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riod described in subparagraph a above ex- cept that, in condemnation cases, such period should be extended to six months after final adjudication. (2) In the application the individual or family should indicate that, to the best of their knowledge and belief, the replacement dwell- ing meets the standards for decent, safe and sanitary housing and that they are eligible for the payment requested. Before any such pay- ments are made to the displaced person, the Sponsor will make a determination that the dwelling is decent, safe and sanitary as de- scribed in subparagraph b above. (3) The payments described in this paragraph may be made directly to the relocated in- dividual or family, or upon written instruc- tion from the relocated individual or family, directly to the lessor for rent or the seller for use towards the purchase of a decent, safe, and sanitary dwelling. In cases where an ap- plicant otherwise qualifies for the replace- ment housing payments, and upon his specific request in the application, the Sponsor may make such payments into escrow prior to the displaced person's moving. e. Advance Replacement Housing Payments in Condemnation Cases. No property owner should be deprived of the earliest possible payment of the re- placement housing amounts to which he is right- fully due. An advance replacement housing pay- ment can be computed and paid to a property owner if the determination of the Sponsor's acquisi- tion price will be delayed pending the outcome of condemnation proceedings. Since the amount of the replacement housing payment cannot be determined due to the pending condemnation proceedings, a provisional replacement housing payment may be calculated by the Sponsor deeming the Sponsor's maximum offer for the property as the acquisition price. Payment of such amount may be made upon the owner -occupant's agreement that: (1) Upon final determination of the condemna- tion proceedings, the replacement housing payment will be recomputed using the ac- quisition price determined by the court as compared to the actual price paid or the amount determined by the Sponsor necessary to acquire a comparable decent, safe and sanitary dwelling. (2) If the amount awarded in the condemnation proceedings as the fair market value of the 54 property acquired, plus the amount of the provisional replacement housing payment, exceeds the price paid for, or the Sponsor's determined cost of a comparable dwelling, the displaced person will refund to the Spon- sor from his judgment an amount equal to the amount of the excess. However, in no event will he be required to refund more than the amount of the replacement housing payment advanced. If the property owner does not agree to such adjustment, the re- placement housing payment will be deferred until the case is finally adjudicated and corn- puted on the basis of the final determination using the award as the acquisition price. f. Ownership of Replacement Dwelling Prior to Displacement. Any person who has obtained legal ownership of a replacement dwelling, or land upon which his replacement dwelling is constructed, either before or after displacement, and occupies the re- placement dwelling after being displaced, but within the time limit described in subparagraph a above, is eligible for a replacement housing payment if the replacement dwelling meets the standards for decent, safe and sanitary housing. The cost of the land and dwelling at the time of purchase by the displaced person will constitute the "actual cost" in the re- placement housing payment determination. g. Partial Take. In determining the amount of a replacement housing payment on a parcel with a partial take acquisition, the following would apply: (1) Where a dwelling is located on a tract nor- mal for residential use in the area, the maxi- mum replacement housing payment would be determined by subtracting the acquisition price of the property from the estimated sell- ing price of a comparable dwelling on a lot typical for the area. (2) Where a dwelling is located on a tract larger than normal for residential use in the area, the maximum replacement housing payment would be determined by estimating the value of the dwelling at the present location on a homesite typical in size for the area and de- ducting this amount from the selling price of a comparable dwelling on a site typical for the area. h. Dwelling on Land With Higher and Better Use. If the acquired dwelling is located on a tract that has a use higher than residential, the maximum amount payable is the probable selling price of a • • • • 1