Laws & Regs

Office of Assistant Secretary for Housing, HUD

pmangrum on DSK3VPTVN1PROD with CFR

(iii) The person moves into the property after transfer of title to the purchaser; or
(iv) HUD determines that the person
was not displaced as a direct result of
acquisition, rehabilitation, or demolition for an assisted project.
(e) Temporary relocation (URA and
non-URA relocation assistance). Residential tenants, who will not be required
to move permanently, but who must
relocate temporarily (e.g., to permit
property repairs), shall be provided:
(1) Reimbursement for all reasonable
out-of-pocket expenses incurred in connection with the temporary relocation,
including the cost of moving to and
from the temporary housing and any
increase in monthly rent or utility
costs. The party responsible for this requirement may, at its option, perform
the services involved in temporarily relocating the tenants or pay for such
services directly; and
(2) Appropriate advisory services, including reasonable advance written notice of the date and approximate duration of the temporary relocation; the
suitable (and where appropriate, accessible), decent, safe, and sanitary housing to be made available for the temporary period; the terms and conditions under which the tenant may lease
and occupy a suitable, decent, safe, and
sanitary dwelling in the building/complex following completion of the repairs; and the right to financial assistance provided under paragraph (e)(1) of
this section.
(f) Appeals. If a person disagrees with
the purchaser’s determination concerning the person’s eligibility for relocation assistance or the amount of the
assistance for which the person is eligible, the person may file a written appeal of that determination with the
owner or purchaser. A person who is
dissatisfied with the purchaser’s determination on his or her appeal may submit a written request for review of that
decision to the HUD Field Office responsible for administering the URA in
the area.
§ 290.18 Restrictions on sale to former
mortgagors.
The defaulting mortgagor, or any
principal, successor, affiliate, or assignee thereof, on the mortgage on the

§ 290.21

property at the time of the default resulting in acquisition of the property
by HUD shall not be eligible to purchase the property. A ‘‘principal’’ and
an ‘‘affiliate’’ are defined as provided
at 24 CFR 24.105.
[66 FR 35847, July 9, 2001]

§ 290.19 Restrictions concerning nondiscrimination against Section 8
certificate holders and voucher
holders.
The purchaser of any multifamily
housing project shall not refuse unreasonably to lease a dwelling unit offered
for rent, offer to sell cooperative stock,
or otherwise discriminate in the terms
of tenancy or cooperative purchase and
sale because any tenant or purchaser is
the holder of a Certificate of Family
Participation or a Voucher under Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f), or any successor legislation. This provision is
limited in its application, for tenants
or applicants with Section 8 Certificates or their equivalent (other than
Vouchers), to those units which rent
for an amount not greater than the
Section 8 Fair Market Rent, as determined by HUD. The purchaser’s agreement to this condition must be contained in any contract of sale and also
may be contained in any regulatory
agreement, use agreement, or deed entered into in connection with the disposition.
§ 290.21 Computing annual number of
units eligible for substitution of
tenant-based assistance or alternative uses.
(a) Substitution of tenant-based Section
8 assistance to low-income families instead
of project-based assistance to units. The
number of units eligible, as permitted
by the Statute, for this form of substitution within the 10 percent limit will
be estimated at the beginning of each
fiscal year, taking into consideration
the aggregate number of subsidized
project units disposed of by HUD in the
immediately preceding fiscal year and
the disposition activity planned for the
current fiscal year.
(b) Alternate uses. The number of
units eligible for alternate uses in any

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