Current through Register Vol. 46, No. 52, December 24, 2024
In addition to other payments and benefits authorized by
State law, individuals and families displaced from dwellings on real property
acquired by the Department of Environmental Conservation, who were in occupancy
on or after July 1, 1971 are entitled to supplemental relocation payments,
payment for loss of favorable mortgage financing, and incidental expenses in
accordance with the following criteria and eligibility standards.
(a) General requirements to receive
replacement housing payments.
(1) In addition
to the occupancy requirements as specifically enumerated herein, a displaced
person is otherwise eligible for the appropriate payments when that person
relocates and occupies a decent, safe and sanitary dwelling within one year,
beginning on the latter of the following dates: the date on which that person
receives final payment from the State for legal damages directly connected with
the acquisition of his or her dwelling unit; or the date required to move from
the dwelling acquired; or the date on which that person actually moves from the
dwelling acquired, if in fact this latter date is earlier than the date
required to move. The date required to move is here defined and elsewhere in
this section as that date specified in writing by the State, by which the
property must be vacated.
(2)
Application for payments under this section shall be in writing on forms
prescribed by the commissioner. The application must be filed no later than six
months after the expiration of the one-year period specified immediately above,
except that in cases litigated in the Court of Claims, the six-month period
shall start from the date of final judgment of that court.
(3) If two or more eligible families occupy
the same single family dwelling unit, each family is eligible for a replacement
housing payment if they relocate to separate dwelling units.
(4) If two or more eligible individuals with
no identifiable head of household occupy the same single family dwelling unit
they are considered as one family for replacement housing payment purposes.
When all individuals do not relocate to decent, safe and sanitary housing the
department shall determine and pay those individuals who do relocate into
decent, safe and sanitary housing a pro rata share of the amount that would
have been received if all of the individuals had relocated together.
(b) Supplemental payments;
owner-occupants over 180 days who repurchase.
(1) A displaced owner-occupant of a dwelling
may receive additional payments, the combined total of which may not exceed
$15,000, for the additional cost necessary to purchase replacement housing; to
compensate the owner for the loss of favorable financing on his or her existing
mortgage in the financing of replacement housing; and to reimburse the owner
for incidental expenses incident to the purchase of replacement housing when
such costs are incurred as specified herein.
(2) The owner-occupant is eligible for such
payments when:
(i) that person is in occupancy
at the initiation of negotiations for the acquisition of the real property, in
whole or in part; or
(ii) that
person is in occupany at the time he or she is given a written notice by the
State that it is their intent to acquire the property by a given date;
and
(iii) such occupancy has been
for at least 180 consecutive days immediately prior to the date of vacation or
initiation of negotiations whichever is earlier; and
(iv) that person purchases and occupies a
decent, safe and sanitary dwelling within the time period specified in
paragraph (1) of subdivision (a).
(3) The replacement housing payment is the
amount, if any, which when added to the amount for which the State acquired his
or her dwelling, equals the actual cost which the owner is required to pay for
a decent, safe and sanitary dwelling, or the amount determined by the
department as necessary to purchase a comparable dwelling, whichever is less.
The State's determination of the amount necessary to purchase a comparable
dwelling may be made on the basis of either of the two following methods:
(i) The State may establish a schedule of
probable selling prices of comparable dwellings in the various types of
dwellings being acquired. Such schedule may be prepared from an analysis of the
current probable selling prices of dwellings available on the market.
(ii) The State may determine the probable
selling price of a comparable dwelling by analyzing those selected comparable
dwellings available for sale which are most nearly comparable to the property
being acquired by the State.
All calculations or supplemental relocation payments are to
be predicated on the basis of the probable selling price of the available
comparable housing, not the asking prices.
(4) An owner-occupant desiring to retain his
or her acquired dwelling may be paid a replacement housing payment according to
the following computations:
(i) If the
dwelling to be moved is decent, safe and sanitary, the payment shall be the
amount by which the cost to relocate the dwelling exceeds the acquisition price
of the dwelling. The costs to relocate may include the reasonable costs of
acquiring the dwelling, acquiring a new site and other expenses incident to
retaining, moving the dwelling and restoring it to a condition comparable to
that before the move.
(ii) If the
dwelling to be moved is not decent, safe and sanitary, the payment shall be
computed as above except that the costs to cure the decent, safe and sanitary
deficiencies shall be included in the costs to relocate.
(iii) The payments computed under
subparagraph (i) or (ii) of this paragraph may not exceed the amount which the
owner would have obtained had he or she purchased a replacement dwelling and
his or her payment computed as per paragraph (3) of this subdivision.
(c) Owner-occupant over
180 days who rents replacement housing. An owner-occupant eligible for a
replacement housing payment under subdivision (b) of this section who elects to
rent a replacement dwelling is eligible for a rental replacement housing
payment not to exceed $4,000. The payment shall be computed and disbursed
according to the following criteria:
(1) The
payment shall be determined by subtracting from the amount necessary to rent a
comparable dwelling for the next four years, 48 times the economic rental of
the dwelling unit occupied as computed by the State.
(2) In cases where the economic rental of the
acquired dwelling exceeds 25 percent of the owner's gross monthly income, and
he or she elects to relocate into public subsidized rental housing, the
computation of benefits will be in accordance with paragraph (3) of this
subdivision.
(3) The State may
determine the rental rates of comparable housing by a schedule or an individual
analysis of comparable available rentals.
(4) The payment under this section may not
exceed the maximum amount the owner would have received had that person elected
to repurchase a dwelling unit under the provisions of subdivision (b) of this
section.
(d)
Owner-occupant; less than 180 days but more than 90 days who purchases. A
displaced owner-occupant otherwise eligible under subdivision (b) of this
section except that he or she has owned and occupied the dwelling for less than
180 days but more than 90 days may receive an amount, not to exceed $4,000, to
enable him or her to make a downpayment on the purchase of a replacement
dwelling and reimbursement for actual expenses incident to such purchase; or
for additional costs to relocate his retained dwelling in accordance with the
following regulations:
(1) The amount of the
downpayment shall be determined by the State as the amount required as a
downpayment on a comparable dwelling if such purchase was financed with a
conventional loan.
(2) The expenses
incident to the purchase of replacement housing as described in subdivision (j)
succeeding.
(3) Upon purchase and
occupancy of a decent, safe and sanitary dwelling by the relocatee within the
time limits specified in paragraph (a)(1) the relocatee may be reimbursed:
(i) the full amount of the downpayment
determined in paragraph (1) of this subdivision and the eligible incidental
expenses if such total amount does not exceed $2,000; or if more than
$2,000,
(ii) $2,000, plus 50
percent of the amount in excess of $2,000 providing the relocatee contributes
50 percent of the amount in excess of $2,000.
(4) The full amount of the downpayment must
be applied to the purchase price of the replacement property and any
downpayment and incidental costs claimed must be shown in the closing
statement. To process for payment, the State must be furnished a copy of the
closing statement. If the owner elects to retain his or her dwelling, the
replacement housing payment will be determined in accordance with paragraph (4)
of subdivision (b), except that such payment shall not exceed $4,000. If the
owner first elects to rent a replacement property, but later decides to apply
for a downpayment on a purchase of a replacement property, any payments made
under the rental provisions are to be deducted from the payments authorized
under this paragraph.
(e) Owner-occupant; less than 180 days but
more than 90 days; who rents. An owner-occupant otherwise eligible under
subdivision (b) except that he has owned and occupied the dwelling for less
than 180 days but more than 90 days, and elects to rent a replacement dwelling
is eligible for a rental housing payment not to exceed $4,000. The specific
payment will be determined in accordance with the provisions of paragraphs (1),
(2) and (3) of subdivision (c).
(f)
Tenant-occupant; over 90 days; renting replacement housing.
(1) A displaced tenant is eligible for a
rental replacement housing payment, not to exceed $4,000 when:
(i) that person is in occupancy at the
beginning of negotiations for the acquisition of the real property;
or
(ii) that person is in occupancy
at the time he or she is given a written notice by the State that it is their
intent to acquire the property by a given date; and
(iii) such occupancy has been for at least 90
consecutive days immediately prior to the date of vacation or initiation of
negotiations, whichever is earlier; and
(iv) that person rented and occupied a
decent, safe and sanitary dwelling within the time period specified in
paragraph (1) of subdivision (a);
(2) The payment, not to exceed $4,000, shall
be determined by subtracting from the amount necessary to rent a comparable
dwelling for the next four years the following amount:
(i) 48 times the average monthly rental paid
by the relocated individual or family during the last three months;
or
(ii) if such average monthly
rental is not reasonably equal to market rentals for similar dwellings, the
economic rent as established by the State shall be used.
(iii) The "rent being paid" shall include any
rent supplements supplied by others except when, by law, such supplement is to
be discontinued upon vacation of the property.
(3) When the average monthly rental being
paid by the relocatee, not including supplemental rent by public agencies,
exceeds 25 percent of the monthly gross income of such individual or family,
the payment, not to exceed $4,000, shall be determined by subtracting 12 times
the average monthly income of the relocatee from:
(i) 48 times the monthly rental determined by
the State as necessary to rent a private comparable dwelling if the relocatee
moves into private housing; or
(ii)
if the relocatee moves into public subsidized housing, the lesser of:
(a) 48 times the monthly rental determined by
the State as necessary to rent a private comparable dwelling; or
(b) 48 times the monthly rental the relocatee
is required to pay if that person relocates in the subsidized
housing.
(4)
The State may determine the rental rates of comparable housing by a schedule or
an individual analysis of comparable rentals.
(g) Tenant-occupant; over 90 days;
downpayment for purchase. A tenant-occupant eligible for a rental replacement
payment under subdivision (f) of this section who elects to purchase a
replacement dwelling is eligible to receive an amount, not to exceed $4,000, to
enable him or her to make a downpayment on the purchase of a replacement
dwelling, including the incidental expenses incident to such purchase. The
payment will be computed in accordance with the provisions of subdivision
(d).
(h) Sleeping room tenant; over
90 days. A displaced tenant of a sleeping room who is eligible for a
replacement housing payment under subdivision (f) may receive an amount, not to
exceed $4,000, as a rental replacement housing payment or to enable him or her
to make a downpayment on a replacement dwelling in accordance with the
following regulations:
(1) For rental
replacement housing the payment, not to exceed $4,000, shall be determined by
subtracting from the amount necessary to rent a comparable sleeping room for
the next four years the following amount:
(i)
48 times the average monthly rental paid by the displaced tenant during the
last three months; or
(ii) if such
average monthly rental is not reasonably equal to market rentals for similar
sleeping rooms, the economic rent as established by the State.
(2) The State may determine the
rental rates of comparable housing by a schedule or an individual analysis of
comparable available rentals.
(3)
The downpayment amount, including the expenses incident to purchase of the
replacement dwelling are to be computed in accordance with the provisions of
subdivision (d).
(i)
Increased interest payments; owner-occupant over 180 days who purchases.
(1) An owner-occupant, otherwise eligible
under subdivision (b), is entitled to a payment for the loss of favorable
financing on his or her existing mortgage in the financing of replacement
housing, providing such payment falls within the $15,000 limit established in
subdivision (b) of this section, and further providing that the following
conditions are met:
(i) the dwelling acquired
was encumbered by a bona fide mortgage which was a valid lien on such dwelling
for not less than 180 days prior to the established eligibility date as
specified in subdivision (b) of this section; and
(ii) the mortgage on the replacement dwelling
bears a higher rate of interest than the mortgage interest rate on the acquired
dwelling.
(2) The
increased interest payment will be based on and limited to the lesser of the
following amounts:
(i) the present worth of
the right to receive the monthly difference in mortgage payments on the
existing mortgage using the old and new interest rates; or
(ii) the present worth of the right to
receive the monthly difference in mortgage payments on the new mortgage using
the old and new interest rates.
(3) Payment computation. The amount of
increased interest payment will be computed in accordance with the following
procedures:
(i) The monthly principal and
interest payment differences caused by the change in interest rates is computed
for both the existing mortgage and new mortgage for their respective remaining
terms and amounts. The old and new interest rates are used in each
case.
(ii) The present worth of the
monthly interest difference found in subparagraph (i) of this paragraph is
computed for each mortgage by discounting the annual difference (the sum of the
monthly difference for one year) at the savings deposit interest rate for the
remaining term of each mortgage. The lesser of the amounts so derived is the
increased interest payment.
(4)
(i) The
interest rate on the mortgage for the replacement dwelling to be used in the
computation shall be the actual rate but may not exceed the prevailing interest
rate currently charged by mortgage lending institutions in the
vicinity.
(ii) When the lending
agency imposes debt service charges as an incident to the extension of credit,
and such charges are normal to the market, the annual percentage rate shown in
the truth in lending statement shall be used in lieu of the mortgage interest
rate in computing the monthly principal and interest payments.
(5) Discount rate. The discount
rate shall be the prevailing rate of interest paid on passbook savings account
deposits by commercial banks in the general area in which the replacement
dwelling is located.
(6) To whom
payment made. The payment described in this paragraph may be made directly to
the relocated individual or family, or upon written instruction from the
relocated individual or family, directly to the mortgagee of the replacement
dwelling.
(7)
(i) Where the dwelling is located on a tract
normal for residential use in the area, the interest payment shall be reduced
to the percentage ratio that the acquisition price bears to the before value;
except, the reduction shall not apply when the mortgagee requires the entire
mortgage balance to be paid because of the acquisition and it is necessary to
refinance.
(ii) Where a dwelling is
located on a tract larger than normal for residential use in the area, the
interest payment shall be reduced to the percentage ratio that the value of the
residential portion bears to the before value. This reduction shall apply
whether or not it is required that the entire mortgage balance be
paid.
(8) Multi-use
properties. The interest payment on multi-use properties shall be reduced to
the percentage ratio that the residential value of the multi-use property bears
to the before value.
(9) Other
highest and best use. If a dwelling is located on a tract where the fair market
value is established on a higher and better than residential use, and if the
mortgage is based on residential value, the interest payment shall be computed
as provided above. If the mortgage is obviously based on the higher use,
however, the interest payment shall be reduced to the percentage ratio that the
estimated residential value of the parcel bears to the before value.
(j) Incidental expenses.
(1) An otherwise eligible owner-occupant or
tenant-occupant who purchases a replacement dwelling, is entitled to a payment
for the incidental expenses incident to the purchase of the replacement
dwelling, providing such payment falls within the $15,000 and $4,000 limits as
otherwise established in this section. The following expenses, insofar as they
do not constitute prepaid expenses, are eligible for reimbursement on an actual
cost basis:
(i) Legal, closing and related
costs including title search, preparing conveyance contracts, notary fees,
surveys, preparing drawings or plats, and charges paid incident to
recordation;
(ii) Lenders, FHA or
VA appraisal fees;
(iii) FHA or VA
application fee;
(iv) Certification
of structural soundness;
(v) Credit
report;
(vi) Owner's title policy
or abstract of title;
(vii) Escrow
agent's fee;
(viii) State revenue
stamps;
(ix) Sales or transfer
taxes.
(2) No fee, cost,
charge or expense is reimbursable as an incidental expense which is part of the
debt service, or finance, charge under the Federal Truth in Lending
Act.
(3) Reimbursement for these
eligible incidental expenses shall be contingent upon showing the actual
expense and shall be accompanied by a copy of the closing statement for the
replacement dwelling.
(k) Mobile homes; replacement housing
payments; general provisions.
(1) A mobile
home is considered to be decent, safe and sanitary if it meets the defined
standards in this Part.
(2) Where
the department determines that a sufficient portion of a mobile home park is
taken to justify the operator of such park to move his or her business or go
out of business and the operator does in fact move or go out of business, the
owners and occupants of the mobile home dwellings not within the actual taking
but who are forced to move are eligible to receive the same payments as though
their dwellings were within the actual taking.
(3) When a comparable mobile home dwelling is
not available, the supplemental relocation payment is to be calculated on the
basis of the next higher type dwelling that is available and meets the
applicable requirements and standards, i.e., a higher type mobile home or a
conventional dwelling.
(l) Mobile homes; owner-occupants over 180
days. A displaced owner of a mobile home who has occupied, for at least 180
days, the mobile home on the site from which he or she is being displaced and
is otherwise eligible under the provisions of paragraph (2) of subdivision (b),
is eligible for payments, the total of which may not exceed $15,000, for the
additional costs necessary to purchase replacement housing under the following
circumstances:
(1) When owner-occupant owns
both mobile home and site, the replacement housing payment will be the amount,
if any, when added to the amount for which the State acquired his or her mobile
home and site equals the lesser of:
(i) the
amount the owner is required to pay for a decent, safe and sanitary
conventional dwelling or a decent, safe and sanitary replacement mobile home
and site; or
(ii) the amount
determined by the State as necessary to purchase a comparable mobile home and
site.
If the owner-occupant decides to rent, the rental
replacement payment shall be the difference between the State's determination
of the amount necessary to rent a comparable mobile home and site for a period
of four years and 48 times the economic rent of the existing mobile home and
site. The calculated rental replacement payment may not exceed the amount
determined by the State in subparagraphs (i) and (ii) of this paragraph, or
$4,000, whichever is lesser.
(2) Owner-occupant; acquisition of site only.
Upon acquisition of the site, but not the home situated upon the site and the
mobile home is required to be moved, the replacement housing payment will be
determined as follows: the amount, if any, when added to the amount for which
the State acquired his or her mobile homesite equals the lesser of:
(i) the amount the owner is required to pay
for a comparable homesite, or
(ii)
the amount determined by the State as necessary to purchase a comparable mobile
homesite.
If the owner elects to rent, the rental replacement payment
shall be the difference in the amount determined by the State as necessary to
rent a comparable mobile homesite for a period of four years and 48 times the
economic rent of the site acquired. The calculated rental replacement payment
may not exceed the amount determined by the State in subparagraph (ii) of
paragraph (2) of this subdivision, or $4,000 whichever is lesser.
(3) When owner-occupant
owns mobile home; rents site. The replacement housing payment will be the
amount, if any, when added to the amount for which the State acquired his or
her mobile home equals the lesser of:
(i) the
amount the owner is required to pay for a replacement dwelling; or
(ii) the amount determined by the State as
necessary to purchase a comparable mobile home, plus the difference in the
amount determined by the State as necessary to rent a comparable mobile
homesite for a period of four years and 48 times the rent being paid on the
site acquired. If the owner elects to rent a replacement mobile home, the
rental replacement housing payment, not to exceed $4,000, shall be the
difference in the amount determined by the State as necessary to rent a
comparable mobile home and site for four years and 48 times the economic rent
of the mobile home plus the actual rent of the site acquired.
(4) In addition to the replacement
housing payments specified above, the owner-occupant is entitled to a payment
to compensate him or her for the loss of favorable financing on his or her
existing mortgage in the financing of replacement housing and payment for
incidental expenses incident to the purchase of replacement housing. These
payments will be calculated and paid in accordance with subdivisions (i) and
(j) of this section.
(m)
Mobile homes; owner-occupants less than 180 days, but more than 90 days. A
displaced owner of a mobile home who has occupied, for less than 180 days but
more than 90 days, the mobile home on the site from which he or she is
displaced and who is otherwise eligible under the provisions of paragraph (2)
of subdivision (b), is eligible for an amount, not to exceed $4,000, to enable
him or her to make a downpayment on the purchase of replacement housing and to
reimburse him or her for the actual expenses incident thereto in accordance
with the following provisions:
(1)
Owner-occupant owning both mobile home and site. If the owner purchases a
replacement dwelling, the replacement housing payment will be determined in
accordance with the heretofore defined provisions relating to downpayment
calculations, except that the amount of the downpayment shall be determined by
the State as the amount required on the purchase of a comparable mobile home
and site. If the owner-occupant elects to rent, the rental replacement payment,
not to exceed $4,000, shall be the difference in the amount determined by the
State as necessary to rent a comparable mobile home and site for a period of
four years and 48 times the economic rental of the mobile home and
site.
(2) Owner-occupant;
acquisition of site only. If the owner purchases conventional housing or a site
to which the mobile home is moved, the replacement housing payment will be in
an amount determined in accordance with the provisions relating to downpayment
calculations except that the amount of the downpayment shall be determined by
the State as the amount required as a downpayment on the purchase of a
comparable site. If the owner-occupant elects to rent, the rental replacement
payment, not to exceed $4,000, shall be the difference in the amount determined
by the State as necessary to rent a comparable site for four years and 48 times
the economic rent of the site acquired.
(3) Owner-occupant owns mobile home; rents
site. If the owner purchases replacement housing, the replacement housing
payment, not to exceed $4,000, will be:
(i)
an amount determined in accordance with the provisions relating to downpayment
calculations, except that the amount of the downpayment shall be determined by
the State as the amount required as a downpayment on the purchase of a
comparable mobile home; plus
(ii)
the difference in the amount determined by the State as necessary to rent a
compaarble mobile homesite for four years and 48 times the rent being paid on
the site acquired.
If the owner elects to rent, the rental replacement payment
shall be the difference in the amount determined by the State as necessary to
rent a comparable mobile home and site for four years and 48 times the economic
rent of the mobile home and the actual rent of the site acquired.
(n) Mobile
homes; tenants over 90 days. A displaced tenant of a mobile home who has
occupied for at least 90 days the mobile home on the site from which he or she
has been displaced and is otherwise eligible under the provisions of paragraph
(f)(1) of this section, is eligible for a replacement housing payment, not to
exceed $4,000.
(1) to enable him or her to
make a downpayment on the purchase of a replacement dwelling and to reimburse
him or her for the expenses incident to such purchase; or
(2) if he or she elects to rent, payment
shall be the difference in the amount determined by the State as necessary to
rent a comparable mobile home and site for four years and 48 times the actual
rent being paid for the mobile home and site acquired.
(o) Supplemental replacement housing
payments; miscellaneous provisions.
(1)
Inspection of replacement dwelling. In order to be eligible for and receive any
supplemental relocation payments, the State must inspect the replacement
dwelling and determine that it meets the decent, safe and sanitary standards as
defined in section
590.2 of this Part. In any
application for payment, the individual or family must indicate that, to the
best of their knowledge and belief, the replacement dwelling meets the defined
standards for decent, safe and sanitary housing.
(2) Advanced replacement housing payments in
litigated cases. An advance replacement housing payment can be authorized and
paid to a property owner if the determination of the State's acquisition price
will be delayed pending the outcome of a trial in the Court of Claims. A
provisional replacement housing payment may be calculated by deeming the
State's maximum offer for the property as the acquisition price. Payment of
such amount may be made upon the owner-occupant's agreement that:
(i) Upon final judgment of the Court of
Claims the replacement housing payment will be recomputed using the acquisition
price determined by the court as compared to the actual price paid or the
amount determined by the State necessary to acquire a comparable decent, safe
and sanitary dwelling; and
(ii) If
the amount awarded by the court as the fair market value of the property
acquired plus the amount of the recomputed replacement housing payment exceeds
the price paid for, or the State's determined cost of a comparable dwelling,
the owner will refund to the State from the judgment amount, an amount equal to
the excess. In no event, however, shall that person be required to refund more
than the amount of the replacement housing payment advanced; and
(iii) If the property owner does not agree to
such adjustment, the replacement housing payment shall be deferred until the
case is finally adjudicated and computed on the basis of the final
determination, using the award as the acquisition price.
(3) Ownership of replacement dwelling prior
to displacement. Any person who has obtained legal ownership of a replacement
dwelling any time after the initiation of negotiations on the project and
occupies the replacement dwelling after being displaced but within the time
limit specified in paragraph (a)(1) of this section, is eligible for a
replacement housing payment if the replacement dwelling meets decent, safe and
sanitary standards.
(4) Partial
taking situations.
(i) Where a dwelling is
located on a tract normal for residential use in the area, the maximum
replacement housing payment shall be determined by subtracting the "before
value" of the property from the estimated selling price of a comparable
dwelling on a lot typical for the area.
(ii) Where a dwelling is located on a tract
larger than normal for residential use in the area, the maximum replacement
housing payment shall be determined by estimating the value of the dwelling at
the present location on a homesite typical in size for the area and deducting
this amount from the selling price of a comparable dwelling on a site typical
for the area.
(5)
Dwelling on land with higher and better use. Where a dwelling is located on a
tract where the fair market value is established on a higher and better than
residential use, the maximum replacement housing payment shall be determined by
estimating the value of the dwelling at the present location on a homesite
typical for the area and zoned for residential use and deducting this amount
from the selling price of a comparable dwelling on a typical residential
homesite for the area.
(6) Joint
residential and business use. Where displaced individuals or families occupy
living quarters on the same premises as a displaced business, farm or nonprofit
organization, such individuals or families are separate displaced persons for
purposes of determining entitlement to relocation payments.
(7) Payments on assignments. Payments
described herein may be made, upon written instructions and assignment from the
displaced person, directly to a lessor for rent or to a seller for application
on a payment for a decent, safe and sanitary dwelling.
(8) Owner-occupant; prohibitions on double
payments. If an owner-occupant eligible for the maximum $15,000 payment elects
initially not to repurchase a replacement dwelling, but rather to claim
benefits on the four year rent differential basis, he or she cannot receive
double payment in excess of $15,000 if he or she later decides (within the
allowable period) to purchase a replacement house. The amount of any payment
made on the rent differential basis is to be deducted from the calculated
differential necessary to purchase a replacement dwelling.
(9) All rental replacement housing payments
in excess of $500 will be made in four equal installments on an annual basis,
except that prior to receiving such installment payment the tenant must certify
to the State that he or she is occupying decent, safe and sanitary
housing.