Current through Register Vol. 46, No. 39, September 25, 2024
In addition to other payments and benefits authorized by
State law, individuals and families displaced from dwellings on real property
acquired by the office, 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 he relocates and
occupies a decent, safe and sanitary dwelling within one year, beginning on the
later of the following dates: the date on which he receives final payment from
the State for legal damages directly connected with the acquisition of his
dwelling unit; or the date required to move from the dwelling acquired; or the
date on which he 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 office 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 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) he is in occupancy at the
initiation of negotiations for the acquisition of the real property, in whole
or in part; or
(ii) he is in
occupancy at the time he 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) he purchases and occupies a decent, safe
and sanitary dwelling within the time period specified in paragraph (a)(1) of
this section.
(3) The
replacement housing payment is the amount, if any, which when added to the
amount for which the State acquired his 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 office 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 predicted 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
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 purchased a replacement dwelling and his
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
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 he 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 purchase. A
displaced owner-occupant otherwise eligible under subdivision (b) of this
section, except that he 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 to make a down payment 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:
(1) The amount of the down payment shall be
determined by the State as the amount required as a down payment 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) of this
section.
(3) Upon purchase and
occupancy of a decent, safe and sanitary dwelling by the relocatee within the
time limits specified in paragraph (a)(1) of this section, the relocatee may be
reimbursed:
(i) the full amount of the down
payment 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 down payment must
be applied to the purchase price of the replacement property and any down
payment 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 dwelling, the
replacement housing payment will be determined in accordance with paragraph
(b)(4) of this section, 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 down payment 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) of this section, 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 (c)(1)-(3) of this section.
(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) he is in occupancy at the beginning of
negotiations for the acquisition of the real property; or
(ii) he is in occupancy at the time he 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 consectutive days immediately prior to
the date of vacation or initiation of negotiations, whichever is earlier;
and
(iv) he rented and occupied a
decent, safe and sanitary dwelling within the time period specified in
paragraph (a)(1) of this section.
(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 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 he 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; down
payment 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 to make a down payment 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) of this
section.
(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) of this section receives an
amount, not to exceed $4,000, as a rental replacement housing payment or to
enable him to make a down payment 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 down
payment amount, including the expenses incident to purchase of the replacement
dwelling, are to be computed in accordance with the provisions of subdivision
(d) of this section.
(i)
Increased interest payments; owner-occupant over 180 days, who purchases.
(1) An owner-occupant, otherwise eligible
under subdivision (b) of this section, is entitled to a payment for the loss of
favorable financing on his existing mortgage in the financing of replacement
housing, providing such payment falls within the $15,000 limit established in
subdivision (b), 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); 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) Interest rate of replacement dwelling
mortgage.
(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) Partial acquisition.
(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
cost, 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) owners' title policy
or abstract of title;
(vii) escrow
agent's fee;
(viii) State revenue
stamps; and
(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 office determines that a sufficient portion of a mobile home park is taken
to justify the operator of such park to move his 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 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
is being displaced, and is otherwise eligible under the provisions of paragraph
(b)(2) of this section, 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-occupied owns both mobile home
and site, the replacement housing payment will be the amount, if any, which
when added to the amount for which the State acquired his 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 a 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, 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 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 this paragraph, or $4,000 whichever is lesser.
(3) When owner-occupied
owns mobile home, rents site. The replacement housing payment will be the
amount, if any, which when added to the amount for which the State acquired his
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 compensate
him for the loss of favorable financing on his 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 not more 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 is displaced and who is otherwise eligible under the
provisions of paragraph (b)(2) of this section, is eligible for an amount, not
to exceed $4,000, to enable him to make a down payment on the purchase of
replacement housing and to reimburse him 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 down payment calculations, except that the amount of the
down payment 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 down payment calculations, except
that the amount of the down payment shall be determined by the State as the
amount required as a down payment 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 down payment calculations, except that the amount of
the down payment shall be determined by the State as the amount required as a
down payment on the purchase of a comparable mobile home; plus
(ii) the difference in the amount determined
by the State as necessary to rent a comparable 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 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 to make a down payment on
the purchase of a replacement dwelling and to reimburse him for the expenses
incident to such purchase; or
(2)
if he 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
463.2 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 he 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 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 cannot
receive double payment in excess of $15,000 if he 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
shall be paid in a lump sum except that it shall be paid in installments when
this method of payment is requested by the displaced person. Prior to any
payment the tenant must certify to the State that he is occupying decent, safe
and sanitary housing.
