Current through all regulations passed and filed through September 16, 2024
(A) General: this rule describes the
requirements governing the provision of replacement housing payments to a
person displaced from a mobile home and/or mobile home site who meets the basic
eligibility requirements of this rule. Except as modified by this rule, such a
displaced person is entitled to a moving expense payment and a replacement
housing payment to the same extent and subject to the same requirements as
persons displaced from conventional dwellings. Moving cost payments to persons
occupying mobile homes are covered in paragraphs (A)(5)(a) to (A)(5)(j) of rule
5501:2-5-03
of the Administrative Code.
(B)
Partial acquisition of mobile home park: The acquisition of a portion of a
mobile home park property may leave a remaining part of the property that is
not adequate to continue the operation of the park. If the agency determines
that a mobile home located in the remaining part of the property must be moved
as a direct result of the project, the occupant of the mobile home shall be
considered to be a displaced person who is entitled to relocation payments and
other assistance under this part.
(C) Replacement housing payment for
a ninety-day mobile homeowner displaced from a
mobile home, and/or from the acquired mobile home site.
(1) Eligibility.
An owner-occupant displaced from a mobile home or site is
entitled to a replacement housing payment, not to exceed
thirty-one thousand dollars, under paragraph (A) of rule
5501:2-5-04
of the Administrative Code if:
(a) The
person occupied the mobile home on the displacement site for at least
ninety days immediately before:
(i) The initiation of negotiations to acquire
the mobile home, if the person owned the mobile home and the mobile home is
real property;
(ii) The initiation
of negotiations to acquire the mobile home site if the mobile home is personal
property, but the person owns the mobile home site; or
(iii) The date of the agency's written
notification to the owner-occupant that the owner is determined to be displaced
from the mobile home as described in paragraphs (C)(1)(i) to (C)(1)(iv) of this
rule.
(b) The person
meets the other basic eligibility requirements of paragraph (A)(1)(b) of rule
5501:2-5-04
of the Administrative Code; and
(c) The agency acquires the mobile home as
real estate, or acquires the mobile home site from the displaced owner, or the
mobile home is personal property but the owner is displaced from the mobile
home because the agency determines that the mobile home:
(i) Is not, and cannot economically be made
decent, safe, and sanitary;
(ii)
Cannot be relocated without substantial damage or unreasonable cost;
(iii) Cannot be relocated because there is no
available comparable replacement site; or
(iv) Cannot be relocated because it does not
meet mobile home park entrance requirements.
(2) Replacement housing payment computation
for
a ninety-day owner that is displaced from a
mobile home. The replacement housing payment for an eligible displaced
ninety-day owner is computed as described at
paragraph (A)(2) of rule
5501:2-5-04
of the Administrative Code incorporating the following, as applicable:
(a) If the agency acquires the mobile home as
real estate and/or acquires the owned site, the acquisition cost used to
compute the price differential payment is the actual amount paid to the owner
as just compensation for the acquisition of the mobile home, and/or site, if
owned by the displaced mobile homeowner.
(b) If the agency does not purchase the
mobile home as real estate but the owner is determined to be displaced from the
mobile home and eligible for a replacement housing payment based on paragraph
(C)(1)(c)(iii) of this rule, the eligible price differential payment for the
purchase of a comparable replacement mobile home, is the lesser of the
displaced mobile homeowner's net cost to purchase a replacement mobile home
(i.e., purchase price of the replacement mobile home less trade-in or sale
proceeds of the displacement mobile home); or, the cost of the agency's
selected comparable mobile home less the agency's estimate of the salvage or
trade-in value for the mobile home from which the person is
displaced.
(c) If a comparable
replacement mobile home site is not available, the price differential payment
shall be computed on the basis of the reasonable cost of a conventional
comparable replacement dwelling.
(3) Rental assistance payment for
a ninety-day owner-occupant that is displaced
from a leased or rented mobile home site. If the displacement mobile home site
is leased or rented, a displaced
ninety-day owner-occupant is
entitled to a rental assistance payment computed as described in paragraph
(A)(6) of rule
5501:2-5-04
of the Administrative Code. This rental assistance payment may be used to lease
a replacement site; may be applied to the purchase price of a replacement site;
or may be applied, with any replacement housing payment attributable to the
mobile home, to the purchase of a replacement mobile home or conventional
decent, safe and sanitary dwelling.
(4) Owner-occupant not displaced from the
mobile home. If the agency determines that a mobile home is personal property
and may be relocated to a comparable replacement site, but the owner-occupant
elects not to do so, the owner is not entitled to a replacement housing payment
for the purchase of a replacement mobile home. However, the owner is eligible
for moving costs described at rule
5501:2-5-03
of the Administrative Code and any replacement housing payment for the purchase
or rental of a comparable site as described in this paragraph or paragraph (D)
of this rule as applicable.
(D) Replacement housing payment for ninety
day mobile home
tenant:
A displaced tenant of a
mobile home and/or site is eligible for a replacement housing payment, not to
exceed
seven thousand two
hundred
dollars, under paragraph (B) of this rule if:
(1) The person actually occupied the
displacement mobile home on the displacement site for at least ninety days
immediately prior to the initiation of negotiations;
(2) The person meets the other basic
eligibility requirements at paragraph (B)(1) of rule
5501:2-5-04
of the Administrative Code; and
(3)
The agency acquires the mobile home and/or mobile home site, or the mobile home
is not acquired by the agency but the agency determines that the occupant is
displaced from the mobile home because of one of the circumstances described at
paragraph (C)(1)(c) of this rule.
Five Year Review (FYR) Dates:
1/10/2018 and
01/10/2023
Promulgated
Under: 111.15
Statutory
Authority: 163.58
Rule
Amplifies: 163.54,
163.55,
163.57
Prior
Effective Dates: 09/26/1977, 07/10/1992, 04/23/2000, 01/08/2007, 01/09/2014,
01/15/2015
