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the expenses involved and, except as provided in paragraphs (d) and (e) of this section, shall be supported by receipts and such other evidence as the displacing agency may require.

(c) A displaced person may not be paid for his moving expenses in advance of the actual move unless the displacing agency finds that a hardship would otherwise result.

(d) If a displaced person, his mover, and the displacing agency agree by prearrangement in writing, the displaced person may submit an unpaid bill for moving expenses for direct payment.

(e) If the displacing agency contracts with independent movers on a schedule basis and provides a displaced person with a list of movers he may choose from to move his personal property, payment shall be made directly to the mover.

(f) In the case of a self-move by a displaced person, the amount of payment for actual reasonable moving expenses may not exceed the cost of having the move accomplished by a commercial mover. § 4.123 Exclusions.

A displaced person is not entitled to be paid for

(a) Additional expenses incurred because of living in a new location;

(b) Cost of moving structures or other improvements to real property which are reserved by the displaced person;

(c) Improvements to the replacement site, except when required by law;

(d) Interest on loans to cover moving expenses;

(e) Loss of good will;
(f) Loss of profits;
(g) Loss of trained employees;
(h) Personal injury;

(i) Cost of preparing the application for moving and related expenses; or

(j) Modification of personal property to adapt it to replacement site, except when required by law. § 4.125 Moving expenses; occupants of

dwellings. (a) Except as provided in § 4.123, persons displaced from dwellings are entitled to be paid actual reasonable expenses for

(1) Transporting themselves and their personal property from the displacement site to a replacement site, but not more than 50 miles unless the displacing agency finds that the dis

placed person cannot relocate within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing their personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting their personal property;

(4) Insuring against loss or damage of their personal property while in storage or transit; and

(5) Removing and reinstalling a household appliance, including reconnecting utilities, if

(1) It is not acquired by the displaceing agency as real property;

(ii) The displaced person agrees in writing that the appliance is personal property and releases the displacing agency from paying for it; and

(iii) It is not a real property improvement to the location site, unless reinstallation is otherwise required by law.

(b) A displaced person is entitled to be reimbursed for uninsurable loss or damage of his personal property while in the process of moving, if the loss or damage was not a result of his fault or negligence. § 4.127 Moving expenses; businesses

and farm operations. (a) Except as provided in $ 4.123, a displaced person who conducts a business or farm operation which is discontinued or relocated is entitled to actual reasonable expenses for

(1) Transporting his personal property from the displacement site to a replacement site, but not more than 50 miles, unless, in the case of relocation, the displacing agency finds that the business or farm operation cannot be relocated within that distance;

(2) Packing, crating, and, if the displacing agency finds it necessary, storing his personal property for not more than 6 months;

(3) If the displacing agency finds it necessary, advertising for packing, crating, storing, or transporting his personal property;

(4) Insuring against loss or damage of his personal property while in storage or transit;

(5) Removing and reinstalling machinery and equipment including reconnecting utilities, if

(i) It is not acquired by the displacing agency as real property;

(ii) The displaced person agrees in writing that the machinery or equipment is personal property and releases the displacing agency from paying it; and

(iii) It is not a real property improvement to the location site, unless the reinstallation is otherwise required by law; and

(6) Searching for a replacement business or farm operation, to the extent those expenses meet the requirements of $ 4.135.

(b) A displaced person who conducts a business or farm operation which is discontinued or relocated is entitled to the actual direct losses of personal property resulting from the discontinuation or move, to the extent those losses meet the requirements of $ 4.133.

(c) A displaced person who conducts a business or farm operation which is relocated is entitled to be reimbursed for uninsurable loss or damage of his personal property while in the process of moving, if the loss or damage is not the result of his fault or negligence. § 4.129 Moving expenses; advertising

businesses. A displaced person who conducts a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of outdoor advertising displays, whether or not the displays are located on the premises on which any of those activities are conducted, is entitled to the moving expenses described in § 4.127. $ 4.131 Low value, high bulk property;

businesses and farm operations. In the case of low value, high bulk personal property, such as junk, stockpiled sand, gravel, minerals, metals, or similar items, used in connection with a relocated business or farm operation, payment for actual reasonable moving expenses may not be more than the cost of replacing that property at the relocation site less the amount for which it could be sold at the displacement site. § 4.133 Actual direct losses; businesses

and farm operations. (a) Subject to the requirements and limitations in paragraphs (b) through (f) of this section, a displaced person who conducts a business or farm opera

tion is entitled to payment for actual direct losses of personal property that is used in connection with the business or farm operation but is

(1) No longer needed because the business or farm operation is being discontinued; or

(2) Not being moved to a relocation site because it is not suitable for use there.

(b) If a business or farm operation is relocated, payment for actual direct losses of personal property may not be more than the amount the displacing agency determines the reasonable moving expenses would be for moving that property to the relocation site.

(c) A displaced person who conducts a business or farm operation shall make a bona fide effort to sell personal property he does not move.

(d) If a displaced person relocates a business or farm operation and sells an item of personal property that he does not move and promptly replaces it with a comparable item, payment for actual direct loss of the original item may not be more than the replacement cost less its sale price, or the cost of moving the original item, whichever is less.

(e) If a displaced person discontinues a business or farm operation and sells an item of personal property, payment for actual direct loss of that item may liot be more than the inplace value of the item less its sale price, or the cost of moving it, whichever is less.

(f) If a displaced person who conducts a business or farm operation abandons an item of personal property after making a bona fide effort to sell that property, payment for the actual direct loss of that item may not be more than the inplace value of the item less what its sale price would have been, or the cost of moving it, whichever is less. § 4.135 Expenses in searching for re

placement business or farm opera

tion. . (a) Except as provided in paragraph (b) of this section, a displaced person who conducts a business or farm operation is entitled to not more than $500, or such higher amount as the displacing agency considers justified under the circumstances, for actual reasonable expenses in searching for a replacement business or farm operation including

(1) Cost of travel;
(2) Cost for meals and lodging;

(3) An amount for time spent searching, based on the salary or earnings of

the displaced person from the business or $ 4.157 Application and payment. farm operation, but not more than $10

Application and payment procedures per hour; and

under this subpart shall be as stated in (4) If the displacing agency considers

§ 4.121, except that a person electing to it desirable, the cost of a broker or realtor

be paid under this subpart need not file to locate a replacement site.

an itemization of expenses of moving. (b) A displaced person who conducts an advertising business described in § 4.159 Fixed allowance; businesses. § 4.129, is entitled to not more than $100,

A displaced person who conducts a or if the displacing agency considers it

business and elects to receive a fixed aljustified under the circumstances not lowance in lieu of actual moving and remore than $500, for actual reasonable ex

lated expenses is entitled to a fixed penses in searching for a replacement

amount equal to the average annual net outdoor advertising display site.

income of the business, computed in acSubpart F- Fixed Allowance in Lieu

cordance with $ 4.163, but not less than of Moving and Related Expenses

$2,500 or more than $10,000, if that busi

ness § 4.151 Scope.

(a) Substantially contributes to the This subpart prescribes the require

income of the displaced person;

(b) Cannot, in the opinion of the disments governing payment of dislocation and moving expense allowances to dis

placing agency, be relocated without subplaced persons who are eligible for pay

stantial loss of existing patronage taking ment of their actual moving and related

into considerationexpenses under Subpart E of this part,

(1) The type of the business; but elect to receive a fixed allowance in

(2) The nature of its clientele; and lieu thereof.

(3) The relative importance of the

displacement and proposed relocation § 4.153 Schedule of moving expense al

sites to the business; and lowances; occupants of dwellings.

(c) Is not part of a commercial enterThe displacing agency shall establish prise having at least one other establish(or obtain) and maintain a schedule of ment engaged in the same or similar moving expense allowances applicable to business which is not being acquired by persons displaced from dwellings by proj

a State agency or the United States. ects to which this part applies, based on § 4.161 Fixed allowance; farm operacurrent moving costs in the project's lo

tion. cality. The allowance for any individual (a) A displaced person who conducts or displaced person may not exceed $300. a farm operation and elects to receive a § 4.155 Dislocation and moving expense

fixed allowance in lieu of actual moving allowances; occupants of dwellings.

and related expenses is entitled to a fixed

amount equal to the average annual net A person displaced from a dwelling

income of the farm operation, computed who elects to receive fixed dislocation

in accordance with § 4.163, but not less and moving expense allowances in lieu than $2,500 or more than $10,000. of payment of actual moving and related (b) In the case of a partial acquisition expenses is entitled to

and displacement of a farm operation, (a) A dislocation allowance of $200; the fixed allowance described in paraand

graph (a) of this section may be paid (b) The applicable moving expense al- only if the displacing agency finds that lowance specified in the schedule of

(1) The displaced activity was a farm moving expense allowances maintained operation before the acquisition of the under $ 4.153 for the locality concerned.

displacement site; and

(2) The property remaining after § 4.156 Family treated as person.

acquisition is not an economic unit. For the purpose of this subpart, the $ 4.163 Computing average annual net term “person" includes two or more indi

income; businesses and farm operaviduals who are living together in the tions. same dwelling, as a single family unit and

(a) For the purposes of this subpart, who are related to each other by blood, the average annual net income of a busimarriage, adoption, or legal guardian ness or farm operation is its average anship.

nual net earnings before Federal, State,

and local income taxes during the 2 tax & 4.175 Occupancy. years immediately preceding the tax

(a) A displaced tenant or homeowner year in which it is displaced. Net earn

"occupies” a dwelling within the meanings include compensation obtained from

ing of this subpart only if the dwelling is the business or farm operation by its

his permanent place of residence. owner, his spouse, or dependents, or in

(b) If a tenant or homeowner conthe case of a corporate owner, by the holder of a majority of the common

tracts for the construction or rehabilistock, his spouse, or dependents.

tation of a replacement dwelling, and for (b) For the purpose of determining

reasons not within his control the con

struction or rehabilitation is delayed bemajority ownership, stock held by an individual, his spouse, and his depend

yond the date occupancy is required, the

displacing agency may extend the period ents shall be treated as a unit. (c) If the displacing agency finds that

of eligibility for a replacement housing the 2 tax years immediately preceding

payment until the tenant or homeowner displacement are not representative, or

occupies the replacement dwelling. if the business or farm operation has § 4.177 Inspection of replacement dwellnot been in operation that long, it may,

ing required. with the concurrence of the Administra

(a) Before making a replacement tor, prescribe some other time period for

housing payment to a displaced homecomputing average annual net income.

owner or tenant, or releasing a payment (d) If a displaced person who con

from escrow, as the case may be, the disducts a business or farm operation elects

placing agency shall inspect the replaceto receive a fixed payment under this

ment dwelling to determine whether or subpart, he shall provide proof of his

not it meets the criteria for decent, earnings from the business or farm op

safe, and sanitary dwellings. The diseration to the displacing agency. Proof

placing agency may use the services of of earnings may be established by in

any public agency ordinarily engaged in come tax returns, certified financial

housing inspection to conduct the instatements, or other similar evidence.

spection required by this section. Subpart G-Replacement Housing (b) A determination by the displacPayments

ing agency that a dwelling meets the

criteria for decent, safe, and sanitary § 4.171 Scope.

housing is solely for the purpose of this This subpart prescribes the require subpart and is not a representation for ments governing payment for replace any other purpose. ment housing for individuals and fami- & 4.179 Application and payment. lies displaced by projects which are part of a Federal or federally assisted pro

(a) Upon application by a displaced gram administerec by the Environ

homeowner or tenant who meets the remental Protection Agency.

quirements of this subpart for a replace§ 4.173 Purchase of a decent, safe, and

ment housing payment, the displacing sanitary dwelling.

agency shall

(1) If he has purchased or rented, and A displaced tenant or homeowner

occupied a decent, safe, and sanitary "purchases" a dwelling within the mean

dwelling, make the payment directly to ing of this subpart when he (a) Acquires an existing dwelling;

him, or, at his option, to the seller or (b) Rehabilitates a substandard dwell

lessor of the decent, safe, and sanitary ing which he owns or acquires;

dwelling; or (c) Relocates a dwelling which he (2) If he has purchased or rented, but owns or acquires;

not yet occupied a decent, safe, and sani(d) Relocates and rehabilitates a sub tary dwelling, upon his request make the standard dwelling which he owns or payment into an escrow account. acquires;

(b) The application shall be in writ(e) Constructs a new dwelling on &

ing and filed with the displacing agency site which he owns or acquires; (f) Contracts to purchase a dwelling

within 18 months after the date the apon a site provided by a builder; or

plicant was required to vacate an ac(g) Contracts for the construction of quired dwelling or 6 months after nnal a dwelling on a site provided by a builder adjudication of a condemnation proor on a site which he owns or acquires. ceeding, whichever is later.

§ 4.181 Eligibility,

(a) A displaced homeowner is eligible for a replacement housing payment under $ 4.183 if he

(1) Qualifies a displaced person under § 4.7;

(2) Actually owned and occupied the acquired dwelling for at least 180 consecutive days immediately before the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(3) Purchases and occupies a decent, safe, and sanitary dwelling within 1 year after the date he receives final payment for the acquired dwelling, or 1 year after the date he is required to move from the acquired dwelling, whichever is later.

(b) A displaced homeowner is eligible for a replacement housing payment under § 4.185 if he

(1) Qualifies as a displaced person under $ 4.7;

(2) Actually owned and occupied the acquired dwelling for at least 90 consecutive days immediately before the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(3) Rents or purchases, and occupies a decent, safe, and sanitary dwelling within 1 year after the date he receives final payment for the acquired dwelling, or 1 year after date he is required to move from the acquired dwelling, whichever is later.

(c) A displaced tenant is eligible for a replacement housing payment under $ 4.185 if he

(1) Qualifies as a displaced person under $ 4.7;

(2) Actually occupied the acquired dwelling for at least 90 consecutive days immediately before the initiation of negotiations for the property or the issuance of a written notice of intent to acquire the property by a definite date, as the case may be; and

(3) Rents or purchases, and occupies a decent, safe, and sanitary dwelling within 1 year after the date he is required to move from the acquired dwelling.

(d) For the purpose of paragraphs (a) (2) and (b) (2) of this section, if a homeowner inherits an interest in a dwelling by devise or operation of law, his tenure of ownership includes the tenure of the preceding homeowner.

§ 4.183 Replacement housing payment;

purchase price. A displaced homeowner who qualifies under $ 4.181(a) is entitled to a replacement housing payment of not more than $15,000. Within that limitation the payment shall consist of the following amounts:

(a) If the reasonable cost of a comparable replacement dwelling is more than the acquisition price of the acquired dwelling, the difference between them.

(b) If there was a bona fide mortgage which constituted a valid lien on the acquired dwelling for at least 180 days before the initiation of negotiations for the acquired dwelling and if the cost of financing the purchase of a replacement dwelling includes increased interest costs, an amount to compensate for that increase.

(c) An amount necessary to cover incidental expenses on the purchase of a replacement dwelling, but not including prepaid expenses. $ 4.185 Replacement housing payments;

rent and down payments. A displaced homeowner who qualifies under $ 4.181(b) or a displaced tenant who qualifies under $ 4.181(c), is entitled to a replacement housing payment of not more than $4,000. Within that limitation the payment shall be that amount necessary for the homeowner or tenant to—

(a) Rent a comparable replacement dwelling for a period of not more than 4 years; or

(b) Make the down payment required for a conventional loan and cover the incidental expenses on the purchase of a comparable replacement dwelling. § 4.187 Rules for considering land

values. In determining the amount of a replacement housing payment under $ 4.183(a) the following rules apply:

(a) If the dwelling is located on a tract typical for residential use in the area, the amount payable is the probable selling price of a comparable replacement dwelling on a tract typical for the area less the value of the acquired property.

(b) If the dwelling is located on a tract larger than typical for residential use in the area, the amount payable is the probable selling price of a comparable replacement dwelling on a tract typical for the area less the estimated value of the dwelling assuming it was located on a tract typical for the area.

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