(f) State where the brochure describing the relocation program may be obtained.

§ 4.91 Waiver of public information requirements.

When persons are to be displaced from five or fewer dwellings, the displacing agency may, instead of complying with §§ 4.81, 4.83, 4.85, 4.87, 4.89, provide the information required to be provided by those sections to the displaced persons by personal delivery and detailed oral explanation of the information.

§ 4.93 Information for displaced per

sons.

(a) The displacing agency shall deliver to each displaced person either in person or by certified mail, return receipt requested

(1) A brochure explaining the relocation assistance advisory program; and

(2) If it is not included in the brochure, a notice stating the eligibility requirements for payments for replacement housing and moving expenses.

(b) In addition to the information furnished under paragraph (a) of this section, the displacing agency shall deliver to each displaced homeowner or tenant, either in person or by certified mail, return receipt requested, a written statement setting forth the optional types and the actual amount of replacement housing payments to which they are entitled. information (c) The by paragraphs (a) and (b) of this section shall be furnished

required

(1) To homeowners not later than 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

(2) To tenants within 7 days after 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.

(d) The displacing agency shall notify each displaced person of his right of appeal under § 4.37.

Subpart E-Moving and Related Expenses

Federal or federally assisted program administered by the Environmental Protection Agency.

§ 4.113 Eligibility not dependent on length of occupancy.

A displaced person's eligibility for payment of moving and related expenses is not affected by the length of time that he occupied the real property from which he is displaced.

§ 4.115 Payment limited to one move; exception.

(a) Except as provided by paragraph (b) of this section, payment of a displaced person's moving and related expenses may not be made for more than one move in connection with a particular project.

(b) If the Administrator considers it to be in the public interest he may authorize payment of a displaced person's moving and related expenses for additional moves.

§ 4.117 Family treated as person.

For the purpose of this subpart, the term "person" includes two or more individuals living together in the same dwelling as a single family unit and who are related to each other by blood, marriage, adoption, or legal guardianship. § 4.119 Noneligibility notice to rental occupants required.

If an agency rents out real property acquired in connection with a project to which this part applies, it shall notify the tenant and State in the rental agreement that the tenant will not be eligible for payment of displacement, moving, and related expenses under this subpart. § 4.121 Moving expenses; application and payment.

(a) Upon application by a displaced person for payment of moving and related expenses, the displacing agency shall

(1) Pay those expenses in accordance with this subpart; or

(2) If the applicant elects to receive it, pay him a fixed allowance in accordance with Subpart F of this part.

(b) The application shall be in writing and filed with the displacing agency no later than 1 year after either the date of acquisition of the dwelling by the agency or the date the applicant vacated the dwelling, whichever is later. The application shall include an itemization of

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

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

(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—

(1) 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.

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 10t 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 replacement business or farm operation.

(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 farm operation, but not more than $10 per hour; and

(4) If the displacing agency considers it desirable, the cost of a broker or realtor to locate a replacement site.

(b) A displaced person who conducts an advertising business described in § 4.129, is entitled to not more than $100, or if the displacing agency considers it justified under the circumstances not more than $500, for actual reasonable expenses in searching for a replacement outdoor advertising display site.

Subpart F-Fixed Allowance in Lieu of Moving and Related Expenses § 4.151

Scope.

This subpart prescribes the requirements governing payment of dislocation and moving expense allowances to displaced persons who are eligible for payment of their actual moving and related expenses under Subpart E of this part, but elect to receive a fixed allowance in lieu thereof.

§ 4.153 Schedule of moving expense allowances; occupants of dwellings.

The displacing agency shall establish (or obtain) and maintain a schedule of moving expense allowances applicable to persons displaced from dwellings by projects to which this part applies, based on current moving costs in the project's locality. The allowance for any individual or displaced person may not exceed $300. § 4.155 Dislocation and moving expense

allowances; occupants of dwellings. A person displaced from a dwelling who elects to receive fixed dislocation and moving expense allowances in lieu of payment of actual moving and related expenses is entitled to

(a) A dislocation allowance of $200; and

(b) The applicable moving expense allowance specified in the schedule of moving expense allowances maintained under § 4.153 for the locality concerned. § 4.156 Family treated as person.

For the purpose of this subpart, the term "person" includes two or more individuals who are living together in the same dwelling, as a single family unit and who are related to each other by blood, marriage, adoption, or legal guardianship.

§ 4.157 Application and payment.

Application and payment procedures under this subpart shall be as stated in § 4.121, except that a person electing to be paid under this subpart need not file an itemization of expenses of moving. §4.159 Fixed allowance; businesses.

A displaced person who conducts a business and elects to receive a fixed allowance in lieu of actual moving and related expenses is entitled to a fixed amount equal to the average annual net income of the business, computed in accordance with § 4.163, but not less than $2,500 or more than $10,000, if that busi

ness

(a) Substantially contributes to the income of the displaced person;

(b) Cannot, in the opinion of the displacing agency, be relocated without substantial loss of existing patronage taking into consideration

(1) The type of the business;

(2) The nature of its clientele; and (3) The relative importance of the displacement and proposed relocation sites to the business; and

(c) Is not part of a commercial enterprise having at least one other establishment engaged in the same or similar business which is not being acquired by a State agency or the United States. § 4.161 Fixed allowance; farm opera

tion.

(a) A displaced person who conducts a farm operation and elects to receive a fixed allowance in lieu of actual moving and related expenses is entitled to a fixed amount equal to the average annual net income of the farm operation, computed in accordance with § 4.163, but not less than $2,500 or more than $10,000.

(b) In the case of a partial acquisition and displacement of a farm operation, the fixed allowance described in paragraph (a) of this section may be paid only if the displacing agency finds that

(1) The displaced activity was a farm operation before the acquisition of the displacement site; and

(2) The property remaining after acquisition is not an economic unit. § 4.163 Computing average annual net income; businesses and farm operations.

(a) For the purposes of this subpart, the average annual net income of a business or farm operation is its average annual net earnings before Federal, State,

and local income taxes during the 2 tax years immediately preceding the tax year in which it is displaced. Net earnings include compensation obtained from the business or farm operation by its owner, his spouse, or dependents, or in the case of a corporate owner, by the holder of a majority of the common stock, his spouse, or dependents.

(b) For the purpose of determining majority ownership, stock held by an individual, his spouse, and his dependents shall be treated as a unit.

(c) If the displacing agency finds that the 2 tax years immediately preceding displacement are not representative, or if the business or farm operation has not been in operation that long, it may, with the concurrence of the Administrator, prescribe some other time period for computing average annual net income.

(d) If a displaced person who conducts a business or farm operation elects to receive a fixed payment under this subpart, he shall provide proof of his earnings from the business or farm operation to the displacing agency. Proof of earnings may be established by income tax returns, certified financial statements, or other similar evidence. Subpart G-Replacement Housing Payments

§ 4.171 Scope.

This subpart prescribes the requirements governing payment for replacement housing for individuals and families displaced by projects which are part of a Federal or federally assisted program administered by the Environmental Protection Agency.

§ 4.173

Purchase of a decent, safe, and sanitary dwelling.

A displaced tenant or homeowner "purchases" a dwelling within the meaning of this subpart when he

(a) Acquires an existing dwelling; (b) Rehabilitates a substandard dwelling which he owns or acquires;

(c) Relocates a dwelling which he owns or acquires;

(d) Relocates and rehabilitates a substandard dwelling which he owns or acquires;

(e) Constructs a new dwelling on a site which he owns or acquires;

(f) Contracts to purchase a dwelling on a site provided by a builder; or

(g) Contracts for the construction of a dwelling on a site provided by a builder or on a site which he owns or acquires.

§ 4.175 Occupancy.

(a) A displaced tenant or homeowner "occupies" a dwelling within the meaning of this subpart only if the dwelling is his permanent place of residence.

(b) If a tenant or homeowner contracts for the construction or rehabilitation of a replacement dwelling, and for reasons not within his control the construction or rehabilitation is delayed beyond the date occupancy is required, the displacing agency may extend the period of eligibility for a replacement housing payment until the tenant or homeowner occupies the replacement dwelling. § 4.177 Inspection of replacement dwelling required.

(a) Before making a replacement housing payment to a displaced homeowner or tenant, or releasing a payment from escrow, as the case may be, the displacing agency shall inspect the replacement dwelling to determine whether or not it meets the criteria for decent, safe, and sanitary dwellings. The displacing agency may use the services of any public agency ordinarily engaged in housing inspection to conduct the inspection required by this section.

(b) A determination by the displacing agency that a dwelling meets the criteria for decent, safe, and sanitary housing is solely for the purpose of this subpart and is not a representation for any other purpose.

§ 4.179 Application and payment.

(a) Upon application by a displaced homeowner or tenant who meets the requirements of this subpart for a replacement housing payment, the displacing agency shall

(1) If he has purchased or rented, and occupied a decent, safe, and sanitary dwelling, make the payment directly to him, or, at his option, to the seller or lessor of the decent, safe, and sanitary dwelling; or

(2) If he has purchased or rented, but not yet occupied a decent, safe, and sanitary dwelling, upon his request make the payment into an escrow account.

(b) The application shall be in writing and filed with the displacing agency within 18 months after the date the applicant was required to vacate an acquired dwelling or 6 months after final adjudication of a condemnation proceeding, whichever is later.