Displaced person Sample Clauses
The 'Displaced person' clause defines who qualifies as a displaced person under the terms of an agreement or policy, typically in the context of displacement due to conflict, disaster, or development projects. This clause outlines the criteria for identifying individuals or groups who have been forced to leave their homes or places of habitual residence, such as those affected by government land acquisition or natural calamities. Its core function is to ensure that the rights, protections, and entitlements provided by the agreement are clearly extended to those who have been involuntarily relocated, thereby preventing ambiguity and ensuring fair treatment.
Displaced person. For purposes of paragraph (b) of this section, the term “ displaced person ” means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made:
Displaced person. (i) For purposes of this paragraph (c), the term ‘‘dis- placed person’’ means a person (family individual, business, nonprofit organi- zation, or farm, including any corpora- tion, partnership or association) that moves from real property or moves per- ▇▇▇▇▇ property from real property, per- manently, as a direct result of acquisi- tion, rehabilitation, or demolition for a project assisted with HTF funds. This includes any permanent, involuntary move for an assisted project, including any permanent move from the real property that is made:
(A) After notice by the owner to move permanently from the property, if the move occurs on or after:
(1) The date of the submission of an application to the grantee or HUD, if the applicant has site control and the application is later approved; or
(2) The date the grantee approves the applicable site, if the applicant does not have site control at the time of the application; or
(B) Before the date described in para- graph (c)(2)(i)(A) of this section, if the grantee or HUD determines that the displacement resulted directly from ac- quisition, rehabilitation, or demolition for the project; or
(C) By a tenant-occupant of a dwell- ing unit, if any one of the following three situations occurs:
(1) The tenant moves after execution of the agreement covering the acquisi- tion, rehabilitation, or demolition and the move occurs before the tenant is provided written notice offering the tenant the opportunity to lease and oc- cupy a suitable, decent, safe, and sani- tary dwelling in the same building/ complex upon completion of the project under reasonable terms and conditions. Such reasonable terms and conditions must include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of:
(i) The tenant’s monthly rent before such agreement and estimated average monthly utility costs; or
(ii) The total tenant payment, as de- termined under 24 CFR 5.628, if the ten- ant is low-income, or 30 percent of gross household income, if the tenant is not low-income;
(2) The tenant is required to relocate temporarily, does not return to the building/complex, and either:
(i) The tenant is not offered payment for all reasonable out-of-pocket ex- penses incurred in connection with the temporary relocation; or
(ii) Other conditions of the temporary relocation are not reasonable; or
(3) The tenant is required to move to another dwelling unit in the same building/complex but is not offe...
Displaced person. (i) For purposes of paragraph (c) of this section, the term displaced person means a person (family individual, business, nonprofit organization, or farm, including any corporation, partnership or association) that moves from real property or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, or demolition for a project assisted with HOME funds. This includes any permanent, involuntary move for an assisted project, including any permanent move from the real property that is made:
(A) After notice by the owner to move permanently from the property, if the move occurs on or after:
(1) The date of the submission of an application to the participating jurisdiction or HUD, if the applicant has site control and the application is later approved; or
(2) The date the jurisdiction approves the applicable site, if the applicant does not have site control at the time of the application; or
(B) Before the date described in paragraph (c)(2)(i)(A) of this section, if the jurisdiction or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the project; or
(C) By a tenant-occupant of a dwelling unit, if any one of the following three situations occurs:
(1) The tenant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition and the move occurs before the tenant is provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe, and sanitary dwelling in the same building/complex upon completion of the project under reasonable terms and conditions. Such reasonable terms and conditions must include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of:
(i) The tenant's monthly rent before such agreement and estimated average monthly utility costs; or
(ii) The total tenant payment, as determined under 24 CFR 5.628, if the tenant is low- income, or 30 percent of gross household income, if the tenant is not low-income;
(2) The tenant is required to relocate temporarily, does not return to the building/complex, and either
(i) The tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation; or
(ii) Other conditions of the temporary relocation are not reasonable; or
(3) The tenant is required to move to another dwelling unit in the same building/complex but is no...
Displaced person. A person displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized under Federal disaster relief laws.
Displaced person. (i) For purposes of paragraph (b) of this section, the term ‘‘displaced person’’ means any per- son (family, individual, business, non- profit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involun- tarily, as a direct result of rehabilita- tion, demolition, or acquisition for an activity assisted under this part. A per- manent, involuntary move for an as- sisted activity includes a permanent move from real property that is made:
(A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial offi- cial submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted.
(B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity.
(C) Before the date described in para- graph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the dis- placement directly resulted from ac-