Common use of Displaced person Clause in Contracts

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 offered re- imbursement for all reasonable out-of-