REPLACEMENT HOUSING PAYMENTS
Replacement Housing Benefits can be better understood if you become familiar with the definition of the following terms "Comparable" and "Decent, Safe, and Sanitary".
Comparable A "Comparable" replacement means that your present dwelling and replacement dwelling are functionally equivalent. A comparable replacement dwelling must be decent, safe and sanitary, and functionally equivalent to your present dwelling. While not necessarily identical to your present dwelling, a comparable replacement dwelling should be capable of contributing to a comparable style of living and should contain amenities similar to those found in the dwelling from which you are being displaced. In addition, a comparable replacement dwelling should be: 1.) Adequate in size to accommodate the occupants. (e.g. you and your family) 2.) Located in an area that is not subject to unreasonable adverse environmental conditions. 3.) Located in an area that is not less desirable than your present location with respect to public utilities and commercial and public facilities. 4.) Reasonably accessible to your place of employment. 5.) Located on a site that is typical in size for residential development with normal site improvements. 6.) Currently available on the private market. 7.) Within your financial means. If you are a tenant and the portion of the monthly rent and utility costs you must continue to pay for a replacement dwelling unit, after receiving a rental assistance payment, does not exceed the monthly rent and utility costs that you paid for the displacement dwelling unit, or, if your portion of the payment for the replacement unit does not exceed 30% of your gross household monthly income, the replacement unit is considered to be within your financial means. If you are a homeowner and you have received a purchase supplement, and any additional amount that might be required under Housing of Last Resort. Decent, Safe And Sanitary* Replacement housing must be Decent, Safe, and Sanitary...which means it meets all of the minimum requirements established by Federal regulations and conforms to applicable housing and occupancy codes. The dwelling shall: 1.) Be structurally sound, weathertight, and in good repair 2.) Contain a safe electrical wiring system adequate for lighting and electrical appliances. 3.) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) except in those areas where local climatic conditions do not require such a system. 4.) Be adequate in size with respect to the number of rooms and area of living space to accommodate the displaced person(s). 5.) Contain a well-lighted and ventilated bathroom providing privacy to the user and containing a sink, bathtub or shower stall, and a toilet, all in good working order and property connected to appropriate sources of water and sewage drainage system. 6.) Contain a kitchen area with a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, with adequate space and utility connections for a stove and refrigerator. 7.) Have unobstructed egress to safe, open space at ground level. 8.) Be free of any barriers which prevent reasonable ingress, egress, or use of the dwelling in the case of a handicapped displaced person. *Decent, safe and sanitary is frequently abbreviated as DSS and will be so referenced for the remainder of this article. Replacement Housing Payments
Replacement Housing Payments Are Separated Into Three Basic Types: 1.) Purchase Supplement:  For owner occupants of 180 days or more. 2.) Rental Assistance: For owner occupants and tenants of 90 days or more. 3.) Downpayment:  For owner occupants of 90 to 179 days and tenants of 90 days or more. The type of payment depends on whether you are an owner or a tenant, and how long you have lived in the property being acquired prior to negotiations. The Two Basic Occupancy Time Periods and What You Are Entitled To: There are two basic length-of-occupancy requirements which determine the type of replacement housing payment you are entitled to. Length-of-occupancy simply means counting the number of days that you occupied the dwelling before the date of initiation of negotiations by the acquiring agency for the purchase of the property. The term "initiation of negotiations" means the date the acquiring agency makes the first personal contact with the owner of real property, or his/her representative, to provide a written offer for the property to be acquired.
Owners who were in occupancy 180 days or more prior to the initiation of negotiations may be eligible for a purchase supplement up to $22,500 or a rental assistance payment up to $5,250. If you are a tenant who has been in occupancy for 90 days or more prior to the initiation of negotiations, you may be eligible for a rental assistance payment or a downpayment up to $5,250. If you are an owner who has been in occupancy from 90 to 179 days prior to the initiation of negotiations, you may be eligible for a rental assistance payment or a downpayment up to $5,250, however, the downpayment cannot exceed the amount of the payment you would have received if you had been a 180-day owner. If you were in occupancy at the time of the initiation of negotiations, but less than 90 days prior to that date, you will be considered a displaced person entitled to relocation assistance advisory services and moving payments. You may also be entitled to a rental assistance payment if comparable replacement rental housing is not available at a monthly rental rate of 30% or less of your gross monthly household income. If you are required to pay rent and utilities in excess of 30% for a comparable replacement dwelling unit, you may be eligible for a rental assistance payment under Housing of Last Resort because comparable replacement housing is not available within your financial means. If you do not meet the length-of-occupancy requirements you should meet with your relocation counselor for an explanation of the relocation benefits that you may be eligible to receive. Next |