[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Rules and Regulations]
[Pages 51756-51760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25401]
[[Page 51755]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 42, et al.
Displacement, Relocation Assistance, and Real Property Acquisition for
HUD and HUD-Assisted Programs: Streamlining; Final Rule
Federal Register / Vol. 61, No. 193 / Thursday, October 3, 1996 /
Rules and Regulations
[[Page 51756]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 42, 91, 92, 570
[Docket No. FR-3982-F-01]
RIN 2501-AC11
Displacement, Relocation Assistance, and Real Property
Acquisition for HUD and HUD-Assisted Programs; Streamlining Rule
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends HUD's regulations implementing section
104(d) of the Housing and Community Development Act of 1974, including
residential antidisplacement and relocation assistance plans, one-for-
one replacement requirements, and relocation benefits. In an effort to
comply with the President's regulatory reform initiatives, this rule
will streamline those regulations by consolidating them into one part.
This final rule will make the regulations clearer and more concise.
EFFECTIVE DATE: November 4, 1996.
FOR FURTHER INFORMATION CONTACT: Janice Petty, Relocation Specialist,
Relocation and Real Estate Division, Room 7168, Department of Housing
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410,
telephone number (202) 708-1367 (this is not a toll-free number). For
hearing- and speech-impaired persons, this number may be accessed via
TTY by calling the Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton issued a
memorandum to all Federal departments and agencies regarding regulatory
reinvention. In response to this memorandum, HUD conducted a page-by-
page review of its regulations to determine which can be eliminated,
consolidated, or otherwise improved.
This revised part 42 implements section 104(d) of the Housing and
Community Development Act of 1974 (HCD Act of 1974) (42 U.S.C.
5304(d)(4)), which sets forth requirements governing conversion,
demolition, and one-for-one replacement of units removed from the
housing stock. Section 104(d) requires residential antidisplacement and
relocation assistance plans (RARAPs) for State and local governments
receiving funds under the Community Development Block Grant (CDBG) and
Urban Development Action Grant (UDAG) programs. This requirement was
extended to the HOME Investment Partnerships (HOME) program by section
105(b)(14) of the Cranston-Gonzalez National Affordable Housing Act
(NAHA) (42 U.S.C. 12705(b)(14)). In streamlining these requirements,
this final rule also implements the restrictions in 42 U.S.C. 3537c on
lump-sum payments for relocation assistance.
On July 1, 1994 (59 FR 34300), HUD published a proposed rule that
would have created a new part 43 to replace the current requirements in
Secs. 92.353(e) and 570.606(c) of title 24. Consistent with its
reinvention objectives, HUD is adding the section 104(d) requirements
to part 42, rather than creating a detailed new part 43. In doing so,
it is retaining some of the current language of part 570. As a result,
part 42 will make clear the distinction between the generally
applicable requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)
(Uniform Relocation Act or URA) and the more targeted requirements of
section 104(d) of the HCD Act of 1974 (Section 104(d)).
Proposed Rule
Some existing section 104(d) requirements established for the CDBG
programs do not work well in the HOME Program. The July 1, 1994, rule
proposed section 104(d) policies that would be better tailored to both
HOME and CDBG Program policy needs, providing consistent and workable
policies for both programs in the same regulation. Such consistency is
essential because CDBG and HOME funds may be used in the same project.
Portions of the proposed rule necessary to achieve that objective have
been incorporated in this final rule. Other parts of the proposed rule,
however, are unnecessarily lengthy, complex, or prescriptive. Since
adoption of these portions would be inconsistent with HUD's
streamlining objectives, HUD has not included them in the final rule.
Two organizations and three other persons submitted comments in
response to the proposed rule. Commenters have asked why it is
necessary to have a RARAP when there would be no displacement resulting
from the project. Section 104(d) of the HCD Act of 1974 states that a
grant for a CDBG program ``may be made only if the grantee certifies
that it is following'' a RARAP. While HUD cannot bypass this statutory
requirement, an acceptable ``plan'' for such circumstances need not be
elaborate. Since the RARAP does not need to be revised or readopted
annually, but only when the recipient's program necessitates, this
requirement should not impose any major burden on program participants.
Overnight Homeless Shelters and Other Public Facilities
``Conversion'' (defined in the final rule) is one of the two
actions that triggers the requirements of section 104(d). In the past,
HUD had stated that a change of lower-income housing into an overnight
emergency shelter constituted ``conversion,'' even if the market rent
of the shelter housing, upon completion of the project, did not exceed
the Section 8 Fair Market Rent (FMR). Questions were raised about the
policy applicable to changing lower-income housing into nursing homes,
battered spouse shelters, halfway houses, group homes, and transitional
housing. The July 1, 1994, proposed rule stated, ``The Department has
concluded that such facilities and emergency overnight shelters may
contribute to the supply of available lower income housing, and
changing conventional housing into such a use does not necessarily
trigger a replacement requirement. * * * In other words, the Department
would consider the physical structure, rather than whether the tenants
are permitted to remain for only a temporary period of time and must
vacate to permit use by other tenants.''
In response to public comments, and upon further consideration of
the issue, HUD has revised its position. It is HUD's determination that
housing that is changed to an emergency shelter, whether it serves
homeless persons, battered spouses, or others, is indeed a
``conversion'' of lower-income housing. Changing lower-income housing
into nursing homes, halfway houses, group homes and transitional
housing, or other forms of permanent or transitional housing, does not
constitute a ``conversion'' and, thus, does not trigger a replacement
requirement. Accordingly, the final rule revises the definition of
conversion at Sec. 42.305(b)(2) to include alteration of a housing unit
to be used for an emergency shelter.
Removal of Dilapidated Housing
CDBG recipients had been required to replace vacant, dilapidated
housing that is not suitable for rehabilitation if the unit was
occupied at any time within the period beginning 1 year before the
execution of the contract covering the demolition. The proposed rule
reduced the 12-month period to 3 months. Two commenters agreed with the
proposal. One opposed it, stating that the change was an evasion of the
one-for-one housing replacement requirement.
[[Page 51757]]
HUD disagrees with the latter comment and remains concerned that
the old 1-year rule has had the effect of unduly delaying the
demolition of run-down vacant buildings that are a danger to public
health and safety. Moreover, the removal of vacant, dilapidated housing
that is clearly not occupiable does not effectively diminish the
available supply of lower-income housing. Therefore, the final rule
definition of ``vacant occupiable dwelling unit'' at Sec. 42.305 adopts
the 3-month policy set out in the proposed rule.
Other Matters
Executive Order 12866
The Office of Management and Budget reviewed this final rule under
Executive Order 12866, Regulatory Planning and Review. Any changes made
to the rule as a result of that review are clearly identified in the
docket file, which is available for public inspection at the Office of
the Rules Docket Clerk, Office of General Counsel, Room 10276,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410-0500.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines and consolidates existing requirements, thereby providing
consistency in affected programs. The rule will have no adverse or
disproportionate economic impact on small businesses.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
was made in accordance with HUD regulations in 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332). This Finding is available for public inspection
between 7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules
Docket Clerk, Office of General Counsel, Room 10276, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal Government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects
24 CFR Part 42
Administrative practice and procedure, Grant programs, Loan
programs, Manufactured homes, Real property acquisition, Relocation
assistance, Reporting and recordkeeping requirements.
24 CFR Part 91
Aged, Grant programs--housing and community development, Homeless,
Individuals with disabilities, Low and moderate income housing,
Reporting and recordkeeping requirements.
24 CFR Part 92
Administrative practice and procedure, Grant programs--housing and
community development, Grant programs--Indians, Indians, Low and
moderate income housing, Manufactured homes, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan
programs--housing and community development, Low and moderate income
housing, New communities, Northern Mariana Islands, Pacific Islands
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and
recordkeeping requirements, Small cities, Student aid, Virgin Islands.
Accordingly, part 42 of title 24 of the Code of Federal Regulations
is revised in its entirety, and parts 91, 92, and 570 are amended as
follows:
PART 42--DISPLACEMENT, RELOCATION ASSISTANCE, AND REAL PROPERTY
ACQUISITION FOR HUD AND HUD-ASSISTED PROGRAMS
1. Part 42 is revised to read as follows:
Subpart A--General
Sec.
42.1 Applicable rules.
Subpart B--[Reserved]
Subpart C--Requirements Under Section 104(d) of Housing and Community
Development Act of 1974
42.301 Applicability.
42.305 Definitions.
42.325 Residential antidisplacement and relocation assistance plan.
42.350 Relocation assistance for displaced persons.
42.375 One-for-one replacement of lower-income dwelling units.
42.390 Appeals.
Authority: 42 U.S.C. 3535(d), 4601, 5304, and 12705(b).
Subpart A--General
Sec. 42.1 Applicable rules.
(a) URA. HUD-assisted programs and projects are subject to the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. 4601 (URA) (42 U.S.C. 4601), and implementing
regulations issued by the Department of Transportation at 49 CFR part
24.
(b) Section 104(d). In addition to the URA, the Community
Development Block Grant (CDBG), Urban Development Action Grant (UDAG),
and HOME Investment Partnerships (HOME) programs are also subject to
section 104(d) of the Housing and Community Development Act of 1974 (42
U.S.C. 5304(d)). The provisions applicable to these programs are set
out in subpart C of this part.
(c) Additional requirements. Applicable program regulations may
contain additional relocation provisions.
Subpart B--[Reserved]
Subpart C--Requirements Under Section 104(d) of Housing and
Community Development Act of 1974
Sec. 42.301 Applicability.
This subpart applies only to CDBG grants under 24 CFR part 570,
subparts D, F, and I (Entitlement grants, HUD-Administered Small
Cities, and State programs); grants under 24 CFR part 570, subpart G
(Urban Development Action Grants), and Loan Guarantees under 24 CFR
part 570, subpart M; and assistance to State and local governments
under 24 CFR part 92 (HOME program).
[[Page 51758]]
Sec. 42.305 Definitions.
The terms Fair Market Rent (FMR), HUD, Section 8, and Uniform
Relocation Act (URA) are defined in part 5 of this title. Otherwise, as
used in this subpart:
Comparable replacement dwelling unit means a dwelling unit that:
(1) Meets the criteria of 49 CFR 24.2(d)(1) through (6); and
(2) Is available at a monthly cost for rent plus estimated average
monthly utility costs that does not exceed the ``Total Tenant Payment''
determined under Sec. 813.107 of this title, after taking into account
any rental assistance the household would receive.
Conversion. (1) This term means altering a housing unit so that it
is:
(i) Used for nonhousing purposes;
(ii) Used for housing purposes, but no longer meets the definition
of lower-income dwelling unit; or
(iii) Used as an emergency shelter.
(2) A housing unit that continues to be used for housing after
completion of the project is not considered a ``conversion'' if, upon
completion of the project, the unit is owned and occupied by a person
who owned and occupied the unit before the project.
Displaced person means a lower-income person who, in connection
with an activity assisted under any program subject to this subpart,
permanently moves from real property or permanently moves personal
property from real property as a direct result of the demolition or
conversion of a lower-income dwelling. For purposes of this definition,
a permanent move includes a move made permanently and:
(1) After notice by the grantee to move from the property following
initial submission to HUD of the consolidated plan required of
entitlement grantees pursuant to Sec. 570.302; of an application for
assistance pursuant to Secs. 570.426, 570.430, or 570.465 that is
thereafter approved; or an application for loan assistance under
Sec. 570.701 that is thereafter approved;
(2) After notice by the property owner to move from the property,
following the submission of a request for financial assistance by the
property owner (or other person in control of the site) that is
thereafter approved; or
(3) Before the dates described in this definition, if HUD or the
grantee determine that the displacement was a direct result of
conversion or demolition in connection with an activity subject to this
subpart for which financial assistance has been requested and is
thereafter approved.
HCD Act of 1974 means the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
Lower-income dwelling unit means a dwelling unit with a market rent
(including utility costs) that does not exceed the applicable Fair
Market Rent (FMR) for existing housing established under 24 CFR part
888.
Lower-income person means, as appropriate, a ``low and moderate
income person'' as that term is defined in Sec. 570.3 of this title, or
a ``low-income family'' as that term is defined in Sec. 92.2 of this
title.
Recipient means CDBG grantee, UDAG grantee, or the HOME
participating jurisdiction.
Standard condition and substandard condition suitable for
rehabilitation have the meaning the recipient has established for those
terms in its HUD-approved consolidated plan pursuant to 24 CFR part 91.
In the case of a unit of general local government funded by a State,
either the State's definitions for those terms or the definitions
adopted by the unit of general local government for this purpose shall
apply.
Vacant occupiable dwelling unit means a vacant dwelling unit that
is in a standard condition; a vacant dwelling unit that is in a
substandard condition, but is suitable for rehabilitation; or a
dwelling unit in any condition that has been occupied (except by a
squatter) at any time within the period beginning 3 months before the
date of execution of the agreement by the recipient covering the
rehabilitation or demolition.
Sec. 42.325 Residential antidisplacement and relocation assistance
plan.
(a) Certification. (1) As part of its consolidated plan under 24
CFR part 91, the recipient must certify that it has in effect and is
following a residential antidisplacement and relocation assistance
plan.
(2) A unit of general local government receiving funds from the
State must certify to the State that it has in effect and is following
a residential antidisplacement and relocation assistance plan, and that
it will minimize displacement of persons as a result of assisted
activities. The State may require the unit of general local government
to follow the State's plan or permit it to develop its own plan. A unit
of general local government that develops its own plan must adopt the
plan and make it public.
(b) Plan contents. (1) The plan shall indicate the steps that will
be taken consistent with other goals and objectives of the program, as
provided in parts 92 and 570 of this title, to minimize the
displacement of families and individuals from their homes and
neighborhoods as a result of any assisted activities.
(2) The plan shall provide for relocation assistance in accordance
with Sec. 42.350.
(3) The plan shall provide one-for-one replacement units to the
extent required by Sec. 42.375.
Sec. 42.350 Relocation assistance for displaced persons.
A displaced person may choose to receive either assistance under
the URA and implementing regulations at 49 CFR part 24 or assistance
under section 104(d) of the HCD Act of 1974, including:
(a) Advisory services. Advisory services at the levels described in
49 CFR part 24. A displaced person must be advised of his or her rights
under the Fair Housing Act (42 U.S.C. 3601-19). If the comparable
replacement dwelling to be provided to a minority person is located in
an area of minority concentration, as defined in the recipient's
consolidated plan, if applicable, the minority person must also be
given, if possible, referrals to comparable and suitable decent, safe,
and sanitary replacement dwellings not located in such areas.
(b) Moving expenses. Payment for moving expenses at the levels
described in 49 CFR part 24.
(c) Security deposits and credit checks. The reasonable and
necessary cost of any security deposit required to rent the replacement
dwelling unit, and for credit checks required to rent or purchase the
replacement dwelling unit.
(d) Interim living costs. The recipient shall reimburse a person
for actual reasonable out-of-pocket costs incurred in connection with a
displacement, including moving expenses and increased housing costs,
if:
(1) The person must relocate temporarily because continued
occupancy of the dwelling unit constitutes a substantial danger to the
health or safety of the person or the public; or
(2) The person is displaced from a ``lower-income dwelling unit,''
none of the comparable replacement dwelling units to which the person
has been referred qualifies as a lower-income dwelling unit, and a
suitable lower-income dwelling unit is scheduled to become available in
accordance with Sec. 42.375.
(e) Replacement housing assistance. Persons are eligible to receive
one of the following two forms of replacement housing assistance:
(1) Each person must be offered rental assistance equal to 60 times
the amount necessary to reduce the monthly rent and estimated average
monthly cost of utilities for a replacement dwelling
[[Page 51759]]
(comparable replacement dwelling or decent, safe, and sanitary
replacement dwelling to which the person relocates, whichever costs
less) to the ``Total Tenant Payment,'' as determined under part 813 of
this title. All or a portion of this assistance may be offered through
a certificate or voucher for rental assistance (if available) provided
under Section 8. If a Section 8 certificate or voucher is provided to a
person, the recipient must provide referrals to comparable replacement
dwelling units where the owner is willing to participate in the Section
8 Tenant-Based Assistance Existing Housing Program (see part 982 of
this title). When provided, cash assistance will generally be in
installments, in accordance with 42 U.S.C. 3537c; or
(2) If the person purchases an interest in a housing cooperative or
mutual housing association and occupies a decent, safe, and sanitary
dwelling in the cooperative or association, the person may elect to
receive a payment equal to the capitalized value of 60 times the amount
that is obtained by subtracting the ``Total Tenant Payment,'' as
determined under part 813 of this title, from the monthly rent and
estimated average monthly cost of utilities at a comparable replacement
dwelling unit. To compute the capitalized value, the installments shall
be discounted at the rate of interest paid on passbook savings deposits
by a federally insured financial institution conducting business within
the recipient's jurisdiction. To the extent necessary to minimize
hardship to the household, the recipient shall, subject to appropriate
safeguards, issue a payment in advance of the purchase of the interest
in the housing cooperative or mutual housing association.
Sec. 42.375 One-for-one replacement of lower-income dwelling units.
(a) Units that must be replaced. All occupied and vacant occupiable
lower-income dwelling units that are demolished or converted to a use
other than as lower-income dwelling units in connection with an
assisted activity must be replaced with comparable lower-income
dwelling units.
(b) Acceptable replacement units. Replacement lower-income dwelling
units may be provided by any government agency or private developer and
must meet the following requirements:
(1) The units must be located within the recipient's jurisdiction.
To the extent feasible and consistent with other statutory priorities,
the units shall be located within the same neighborhood as the units
replaced.
(2) The units must be sufficient in number and size to house no
fewer than the number of occupants who could have been housed in the
units that are demolished or converted. The number of occupants who
could have been housed in units shall be determined in accordance with
applicable local housing occupancy codes. The recipient may not replace
those units with smaller units (e.g., a 2-bedroom unit with two 1-
bedroom units), unless the recipient has provided the information
required under paragraph (c)(7) of this section.
(3) The units must be provided in standard condition. Replacement
lower-income dwelling units may include units that have been raised to
standard from substandard condition if:
(i) No person was displaced from the unit (see definition of
``displaced person'' in Sec. 42.305); and
(ii) The unit was vacant for at least 3 months before execution of
the agreement between the recipient and the property owner.
(4) The units must initially be made available for occupancy at any
time during the period beginning 1 year before the recipient makes
public the information required under paragraph (d) of this section and
ending 3 years after the commencement of the demolition or
rehabilitation related to the conversion.
(5) The units must be designed to remain lower-income dwelling
units for at least 10 years from the date of initial occupancy.
Replacement lower-income dwelling units may include, but are not
limited to, public housing or existing housing receiving Section 8
project-based assistance.
(c) Preliminary information to be made public. Before the recipient
enters into a contract committing it to provide funds under programs
covered by this subpart for any activity that will directly result in
the demolition of lower-income dwelling units or the conversion of
lower-income dwelling units to another use, the recipient must make
public, and submit in writing to the HUD field office (or State, in the
case of a unit of general local government funded by the State), the
following information:
(1) A description of the proposed assisted activity;
(2) The location on a map and number of dwelling units by size
(number of bedrooms) that will be demolished or converted to a use
other than for lower-income dwelling units as a direct result of the
assisted activity;
(3) A time schedule for the commencement and completion of the
demolition or conversion;
(4) The location on a map and the number of dwelling units by size
(number of bedrooms) that will be provided as replacement dwelling
units. If such data are not available at the time of the general
submission, the submission shall identify the general location on an
area map and the approximate number of dwelling units by size, and
information identifying the specific location and number of dwelling
units by size shall be submitted and disclosed to the public as soon as
it is available;
(5) The source of funding and a time schedule for the provision of
replacement dwelling units;
(6) The basis for concluding that each replacement dwelling unit
will remain a lower-income dwelling unit for at least 10 years from the
date of initial occupancy; and
(7) Information demonstrating that any proposed replacement of
dwelling units with smaller dwelling units (e.g., a 2-bedroom unit with
two 1-bedroom units) is consistent with the needs assessment contained
in its HUD-approved consolidated plan. A unit of general local
government funded by the State that is not required to submit a
consolidated plan to HUD must make public information demonstrating
that the proposed replacement is consistent with the housing needs of
lower-income households in the jurisdiction.
(d) Replacement not required. (1) In accordance with 42 U.S.C.
5304(d)(3), the one-for-one replacement requirement of this section
does not apply to the extent the HUD field office determines, based
upon objective data, that there is an adequate supply of vacant lower-
income dwelling units in standard condition available on a
nondiscriminatory basis within the area.
(2) The recipient must submit directly to the HUD field office the
request for determination that the one-for-one replacement requirement
does not apply. Simultaneously with the submission of the request, the
recipient must make the submission public and inform interested persons
that they have 30 days from the date of submission to provide to HUD
additional information supporting or opposing the request.
(3) A unit of general local government funded by the State must
submit the request for determination under this paragraph to the State.
Simultaneously with the submission of the request, the unit of general
local government must make the submission public and inform interested
persons that they have 30 days from the date of submission to provide
to the State additional information supporting or opposing the request.
If the State, after considering
[[Page 51760]]
the submission and the additional data, agrees with the request, the
State must provide its recommendation with supporting information to
the field office.
Sec. 42.390 Appeals.
A person who disagrees with the recipient's determination
concerning whether the person qualifies as a ``displaced person,'' or
with the amount of relocation assistance for which the person is
eligible, may file a written appeal of that determination with the
recipient. A person who is dissatisfied with the recipient's
determination on his or her appeal may submit a written request for
review of that determination to the HUD field office (or to the State
in the case of a unit of general local government funded by the State).
If the full relief is not granted, the recipient shall advise the
person of his or her right to seek judicial review.
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
2. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
3. Section 91.205 is amended to add a new sentence at the end of
paragraph (b)(1):
Sec. 91.205 Housing and homeless needs assessment.
* * * * *
(b) * * *
(1) * * * (The jurisdiction must define in its consolidated plan
the terms ``standard condition'' and ``substandard condition but
suitable for rehabilitation.'')
* * * * *
4. Section 91.305 is amended to add a new sentence at the end of
paragraph (b)(1):
Sec. 91.305 Housing and homeless needs assessment.
* * * * *
(b) * * *
(1) * * * (The State must define in its consolidated plan the terms
``standard condition'' and ``substandard condition but suitable for
rehabilitation.'')
* * * * *
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
5. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 12701-12839.
6. Section 92.353(e) is revised to read as follows:
Sec. 92.353 Displacement, relocation, and acquisition.
* * * * *
(e) Residential antidisplacement and relocation assistance plan.
The participating jurisdiction shall comply with the requirements of 24
CFR part 42, subpart B.
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
7. The authority citation for part 570 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
8. Section 570.606(c) is revised to read as follows:
Sec. 570.606 Displacement, relocation, acquisition, and replacement of
housing.
* * * * *
(c) Residential antidisplacement and relocation assistance plan.
The grantee shall comply with the requirements of 24 CFR part 42,
subpart B.
Dated: September 23, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-25401 Filed 10-2-96; 8:45 am]
BILLING CODE 4210-32-P
