Assurance of availability of standard housing

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  • (a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after August 11, 1972, the agency shall assure that, within a reasonable period of time prior to displacement, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings equal in number to the number of and available to displaced persons who require dwellings and reasonably accessible to their places of employment, except that the Governor by regulation may provide for emergencies, hardships, and related exceptions which may be necessary in the administration of the chapter.

  • (b) If a program or project undertaken by a federal agency or with the financial assistance of the United States cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by the use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under applicable laws of the United States on a case-by-case basis for good cause as determined in accordance with such regulations as the United States shall issue.

  • (c) No person shall be required to move from his dwelling on account of any program or project undertaken by a federal agency or with financial assistance of the United States, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person, except in the case of (1) a major disaster as defined in the Disaster Relief Act of 1974, as amended, Section 102(2), (2) a national emergency declared by the President; or (3) any other emergency declared by the Governor, which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person.


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