§ 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 § 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 § 570.302; of an application for assistance pursuant to §§ 570.426, 570.430, or 570.465 that is thereafter approved; or an application for loan assistance under § 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 § 570.3 of this title, or a “low-income family” as that term is defined in § 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.