Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 29 - MULTI-FAMILY MORTGAGE LOANS › Section 346-29-11 - Relocation

Current through 2024-29, July 17, 2024
Developments are subject to the following relocation
				  standards:
A.
Minimizing
				Displacement
. Applicants must take all reasonable steps to minimize the
				displacement of persons from their homes as a result of rehabilitation, change
				of use, or rent increases.
B.
Federally-assisted Developments
. Developers of Developments
				assisted with federal funds shall comply with applicable requirements including
				without limitation: the Uniform Relocation Assistance and Real Property
				Acquisition Act of 1970, as amended, 42 U.S.C. § 4601
et
				seq
., and the Uniform Relocation Assistance and Real Property
				Acquisition Regulations for Federal and Federally Assisted Programs Final Rule,
				49 C.F.R. 24, published March 2, 1989, as amended; § 104(d) of the Housing
				and Community Development Act of 1974, as amended, 42 U.S.C. 5304(d)(4), and
				the Displacement Relocation Assistance, and Real Property Acquisition for HUD
				and HUD-Assisted Program Final Rule, 24 C.F.R. 42, as amended.
C.
MaineHousing Financing
.
				Developers of Developments financed by MaineHousing and not subject to 11.B.
				above shall comply with the following:
i.
Temporary Tenant Relocation
. If tenants are not required to move
				permanently but must relocate temporarily because of rehabilitation to a
				Development, the Applicant shall provide the tenants with (a) reimbursement for
				all reasonable out-of-pocket expenses and increased costs incurred in
				connection with the temporary relocation; and (b) appropriate advisory services
				including reasonable advance notice of the date and approximate duration of the
				temporary relocation; the location of a suitable, decent, safe and sanitary
				dwelling to be made available for the temporary period; the terms and
				conditions under which the tenant may lease and occupy a bed or unit in the
				Development upon completion of the Development; and the provisions for
				reimbursement of expenses and increased costs.
ii.
Displaced Persons
. If an
				individual moves from a property or moves personal property from real property
				permanently and involuntarily as a direct result of a Developer's acquisition,
				relocation, or demolition of such real property financed in whole or in part by
				MaineHousing, the Developer shall do the following:
(1) The Developer shall provide in a form
				satisfactory to MaineHousing initial notices to all tenants. Failure to send
				such notices may cause tenants to be deemed displaced.
(2) The Developer shall send each tenant a
				90-day advanced written notice of the date by which the tenant must move in a
				form satisfactory to MaineHousing.
(3) If the displaced person's income is below
				80% of area median income, the Developer must do the following:
(i) prior to sending the 90-day notice,
				contact the person to be displaced to explain the benefits, ascertain needs,
				and offer transportation for up to 3 available comparable units and
(ii) pay either the tenant's actual
				reasonable out-of-pocket moving and related expenses or a one-time payment
				determined by MaineHousing.
(4) If the displaced person's income is below
				60% of median family income for the area, the Developer shall in addition to
				11.C. ii. (1), (2), and (3) above, make 12 months of replacement housing
				payments to the displaced person. The Developer may make the payments in a lump
				sum or on a monthly basis. The amount of the replacement housing payments is
				the difference between the rent and utilities at either the replacement unit or
				a unit comparable to the vacated unit found by the Developer, whichever is
				less, and the monthly rent and utilities of the vacated unit multiplied by
				12.