Section 28 Replacement Housing Payment-Residence for 180 Days Prior

• Library: Condemnation Practice 2009

In addition to the cost of moving and related expenses, as discussed in §§5.24–5.25 above, any “covered person” who is required to move from a residential dwelling that has been actually owned and occupied by the applicant for at least 180 days before the initiation of negotiations for the acquisition of the property may be entitled to an additional replacement housing payment of up to $22,500.49 C.F.R. § 24.401. This payment covers the following items:

• An amount reasonably necessary to be added to the acquisition cost of the owner’s dwelling to enable the displaced person to acquire a comparable replacement dwelling that is decent, safe, and sanitary and functionally equivalent to accommodate the displaced person, is reasonably accessible to public services and places of employment, and is available on the market, §§ 24.401(a) and (b); 24.2(a)(6)

Note: Although the URA provides that the additional payment to cover a replacement dwelling is for the acquisition of a comparable dwelling, the addition of the requirement that the dwelling must be “decent, safe, and sanitary” and adequate to accommodate the displaced person makes it clear that the term “comparable” is more demanding in definition than the same term “comparable” in the condemnation matter. For example, in the condemnation matter, if the residence that is...