[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.

-----------------------------------------------------------------------

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