Page:United States Statutes at Large Volume 101 Part 3.djvu/630

 101 STAT. 1928 Grants. f"? w;^

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Claims.

PUBLIC LAW 100-242—FEB. 5, 1988

"(d)(1) A grant under section 106 or 119 may be made only if the grantee certifies that it is following a residential antidisplacement and relocation assistance plan. A grantee receiving a grant under section 106(a) or section 119 shall so certify to the Secretary. A grantee receiving a grant under section 106(d) shall so certify to the State. "(2) The residential antidisplacement and relocation assistance plan shall in connection with a development project assisted under section 106 or 119— "(A) in the event of such displacement, provide that— -' "(i) governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could ii have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or /converted to a use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with project based assistance provided under section 8 of the 5 United States Housing Act of 1937; "(ii) such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; "(iii) relocation benefits shall be provided for all low or '' moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other moving-related expenses, including any interim living ^ costs; and in the case of displaced persons of low and moderate income, provide either— "(I) compensation sufficient to ensure that, for a 5year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or "(II) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association; "(iv) persons displaced shall be relocated into comparable

replacement housing that is— '. f • "(I) decent, safe, and sanitary; "(II) adequate in size to accommodate the occupants; "(III) functionally equivalent; and iJ^ d'- *•. "(IV) in an area not subject to unreasonably adverse ':*r '•> environmental conditions; "(B) provide that persons displaced shall have the right to elect, as an alternative to the benefits under this subsection, to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) if such persons determine that it is in their best interest to do so; and "(C) provide that where a claim for assistance under subparagraph (A)(iv) is denied by a grantee, the claimant may appeal to V the Secretary in the case of a grant under section 106 or 119 or to the appropriate State official in the case of a grant under

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