49 C.F.R. § 24.204

Availability of comparable replacement dwelling before displacement

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(a) General. No person to be permanently displaced shall be required to move from his or her dwelling unless at least one comparable replacement dwelling (defined at § 24.2(a)) has been made available to the person. Information on comparable replacement dwellings that were used in the determination process must be provided to permanently displaced persons. When possible, three or more comparable replacement dwellings shall be made available. A comparable replacement dwelling will be considered to have been made available to a person, if:

(1) The person is informed in writing of its location;

(2) The person has sufficient time to negotiate and enter into a purchase or lease agreement for the property; and

(3) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.

(b) Circumstances permitting waiver. The Federal agency funding the project may grant a waiver of the requirement in paragraph (a) of this section in any case where it is demonstrated that a person must move because of:

(1) A major disaster as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5122);

(2) A presidentially declared national emergency; or

(3) Another emergency which requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.

(c) Basic conditions of emergency move. Whenever a person to be displaced is required to move from the displacement dwelling for a temporary period because of an emergency as described in paragraph (b) of this section, the agency shall:

(1) Take whatever steps are necessary to assure that the person who is required to move from their dwelling is relocated to a DSS dwelling;

(2) Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the emergency move; and

(3) Make available to the displaced person as soon as feasible, at least one comparable replacement dwelling. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment; the date of displacement is the date the person moves from their dwelling due to the emergency.)

Notes of Decisions

Cited in 2 cases, 2001–2004 · leading case: Price v. City of Stockton, 390 F.3d 1105 (9th Cir. 2004).

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Price v. City of Stockton, 390 F.3d 1105 (9th Cir. 2004). “350 (a) (defining the assistance available under section 104(d) as including advisory services “at the levels described in 49 CFR part 24”); 49 C.F.R. § 24.204 (“No person to be displaced shall be required to move from his or her dwelling unless at least one comparable…”

Darst-Webbe Tenant Ass'n v. Saint Louis Hous., 202 F. Supp. 2d 938 (E.D. Mo. 2001). “§ 4625 (c), 49 C.F.R. §§ 24.204 , 24.205, and § 1983 by failing to adequately assess the needs and preferences of the displaced households, failing to give them reasonable opportunities to relocate to decent, safe, and sanitary dwellings not located in areas of African-American…”

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