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federalUnited StatesSection 221(d)(3) Below Market Interest Ratedisposition_and_transfer

A BMIR owner must minimise displacement and provide URA relocation assistance for rehabilitation or acquisition

bmir.disposition_and_transfer.uniform_relocation_act_displacement · v1.0.0

Consistent with the other goals and objectives of the BMIR program, owners must assure that they have taken all reasonable steps to minimise the displacement of persons as a result of a project assisted under 24 CFR part 221. A residential tenant who is not required to move permanently but must relocate temporarily to permit rehabilitation or other work must be reimbursed for all reasonable out-of-pocket expenses in connection with the temporary relocation, including moving costs to and from the temporary housing, any increase in monthly rent or utility costs and incidental expenses, and must be given appropriate advisory services including reasonable advance written notice of the date and approximate duration of the relocation, the location of the suitable decent safe and sanitary dwelling to be made available, the terms and conditions on which the tenant may lease and occupy a suitable dwelling in the building or complex after the work, and the reimbursement provisions. A displaced person must be provided relocation assistance at the levels described in and in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR part 24, must be advised of Fair Housing Act rights, and where the comparable replacement dwelling used to set the replacement housing payment for a minority person is in an area of minority concentration must if possible be referred to comparable suitable decent safe and sanitary dwellings outside such areas. Acquisition of real property for the project is subject to the URA and 49 CFR part 24 subpart B. A person who disagrees with the owner's determination whether they qualify as a displaced person, or with the amount of assistance, may appeal in writing to the owner and may then seek review by the HUD field office. The owner must certify that it will comply with the URA, 49 CFR part 24 and this section, must ensure compliance notwithstanding any third party's contractual obligation to comply, must maintain records in sufficient detail to demonstrate compliance, and must maintain data on the race, ethnic, gender and disability status of displaced persons.

Confidence
high
Effective from
1994-06-06
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • Owner annual certification to the allocating agency(at_least_one)
  • Executed lease agreement(exactly_one)

Citations

All sources verified within 1 day
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(a), Minimizing displacement
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(b), Temporary relocation
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(c), Relocation assistance for displaced persons
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(e), Appeals
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(f), Responsibility of Owner
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(g)(1)(i), when a tenant who moves becomes a displaced person
    regulationSource ↗verified 1d ago
  • Low Cost and Moderate Income Mortgage Insurance - Savings Clause (Section 221 of the National Housing Act)
    221.795(g)(2)(ii), the notice that prevents displaced-person status
    regulationSource ↗verified 1d ago