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B-148044 1 (1978-08-01)

handle is hein.gao/gaobadggf0001 and id is 1 raw text is: DECISICN3044 FILE: B-148044 -\ THE COMPTROL.LER O5NrtAL .).1 0 THF UNITED STATES VVAS1**INGTON. L. C. VC0ti40 DATE: Auguat 1, 1978 MATTER OF: Maximum replacement housing entitlement of persons displaced from mot-ile homes DIGEST: Person who owns or rents mobile home and who, respectively, rents or owns land on which the mobile home rests and is displaced due to a Federal or federally assisted program so as to be entitled to benefits pursuan. to Uniform Relo- cation Assistance ind Real Property Acquisirion rollies Act of 1970, may not receive benefits under both sections 203 and 204 of that Act. Benefits under section 204 are limited to those displaced persons who are not eligible to receive payment under section 203. The Associate General Counsel for Urbat. Development, Office of General Counsel, Department of Housing and Urban Development (HUD), has requested a decision on whether persons displaced from mobile homes acquired or deeme to be arqu red 5n connection with programs, projects, and activities financi.ally assisted by HUD, may be entiled under certain circu:stances to relocation benefits under both sec- tions 203 and 204 o the Uniform Relocation Assistance and Real Property Acquisition Polities Act of 197C (ielocatior Act), Pub. L. No. 91-646, approved January 2, 1971, 42 U.S.C. i5 4601-4655 (1970). In his letter, the Associate General Counsel notes that section 203 of the Relocation Act, 42 U.S.C. 5 4623, provides a maximum re- placement housing payment of $15,000 to any homeowner who is dis- placed from a dwelling which he has occupied at least 180 days prior to the initiation of negotiations for the acquisition of the property. He also notes that those who are not eligible for such a payment may be entitled under section 204 of the Relocation Act, 42 U.S.C. 5 4624, to either a rental assistance payment or to down. payment assistanee, not to exceed $4,00 if they have occupied the property in question for at least 90 days prior to the initiation of negotia- tions for its acquisition. In connection with proposed changes in HUD's regulations in the area of relocation assistanice, HUD's Office of General Counsel recon- sidered the Department's position on the entitlements available under the Relocation Act to those-who live in mobile homes. Upon review, 0 I

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