A displacing agency may act to provide comparable replacement dwellings and, in some cases, exceed payment limits, but it must ensure people are not forced to move unless they have had a reasonable chance to relocate, subject to listed emergency exceptions.
11-971 - Assurance of availability of housing 11-971 . Assurance of availability of housing A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the displacing agency determines that the dwellings cannot otherwise be made available, the displacing agency may take any action that is necessary or appropriate to provide the dwellings by the use of monies authorized for the project. The displacing agency may use this section to exceed the maximum amounts which may be paid under sections 11-964 and 11-966 on a case by case basis for good cause as determined in accordance with the rules the lead agency prescribes. B. A person shall not be required to move from a dwelling because of any program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person. C. The displacing agency shall ensure that a person is not required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except for any of the following: 1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974 (P.L. 93-288; 88 Stat. 143; 42 United States Code section 5121). 2. A national emergency declared by the president of the United States. 3. Any other emergency or urgent need, including that the continued occupancy of the dwelling by the person constitutes a substantial danger which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person or public.