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Overview of Section 104(d)

Section 104(d) of the Housing and Community Development Act (HCD) provides minimum requirements for certain HUD funded programs or projects.

Which HUD programs are subject to Section 104(d) requirements?

  • CDBG
  • HOME
  • UDAG

What are the Section 104(d) requirements?

  • Funding recipients must certify they have in effect and are following a Residential Antidisplacement and Relocation Assistance Plan (RARAP)

     
  • Relocation assistance to lower-income residential tenants displaced as a direct result of demolition of any dwelling unit or conversion of a lower-income dwelling unit in connection with an assisted activity

     
  • Replacement, on a one-for-one basis, of all occupied and vacant occupiable lower-income dwelling units that are demolished or converted to a use other than lower income dwelling units in connection with an assisted activity

What are the relocation requirements under Section 104(d)?

The relocation assistance and payments for eligible persons under Section 104(d) are similar to those required for the URA but there are a number of differences. One significant difference between the laws is the period of time used to calculate a rental assistance payment; Section 104(d) uses 60 months vs. 42 months for the URA. Section 104(d)-eligible displaced persons may also choose to receive relocation assistance under Section 104(d) or relocation assistance under the URA.

What are the guiding regulations for Section 104(d) relocation requirements?

Section 104(d) Regulations: 24 CFR Part 42 is the regulation that implements Section 104(d) of the Housing and Community Development Act.

Where can you go to find more information about Section 104(d) requirements?

You should consult 24 CFR Part 42 and Chapter 7 of HUD Handbook 1378 for more guidance.