23 §244-C. Assurance of availability of housing
Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 3: OFFICIALS AND THEIR DUTIES
Subchapter 7: RELOCATION ASSISTANCE
§244-C. Assurance of availability of housing
1. Expenditures for replacement dwellings. If a program or project undertaken by the department cannot proceed on a timely basis because comparable replacement dwellings are not available, and the department determines that those dwellings cannot otherwise be made available, the department may take such action as is necessary or appropriate to provide dwellings by use of funds authorized for the project. The department may use this section to exceed the maximum amounts which may be paid under sections 244-A and 244-B on a case-by-case basis for good cause as determined in accordance with guidelines that the department issues.
[ 1989, c. 208, §§16, 21 (NEW) .]
2. Availability required. No person may be required to move from a dwelling because of any program or project undertaken by the department unless the department is satisfied that comparable replacement housing is available to that person.
[ 1989, c. 208, §§16, 21 (NEW) .]
3. Exceptions. The department shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
A. A major disaster as defined in the United States Disaster Relief Act of 1974, Section 102(2); [1989, c. 208, §§16, 21 (NEW).]
B. A national emergency declared by the President of the United States; or [1989, c. 208, §§16, 21 (NEW).]
C. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of that dwelling by that person constitutes a substantial danger to the health or safety of that person. [1989, c. 208, §§16, 21 (NEW).]
[ 1989, c. 208, §§16, 21 (NEW) .]
SECTION HISTORY
1989, c. 208, §§16,21 (NEW).