Section 7-219 - Relocation during rehabilitation.

§ 7-219. Relocation during rehabilitation.
 

(a)  In general.- This section applies if a protected action involves substantial rehabilitation or reconstruction that does not allow continued occupancy of a unit because of danger to the health and safety of the household. 

(b)  Notice to vacate required.-  

(1) The owner shall give notice of the reconstruction or rehabilitation at least 1 year before the date when the unit must be vacated. 

(2) The notice shall explain the household's rights under this section. 

(c)  Relocation.-  

(1) To allow work to be performed in a unit, a designated household with an extended lease under § 7-216 of this subtitle may be required to: 

(i) vacate the unit not earlier than 1 year after the giving of the notice of intent; and 

(ii) relocate at the expense of the owner to a comparable unit in the assisted project. 

(2) (i) If a comparable unit is not available, the designated household may be required to vacate the assisted project until the work is completed. 

(ii) When the work is completed, the owner shall notify the designated household of the completion of the work. 

(iii) The designated household has 30 days to return to the original or a comparable rental unit after the owner notifies the designated household that the work is completed. 

(iv) The term of the extended lease begins when the designated household returns to the assisted project. 

(3) The owner shall pay all reasonable relocation expenses of a designated household required as a result of subsection (d) of this section. 

(d)  Relocation expenses.-  

(1) The owner shall pay relocation expenses in accordance with § 7-212(b)(2) of this subtitle on or before the date when the designated household vacates the unit. 

(2) The owner shall also reimburse a designated household that returns to its unit under subsection (c)(2) of this section for its relocation expenses in accordance with § 7-212(b) of this subtitle. 

(e)  Compensation.-  

(1) In accordance with the schedule of fair market rents of the United States Department of Housing and Urban Development in effect on the moving date, within 15 days after that date, the owner shall pay compensation equivalent to 3 months' rent for a unit of comparable size and quality to each designated household eligible under this subsection. 

(2) A designated household is eligible for compensation under this subsection if it: 

(i) is current in its rent payments and has not violated any other material term of its lease; 

(ii) includes an individual described under § 7-213(1) of this subtitle and: 

1. does not have an extended lease; or 

2. cannot have an extended lease because the number of assisted units set aside under § 7-214(b) of this subtitle is less than the number of qualified households; or 

(iii) otherwise qualifies for an extended lease but is required to vacate its unit under subsection (c)(2) of this section. 
 

[An. Code 1957, art. 83B, § 9-106(k)(1)-(3), (l)(1)-(4); 2005, ch. 26, § 2.]