305.609. Dwelling costs--eligibility--payment amount.
Dwelling costs--eligibility--payment amount.
305.609. 1. In addition to amounts otherwise authorizedby sections 305.600 to 305.630, the head of a displacing agencyshall make a payment to or for any displaced person displacedfrom any dwelling not eligible to receive a payment undersection 305.606 which dwelling was actually and lawfullyoccupied by such displaced person for not less than ninety daysimmediately prior to:
(1) The initiation of negotiations for acquisition of suchdwelling; or
(2) In any case in which displacement is not a directresult of acquisition, such other event as the head of theUnited States Department of Transportation shall prescribe.Such payment shall consist of the amount necessary to enablesuch person to lease or rent for a period not to exceedforty-two months, a comparable replacement dwelling, but not toexceed five thousand two hundred fifty dollars. At thediscretion of the head of the displacing agency, a payment underthis subsection may be made in periodic installments.Computation of a payment under this subdivision to a low-incomedisplaced person for a comparable replacement dwelling shalltake into account such person's income.
2. Any person eligible for a payment under subsection 1 ofthis section may elect to apply such payment to a down paymenton, and other incidental expenses pursuant to, the purchase of adecent, safe and sanitary replacement dwelling. Any such personmay, at the discretion of the head of the displacing agency, beeligible under this subsection for the maximum payment allowedunder subsection 1 of this section, except that, in the case ofa displaced homeowner who has owned and occupied thedisplacement dwelling for at least ninety days but not more thanone hundred eighty days immediately prior to the initiation ofnegotiations for the acquisition of such dwelling, such paymentshall not exceed the payment such person would otherwise havereceived under section 305.606 had the person owned and occupiedthe displacement dwelling one hundred eighty days immediatelyprior to the initiation of such negotiations.
(L. 1990 H.B. 1510 § 4)Effective 6-14-90