Section 1680-06-02-.15 - LAST RESORT HOUSING(1) Determination to Provide Last Resort Housing. If the displacing agency determines that a project cannot proceed on a timely basis because comparable replacement dwellings are not available within the maximum payments specified under Rule 1680-6-2-.13, Paragraphs (1) or (2), as applicable, the displacing agency may provide additional assistance as necessary under this Rule. Before deciding to provide last resort housing assistance under this Rule, the displacing agency must determine either:
(a) That there is good cause to provide such assistance to a displaced person in a particular case based on: 1. The lack of availability of comparable replacement housing within the project area;2. The resources available to provide comparable replacement housing; and3. The individual circumstances of the displaced person; or(b) That there is good cause to provide such assistance to displaced persons within an entire project area based on:1. The lack of availability of comparable replacement housing for any displaced persons within the project area;2. The inability to complete the project in a timely manner without last resort housing assistance; and3. The selection of a method for providing last resort housing assistance that is cost effective when compared to the costs of delaying the project until less expensive comparable replacement housing may become available.(2) Basic Rights of Persons to Be Displaced.(a) No person shall be required to move from a displacement dwelling under this Rule until after comparable replacement housing has been made available to such person, except temporarily in the case of a major disaster or emergency as described in Rule 1680-6-2-.07, Subparagraph (5)(c).(b) The displacing agency shall not require any displaced person to accept a dwelling provided by the displacing agency under this Rule (unless the displacing agency and the displaced person have entered into a written contract to do so) in lieu of any acquisition payment or any relocation payment for which the person may otherwise be eligible.(c) Nothing in this Rule shall deprive a person of any rights such person may otherwise have under the Act or these Rules.(3) Methods of Providing Last Resort Housing. (a) Generally. The displacing agency shall have wide latitude in determining the method for providing last resort housing assistance on a case-by-case basis, or on a project-wide basis, where justified under Paragraph (1) of this Rule, but the implementation shall not exceed a reasonable cost. The methods of providing last resort housing may include, but are not limited to:
1. A replacement housing payment in excess of the limits set forth in the Act and Rule 1680-6-2-.13, Paragraphs (1) and (2). A rental assistance payment under this Rule may be provided in installments or in a lump sum at the displacing agency's discretion.2. Rehabilitation of and/or additions to an existing replacement dwelling.3. The construction of new replacement housing.4. The relocation and, if necessary, rehabilitation of a dwelling.5. The purchase of land and/or a replacement dwelling by the displacing agency and subsequent sale or lease to, or exchange with, a displaced person.6. The removal of barriers to the handicapped.7. The change in status of the displaced person, with his or her concurrence, from tenant to homeowner when it is more cost effective to do so, as in cases where a down payment may be less expensive than a last resort rental assistance payment.(b) Special Circumstances. Under special circumstances, consistent with the definition of a comparable replacement dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling, provided that the replacement dwelling is functionally equivalent to the displacement dwelling (as described in the definition of "comparable replacement dwelling" set forth in Rule 1680-6-2-.03). Examples include:
1. Providing smaller, but superior, replacement housing that is decent, safe and sanitary and adequate to accommodate individuals or families displaced from marginal or substandard housing, only a portion of which is being used as living quarters, and where no comparable large dwellings are available in the area.2. Providing a new mobile home to replace a very substandard conventional dwelling in an area where comparable conventional dwellings are not available.(c) Otherwise Ineligible Displaced Persons. The displacing agency shall provide assistance under this Rule to a displaced person who is not eligible to receive a replacement housing payment under Rule 1680-6-2-.13, Paragraph (1) or (2), because of failure to meet the length of occupancy requirements when comparable replacement housing is not available at rental rates within the person's financial means, which is 30 % of the person's gross monthly household income. Such assistance shall cover a period of 42 months.
Tenn. Comp. R. & Regs. 1680-06-02-.15
Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-2-4-.15 filed and effective February 1, 2003.Authority: T.C.A. §§ 13-11-109 and 13-11-113.