A. In addition to amounts otherwise authorized by this article, a displacing agency shall make a payment to or for any person who is displaced from any dwelling and who is not eligible to receive a payment under section 11-964 if the dwelling was actually and lawfully occupied by the displaced person for at least ninety days immediately before the initiation of negotiations for acquisition of the dwelling, or if displacement is not a direct result of acquisition as the lead agency prescribes. This payment consists of the amount necessary to enable the person to lease or rent a comparable replacement dwelling for a period of not more than forty-two months but not more than seven thousand two hundred dollars. At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account the person’s income.

Terms Used In Arizona Laws 11-966

  • Comparable replacement dwelling: means a dwelling that is all of the following:

    (a) Decent, safe and sanitary. See Arizona Laws 11-961

  • Displaced person: means :

    (a) A person who moves from real property or moves his personal property from real property either:

    (i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency. See Arizona Laws 11-961

  • Displacing agency: means the state or state agency and any political subdivision or person carrying out a program or project with federal financial assistance, or with the approval of the governing body of the acquiring agency, state or local financial assistance, which causes a person to be a displaced person. See Arizona Laws 11-961
  • Initiation of negotiations: means the delivery of the initial written offer by the acquiring agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be proper compensation or other actions to serve this purpose as determined by the lead agency. See Arizona Laws 11-961
  • Lead agency: means the acquiring agency except as required by federal law. See Arizona Laws 11-961
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: means any individual, family, partnership, corporation or association. See Arizona Laws 11-961

B. A person who is eligible for a payment under subsection A of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. The person, at the discretion of the displacing agency, may be eligible under this subsection for the maximum payment allowed under subsection A of this section.

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