Arizona Laws 28-7152. Assurance of dwellings
A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that the dwellings cannot otherwise be made available, the head of the displacing agency shall take any action that is necessary or appropriate to provide the dwellings by the use of monies authorized for the project. The displacing agency may exceed the maximum amounts that may be paid under sections 28-7144 and 28-7146 on a case by case basis for good cause as determined pursuant to department rules.
Terms Used In Arizona Laws 28-7152
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Comparable replacement dwelling: means a dwelling that is all of the following:
(a) Decent, safe and sanitary. See Arizona Laws 28-7141
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Displacing agency: means the department in carrying out a program or project with federal or state financial assistance that causes a person to be a displaced person. See Arizona Laws 28-7141
- Person: means an individual, family, partnership, corporation or association. See Arizona Laws 28-7141
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. A person shall not be required to move from a dwelling on account of a program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.
C. The displacing agency shall ensure that a person is not required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in any of the following cases:
1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974.
2. A national emergency declared by the president of the United States.
3. Any other emergency that requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person is a substantial danger to the health or safety of the person.