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2 - ASSURANCE OF ADEQUATE REPLACEMENT HOUSING <br /> PRIOR TO DISPLACEMENT <br /> <br />2.1 Assurance of availability. <br /> <br /> a. Availability. No public entity shall proceed with any <br />phase of a project which will cause the displacement of any per- <br />son until the public entity has determined that within a reasonable <br />period of time prior to displacement, there will be available on a <br />basis consistent with the requirements of Title VIII of the Civil <br />Rights Act of 1968 (P.L. 90-284), in areas not generally less <br />desirable in regard to public utilities and public and com~ercial <br />facilities and at rents or prices within the financial means of <br />the families and individuals displaced, decent, safe and sanitary <br />dwellings, equal in number to the number of, and available to, such <br />displaced persons who require such dwellings and reasonably acces- <br />sible to their places of employment. <br /> <br /> b. Support. The determination should be based on a current <br />survey and analysis of available replacement housing by the dis- <br />placing agency. Such survey and analysis must take into account <br />the competing demands on available housing. <br /> <br /> c. Waiver. Pursuant to Section 7261(c) (3) of the Act, the <br />head of a public entity may prescribe by regulations, situations <br />where the determination described in paragraph 2.la may be waived. <br />These should be limited only to emergency or other extraordinary <br />situations where im~aediate possession of real property is of cru- <br />cial importance. Each waiver of assurance of replacement h6using <br />shall be supported by appropriate findings and a determination of <br />the necessity for the waiver. <br /> <br />d. Standards for decent~ safe~ and sanitary dwellinqs. <br /> <br /> (a) A decent safe, and sanitary dwelling is one which meets <br />all of the following minimum requirements. Adjustments may be made <br />only in the cases of unusual circumstances or in unique geographic <br />areas. <br /> <br /> (1) Conforms with all applicable provisions for ex- <br />isting structures that have been established under State or local <br />building, plumbing, electrical, housing and occupancy codes and <br />similar ordinances or regulations. <br /> <br />(2) Has a continuing and adequate supply of potable <br /> <br />safe water. <br /> <br /> (3) Has a kitchen or an area set aside for kitchen <br />use which contains a sink in good working condition and connected <br /> <br />11-5 <br /> <br /> <br />