Arizona Laws 11-971. Assurance of availability of housing
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 displacing agency determines that the dwellings cannot otherwise be made available, the displacing agency may 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 use this section to exceed the maximum amounts which may be paid under sections 11-964 and 11-966 on a case by case basis for good cause as determined in accordance with the rules the lead agency prescribes.
Terms Used In Arizona Laws 11-971
- 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 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Lead agency: means the acquiring agency except as required by federal law. See Arizona Laws 11-961
- Person: means any individual, family, partnership, corporation or association. See Arizona Laws 11-961
- 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 because of any 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 for any of the following:
1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974 (P.L. 93-288; 88 Stat. 143; 42 United States Code § 5121).
2. A national emergency declared by the president of the United States.
3. Any other emergency or urgent need, including that the continued occupancy of the dwelling by the person constitutes a substantial danger which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person or public.