Arizona Laws 28-7146. Replacement housing for tenants
A. In addition to amounts otherwise authorized by this article, a displacing agency shall pay to or for a person who is displaced from a dwelling and who is not eligible to receive a payment under section 28-7144 if the dwelling was actually and lawfully occupied by the displaced person for at least ninety days immediately before either:
Terms Used In Arizona Laws 28-7146
- 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
- Initiation of negotiations: means the date the department first makes personal contact with the owner or the owner's personal representative of the property sought to be acquired if the price to be paid for the property is discussed. See Arizona Laws 28-7141
- 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 an individual, family, partnership, corporation or association. See Arizona Laws 28-7141
1. The initiation of negotiations for acquisition of the dwelling.
2. In a case in which displacement is not a direct result of acquisition, another event as the department prescribes.
B. Payment under subsection A of this section consists of the amount necessary to enable the person to lease or rent for a period of not more than forty-two months a comparable replacement dwelling 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.
C. A person who is eligible for a payment under subsection A of this section:
1. May elect to apply the payment to a down payment on and other incidental expenses relating to the purchase of a decent, safe and sanitary replacement dwelling.
2. At the discretion of the displacing agency, may be eligible under this subsection for the maximum payment allowed under subsection B of this section, except that the payment to a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days immediately before the initiation of negotiations for the acquisition of the dwelling shall not exceed the payment the person otherwise would have received under section 28-7144, subsection A if the person had owned and occupied the displacement dwelling ninety days immediately before the initiation of the negotiations.