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:

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 five thousand two hundred fifty 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 but not more than one hundred seventy-nine 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 one hundred eighty days immediately before the initiation of the negotiations.

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:

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 five thousand two hundred fifty 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 but not more than one hundred seventy-nine 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 one hundred eighty days immediately before the initiation of the negotiations.