§ 151.5. Replacement housing for homeowners.
(a) If a displaced person purchases and occupies a decent, safe and sanitary dwelling at a price less than the reasonable cost of a comparable replacement dwelling, the amount of damages payable under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) shall be determined by using the actual cost rather than the reasonable cost of a comparable replacement dwelling. Reasonable costs of rehabilitating a replacement dwelling in order to make it decent, safe and sanitary and comparable to the acquired dwelling with respect to size and state of repair shall be included in calculating the actual cost.
(b) The amount necessary for the purchase of a comparable replacement dwelling may be determined by analyzing probable selling prices of comparable dwellings available on the market; by reference to a schedule prepared on the basis of an analysis; or in some other meaningful manner.
(c) If a displaced person purchases or retains a dwelling and moves it to another location, the displaced person shall be entitled to a payment under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) in the amount by which the acquisition cost of his acquired dwelling, including its site, is exceeded by the sum of the following:
(1) The purchase price paid for the replacement dwelling.
(2) The reasonable cost of acquiring a comparable replacement site, or, if the dwelling is moved onto other land owned by the displaced person, the fair market value of a comparable replacement site on the land. If the dwelling is moved onto the unacquired portion of property acquired in part for a program or project, the fair market value of the comparable replacement site shall be based on the after-value of the unacquired property.
(3) The reasonable cost of construction of a new foundation.
(4) The reasonable cost of moving the dwelling.
(5) The reasonable cost of connecting utilities.
(6) The reasonable cost of the improvements as are necessary to make the dwelling decent, safe and sanitary.
(7) The reasonable cost of restoring the dwelling to a condition comparable to its condition before the move; provided, however, that the total payment will not exceed the reasonable cost of a comparable replacement dwelling.
(d) If the acquired dwelling unit occupied by a displaced person is part of a structure owned by the person which also included space used for nonresidential purposes, that is, mixed-use property, the amount of damages payable under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) shall be determined by using as the acquisition payment of the dwelling unit only that part of the total payment which relates to the value of the residential use portion of the structure. Likewise, if the replacement dwelling unit is part of a structure which includes space used for nonresidential purposes, the amount of damages payable under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) shall be determined by using as the cost of the replacement dwelling only that part of the total cost which relates to the value of the residential use portion of the replacement structure.
(e) If the acquired dwelling unit occupied by a displaced person is located on a parcel of land owned by the person which is substantially larger than a normal home site, the amount of damages payable under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) shall be determined by using as the acquisition payment of the dwelling unit only that part of the total payment which relates to the value of the residential use portion of the parcel. Likewise, if the replacement dwelling unit is located on a parcel of land which is substantially larger than a normal home site, the amount of damages payable under section 601-A(a)(1) of the act (26 P. S. § 1-601A(a)(1)) shall be determined by using as the cost of the replacement dwelling only that part of the total cost which relates to the value of the residential use portion of the replacement parcel.
(f) The acquiring agency may, for good cause, extend the time within which a displaced person shall purchase and occupy a replacement dwelling in order to qualify for replacement housing for homeowners under section 602-A of the act (26 P. S. § 1-602A).
Source The provisions of this § 151.5 amended March 2, 1973, effective March 3, 1973, 3 Pa.B. 411.
Cross References This section cited in 37 Pa. Code § 151.7 (relating to replacement housing down payment).
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