Section 10-B2228. ADVANCE PAYMENTS IN CONDEMNATION CASES

 

2228.1In cases where condemnation proceedings are pending, a provisional replacement housing payment may be calculated, based on the maximum offer for the property as the acquisition price.

 

2228.2Payment may be made upon the owner-occupant's agreement to the following:

 

(a)That upon final determination of the condemnation proceeding the replacement housing payment will be recomputed using the acquisition price determined by the court as compared to the actual price paid or the amount determined necessary to acquire a comparable decent, safe, and sanitary dwelling; and

 

(b)That if the amount awarded in the condemnation proceedings plus the amount of the replacement housing payment already received exceeds the cost of a comparable dwelling or the actual amount paid for a replacement dwelling, he or she will refund to the District the excess amount.

 

2228.3In no event shall the owner-occupant be required to refund more than the amount of the replacement housing payment advanced.

 

2228.4If the property owner does not agree to the adjustment under §2228.2, the replacement housing payment shall be deferred until the case is finally adjudicated and shall then be computed on the basis of the final determination, using the award as the acquisition price.

 

source

§503(d) of the Relocation Regulations, Regulation No. 73-4, 19 DCR 599, 626 (February 21, 1973).