Section 5501:2-5-05 - Mobile homes(A) General: this rule describes the requirements governing the provision of replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this rule. Except as modified by this rule, such a displaced person is entitled to a moving expense payment and a replacement housing payment to the same extent and subject to the same requirements as persons displaced from conventional dwellings. Moving cost payments to persons occupying mobile homes are covered in paragraphs (A)(5)(a) to (A)(5)(j) of rule 5501:2-5-03 of the Administrative Code.(B) Partial acquisition of mobile home park: The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park. If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the occupant of the mobile home shall be considered to be a displaced person who is entitled to relocation payments and other assistance under this part.(C) Replacement housing payment for a ninety-day mobile homeowner displaced from a mobile home, and/or from the acquired mobile home site. (1) Eligibility. An owner-occupant displaced from a mobile home or site is entitled to a replacement housing payment, not to exceed thirty-one thousand dollars, under paragraph (A) of rule 5501:2-5-04 of the Administrative Code if:
(a) The person occupied the mobile home on the displacement site for at least ninety days immediately before: (i) The initiation of negotiations to acquire the mobile home, if the person owned the mobile home and the mobile home is real property;(ii) The initiation of negotiations to acquire the mobile home site if the mobile home is personal property, but the person owns the mobile home site; or(iii) The date of the agency's written notification to the owner-occupant that the owner is determined to be displaced from the mobile home as described in paragraphs (C)(1)(i) to (C)(1)(iv) of this rule.(b) The person meets the other basic eligibility requirements of paragraph (A)(1)(b) of rule 5501:2-5-04 of the Administrative Code; and (c) The agency acquires the mobile home as real estate, or acquires the mobile home site from the displaced owner, or the mobile home is personal property but the owner is displaced from the mobile home because the agency determines that the mobile home: (i) Is not, and cannot economically be made decent, safe, and sanitary;(ii) Cannot be relocated without substantial damage or unreasonable cost;(iii) Cannot be relocated because there is no available comparable replacement site; or(iv) Cannot be relocated because it does not meet mobile home park entrance requirements.(2) Replacement housing payment computation for a ninety-day owner that is displaced from a mobile home. The replacement housing payment for an eligible displaced ninety-day owner is computed as described at paragraph (A)(2) of rule 5501:2-5-04 of the Administrative Code incorporating the following, as applicable: (a) If the agency acquires the mobile home as real estate and/or acquires the owned site, the acquisition cost used to compute the price differential payment is the actual amount paid to the owner as just compensation for the acquisition of the mobile home, and/or site, if owned by the displaced mobile homeowner.(b) If the agency does not purchase the mobile home as real estate but the owner is determined to be displaced from the mobile home and eligible for a replacement housing payment based on paragraph (C)(1)(c)(iii) of this rule, the eligible price differential payment for the purchase of a comparable replacement mobile home, is the lesser of the displaced mobile homeowner's net cost to purchase a replacement mobile home (i.e., purchase price of the replacement mobile home less trade-in or sale proceeds of the displacement mobile home); or, the cost of the agency's selected comparable mobile home less the agency's estimate of the salvage or trade-in value for the mobile home from which the person is displaced.(c) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.(3) Rental assistance payment for a ninety-day owner-occupant that is displaced from a leased or rented mobile home site. If the displacement mobile home site is leased or rented, a displaced ninety-day owner-occupant is entitled to a rental assistance payment computed as described in paragraph (A)(6) of rule 5501:2-5-04 of the Administrative Code. This rental assistance payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional decent, safe and sanitary dwelling.(4) Owner-occupant not displaced from the mobile home. If the agency determines that a mobile home is personal property and may be relocated to a comparable replacement site, but the owner-occupant elects not to do so, the owner is not entitled to a replacement housing payment for the purchase of a replacement mobile home. However, the owner is eligible for moving costs described at rule 5501:2-5-03 of the Administrative Code and any replacement housing payment for the purchase or rental of a comparable site as described in this paragraph or paragraph (D) of this rule as applicable.(D) Replacement housing payment for ninety day mobile home tenant: A displaced tenant of a mobile home and/or site is eligible for a replacement housing payment, not to exceed seven thousand two hundred dollars, under paragraph (B) of this rule if: (1) The person actually occupied the displacement mobile home on the displacement site for at least ninety days immediately prior to the initiation of negotiations;(2) The person meets the other basic eligibility requirements at paragraph (B)(1) of rule 5501:2-5-04 of the Administrative Code; and(3) The agency acquires the mobile home and/or mobile home site, or the mobile home is not acquired by the agency but the agency determines that the occupant is displaced from the mobile home because of one of the circumstances described at paragraph (C)(1)(c) of this rule.Ohio Admin. Code 5501:2-5-05
Five Year Review (FYR) Dates: 3/14/2023 and 03/14/2028
Promulgated Under: 111.15
Statutory Authority: 163.58
Rule Amplifies: 163.54, 163.55, 163.57
Prior Effective Dates: 09/26/1977, 07/10/1992, 04/23/2000, 01/08/2007, 01/09/2014, 01/15/2015Five Year Review (FYR) Dates: 1/10/2018 and 01/10/2023
Promulgated Under: 111.15
Statutory Authority: 163.58
Rule Amplifies: 163.54, 163.55, 163.57
Prior Effective Dates: 09/26/1977, 07/10/1992, 04/23/2000, 01/08/2007, 01/09/2014, 01/15/2015