WAC 468-100-502   Replacement housing payment for one hundred eighty-day mobile home homeowner displaced from a mobile home, and/or from the acquired mobile home site.  (1) Eligibility: A displaced owner-occupant from a mobile home or site is entitled to a replacement housing payment, not to exceed twenty-two thousand five hundred dollars under WAC 468-100-401 if:

     (a) The person occupied the mobile home on the displacement site for at least one hundred eighty 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 (c)(i) through (iv) of this subsection.

     (b) The person meets the other basic eligibility requirements in WAC 468-100-401 (1)(b); 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 one hundred eighty-day owner that is displaced from a mobile home. The replacement housing payment for an eligible displaced one hundred eighty-day owner is computed as described in WAC 468-100-401(2) 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 subsection (1)(a)(iii) of this section, 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 one hundred eighty-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 one hundred eighty-day owner-occupant is entitled to a rental assistance payment computed as described in WAC 468-100-402. 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 in WAC 468-100-301 and any replacement housing payment for the purchase or rental of a comparable site as described in this section or WAC 468-100-503 as applicable.



[Statutory Authority: Chapter 8.26 RCW. 06-02-068, § 468-100-502, filed 1/3/06, effective 2/3/06; 89-17-048 (Order 121), § 468-100-502, filed 8/14/89, effective 9/14/89.]