1. 1. Eviction for cause must conform to A.R.S. §§ 12-1171 through 12-1183. The Department may determine that a person who is an unlawful occupant (as defined in 49 CFR 24.2) is still eligible for advisory relocation assistance. Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that the factors in subsections (1)(a) or (b) apply. The Department shall use the following factors to determine eligibility of an unlawful occupant for advisory relocation assistance:

   1. a. The person received an eviction notice before the initiation of negotiations and, as a result of that notice, is later evicted; or
   2. b. The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and
   3. c. The eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part;
   4. d. The person occupying the property and the owner dispute the issue of lawful occupancy;
   5. e. The duration of prior legal occupancy of the person occupying the property;
   6. f. Financial or medical hardship of the person occupying the property; or
   7. g. The cost of the relocation assistance is less than the cost of an appeal.
2. 2. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available.

3. 3. The state may initiate eviction proceedings due to:

   1. a. Unlawful activities being conducted on state-owned property,
   2. b. Willful destruction of state-owned property,
   3. c. Refusal to vacate state-owned property after all required notices to vacate have been delivered and appropriate assistance provided, or
   4. d. Failure to pay rent when there is no hardship.

49 CFR 24.206 “Eviction for cause” is amended to read:

Historical Note

Former Rule, Right of Way Resolution 71-69. Former Section R17-3-14 renumbered without change as Section R17-3-303 (Supp. 88-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1075, effective May 6, 2003 (Supp. 03-1). Section amended by final rulemaking at 19 A.A.R. 141, effective March 10, 2013 (Supp. 13-1). Subsections numbered 2 and 3 were inadvertently combined as one paragraph in Supp. 13-1; subsection 3 has been corrected as filed at 19 A.A.R. 141 (Supp. 19-2).