§ 35-5-204. DISPLACEMENT.

(a)

Scope.

(1)

A person is considered to be displaced under this section if the person is:

(i)

Required to leave a structure as a result of:

1.

A condemnation; or

2.

An order for alteration or repair of a structure issued under § 35-5-103 of this title; and

(ii)

A tenant of the structure to which the condemnation or order applies at the time the order is issued.

(2)

A person is not considered to be displaced under this section if the person's displacement is:

(i)

The result of an act of god or other conditions beyond the control of the property owner; or

(ii)

Caused by the tenant's negligent, wrongful, or malicious act or omission.

(b)

Duty of property owner to find housing; exception. When a tenant is displaced under this section, the property owner shall promptly make a reasonable and good-faith effort to locate alternative housing that is:

(1)

Of comparable affordability; and

(2)

Within a reasonable distance of the original structure.

(c)

Duty of county to find housing.

(1)

If the property owner is unable to locate alternative housing or fails or refuses to make efforts to locate alternative housing, the county may provide alternative housing to the displaced tenant until the earlier of:

(i)

Authorization by the Code Official to reoccupy the structure;

(ii)

Approval by the Code Official of repairs or alterations to the structure;

(iii)

The expiration of the tenant's lease; or

(iv)

6 months after the date the notice or order displacing the tenant was issued.

(2)

The county shall establish a lien against the property on which the structure is located in order to recover the cost incurred in locating alternate housing and in relocating a displaced tenant.

(d)

Duty to pay rent.

(1)

A displaced tenant shall pay the same amount of rent to the person who provides alternative housing or the county as paid to the property owner immediately before the displacement.

(2)

The property owner is responsible for the difference between the rent paid before displacement and the rent required for the alternative housing until the end of the term of the lease agreement or 6 months, whichever occurs first.

(e)

Tenant. A property owner may not evict a tenant solely due to the tenant's complaint to the Code Official of an alleged violation of this code.

(f)

Additional remedy. In addition to any other remedies provided under law or the code, the county may recover any costs incurred by it in the relocation of a displaced person in a court of competent jurisdiction.

(1988 Code, § 18-73) (Bill No. 100-97, § 1, 9-8-1997; Bill No. 25-01, § 2, 7-1-2004; Bill No. 76-03, § 12, 7-1-2004)