42 U.S.C. § 4623

Replacement housing for homeowner; mortgage insurance

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(a)(1) In addition to payments otherwise authorized by this subchapter, the head of the displacing agency shall make an additional payment not in excess of $31,000, as adjusted by regulation, in accordance with 4633(d) 11 So in original. Probably should be preceded by “section”. of this title, to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 90 days before the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements:(A) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.(B) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling.(C) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.(2) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency’s obligation under section 4625(c)(3) of this title is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.(b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage (including advances during construction) on a comparable replacement dwelling executed by a displaced person assisted under this section, which mortgage is eligible for insurance under any Federal law administered by such agency notwithstanding any requirements under such law relating to age, physical condition, or other personal characteristics of eligible mortgagors, and may make commitments for the insurance of such mortgage prior to the date of execution of the mortgage.(Pub. L. 91–646, title II, § 203, Jan. 2, 1971, 84 Stat. 1896; Pub. L. 100–17, title IV, § 406, Apr. 2, 1987, 101 Stat. 251; Pub. L. 112–141, div. A, title I, § 1521(b), July 6, 2012, 126 Stat. 578.)Editorial NotesAmendments

2012—Subsec. (a)(1). Pub. L. 112–141, in first sentence, substituted “$31,000, as adjusted by regulation, in accordance with 4633(d) of this title,” for “$22,500” and “90 days before” for “one hundred and eighty days prior to”.

1987—Subsec. (a)(1). Pub. L. 100–17, § 406(1)–(3), substituted “displacing agency” for “Federal agency” and “$22,500” for “$15,000” in introductory provisions, and in subpar. (A) “acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling” for “acquired by the Federal agency, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment and available on the private market. All determinations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the additional payment”.

Subsec. (a)(1)(B). Pub. L. 100–17, § 406(4), added subpar. (B) and struck out former subpar. (B) which read as follows: “The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the Federal agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.”

Subsec. (a)(2). Pub. L. 100–17, § 406(5), added par. (2) and struck out former par. (2) which read as follows: “The additional payment authorized by this subsection shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which he receives from the Federal agency final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date.”

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective 2 years after the date of enactment of Pub. L. 112–141, see section 1521(g) of Pub. L. 112–141, set out as a note under section 308 of Title 23, Highways.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

Notes of Decisions

Cited in 27 cases, 1972–2012 · leading case: Alexander v. United States Dep't of Hous. & Urban Dev., 441 U.S. 39 (1979).

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Alexander v. United States Dep't of Hous. & Urban Dev., 441 U.S. 39 (1979). · cites it 2× “” 42 U. S. C. § 4623 (a) (1). 37 Congress drafted these occupancy requirements to exclude from coverage persons who otherwise might attempt to obtain substantial relocation benefits by moving onto property after the acquisition process has begun.”

Abdo Ahmad Nagi v. United States of Am. & City of Detroit, 751 F.2d 826 (6th Cir. 1985). · cites it 7× “Plaintiff Abdo Ahmad Nagi appeals a judgment of the district court upholding a determination by the City of Detroit that he and his wife, Tamniah Nagi, were ineligible for replacement housing benefits pursuant to 42 U.S.C. § 4623 . Nagi and his wife were the owners of a home…”

Keith v. Volpe, 501 F. Supp. 403 (C.D. Cal. 1980). “Evidence further disclosed a number of deficiencies in the relocation studies on the availability of “decent, safe, and sanitary housing” required by 42 U.S.C. § 4623 (a)(1)(A). The severest housing shortage was in the WattsWillowbrook area.”

Dep't of Transp. v. Rushing, 237 S.E.2d 722 (Ga. Ct. App. 1977). · cites it 3× “Under the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970,42 USCA § 4623 (PL 91-646, 91st Cong.), Mr.”

Paul Jensen & Ruby Jensen v. United States, 662 F.2d 664 (10th Cir. 1981). · cites it 2× “Plaintiffs had sought the more comprehensive homeowner relocation benefits authorized hy URA section 208, 42 U.S.C. § 4623 . Both parties moved for summary judgment in the trial court.”

United States v. 158.00 Acres of Land, More or Less, in Clay Cnty., State of Missouri. Eugene A. & Martha Jackson, 562 F.2d 11 (8th Cir. 1977). · cites it 3× “See 42 U.S.C. § 4623 (a)(1)(A). We remand this case to the District Court to determine the contributory value of the appellants’ home as it was a significant fact necessary to compute benefits under the URA.”

Bourne v. Schlesinger, 426 F. Supp. 1025 (E.D. Pa. 1977). · cites it 5× “The denial of the replacement housing payment was based on the Corps’ finding that her condemned house was not her permanent residence and therefore not a “dwelling” within the meaning of 42 U.S.C. § 4623 or § 4624. Plaintiff filed an appeal with the District Office of the Corps…”

Cmty. Redevelopment Agency v. Abrams, 543 P.2d 905 (Cal. 1975). “…payment of moving and related expenses ( 42 U.S.C. § 4622 ; Gov. Code, § 7262), acquisition of replacement housing ( 42 U.S.C. §§ 4623 , 4624, 4626; Gov. Code, §§ 7263, 7263.5, 7264, 7264.5), and advisory services ( 42 U.S.C. § 4625 ; Gov. Code, § 7261). As to the matter of…”

Keith v. Volpe, 352 F. Supp. 1324 (C.D. Cal. 1972). “§§ 506 , 507, and Sections 203 and 204 of the Relocation Act, 42 U.S.C. §§ 4623 , 4624. Under the Highway Act the maximum that could be paid to a homeowner as a supplemental payment to make up the difference .”

Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045 (3rd Cir. 1980). “but not to exceed $4,000____ Relocation payments to persons who owned the homes from which they were displaced, as opposed to those who merely rented their dwellings, are covered in 42 U.S.C. § 4623 (1976). . The Association also claims on appeal that the tenants do not even…”

Ledesma v. Urban Renewal Agcy. of City of Edinburg, 432 F. Supp. 564 (S.D. Tex. 1977). “42 U.S.C. § 4623 (a)(1). However, the Agency, in determining occupancy, also applies what is known as a “constructive occupancy” rule.”

Louisiana Dep't of Highways v. Coleman, 444 F. Supp. 151 (M.D. La. 1978). · cites it 2× “Defendants, on the other hand, contend that the provisions of 42 U.S.C. § 4623 require the interest cost differential to be paid to Mr.”

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— 42 U.S.C. § 4623(a)(1)(A) — 1 case

United States v. 158.00 Acres of Land, More or Less, in Clay Cnty., State of Missouri. Eugene A. & Martha Jackson, 562 F.2d 11 (8th Cir. 1977). “See 42 U.S.C. § 4623 (a)(1)(A). We remand this case to the District Court to determine the contributory value of the appellants’ home as it was a significant fact necessary to compute benefits under the URA.”

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