42 U.S.C. § 4624

Replacement housing for tenants and certain others

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(a) In addition to amounts otherwise authorized by this subchapter, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 4623 of this title which dwelling was actually and lawfully occupied by such displaced person for not less than 90 days immediately prior to (1) the initiation of negotiations for acquisition of such dwelling, or (2) in any case in which displacement is not a direct result of acquisition, such other event as the head of the lead agency shall prescribe. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $7,200, as adjusted by regulation, in accordance with section 4633(d) of this title. At the discretion of the head of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account such person’s income.(b) Any person eligible for a payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (a).(Pub. L. 91–646, title II, § 204, Jan. 2, 1971, 84 Stat. 1897; Pub. L. 100–17, title IV, § 407, Apr. 2, 1987, 101 Stat. 251; Pub. L. 112–141, div. A, title I, § 1521(c), July 6, 2012, 126 Stat. 578.)Editorial NotesAmendments

2012—Subsec. (a). Pub. L. 112–141, § 1521(c)(1), in second sentence, substituted “$7,200, as adjusted by regulation, in accordance with section 4633(d) of this title” for “$5,250”.

Subsec. (b). Pub. L. 112–141, § 1521(c)(2), substituted period at end of second sentence for “, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 4623(a) of this title had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations.”

1987—Pub. L. 100–17 amended section generally, revising and restating as subsecs. (a) and (b) provisions formerly contained in introductory provisions and in pars. (1) and (2).

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 11 cases (1 in the last 5 years), 1976–2023 · leading case: Cole v. Harris, 571 F.2d 590 (D.C. Cir. 1977).

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Cole v. Harris, 571 F.2d 590 (D.C. Cir. 1977). · cites it 5× “Subsequently, the District Court, with the consent of the parties, remanded the question of the disposition of Sky Tower to HUD for reconsideration in light of the concerns expressed in the court’s opinion on the preliminary injunction.”

Alexander v. United States Dep't of Hous. & Urban Dev., 441 U.S. 39 (1979). “” 42 U. S. C. § 4624 . The length-of-prior-occupancy requirement is 180 days for displaced homeowners and 90 days for displaced tenants.”

Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045 (3rd Cir. 1980). · cites it 2× “See 42 U.S.C. §§ 4624 & 4626 (1976) discussed and quoted infra.”

Moorer v. Dep't of Hous. & Urban Dev., 417 F. Supp. 1261 (W.D. Mo. 1976). · cites it 2× “42 U.S.C. § 4624 . 18 The Act further makes all these benefits available to any person displaced by a State acquisition where the property is furnished as a condition for participation in a Federal program or where the property is acquired by a State agency at the request of a…”

Bourne v. Schlesinger, 426 F. Supp. 1025 (E.D. Pa. 1977). · cites it 3× “§ 4623 , but that she could receive the lower payments awarded to a tenant pursuant to 42 U.S.C. § 4624 . In order to determine the amount to which plaintiff is entitled, the District Office requested plaintiff to provide a copy of the closing statement on the replacement…”

Paul Jensen & Ruby Jensen v. United States, 662 F.2d 664 (10th Cir. 1981). “The Government, after acquir *665 ing plaintiffs’ property for use in a major public works project, awarded plaintiffs only the limited tenant relocation benefits available under URA section 204, 42 U.S.C. § 4624 . Plaintiffs had sought the more comprehensive homeowner…”

Lake Park Home Owners' Ass'n v. United States Dep't of Hous. & Urban Dev., 443 F. Supp. 6 (S.D. Ohio 1976). “42 U.S.C. § 4624 provides for payment by the head of the federal agency of certain relocation expenses incurred by displaced persons who were tenants at the time of displacement.”

Moorer v. Dep't of Hous. & Urban Dev., 561 F.2d 175 (8th Cir. 1977). “” Section 204 of the URA, 42 U.S.C. § 4624 , “provides payments for tenants and for home owners, not eligible for assistance under Section 203 who are displaced from dwellings for Federal projects (Section 210 makes the same payments available to Federal financially assisted…”

Shephard v. Houma Terrebonne Hous. Auth. (E.D. La. 2023). · cites it 2× “” 42 U.S.C. § 4624 . A displaced person under the URA is a person who moves from real property “as a direct result of rehabilitation, demolition, or such other displacing activity .”

David R. Murray v. Otis R. Bowen, Sec'y of Health & Human Servs., 786 F.2d 940 (9th Cir. 1986). “Gov’t Code § 7264(b) (West 1980), with 42 U.S.C. § 4624 (1982). The federal program contains a provision excluding relocation payments from computation of income “for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the…”

Colon v. Fed. Reserve Bank of San Francisco, 538 F. Supp. 498 (N.D. Cal. 1982). “§ 4622 ) to all former Hotel tenants who vacated the building prior to February 1, 1978; (2) denying replacement housing payments ( 42 U.S.C. § 4624 ) to all former Hotel tenants who were not continuously in residence at the Hotel from August 13, 1974, to February 1, 1978; and…”

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