42 U.S.C. § 4625

Relocation planning, assistance coordination, and advisory services

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) Planning of programs or projects undertaken by Federal agencies or with Federal financial assistance

Programs or projects undertaken by a Federal agency or with Federal financial assistance shall be planned in a manner that (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

(b) Availability of advisory services

The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services.

(c) Measures, facilities, or services; descriptionEach relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to—(1) determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;(2) provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;(3) assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of—(A) a major disaster as defined in section 5122(2) of this title;(B) a national emergency declared by the President; or(C) any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person;(4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;(5) supply (A) information concerning other Federal and State programs which may be of assistance to displaced persons, and (B) technical assistance to such persons in applying for assistance under such programs; and(6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation.(d) Coordination of relocation activities with other Federal, State, or local governmental actions

The head of a displacing agency shall coordinate the relocation activities performed by such agency with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.

(e) Selection of implementation procedures

Whenever two or more Federal agencies provide financial assistance to a displacing agency other than a Federal agency, to implement functionally or geographically related activities which will result in the displacement of a person, the heads of such Federal agencies may agree that the procedures of one of such agencies shall be utilized to implement this subchapter with respect to such activities. If such agreement cannot be reached, then the head of the lead agency shall designate one of such agencies as the agency whose procedures shall be utilized to implement this subchapter with respect to such activities. Such related activities shall constitute a single program or project for purposes of this chapter.

(f) Tenants occupying property acquired for programs or projects; eligibility for advisory services

Notwithstanding section 4601(1) of this title, in any case in which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.

(Pub. L. 91–646, title II, § 205, Jan. 2, 1971, 84 Stat. 1897; Pub. L. 100–17, title IV, § 408, Apr. 2, 1987, 101 Stat. 252.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.

Amendments

1987—Pub. L. 100–17, substituted “Relocation planning, assistance coordination, and advisory services” for “Relocation assistance advisory services” in catchline and amended text generally, revising and restating as subsecs. (a) to (f) provisions formerly contained in subsecs. (a) to (d).

Statutory Notes and Related SubsidiariesEffective 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 35 cases, 1971–2018 · leading case: Dean v. Martinez, 336 F. Supp. 2d 477 (D. Maryland 2004).

Sort: Relevance Newest Treatment

Dean v. Martinez, 336 F. Supp. 2d 477 (D. Maryland 2004). · cites it 3× “The URA and associated regulations require that HUD, among other things, determine the needs, and preferences of displaced persons with respect to relocation assistance, 42 U.S.C. § 4625 (c)(1); see also 49 C.F.”

Clear Sky Car Wash, LLC v. City of Chesapeake, 910 F. Supp. 2d 861 (E.D. Va. 2012). · cites it 4× “” 42 U.S.C. § 4625 (c)(4); see also Am. Dry Cleaners, 722 F.”

Delancey v. City of Austin, 570 F.3d 590 (5th Cir. 2009). · cites it 3× “rges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; (4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location; (5)…”

Alexander v. United States Dep't of Hous. & Urban Dev., 441 U.S. 39 (1979). · cites it 2× “1897 , 42 U. S. C. § 4625 . If the tenants’ broad construction of the written order clause were correct, certain individuals would qualify as displaced persons within the meaning of § 101 (6), but the lack of an acquisition would preclude them from receiving benefits under §§202…”

Urban Renewal Agency v. Lackey, 549 P.2d 657 (Or. 1976). “Defendants counterclaimed for damages, alleging: (1) that under the terms of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 USC § 4625 (1970)) the Agency had a duty to assist them in obtaining and becoming established in a replacement…”

Raul Espino, Jr., Etc. v. Raul Besteiro, 708 F.2d 1002 (5th Cir. 1983). “1977) (plaintiff prevailed under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. §§ 4625 , 4630 (West 1977)); Southeast Legal Defense Group v.”

Berberich v. United States, 5 Cl. Ct. 652 (Ct. Cl. 1984). · cites it 2× “The Corps’ condemnation of the Town’s municipal facilities, streets, alleys and utilities, assertedly amounts to a constructive eviction in which the relocation assistance services required by the Policies Act in 42 U.S.C. § 4625 (c)(3) were not provided.”

Barry Farm Tenants & Allies Ass'n v. DC Zoning Comm'n / A&R Dev. Corp, 182 A.3d 1214 (D.C. 2018). “19 42 U.S.C. § 4625 (d) states: "The head of a displacing agency shall coordinate the relocation activities performed by such agency with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation…”

Munoz v. City of Philadelphia, 346 F. App'x 766 (3rd Cir. 2009). · cites it 4× “3 The complaint included a claim that 42 U.S.C. § 4625 (a), a part of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), required the City to provide the Munozes *769 with timely notice of its plans and an offer of just compensation.”

Pietroniro v. Borough of Oceanport, 764 F.2d 976 (3rd Cir. 1985). · cites it 5× “§ 1455 (c)(1) (1982), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4625 and the applicable federal regulations, 24 C.”

Cmty. Redevelopment Agency v. Abrams, 543 P.2d 905 (Cal. 1975). “5), and advisory services ( 42 U.S.C. § 4625 ; Gov. Code, § 7261). As to the matter of business relocation, the acts provide for in lieu payment (based upon average net earnings) of up to $10,000 in cases wherein the business cannot be relocated without substantial loss of…”

Battison v. City of Niles, Ohio, 445 F. Supp. 1082 (N.D. Ohio 1977). · cites it 3× “unless he receives statutory assurances from such State agency that— (2) relocation assistance programs offering the services described in section 205 [ 42 U.S.C. § 4625 ] shall be provided to such displaced persons.”

Show all 35 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.