U.S. Code
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Title 42
» Chapter CHAPTER 61— UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER II— UNIFORM RELOCATION ASSISTANCE
42 U.S.C. § 4626
Housing replacement by Federal agency as last resort
(a) If a program or project undertaken by a Federal agency or with Federal financial assistance cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under sections 4623 and 4624 of this title on a case-by-case basis for good cause as determined in accordance with such regulations as the head of the lead agency shall issue.(b) No person shall be required to move from his dwelling on account of any program or project undertaken by a Federal agency or with Federal financial assistance, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person.(Pub. L. 91–646, title II, § 206, Jan. 2, 1971, 84 Stat. 1898; Pub. L. 100–17, title IV, § 409, Apr. 2, 1987, 101 Stat. 253.)Editorial NotesAmendments1987—Subsec. (a). Pub. L. 100–17 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “If a Federal project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the Federal agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project.”
Subsec. (b). Pub. L. 100–17 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No person shall be required to move from his dwelling on or after January 2, 1971, on account of any Federal project, unless the Federal agency head is satisfied that replacement housing, in accordance with section 4625(c)(3) of this title, is available to such person.”
Statutory Notes and Related SubsidiariesEffective Date of 1987 AmendmentAmendment 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
10
cases (
1 in the last 5 years), 1970–2025 · leading case:
Cole v. Harris, 571 F.2d 590 (D.C. Cir. 1977).
Cole v. Harris, 571 F.2d 590 (D.C. Cir. 1977).
· cites it 3× “42 U.S.C. § 4626 (b) (1970). . 42 U.S.C. § 4601 (6) (1970).”
Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045 (3rd Cir. 1980).
“42 U.S.C. § 4626 (1976). A HUD regulation likewise specifies that, with certain exceptions, new housing may only be erected as a last resort.”
Moorer v. Dep't of Hous. & Urban Dev., 417 F. Supp. 1261 (W.D. Mo. 1976).
“42 U.S.C. § 4626 . 17 . That section provides in relevant part as follows: (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displacement of any person on or after January 2, 1971, the head of…”
Mejia v. United States Dep't of Hous. & Urban Dev., 518 F. Supp. 935 (N.D. Ill. 1981).
“The plaintiffs suggest that in this situation, the City must provide the replacement housing in the immediate neighborhood under its “houser of last resort” authority in 42 U.S.C. § 4626 (a); 24 C.F.R. § 42.601 et seq.”
Cole v. Harris, 571 F.2d 613 (D.C. Cir. 1977).
“42 U.S.C. §§ 4626 (b) and 4625(c)(3) (1970).”
Mejia v. Us Dept. of Hous. & Urban Develop., 518 F. Supp. 935 (N.D. Ill. 1981).
“The plaintiffs suggest that in this situation, the City must provide the replacement housing in the immediate neighborhood under its "houser of last resort" authority in 42 U.S.C. § 4626 (a); 24 C.F.R. § 42.601 et seq.”
Serna v. City of Colorado Springs (10th Cir. 2025).
“Plaintiffs seize on a single phrase in the URA—“[n]o person shall be required to move,” 42 U.S.C. § 4626 (b)—to argue that Congress intended to create a private right of action.”
Santiago Acevedo v. Soler Aquino, 109 P.R. Dec. 766 (1980).
“(4) La ley federal requiere que las agencias establezcan servicios de asistencia y asesoría para relocalización, y pormenoriza varias medidas a incluirse y los servicios a ofrecerse, 42 U.S.C. § 4626 . Alexander v. U.S. Dept.”
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.