42 U.S.C. § 4624 — Replacement housing for tenants and cer-

Page 6203 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4624 Stat. 251; Pub. L. 112–141, div. A, title I, § 1521(b), July 6, 2012, 126 Stat. 578.) Editorial Notes AMENDMENTS 2012—Subsec. (a)(1). Pub. L. 112–141, in first sentence, substituted ‘‘$31,000, as adjusted by regulation, in ac- cordance 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), sub- stituted ‘‘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 dwell- ing which is a decent, safe, and sanitary dwelling ade- quate to accommodate such displaced person, reason- ably accessible to public services and places of employ- ment and available on the private market. All deter- minations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the addi- tional payment’’. Subsec. (a)(1)(B). Pub. L. 100–17, § 406(4), added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘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 acquisi- tion 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 re- placement dwelling which is equal to the unpaid bal- ance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwell- ing, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on sav- ings 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 pur- chases 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 re- ceives 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 Subsidiaries EFFECTIVE 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 sec- tion 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 sec- tion 4601 of this title. § 4624. Replacement housing for tenants and cer- tain others (a) In addition to amounts otherwise author- ized by this subchapter, the head of a displacing agency shall make a payment to or for any dis- placed 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 dis- placement 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 dwell- ing. 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 Notes AMENDMENTS 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 pe- riod at end of second sentence for ‘‘, except that, in the case of a displaced homeowner who has owned and oc- cupied 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 sec- tion 4623(a) of this title had the person owned and occu- pied the displacement dwelling 180 days immediately prior to the initiation of such negotiations.’’ 1987—Pub. L. 100–17 amended section generally, revis- ing and restating as subsecs. (a) and (b) provisions for- merly contained in introductory provisions and in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE 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 sec- tion 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 sec- tion 4601 of this title. Page 6204 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4625 § 4625. Relocation planning, assistance coordina- tion, and advisory services (a) Planning of programs or projects undertaken by Federal agencies or with Federal finan- cial 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 pro- grams 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 op- erations, and (2) provides for the resolution of such problems in order to minimize adverse im- pacts on displaced persons and to expedite pro- gram 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 adja- cent to the property where the displacing activ- ity 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; description Each 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 rec- ommendations on, the needs and preferences, if any, of displaced persons for relocation as- sistance; (2) provide current and continuing informa- tion on the availability, sales prices, and rent- al charges of comparable replacement dwell- ings 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) tech- nical assistance to such persons in applying for assistance under such programs; and (6) provide other advisory services to dis- placed 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 coordi- nate the relocation activities performed by such agency with other Federal, State, or local gov- ernmental 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 pro- vide financial assistance to a displacing agency other than a Federal agency, to implement func- tionally or geographically related activities which will result in the displacement of a per- son, the heads of such Federal agencies may agree that the procedures of one of such agen- cies shall be utilized to implement this sub- chapter 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 activi- ties shall constitute a single program or project for purposes of this chapter. (f) Tenants occupying property acquired for pro- grams 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 Notes REFERENCES 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 As- sistance 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 plan- ning, assistance coordination, and advisory services’’ for ‘‘Relocation assistance advisory services’’ in catch- line and amended text generally, revising and restating as subsecs. (a) to (f) provisions formerly contained in subsecs. (a) to (d). Statutory Notes and Related Subsidiaries 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 sec- tion 4601 of this title.