---
kind: "range"
citation: "42 U.S.C. §§ 4623–4626"
title: "42"
from: "4623"
to: "4626"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/42/4623..4626"
---

# §4623. Replacement housing for homeowner; mortgage insurance

- (a)
  - (1) In addition to payments otherwise authorized by this subchapter, the head of the [displacing agency](/usc/42/4601.md?p=11) shall make an additional payment not in excess of $31,000, as adjusted by regulation, in accordance with 4633(d)[^1] of this title, to any [displaced person](/usc/42/4601.md?p=6-A) who is displaced from a dwelling actually owned and occupied by such [displaced person](/usc/42/4601.md?p=6-A) 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](/usc/42/4601.md?p=11), equals the reasonable cost of a [comparable replacement dwelling](/usc/42/4601.md?p=10).
    - (B) The amount, if any, which will compensate such [displaced person](/usc/42/4601.md?p=6-A) for any increased interest costs and other debt service costs which such [person](/usc/42/4601.md?p=5) is required to pay for financing the acquisition of any such [comparable replacement dwelling](/usc/42/4601.md?p=10). Such amount shall be paid only if the dwelling acquired by the [displacing agency](/usc/42/4601.md?p=11) was encumbered by a bona fide [mortgage](/usc/42/4601.md?p=9) 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](/usc/42/4601.md?p=6-A) 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](/usc/42/4601.md?p=6-A) who purchases and occupies a decent, safe, and sanitary replacement dwelling within 1 year after the date on which such [person](/usc/42/4601.md?p=5) receives final payment from the [displacing agency](/usc/42/4601.md?p=11) for the acquired dwelling or the date on which the [displacing agency](/usc/42/4601.md?p=11)’s obligation under [section 4625(c)(3) of this title](/usc/42/4625.md?p=c-3) is met, whichever is later, except that the [displacing agency](/usc/42/4601.md?p=11) may extend such period for good [cause](/usc/42/9908.md?p=c-2). If such period is extended, the payment under this section shall be based on the costs of relocating the [person](/usc/42/4601.md?p=5) to a [comparable replacement dwelling](/usc/42/4601.md?p=10) within 1 year of such date.
- (b) The head of any [Federal agency](/usc/42/4601.md?p=1) may, upon application by a mortgagee, insure any [mortgage](/usc/42/4601.md?p=9) (including advances during [construction](/usc/42/7479.md?p=2-C)) on a [comparable replacement dwelling](/usc/42/4601.md?p=10) executed by a [displaced person](/usc/42/4601.md?p=6-A) assisted under this section, which [mortgage](/usc/42/4601.md?p=9) 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](/usc/42/4601.md?p=9) prior to the date of execution of the [mortgage](/usc/42/4601.md?p=9).

# §4624. Replacement housing for tenants and certain others

- (a) In addition to amounts otherwise authorized by this subchapter, the head of a [displacing agency](/usc/42/4601.md?p=11) shall make a payment to or for any [displaced person](/usc/42/4601.md?p=6-A) displaced from any dwelling not eligible to receive a payment under [section 4623 of this title](/usc/42/4623.md) which dwelling was actually and lawfully occupied by such [displaced person](/usc/42/4601.md?p=6-A) 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](/usc/42/4601.md?p=12) shall prescribe. Such payment shall consist of the amount necessary to enable such [person](/usc/42/4601.md?p=5) to lease or rent for a period not to exceed 42 months, a [comparable replacement dwelling](/usc/42/4601.md?p=10), but not to exceed $7,200, as adjusted by regulation, in accordance with [section 4633(d) of this title](/usc/42/4633.md?p=d). At the discretion of the head of the [displacing agency](/usc/42/4601.md?p=11), a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-[income](/usc/42/292s.md?p=c-4) [displaced person](/usc/42/4601.md?p=6-A) for a [comparable replacement dwelling](/usc/42/4601.md?p=10) shall take into account such [person](/usc/42/4601.md?p=5)’s [income](/usc/42/292s.md?p=c-4).
- (b) Any [person](/usc/42/4601.md?p=5) eligible for a payment under [subsection (a)](#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](/usc/42/4601.md?p=5) may, at the discretion of the head of the [displacing agency](/usc/42/4601.md?p=11), be eligible under this subsection for the maximum payment allowed under [subsection (a)](#a).

# §4625. Relocation planning, assistance coordination, and advisory services

- (a) **Planning of programs or projects undertaken by Federal agencies or with Federal financial assistance—** [Programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) undertaken by a [Federal agency](/usc/42/4601.md?p=1) or with [Federal financial assistance](/usc/42/4601.md?p=4) shall be planned in a manner that (1) recognizes, at an early stage in the planning of such [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20) and before the commencement of any actions which will [cause](/usc/42/9908.md?p=c-2) displacements, the problems associated with the displacement of individuals, [families](/usc/42/12704.md?p=11), [businesses](/usc/42/4601.md?p=7), and [farm operations](/usc/42/4601.md?p=8), and (2) provides for the resolution of such problems in order to minimize adverse impacts on [displaced persons](/usc/42/4601.md?p=6-A) and to expedite [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) advancement and completion.
- (b) **Availability of advisory services—** The head of any [displacing agency](/usc/42/4601.md?p=11) shall ensure that the relocation assistance advisory services described in [subsection (c)](#c) of this section are made available to all [persons](/usc/42/4601.md?p=5) displaced by such agency. If such agency head determines that any [person](/usc/42/4601.md?p=5) 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](/usc/42/4601.md?p=5) such advisory services.
- (c) **Measures, facilities, or services; description—** Each relocation assistance advisory [program](/usc/42/274l–1.md?p=4) required by [subsection (b)](#b) of this section shall include such measures, [facilities](/usc/42/11049.md?p=4), 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](/usc/42/4601.md?p=6-A) for relocation assistance;
  - (2) provide current and continuing information on the availability, sales prices, and rental charges of [comparable replacement dwellings](/usc/42/4601.md?p=10) for displaced homeowners and tenants and suitable locations for [businesses](/usc/42/4601.md?p=7) and [farm operations](/usc/42/4601.md?p=8);
  - (3) assure that a [person](/usc/42/4601.md?p=5) shall not be required to move from a dwelling unless the [person](/usc/42/4601.md?p=5) has had a reasonable opportunity to relocate to a [comparable replacement dwelling](/usc/42/4601.md?p=10), except in the case of—
    - (A) a [major disaster](/usc/42/5302.md?p=a-25) as defined in [section 5122(2) of this title](/usc/42/5122.md?p=2);
    - (B) a national emergency declared by the President; or
    - (C) any other emergency which requires the [person](/usc/42/4601.md?p=5) to move immediately from the dwelling because continued occupancy of such dwelling by such [person](/usc/42/4601.md?p=5) constitutes a substantial danger to the health or safety of such [person](/usc/42/4601.md?p=5);
  - (4) assist a [person](/usc/42/4601.md?p=5) displaced from a [business](/usc/42/4601.md?p=7) or [farm operation](/usc/42/4601.md?p=8) in obtaining and becoming established in a suitable replacement location;
  - (5) supply (A) information concerning other Federal and [State](/usc/42/4601.md?p=2) [programs](/usc/42/274l–1.md?p=4) which may be of assistance to [displaced persons](/usc/42/4601.md?p=6-A), and (B) technical assistance to such [persons](/usc/42/4601.md?p=5) in applying for assistance under such [programs](/usc/42/274l–1.md?p=4); and
  - (6) provide other advisory services to [displaced persons](/usc/42/4601.md?p=6-A) in order to minimize hardships to such [persons](/usc/42/4601.md?p=5) in adjusting to relocation.
- (d) **Coordination of relocation activities with other Federal, State, or local governmental actions—** The head of a [displacing agency](/usc/42/4601.md?p=11) shall coordinate the relocation activities performed by such agency with other Federal, [State](/usc/42/4601.md?p=2), 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](/usc/42/4601.md?p=1) provide financial assistance to a [displacing agency](/usc/42/4601.md?p=11) other than a [Federal agency](/usc/42/4601.md?p=1), to implement functionally or geographically related activities which will result in the displacement of a [person](/usc/42/4601.md?p=5), the heads of such [Federal agencies](/usc/42/4601.md?p=1) 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](/usc/42/1320b–8.md?p=a-3-A) cannot be reached, then the head of the [lead agency](/usc/42/4601.md?p=12) 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](/usc/42/2304.md?p=m) [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) 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](/usc/42/4601.md?p=1), in any case in which a [displacing agency](/usc/42/4601.md?p=11) acquires property for a [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20), any [person](/usc/42/4601.md?p=5) 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](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) shall be eligible for advisory services to the extent determined by the [displacing agency](/usc/42/4601.md?p=11).

# §4626. Housing replacement by Federal agency as last resort

- (a) If a [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) undertaken by a [Federal agency](/usc/42/4601.md?p=1) or with [Federal financial assistance](/usc/42/4601.md?p=4) cannot proceed on a timely basis because [comparable replacement dwellings](/usc/42/4601.md?p=10) are not available, and the head of the [displacing agency](/usc/42/4601.md?p=11) determines that such dwellings cannot otherwise be made available, the head of the [displacing agency](/usc/42/4601.md?p=11) may take such action as is necessary or appropriate to provide such dwellings by use of [funds](/usc/42/12854.md?p=3) authorized for such [project](/usc/42/11360.md?p=20). The head of the [displacing agency](/usc/42/4601.md?p=11) may use this section to exceed the maximum amounts which may be paid under sections [4623](/usc/42/4623.md) and [4624](/usc/42/4624.md) of this title on a case-by-case basis for good [cause](/usc/42/9908.md?p=c-2) as determined in accordance with such regulations as the head of the [lead agency](/usc/42/4601.md?p=12) shall issue.
- (b) No [person](/usc/42/4601.md?p=5) shall be required to move from his dwelling on account of any [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) undertaken by a [Federal agency](/usc/42/4601.md?p=1) or with [Federal financial assistance](/usc/42/4601.md?p=4), unless the head of the [displacing agency](/usc/42/4601.md?p=11) is satisfied that comparable replacement [housing](/usc/42/1490p–2.md?p=r-3) is available to such [person](/usc/42/4601.md?p=5).

