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Title 42 — The Public Health and WelfareRelease 119-73

§4626 Housing replacement by Federal agency as last resort

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 › § 4626

Last updated Apr 6, 2026|Official source

Summary

If a federal project can't go ahead on time because similar replacement housing isn't available, the head of the agency that is causing the move may use money approved for the project to provide that housing. The agency may, in individual cases and for good reason, pay more than the limits set in sections 4623 and 4624, following rules the lead agency must issue. No one can be forced to move for a federal project unless the agency head is satisfied that similar replacement housing is available to that person.

Full Legal Text

Title 42, §4626

The Public Health and Welfare — Source: USLM XML via OLRC

(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 section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—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 Subsidiaries

Effective 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4626

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73