Title 42The Public Health and WelfareRelease 119-73

§4635 Planning and other preliminary expenses for additional housing

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 › § 4635

Last updated Apr 6, 2026|Official source

Summary

Federal agencies running a project can make or approve loans to help pay planning costs for building or fixing housing for people displaced by that project. Eligible borrowers are nonprofits, limited‑dividend groups, cooperatives, or public bodies. Loans can pay up to 80% of reasonable planning and financing costs before permanent financing is available. Examples of covered costs are market surveys, site engineering, early architect fees, buying a site, application and mortgage commitment fees, and construction loan fees or discounts. Loans to for‑profit organizations must carry a market interest rate set by the agency head. All other loans are interest‑free. The agency head must require repayment when the project is finished or sooner. For nonprofit or public borrowers, the agency may cancel part or all of the loan if a permanent loan cannot be obtained; it may not do that for for‑profit borrowers. When repaid, the federal share goes back to the account that made the loan, or to the Treasury as miscellaneous receipts if that account no longer exists.

Full Legal Text

Title 42, §4635

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

In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal financially assisted project, the head of the Federal agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtaining federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. Loans to an organization established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid shall be credited to the account from which such loan was made, unless the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4635

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73