Title 42, The Public Health and WelfareRelease 119-102

§4635 Planning and Other Preliminary Expenses for Additional Housing

Title 42 › CHAPTER 61 — UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › SUBCHAPTER II — UNIFORM RELOCATION ASSISTANCE › § 4635

Last updated Aug 21, 2026|Official source

Summary

Allows the head of the federal agency running a project to make or approve preconstruction loans as part of the project costs to nonprofits, limited-dividend groups, cooperatives, or public agencies. The loans help pay for planning and getting mortgages insured by the federal government for housing for people displaced by the project. The loans can cover up to 80% of the reasonable expected planning and financing costs before permanent financing is in place. Examples of covered expenses include market studies, site work, architect fees, buying land, application and mortgage commitment charges, and construction loan fees. Loans to for-profit groups must carry a market interest rate set by the agency head. Other loans are interest-free. The agency head sets repayment rules and can require repayment when the project is finished or sooner. Except for loans to for-profit groups, the agency may cancel part or all of a loan if it finds that permanent financing cannot be obtained. When a loan is repaid, the federal share is returned to the account that made the loan, or if that account no longer exists, the money goes to the Treasury as miscellaneous receipts as the Secretary of the Treasury decides.

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 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102