Demolition and large-scale “modernization” of subsidized housing projects have resulted in the displacement and relocation of thousands of residents. Subsidized tenants displaced by redevelopment may be entitled to relocation benefits under the Uniform Relocation Act (URA).1 The federal Fifth Circuit Court of Appeals rendered an opinion in 2022 that limits the definition of "displaced person" under the URA.2
Some of the benefits to which residents are entitled under the URA include a comparable replacement dwelling (which may be another subsidized unit or a voucher),3 relocation advisory services and counseling,4 replacement housing payments for up to 42 months,5 and money to cover moving expenses.6
Some of the benefits to which residents are entitled under the URA include active participation in the revitalization effort; notice clarifying residents’ right to return, that most displacements will be permanent, not temporary, and that benefits will be paid for moves; comparable replacement housing including other public housing, a Section 8 voucher, or some other option; adequate counseling regarding housing options; assistance in locating other housing; relocation benefits, which may include payments up to $125 per month for a maximum of 42 months after displacement;7 and notice of appeal rights.8
Note that demolition or disposition of traditional public housing is governed by Section 18 of the Housing Act of 1937, and the URA does not apply.9 However Section 18 has its own relocation assistance requirements that are similar to the URA.
- 142 U.S.C. § 4601, et seq.; 49 C.F.R. § 24.201, et seq. (relocation requirements); see generally U.S. Dep’t of Hous. & Urb. Dev., Handbook 1378, Tenant Assistance, Relocation and Real Property Acquisition Handbook (2019).
- 2Jackson v. U.S. Dep’t of Hous. & Urb. Dev., 38 F.4th 463 (5th Cir. 2022).
- 342 U.S.C. §§ 4601(10), 4625(c)(3); 49 C.F.R. § 24.2(a)(6).
- 449 C.F.R. § 24.205(c)(2)(ii)–(iv).
- 524 C.F.R. § 24.402(b).
- 649 C.F.R. § 24.301.
- 742 U.S.C. 4624(a); see Renfroe v. Hous. Auth. of New Orleans, No. 2003-3613, 2004 WL 1630496 (E.D. La. July 14, 2004); Relocation—Federal Law, 34 Hous. L. Bull. 171 (2004).
- 8If the displacing agency fails to notify the resident of these appeal rights, the resident is not required to exhaust administrative remedies when seeking enforcement of the Uniform Relocation Act prior to filing suit in court. See Renfroe, 2004 WL 1630496; Relocation—Federal Law, supra.
- 942 U.S.C. § 1437p; 24 C.F.R. § 970, et seq.