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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4625

Citation
Section 4625
Parent Document
Cole v. Harris, 187 U.S. App. D.C. 156 (1977)
Effective Date
1977-11-14

Other Sections in This Document (158)

Full Text

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Moreover, it is clear that the Sky Tower tenants were ordered to vacate their apartments “for a program or project undertaken by a Federal agency,” namely, the demolition of the buildings. Although there is some suggestion in the government’s brief that a “program or project” means only “a federal construction or rehabilitation project, such as public works or urban renewal, 25 there is no warrant m the statute for this limiting interpretation. Obviously, construction and rehabilitation projects will frequently be preceded by demolition. If the government means that demolition is a “project” within the Act when the agency constructs a building in its place but not when the agency simply tears down without building up, the anomaly is obvious. HUD’s mandate is to increase the stock of decent, sanitary housing for low-income families — not to destroy existing housing. Congress clearly did not intend that tenants displaced by a simple decision to wreck their homes would receive less protection than tenants displaced by a constructive urban renewal project.