Section 4625

Citation: Section 4625
Parent Document: Cole v. Harris, 187 U.S. App. D.C. 156 (1977)
Jurisdiction: United States (federal)
Effective Date: 1977-11-14
Original Source: https://www.courtlistener.com/opinion/7891523/cole-v-harris/ ↗

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Similarly misguided is the dissent’s reliance on § 217 of the Act, 42 U.S.C. § 4637 (1970). The dissent concludes that there would have been no need to enact § 217 if Congress had intended the notice clause to have its common sense meaning, since persons displaced under the programs referred to in this section “would undoubtedly have been given notices to vacate ‘for’ these projects and would have been qualified under the notice clause . ..” Dis. op. at 178 of 187 U.S.App.D.C., at 612 of 571 F.2d. The basis for this assertion is not apparent. In fact, written notice is not required by either program referred to in § 217. See 42 U.S.C. § 1455(c)(1) (1970) (title I of the Housing Act of 1949); 42 U.S.C. § 3307 (1970) (title I of the Demonstration Cities and Metropolitan Development Act of 1966). Congress could quite reasonably conclude that even under the *164notice definition it was uncertain that persons displaced by these programs would be eligible for benefits. The explanation for § 217 most congruent with the legislative purpose is that it was enacted “out of uncertainty, understandable caution, and a desire to avoid litigation.” National Petroleum Refiners Ass’n v. FTC, 157 U.S.App.D.C. 83, 107, 482 F.2d 672, 696 (1973), cert. denied, 415 U.S. 951, 94 S.Ct. 1475, 39 L.Ed.2d 567 (1974).

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