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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HUD’s position is that the tenants at Sky Tower are not “displaced persons” within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (the Uniform Relocation Act or the Act). Relying heavily upon the decisions of the Seventh Circuit in Alexander v. HUD,6 the Eighth Circuit in Harris v. Lynn7 and the Second Circuit in Caramico v. HUD8 HUD argues that the definition of a “program or project undertaken by a Federal agency” must be limited to “consciously and voluntarily undertaken public works projects.” HUD contends that in this ease the acquisition due to a default and foreclosure of an insured mortgage was random and involuntary and, therefore, should not be covered by the Uniform Relocation Act. Also, the acquisition was not for any “program or project” which HUD had in mind.

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