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
Original Source
https://www.courtlistener.com/opinion/7891523/cole-v-harris/ ↗

Other Sections in This Document (158)

Full Text

1,061 chars 
In Caramico v. HUD, supra, residents of housing units in low income areas were evicted by mortgagees seeking to recover on their mortgage insurance following default. Under FHA regulations, recovery required that the mortgagee tender possession of the property unoccupied to FHA, although FHA could waive the requirement in particular cases. Although FHA had acquired the properties in Caramico, thus compelling the residents to move prior to the acquisition, the Second Circuit did not consider the acquisition as being “for a program or project undertaken by a Federal agency, or with Federal financial assistance.” Drawing upon the legislative history as well as other provisions of the Uniform Relocation Act, Caramico read the “program” definition as “contemplatfing] normal government acquisitions, which are the result of conscious decisions to build a highway here or a housing project or hospi*170tal there.”17 Acquisitions due to defaults and foreclosures, being involuntary and random, were not judged by Caramico as being for “a program or project.”