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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The majority opinion argues that “the mandate of the Act is precisely contrary: if the costs are too much for HUD, then the demolition should not take place.”19 This statement once again blithely ignores the issue that the majority would fain forget: that this “acquisition,” and the subsequent action by HUD, was compelled, was involuntary, and thus was not for a “project or program” within the meaning of the Act. The undisputed facts here show that HUD was forced by the mortgagee to take over Sky Tower, was confronted with a situation under which the housing could not be rehabilitated and then rented at rates permissible under the regulations,20 and hence, more than a year after the involuntary acquisition, was forced to go the route of demolition preparatory to building something economically viable. This case is a good illustration of why Congress did not in the statute, either under the “acquisition” or the “notice” clause, compel HUD to pay relocation benefits in such an involuntary— and financially incalculable — situation. The majority’s verbal shrug of the shoulders — “if the costs are too much for HUD, then . . ” — is an attempted brushoff of some very weighty practical operating budget considerations to which Congress, if it had desired to do what the majority claims it did, would have been compelled to give serious and detailed attention.

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