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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)

Citation
Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Parent Document
Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Effective Date
1986-04-21

Other Sections in This Document (44)

Full Text

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22
The DDA Act does not direct the DDA to conduct its inquiry into the existence and nature of alternative accommodations in any particular way, other than by requiring it to hold a public hearing on the renewal project. Nor does it direct that the DDA ensure adequate alternative accommodations through any particular means. The DDA is left with the discretion to conduct fact-finding and to provide necessary relocation assistance in the manner it deems best. However, the DDA has no discretion to decide not to conduct a public hearing or make the finding of adequate alternative accommodations. Once the DDA determines that adequate alternative accommodations are not available, it must find or create such housing before it may proceed with the renewal project. It must assist displacees in relocating to avoid causing them undue hardship. Once the inquiry to assess the need for relocation assistance has been completed, the DDA is left with no discretion to decide whether to provide assistance. It is left only with the discretion to decide how to provide assistance or to forego undertaking the renewal project. Persons displaced by a renewal project are thus entitled to feasible relocation, but they are entitled only to that kind and amount of assistance found by the DDA to be necessary to ensure their relocation in "decent, safe and sanitary dwelling accommodations within their means and without undue hardship."