Am I entitled to replacement housing if displaced by a federal highway project?

What the Law Says

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) establishes mandatory relocation assistance for individuals and businesses displaced by federal or federally funded projects—including highway construction. While 42 U.S.C. § 4601 is the definitions section, the operative provisions for replacement housing are found in §§ 4621–4638 of the same title. The URA requires agencies to provide fair and equitable assistance to ensure displaced persons can obtain comparable, decent, safe, and sanitary housing.

Under the URA, 'displaced person' means any person who moves from real property because of acquisition by a federal agency—or with federal funds—for a public use, including highways. You qualify if your move was required or substantially caused by the project.

Eligible households may receive: (1) reimbursement for moving expenses; (2) replacement housing payments (RHP) to cover the difference between your old and new housing costs; and (3) advisory services to locate suitable housing.

For homeowners, the RHP can cover up to $25,000 to offset increased mortgage, tax, or insurance costs for a replacement home. For renters, it can cover up to 100% of the difference between rent in the old and new unit—up to specified limits—and may include security deposits and utility hook-up fees.

Statutory Text

The term 'displaced person' means any person who, on or after January 2, 1971, moves from real property, or moves his personal property from real property, as a direct result of acquisition of such real property, in whole or in part, or as a direct result of rehabilitation, demolition, or other displacement activity carried out under a program of a Federal agency or with Federal financial assistance.

— 42 U.S.C. § 4601 — Definitions

What to Do

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