42 U.S.C. § 4605 — Displaced persons not eligible for assistance

FEDERAL · 42 U.S.C. · Chapter 61

Displaced persons not eligible for assistance

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 61 — UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS·Subch. I

(a)In general Except as provided in subsection (c), a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.

(b)Determinations of eligibility

(1)Promulgation of regulations Not later than 1 year after November 21, 1997, after providing notice and an opportunity for public comment, the head of the lead agency shall promulgate regulations to carry out subsection (a).

(2)Contents of regulations Regulations promulgated under paragraph (1) shall—

(A)prescribe the processes, procedures, and information that a displacing agency must use in determining whether a displaced person is an alien not lawfully present in the United States;

(B)prohibit a displacing

Free access — add to your briefcase to read the full text and ask questions with AI

(a) In general
Except as provided in subsection (c), a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.
(b) Determinations of eligibility
(1) Promulgation of regulations
Not later than 1 year after November 21, 1997, after providing notice and an opportunity for public comment, the head of the lead agency shall promulgate regulations to carry out subsection (a).
(2) Contents of regulations
Regulations promulgated under paragraph (1) shall—
(A) prescribe the processes, procedures, and information that a displacing agency must use in determining whether a displaced person is an alien not lawfully present in the United States;
(B) prohibit a displacing agency from discriminating against any displaced person;
(C) ensure that each eligibility determination is fair and based on reliable information; and
(D) prescribe standards for a displacing agency to apply in making determinations relating to exceptional and extremely unusual hardship under subsection (c).
(c) Exceptional and extremely unusual hardship
If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under subsection (a) would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (a).
(d) Limitation on statutory construction
Nothing in this section affects any right available to a displaced person under any other provision of Federal or State law.

42 U.S.C. § 4605 (Displaced persons not eligible for assistance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 91–646, title I, §104, as added Pub. L. 105–117, §1, Nov. 21, 1997, 111 Stat. 2384.)

Editorial Notes

Editorial Notes

References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.