See also: URBAN RENEWAL Compensation of condemnees-Title IV, Housing and Urban Develop ment Act of 1965_. Demonstration cities programs Federal enabling legislation for territories__ Rural renewal-Bankhead-Jones Farm Tenant Act---- p. 466 p. 279 p. 470 p. 670 7 U.S.C. 1011 TITLE I, HOUSING ACT OF 1949, AS AMENDED [Public Law 171, 81st Congress; 63 Stat. 413, 414; 42 U.S.C. 1450] TITLE I-SLUM CLEARANCE AND URBAN RENEWAL URBAN RENEWAL FUND 1 SEC. 100. The authorizations, funds, and appropriations available pursuant to sections 102 and 103 hereof shall constitute a fund, to be known as the "Urban Renewal Fund", and shall be available for advances, loans, and grants to local public agencies for urban renewal projects in accordance with the provisions of this title, and all contracts, obligations, assets, and liabilities existing under or pursuant to said sections prior to the enactment of the Housing Act of 1954 are hereby transferred to said Fund. LOCAL RESPONSIBILITIES SEC. 101. (a) In entering into any contract for advances for surveys, plans, and other preliminary work for projects under this title or2 for grants pursuant to section 103 (d), the Administrator shall give consideration to the extent to which appropriate local public bodies have undertaken positive programs (through the adoption, modernization, administration, and enforcement of housing, zoning, building and other local laws, codes and regulations relating to land use and adequate standards of health, sanitation, and safety for buildings, including the use and occupancy of dwellings) for (1) preventing the spread or recurrence in the community of slums and blighted areas, and (2) encouraging housing cost reductions through the use of appropriate new materials, techniques, and methods in land and residential planning, design, and construction, the increase of efficiency in residential construction, and the elimination of restrictive practices which unnecessarily increase housing costs. (b) In the administration of this title, the Administrator shall encourage the operations of such local public agencies as are established 1 Sec. 417 (1), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 676, substituted "grants" for "capital grants". 2 Sec. 417(2), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 677, inserted "or for grants pursuant to secton 103 (d)". 1 on a State, or regional (within a State), or unified metropolitan basis or as are established on such other basis as permits such agencies to contribute effectively toward the solution of community development or redevelopment problems on a State, or regional (within a State), of unified metropolitan basis. The Administrator shall particularly encourage the utilization of local public agencies established by the States to operate on a statewide basis in behalf of smaller communities within the State which are undertaking or propose to undertake urban renewal programs whenever that arrangement facilitates the undertaking of an urban renewal program by any such community, or provides an effective solution to community development or redevelopment problems in such communities, and is approved by resolution or ordinance of the governing bodies of the affected communities. (c) No contract shall be entered into for any loan or capital grant under this title, or for annual contributions or capital grants pursuant to the United States Housing Act of 1937, as amended, for any project or projects not constructed or covered by a contract for annual contributions prior to August 1, 1956, and no mortgage shall be insured, and no commitment to insure a mortgage shall be issued, under section 220 or section 221(d) (3)2 of the National Housing Act, as amended, unless (1) there is presented to the Administrator by the locality a workable program for community improvement 3 (which shall include an official plan of action, as it exists from time to time, for effectively dealing with the problem of urban slums and blight within the community and for the establishment and preservation of a wellplanned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life) for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforesaid activities or other feasible community activities as may be suitably employed to achieve the objectives of such a program, and (2) on the basis of his review of such program, the Administrator determines that such program meets the requirements of this subsection and certifies to the constituent agencies affected that the Federal asistance may be made available in such community: Provided, That this sentence shall not apply to the insurance of, or commitment to insure, a mortgage under (i) section 220 of the National Housing Act, as amended, if the mortgaged property is in an area referred to in clause (A) (i) of paragraph (1) of section 220 (d)1 of the National Housing Act, or (ii) section 221(d) (3) of the National Housing Act if payments with respect to the mortgaged property are made or are to be made under section 101 of the Housing and Urban 5 1 This sentence added by sec. 401, Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 670. 2 Sec. 101(b)(1), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 153, substituted "section 221(d) (3)" for "221". 3 Sec. 314 (a), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 172, inserted "for community improvement". Sec. 101 (b) (2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 153, deleted the words "or under section 221" and "if the mortgaged property is in an area described in clause (3) of section 221 (a) of said Act, or in a community referred to in clause (2) (B) of said section:", 5 Sec. 101 (f), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 453, added the remainder of this proviso. Development Act of 1965, except that no such mortgage shall be insured, and no commitment to insure such a mortgage shall be issued, with respect to property in any community for which a workable program for community improvement was required and in effect at the time a contract for a loan or capital grant was entered into under this title, or a contract for annual contributions or capital grants was entered into pursuant to the United States Housing Act of 1937, unless there is a workable program for community improvement which meets the requirements of this subsection in effect in such community at the time of such insurance or commitment: 1 Provided further,2 That commencing three years after the date of enactment of the Housing Act of 1964,3 no workable program shall be certified or re-certified unless (A) the locality has had in effect, for at least six months prior to such certification or re-certification, a minimum standards housing code, related but not limited to health, sanitation, and occupancy requirements, which is deemed adequate by the Administrator, and (B) the Administrator is satisfied that the locality is carrying out an effective program of enforcement to achieve compliance with such housing code. Notwithstanding any other provision of law, in the case of a contract with an Indian tribe, band, or nation (or a public housing or other public agency for such tribe, band, or nation established under State or tribal law), the workable program and minimum standards housing code, referred to in the preceding sentence, may be presented to the Administrator by such tribe, band, or nation, and it shall be subject to the requirements of law with respect to such program and code only to the extent that such tribe, band, or nation has the legal jurisdiction and power to carry out such requirements. 4 (d) The Administrator is authorized to establish facilities (1) for furnishing to communities, at their request, an urban renewal service to assist them in the preparation of a workable program as referred to in the preceding subsection and to provide them with technical and professional assistance for planning and developing local urban_renewal programs (including rehabilitation projects requiring no additional assistance under this title or self-liquidating redevelopment projects), and (2) for the assembly, analysis and reporting of information pertaining to such programs. (e) No loan or grant contract may be entered into by the Administrator for an urban renewal project unless he determines that (1) the workable program for community improvement presented by the local 1 Sec. 7(d), Department of Housing and Urban Development Act, Public Law 89-174, approved September 9, 1965, 79 Stat. 667, 670, repealed the proviso that in general prohibited delegations of authority to (1) approve the workable program of a locality for dealing with problems of slums and blight, (2) certify that Federal assistance for urban renewal enumerated under sec. 101 (c) may be made available to a community, and (3) determine that the relocation requirements of sec. 105 (c) have been met. 2 Sec. 301(a), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 785, added this proviso. 3 September 2, 1964. This sentence added by sec. 302(b), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 474. 5 Sec. 302, Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769. 785, inserted this parenthetical phrase. Sec. 302 (a) (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 474, added subsection (e). Sec. 302 (a) (2) of the Housing and Urban Development Act of 1965 provided that the requirements imposed by subsection (e) shall not be applicable to any project which received Federal recognition prior to the date of the enactment of this Act (August 10, 1965). ity pursuant to subsection (c) is of sufficient scope and content to furnish a basis for evaluation of the need for the urban renewal project; and (2) such project is in accord with the program. 2 LOANS SEC. 102. (a) To assist local communities in the elimination of slums and blighted or deteriorated or deteriorating areas, in preventing the spread of slums, blight or deterioration, and in providing maximum opportunity for the redevelopment, rehabilitation, and conservation of such areas by private enterprise, the Administrator may make temporary and definitive loans to local public agencies in accordance with the provisions of this title for the undertaking of urban renewal projects. Such loans (outstanding at any one time) shall be in such amounts not exceeding the estimated expenditures to be made by the local public agency for 1 such purposes, bear interest at such rate (not less than the applicable going Federal rate), be secured in such manner and be repaid within such period (not exceeding, in the case of definitive loans, forty years from the date of the bonds or other obligations evidencing such loans), as may be deemed advisable by the Administrator. In any case where, in connection with its undertaking and carrying out of an urban renewal project, a local public agency is authorized (under the circumstances in which the temporary loan herein provided is requested) to acquire real property in the urban renewal area, the Administrator, in addition to all other authority under this title and notwithstanding any other provisions of this title, regardless of the stage of development of the urban renewal plan and whether before or after the approval thereof, may make a temporary loan or loans to any such local public agency to finance the acquisition of such real property: Provided, That no loan for such purpose shall be made unless (1) the governing body of the locality involved shall have approved by resolution or ordinance the acquisition of real property in the urban renewal area, and (2) either (A) the Administrator shall have determined that such loan is reasonably secured by a first mortgage or other prior lien upon such real property or is otherwise reasonably secured, or (B) the governing body of the locality shall have assumed the responsibility to bear any loss that may arise as the result of such acquisition in the event that the property so acquired is not used for urban renewal purposes because the urban renewal plan for the project is not approved, or is amended to omit any of the acquired property, or is abandoned for any reason: Provided further, That the Administrator may, in his discretion and subject to such conditions as he may impose, permit any structure so acquired to be demolished and removed, and may include in any loan authorized by this section the cost of such demolition and removal, together with administrative, relocation, and other related costs and payments, if the approval of the local governing body extends to such demolition and 1 Sec. 402 (a), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 671, substituted "for such purposes" for "as part of the gross project cost". 2 This sentence added by sec. 403, Housing Act of 1959, Public Law 86-372, approved September 23. 1959, 73 Stat. 654, 671. Sec. 314(b), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 172, inserted the language permitting the inclusion of "administrative, relocation, and other related costs and payments.". removal: And provided further, That the loan contract shall provide that the local public agency shall not dispose of such real property (except in lieu of foreclosure) until the local governing body of the locality involved shall have either approved the urban renewal plan for the project or consented to the disposal of such real property.1 Notwithstanding any other provision of this title, the Administrator may make a temporary loan, as described in the first two sentences of this subsection, for two or more urban renewal projects being carried out by the same local public agency. The principal amount of any such loan which is outstanding at any one time shall not exceed the estimated expenditures to be made by the local public agency for such projects. (b) In connection with any project on land which is open or predominantly open, the Administrator may make temporary loans to municipalities or other public bodies for the provision of public buildings or facilities necessary to serve or support the new uses of such land in the project area. Such temporary loans shall be in such amounts not exceeding the expenditures to be made for such purpose, bear interest at such rate (not less than the applicable going Federal rate), be secured in such manner, and be repaid within such period (not exceeding ten years from the date of the obligations evidencing such loans), as may be deemed advisable by the Administrator. 3 (c) Loans made pursuant to subsection (a) or (b) hereof may be made subject to the condition that, if at any time or times or for any period or periods during the life of the loan contract the local public agency can obtain loan funds from sources other than the Federal Government at interest rates lower than provided in the loan contract, it may do so with the consent of the Administrator at such times and for such periods without waiving or surrendering any rights to loan funds under the contract for the remainder of the life of such contract, and, in any such case, the Administrator is authorized to consent to a pledge by the local public agency of the loan contract, and any or all of its rights thereunder, as security for the repayment of the 2 principal of and the interest on the loan funds so obtained from other sources. In 3 connection with any such pledge of a loan contract, including loan payments thereunder, as security for the repayment of obligations of the local public agency held by other than the Federal Government, the Administrator is authorized to agree to pay, through operations of a paying agent or agents, and to pay or cause to be paid when due, from funds obtained pursuant to subsection (e) of this section, to the holders of such obligations (or to their agents or designees) the principal of and the interest on such obligations, subject to such conditions as the Administrator may determine but without regard to any other condition or requirement. Notwithstanding any other provision of law, any contract or other instrument executed by the Administrator which, by its terms, includes an obligation of the Administrator to make payment pursuant to this subsection shall be construed by all officers of the United States separate and apart from 1 Sec. 303 (a), Housing Act of 1964, Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 785. added the remainder of this paragraph. 2 Sec. 402 (b), Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat. 654, 671. inserted "the principal of and the interest on". 3 Sec. 302(a), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 166, added the remaining provisions in sec. 102(c). |