demolish, or otherwise dispose of any quarters which have been determined inadequate under this section, he may exempt such quarters from the requirements of subsection (e) of this section: Provided, That any quarters so exempted must be improved, demolished, or otherwise disposed of not later than July 1, 1965; And1 provided further, That the Secretary of Defense, or his designee, may exempt from this requirement any housing at any particular installation as to which he determines that (1) the housing is safe, decent, and sanitary, so as to be suitable for occupancy; (2) the housing cannot be made adequate as public quarters with a reasonable expenditure of funds; (3) the rentals charged to, or the allowances forfeited by, the occupants are not less than the costs of maintaining and operating the housing; and (4) there is a continuing need which cannot appropriately be met by privately owned housing in the area. (Public Law 85-241, title IV, 8407, Aug. 30, 1957, 71 Stat. 556; Public Law 85-685, title V, § 516, Aug. 20, 1958, 72 Stat. 664; Public Law 86-372, title VI, § 702(c), Sept. 23, 1959, 73 Stat. 683; Public Law 86-500, title V, § 508, June 8, 1960, 74 Stat. 186; Public Law 87-57, title VI, § 610, June 27, 1961, 75 Stat. 111; Public Law 88-174, title V, § 506, Nov. 7, 1963, 77 Stat. 326.) 1 The proviso added by sec. 506, Military Construction Authorization Act, 1964, Public Law 88-174, approved November 7, 1963, 77 Stat. 307, 326. SEC. 611. There is authorized to be appropriated for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for the following purposes: (a) for construction and acquisition of family housing, including improvements to adequate quarters, improvements to inadequate quarters, minor construction, rental guarantee payments, construction and acquisition of trailer court facilities, and planning, an amount not to exceed $230,225,000, and (b) for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payments to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1517m), an amount not to exceed $520,000,000. SEC. 802. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles * * * VÎ, and VII shall not exceed (6) for title VI: Military family housing, $750,225,000. * Approved October 21, 1967. * See also: REHABILITATION ASSISTANCE Grants: Title I, Housing Act of 1949, urban renewal law_ See section 115, Housing Act of 1949, which authorizes Insured loans: National Housing Act----. Title I, Property improvement loans- Section 203 (k), Home improvement loans-- Page No 288 234 42 U.S.C. 1319 3. 17 Section 220 (h), Home improvement loans in urban renewal areas Rehabilitation can be financed along with purchase or Sec. 221(h), Sale of rehabilitated housing with below-market inter- Title V, Housing Act of 1949, rural housing_--_. EXCERPTS FROM HOUSING ACT OF 1964 53 67 234 [Public Law 88-560, approved September 2, 1964, 78 Stat. 769, 790; 42 U.S.C. 1452b] TITLE III-URBAN RENEWAL REHABILITATION LOANS SEC. 312. (a) To assist rehabilitation in an urban renewal area or an area in which a program of concentrated1 code enforcement activities is being carried out pursuant to section 117 of the Housing Act of 1949 and thereby reduce the need for demolition and removal of structures, the Secretary of Housing and Urban Development 2 is hereby authorized, through the utilization of local public and private agencies where feasible, to make loans as herein provided to the owners or tenants of property in such area to finance rehabilitation required to make the property conform to applicable code requirements or to carry out the objectives of the urban renewal plan for the area. No loan shall be made under this section unless the Secretary finds (1) that the applicant is unable to secure the necessary funds from other 1 Sec. 311(e), Housing and Urban Development Act of 1965, approved August 10, 1965, 79 Stat. 451, 479, inserted the language authorizing loans in areas of concentrated code enforcement activities. 2 Sec. 21(b), Public Law 90-19, approved May 25, 1967, 81 Stat. 17, 25, substituted the Secretary of Housing and Urban Development for the Housing and Home Finance Administrator throughout this section in order to make it conform to the Department of Housing and Urban Development Act which placed all the functions of the Housing and Home Finance Administrator in the Secretary of Housing and Urban Development. 3 The Secretary delegated to the Administrator, Small Business Administration, effective March 20, 1967, the authority to make and administer rehabilitation loans to owners or tenants of nonresidential property, 32 Fed. Reg. 4509. sources upon comparable 1 terms and conditions, and (2) the loan is an acceptable risk taking into consideration the need for the rehabilitation, the security available for the loan, and the ability of the applicant to repay the loan. (b) For the purposes of this section (1) the term "rehabilitation" means the improvement or repair of a structure or facilities in connection with a structure, and may include the provision of such sanitary or other facilities as are required by applicable codes or the urban renewal plan to be provided by the owner or tenant of the property; (2) the term "urban renewal area" means a slum area or a blighted, deteriorated, or deteriorating area as defined in section 110(a) of the Housing Act of 1949; (3) the term "tenant" means a person or organization who is occupying a structure under a lease having a period to run at the time a rehabilitation loan is made under this section of not less than the term of the loan; and (4) the term "Secretary" means the Secretary of Housing and Urban Development. (c) A rehabilitation loan made under this section shall be subject to the following limitations: (1) The loan shall be subject to such terms and conditions as may be prescribed by the Secretary. (2) The term of the loan may not exceed twenty years or threefourths of the remaining economic life of the structure after rehabilitation, whichever is less. (3) The loan shall bear interest at such rate as the Secretary determines to be appropriate but not to exceed 3 per centum per annum of the amount of the principal outstanding at any time, and the Secretary may prescribe such other charges as he finds necessary, including service charges and appraisal, inspection, and other fees. (4) The amount of the loan may not exceed (A) in the case of residential property, the amount of a loan which could be insured by the Secretary of Housing and Urban Development under section 220 (h) of the National Housing Act: Provided, That, within the limitations otherwise applicable on the amount of a loan under such section, the loan may exceed the cost of rehabilitation in order to include an amount approved by the Secretary to refinance existing indebtedness secured by such property if such refinancing is necessary to enable the applicant to amortize, with a monthly payment of not more than 20 per centum of his average monthly income, such loan and any other indebtedness secured by his property; and (B) in the case of nonresidential property, whichever of the following is the least: $50,000, or the cost of rehabilitation, or an amount which when added to any outstanding indebtedness related to the property securing the loan creates a total outstanding indebtedness that the Secretary determines could be reasonably secured by a first mortgage on the property. (5) A loan shall be secured as determined by the Secretary. 1 Sec. 312(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 479, substituted "comparable" for "reasonable". (d) There is authorized to be appropriated not to exceed $100,000,0001 for each fiscal year which shall constitute a revolving fund to be used by the Secretary in carrying out this section. All moneys in such revolving fund shall be available for necessary expenses of servicing loans made pursuant to this section, including reimbursement or payment for services and facilities of the Federal National Mortgage Association and of any public or private agency for the servicing of such loans. (e) In the performance of, and with respect to, the functions, powers, and duties vested in him by this section, the Secretary shall have (in addition to any authority otherwise vested in him) the functions, powers, and duties set forth in section 402 of the Housing Act of 1950 (except subsection (c) (2)). (f) The Secretary is authorized to delegate to or use as his agent any Federal or local public or private agency or organization to the extent he determines appropriate and desirable to carry out the objectives of this section in the area involved. (g) The Secretary is authorized to issue such rules and regulations and impose such requirements and conditions (in addition to those specified in this section) as he determines to be desirable to carry out the objectives of this section, including limitations on the amount of a loan and restrictions on the use of the property involved. (h) 2 No loan shall be made under the authority of this section after October 1, 1969, except pursuant to a contract, commitment, or other obligation entered into pursuant to this section before that date. Approved September 2, 1964. 1 Sec. 312(b), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 479, substituted "$100,000,000 for each fiscal year" for "$50,000,000", and added the last sentence of this subsec. (d). Sec. 312(c), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 479, added subsec. (h). |