CODE ENFORCE- MENT REQUIRE- MENTS
community at the time of such insurance or commitment: 1 Provided further, That commencing three years after the date of enactment of the Housing Act of 1964 or, in the case of an Indian tribe, band,or nation, commencing January 1, 1970, 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 Secretary, and (B) the Secretary is satisfied that the locality is carrying out an effective program of enforcement to achieve compliance with such
1Sec. 7(a), Department of Housing and Urban Development Act, Public Law 89-174, approved September 9, 1965, 79 Stat. 667, 670, deleted the second proviso of this section which read:
"And provided further, That, notwithstanding any provisions of law which would authorize such delegation or transfer, there shall not be delegated or transferred to any other official (except an officer or employee of the Housing and Home Finance Agency serving as Acting Administrator during the absence or disability of the Administrator or in the event of a vacancy in that office) the final authority vested in the Administrator (i) to determine whether any such workable program meets the requirements of this subsection, (ii) to make the certification that Federal assistance of the types enumerated in this subsection may be made available in such community, or (iii) to determine that the relocation requirements of section 105(c) (10) of this title have been met: ".
Sec. 101(b)(3), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 153, deleted clause (iii) and renumbered clause (iv) as clause (iii). Prior to deletion clause (iii) read as follows: "(iii) to make the certifications as to the maximum number of dwelling units needed for the relocation of families to be displaced as a result of governmental action and who would be eligible to rent or purchase dwelling accommodations in properties covered by mortgage insurance under section 221 of the National Housing Act, as amended, ". 2
Sec. 301(a), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785, added this proviso, except for the words "or, in the case of an Indian tribe, band, or nation, commencing January 1, 1970", which were inserted by sec. 513, Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 525.
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 Secretary 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.
(a)2 The Secretary 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 (including3 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 Secretary for an urban renewal project unless he determines that (1) the workable program for community improvement presented by the locality 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.
Sec. 302(b), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 474, added this sentence.
2Subsec. (d) added by sec. 303, Housing Act of 1954, Public Law, 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 624.
Sec. 302, Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785, inserted "(including rehabilitation projects requiring no additional assistance under this title or self-liquidating redevelopment projects)".
Subsection (e) was added by sec. 302 (a) (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 474. Section 302(a) (2) provided that: "The requirements imposed by the amendment made by paragraph (1) shall not be applicable to any project which received Federal recognition prior to the date of the enactment of this Act.".
TEMPORARY AND
DEFINITIVE LOANS
SEC. 102 (a) Tol 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, rehabilita- tion, and conservation of such areas by private enter- prise, the Secretary 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 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 Secretary. In any case where, in connection EARLY LAND with its undertaking and carrying out of an urban ACQUISITION renewal project, a local public agency is authorized
1This sentence amended to read as set forth in the text by sec. 304, Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 624. As originally enacted this sentence read as follows: "To assist local communities in eliminating their slums and blighted areas and in providing maximum opportunity for the redevelopment of project areas by private enterprise, the Administrator may make temporary and definitive loans to local public agencies for the undertaking of projects for the assembly, clearance, preparation, and sale and lease of land for redevelopment.".
2Sec. 304, Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 624, inserted the word "estimated". 3Sec. 402(a), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654-671, substituted "for such purposes" for "as part of the gross project cost".
4Sec. 304, Housing Act of 1954, Public Law 560, 83rd Congress,
approved Aug. 2, 1954, 68 Stat. 590, 624, inserted "or other obligations". 5Sec. 403, Housing Act of 1959, Public Law 86-372, approved Sept.
23, 1959, 73 Stat. 654-671, added this sentence.
(under the circumstances in which the temporary loan herein provided is requested) to acquire real property in the urban renewal area, the Secretary, in addition to all other authority under this title and notwithstand- ing 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 Secretary 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 Secretary 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 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. Notwithstanding2 any other provision of this title, the Secretary may make a temporary loan, as described in the first
Sec. 314(b) Housing Act of 1961, Public Law 87-70, approved June sec. 30, 1961, 75 Stat. 149, 172, added "together with administrative, relocation, and other related costs and payments".
2The last two sentences of subsection (a) were added by sec. 303 (a),
Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785.
SINGLE LOAN
FOR TWO OR MORE PROJECTS
LOANS FOR
PUBLIC FACILITIES
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 Secretary 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 exceed- ing 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 Secretary. (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, 2 it may do so with the consent of the Secretary 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 Secretary 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 principal of and the interest on the loan funds so obtained from other sources.
The last two sentences of subsection (a) were added by sec. 303(a), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785.
2Sec. 507(a)(1), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 522 deleted after "Government" the following: "at interest rates lower than provided in the loan contract". See footnote I infra, on page 13.
Sec. 402(b), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654,671, inserted "the principal of and the interest on".
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