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Housing Act of 1949

CODE ENFORCE. MENT REQUIREMENTS

community at the time of such insurance or commitment:
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

Isec. 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, (11) to make the certification that federal assistance of the types enumerated in this subsection may be made available in such community, or (111) 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 (111). Prior to deletion clause (iii) read
as follows: "(111) 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,

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.

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Housing Act of 1949

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 URBAN RENEWAL

facilities (1) for furnishing to communities, at their SERVICE

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) Not 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 WORKABLE

to subsection (c) is of sufficient scope and content PROGRAM

to furnish a basis for evaluation of the need for the
urban renewal project; and (2) such project is in

accord with the program. 1

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.

?subsec. (a) 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)".

4subsection (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.".

3 sec.

Housing Act of 1949

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 enterTEMPORARY

prise, the Secretary may make temporary and definitive AND

loans to local public agencies in accordance with the DETTNINVE

provisions of this title for the undertaking of urban

renewal projects. Such loans LOANS

Such loans (outstanding at any one time) shall be in such amoumts not exceeding the estimated expenditures to be made by the local public agency for3 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 4 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

This 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), Bousing 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".

Sec. 304, Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 624, inserted "or other obligations".

5sec. 103, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654-671, added this sentence.

Housing Act of 1949

(under the circumstances in which the temporary loan
herein provided 18 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. Notwithstanding?
any other provision of this title, the Secretary may
make a temporary loan, as described in the first

Isec.

Sec. 314(b) Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Śtat. 149, 172, added' "together with administrative, relocation, and other related costs and payments".

The last two sentences of subsection (a) were added by sec. 303 (a), Bousing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785.

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Housing Act of 1949

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 Goverrment, 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.

PRIVATE
FINANCING

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 1 infra, on page 13.

3 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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