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Housing Act of 1949

APPROVAL
OF PLAN

this title shall require local grants-in-aid
in connection with the project involved. Such
local grants-in-aid, together with the local
grants-in-aid to be provided in connection with
all other projects of the local public agency
(or two or more local public agencies in the
same municipality) on which contracts for capital
grants have theretofore been made, shall be at
least equal to the total of one-third of the
aggregate net project costs of such projects
undertaken on a two-thirds capital grant basis
and one-fourth of the aggregate net project
costs of such projects undertaken on a three-
fourths capital grant basis.

Local Determinations

SEC. 105. Contracts for loans or capital grants1 shall be made only with a duly authorized local public agency and shall require that

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(a)2 The urban renewal plan3 for the urban renewal area be approved by the governing body of the locality in which the project is situated,

1sec. 307(1), Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 625, substituted "loans or capital grants" for "financial aid".

2As originally enacted subsection (a) read as follows:

"(a) The redevelopment plan for the project area be approved by the governing body of the locality in which the project is situated, and that such approval include findings by the governing body that (i) the financial aid to be provided in the contract is necessary to enable the land in the project area to be redeveloped in accordance with the redevelopment plan; (ii) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole for the redevelopment of such areas by private enterprise; and (iii) the redevelopment plan conforms to a general plan for the development of the locality as a whole; ".

Subsec. (a) was amended to read as set forth in the text by sec. 307(2), Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 625, except as indicated by subsequent footnotes.

3Sec. 302(a), Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1097, deleted "(including any redevelopment plan constituting a part thereof)".

Housing Act of 1949

OBLIGATIONS OF
REDEVELOPERS

and that such approval include findings

by the governing body that (i) the financial
aid to be provided in the contract is necessary
to enable the project to be undertaken in
accordance with the urban renewal plan; (ii)
the urban renewal plan will afford maximum
opportunity, consistent with the sound needs
of the locality as a whole, for the rehabilitation
or redevelopment of the urban renewal area by
private enterprise; (iii) the urban renewal
plan conforms to a general plan for the develop-
ment of the locality as a whole; and (iv) the
urban renewal plan gives due consideration to
the provision of adequate park and recreational
areas and facilities, as may be desirable for
neighborhood improvement, with special considera-
tion for the health, safety, and welfare of
children residing in the general vicinity of the
site covered by the plan;

(b)2 When real property acquired or held by
the local public agency in connection with the
project is sold or leased, the purchasers or
lessees and their assignees shall be obligated (1)
to devote such property to the uses specified
in the urban renewal plan for the project area;
(ii) to begin within a reasonable time any
improvements on such property required by the
urban renewal plan; and (iii) to comply with

Sec. 315, Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 172, added clause (iv).

2Subsec. (b) down through the first proviso, was amended to read as set forth in the text by sec. 307, Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 625. The second proviso was added by sec. 406, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 673.

As originally enacted subsection (b) read as follows: "(b) When land acquired or held by the local public agency in connection with the project is sold or leased, the purchasers or lessees shall be obligated (1) to devote such land to the uses specified in the redevelopment plan for the project area; (11) to begin the building of their improvements on such land within a reasonable time; and (iii) to comply with such other conditions as the Administrator finds, prior to the execution of the contract for loan or capital grant pursuant to this title, are necessary to carry out the purposes of this title; ".

Housing Act of 1949

RELOCATION
REQUIREMENTS

such other conditions as the Secretary finds,
prior to the execution of the contract for loan
or capital grant pursuant to this title, are
necessary to carry out the purposes of this title:
PROVIDED, That clause (ii) of this subsection shall
not apply to mortgagees and others who acquire an
interest in such property as a result of the
enforcement of any lien or claim thereon: AND
PROVIDED FURTHER, That, with respect to any
improvements of a type which it is otherwise
authorized to undertake, any Federal agency (as
defined in section 3(b) of the Federal Property
and Administrative Services Act of 1949, as
amended, and also including the District of
Columbia or any agency thereof) is hereby authorized
to become obligated in accordance with this
subsection, except that clause (ii) of this
subsection shall apply to such Federal agency
only to the extent that it is authorized (and
funds have been made available) to make the
improvements involved;

(c) (1)1 There shall be a feasible method for
the temporary relocation of individuals and
families displaced from the urban renewal area,

1As originally enacted subsection (c) read as follows:

"(c) There by a feasible method for the temporary relocation of families displaced from the project area, and that there are or are being provided, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families displaced from the project area, decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced families and reasonably accessible to their places of employment: PROVIDED, That in view of the existing acute housing shortage, each such contract entered into prior to July 1, 1951, shall further provide that there shall be no demolition of residential structures in connection with the project assisted under the contract prior to July 1, 1951, if the local governing body determines that the demolition thereof would reasonably be expected to create undue housing hardship in the locality.

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Sec. 307(3), Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 625, substituted "urban renewal" for "project" wherever the latter word appeared.

Sec. 307(4), Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 625, deleted the proviso from the end of the subsection. (Footnote continued)

Housing Act of 1949

and there are or are being provided, in
the urban renewal area or in other areas not
generally less desirable in regard to public
utilities and public and commercial facilities
and at rents or prices within the financial
means of the individuals and families displaced
from the urban renewal area, decent, safe, and
sanitary dwellings equal in number to the
number of and available to such displaced
individuals and families and reasonably

(Footnote continued from previous page)

Sec. 305(a) (1), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 786, substituted "individuals and families" for "families" wherever the latter word appeared.

Sec. 305(a)(2), Housing Act of 1964, Public Law 88-560, approved

Sept. 2, 1964, 78 Stat. 769, 786, provided that:

"The requirement imposed by the amendments made by paragraph (1) shall not be applicable to any project receiving Federal recognition prior to the date of the enactment of this Act.

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Sec. 305(b), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 786, inserted the following proviso before the period at the end of the subsection:

"PROVIDED, That the Administrator shall issue rules and regulations to aid in implementing the requirements of this subsection and in otherwise achieving the objectives of this title which shall require that there be established, at the earliest practicable time, for each urban renewal project involving the displacement of families, individuals, or business concerns occupying property in an urban renewal area, a relocation assistance program which shall include such measures, facilities, and services as may be necessary or appropriate in order (1) to determine the needs of such families, individuals, and business concerns for relocation assistance, (2) to provide information and assistance to aid in relocation and otherwise minimize the hardships of displacement, and (3) to assure the necessary coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community which may affect the carrying out of the relocation program' Sec. 305(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 475, amended subsection (b) to read as set forth in the text.

Sec. 305(c), Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 476, provided that:

"The requirements imposed by the amendment made by subsection (a) of this section shall not be applicable to any project which received Federal recognition prior to the date of the enactment of this

Act."

Housing Act of 1949

PUBLIC
HEARING

accessible to their places of employment.
The Secretary shall issue rules and regulations
to aid in implementing the requirements of this
subsection and in otherwise achieving the
objectives of this title. Such rules and
regulations shall require that there be
established, at the earliest practicable
time, for each urban renewal project involving
the displacement of individuals, families, and
business concerns occupying property in the
urban renewal area, a relocation assistance
program which shall include such measures,
facilities, and services as may be necessary
or appropriate in order (A) to determine the
needs of such individuals, families, and
business concerns for relocation assistance;
(B) to provide information and assistance to
aid in relocation and otherwise minimize the
hardships of displacement, including informa–
tion as to real estate agencies, brokers, and
boards in or near the urban renewal area which
deal in residential or business property that
might be appropriate for the relocating of
displaced individuals, families, and business
concerns; and (C) to assure the necessary
coordination of relocation activities with
other project activities and other planned
or proposed governmental actions in the
community which may affect the carrying out
of the relocation program, particularly
planned or proposed low-rent housing projects
to be constructed in or near the urban renewal
area.

(2) As a condition to further assistance after
the enactment of this paragraph with respect
to each urban renewal project involving the
displacement of individuals and families, the
Secretary shall require, within a reasonable
time prior to actual displacement, satisfactory
assurance by the local public agency that decent,
safe, and sanitary dwellings as required by the
first sentence of this subsection are available
for the relocation of each such individual or
family.

(d) No land for any project to be assisted under this title shall be acquired by the local public agency except after public hearing following notice of the date, time, place, and purpose of

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