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Housing Act of 1949

LIVITATION ON
TOTAL GRANTS IN
ANY STAINE

(a) Repealed. 1
(e) Not more than 124 percentum of the grant3
funds provided for in this title* shall be
expended in any one State: Provided, 5 That the
Secretary,without regard to such limitation, may
enter into contracts for grants aggregating
not to exceed $100,000,0007 (subject to the
total authorization provided in section 103 (b)
of this title) with local public agencies in
States where more than two-thirds of the maximum
grants permitted in the respective State under
this subsection has been obligated.

Subsection (a) was repealed by Sec. 1020 (a), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved Aug. 6, 1949, 80 Stat. 1255, 1295.

?sec. 303, Housing Act of 1957, Public Law 85-104, approved July 12, 1957, 71 Stat. 294, 300, substituted "12" for "10".

3sec. 408, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 674, inserted "grant" .

*Sec. 408, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 674, deleted ", either in the form of loan or grants,".

Sthis proviso added by section 22 of the Housing Amendments of 1953, Public Law 94, 838 Congress, approved June 30, 1953, 67 Stat. 121, 127.

Sec. 417(1), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654-676, deleted the word "capital" before "grants".

7

$70,000,000 was substituted for $35,000,000 by sec. 106(b) of the Housing Amendments of 1955, Public Law 345, 84th Congress, approved Aug. 11, 1955, 69 Stat. 635, and $100,000,000 was substituted for $70,000,000 by sec. 304 of the Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1100.

Housing Act of 1949

(1) [Repealea

Sec. 310(2), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 790, struck out subsection (1) which had been added by sec. 305 of the Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1100. Prior to deletion subsection (1) read as follows:

"(1) (1) Notwithstanding any other provision of this title, an urban renewal project respecting which a contract for a capital grant is executed under this title may include the making of relocation payments (as defined in paragraph (2)); and such contract shall provide that the capital grant otherwise payable under this title shall be increased by an amoumt equal to such relocation payments and that no part of the amount of such relocation payments shall be required to be contributed as part of the local grant-in-aid.

"(2) As used in this subsection, the term 'relocation payments' means payments by a local public agency to individuals, families, bus iness concerns, and nonprofit organizations for their reasonable and necessary moving expenses and any actual direct losses of property except goodwill or profit ( which are incurred on and after Aug. 7, 1956, and for which reimbursement or compensation is not otherwise made) resulting from their displacement from an urban renewal area made necessary by (1) the acquisition of real property by a local public agency or by any other public body, (ii) code enforcement activities undertaken in connection with an urban renewal project, or (111) a program of voluntary rehabilitation of buildings or other improvements in accordance with an urban renewal plan: Provided, That such payments shall not be made after completion of the project or if completion is deferred solely for the purpose of obtaining further relocation payments. Such payments shall be made subject to such rules and regulations as may be prescribed by the Administrator, and shall not exceed $200 in the case of an individual or family, or $3,000 (or, if greater, the total certified actual moving expenses) in the case of a business concern or nonprofit organization. Such rules and regulations may include provisions authorizing payment to individuals and families of fixed amounts (not to exceed $200 in any case) in lieu of their respective reasonable and necessary moving expenses and actual direct losses of property.

"(3) Any contract with a local public agency which was executed under this title before the date of the enactment of the Housing Act of 1956 may be amended to provide for payments under this subsection for expenses and losses incurred on or after such date." As originally enacted subsection (1) read as follows:

"(?) (1) Notwithstanding any other provision of this title, an urban renewal project respecting which & contract for a capital grant is executed under this title may include the making of relocation payments (as defined in paragraph (2)); and such contract shall provide (Footnote continued on following page)

Housing Act of 1949

11

(Footnote continued from previous page.)
that the capital grant otherwise payable under this title shall be
increased by an amount equal to such relocation payments and that
no part of the amount of such relocation payments shall be required
to be contributed as part of the local grant-in-aid.

"(2)As used in this subsection, the term 'relocation payments' means payments by a local public agency, in connection with a project, to individuals, families, and business concerns for their reasonable and necessary moving expenses and any actual direct losses of property except goodwill or profit (which are incurred on and after the date of the enactment of the Housing Act of 1956, and for which reimbursement or compensation is not otherwise made) resulting from their displacement by an urban renewal project included in an urban renewal area respecting which a contract for capital grant has been executed under this title. Such payments shall be made subject to such rules and regulations prescribed by the Administrator as are in effect on the date of execution of the contract for capital grant (or the date on which the contract is amended pursuant to paragraph (3)), and shall not exceed $100 in the case of an individual or family or $2,000 in the case of a business concern.

"(3) Any contract with a local public agency which was executed under this title before the date of the enactment of the Housing Act of 1956 may be amended to provide for payments under this subsection for expenses and losses incurred on or after such date.

Sec. 409(a) (1), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 673, amended the first sentence of par. (2) to read as it read immediately prior to deletion, except that the term "and nonprofit organizations" was inserted after "business concerns" by sec. 304(1), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 167.

Sec. 304, Housing Act of 1957, Public Law 85-104, approved July 12, 1957, 71 Stat. 294, 300, substituted the following for the last sentence of par. (2):

"Such payments shall be made subject to such rules and regulations as may be prescribed by the Administrator, and shall not exceed $100 in the case of an individual or family, or $2,500 in the case of a business concern. Such rules and regulations may include provisions authorizing payment to individuals and families of fixed amounts (not to exceed $100 in any case) in lieu of their respective reasonable and necessary moving expenses.

Sec. 409(b), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 674, substituted "$200" for "$100" and "$3,000" for "$2,500".

Sec. 304(3), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 167, inserted the parenthetical phrase "(or, if greater, the total certified actual moving expenses)".

Sec. 304(2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 167, inserted the term "or nonprofit (Footnote continued on following page.)

Housing Act of 1949

HOTELS AND
OTHIER TRANSTENT
HOUSING

(8)? No provision permitting the new construction of hotels or other housing for transient use in the redevelopment of any urban renewal area under this title shall be included in the urban renewal plan unless the community in which the project is located, under regulations prescribed by the Secretary, has caused to be made a competent independent analysis of the local supply of transient housing and as a result thereof bas determined that there exists in the area a need for additional units of such housing.

(h)2 Notwithstanding any other provision of this title, no contract shall be entered into for any loan or capital grant under this title with any local public agency unless the local public agency establishes, by evidence satisfactory to the Secretary, that any urban renewal project with respect to which such local public agency has received a loan or capital grant under this title has been, or will be, undertaken and carried out in substantial accordance with the urban renewal plan, and any amendments thereto, approved with respect to such project, and the terms of the contract for loan or capital grant covering such project.

(Footnote continued from preceding page)
organization" at the end of the second sentence of par. (2).

Sec. 304(4), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 167, added the words "and actual direct losses of property" to the end of the last sentence of par (2).

Relocation payment provisions are now contained in section 114 of title I of the Housing Act of 1949, as amended, which is set forth on p. 80 of this compilation.

1subsection (8) added by sec. 410, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 674.

2subsection (n) was added by sec. 306, Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 476.

Housing Act of 1949

PROJECT COMPLETION PRIOR TO ALL DISPOSITION

(1)1 Upon a determination by the Secretary that (1) not more than 5 per centum of the total area of land acquired as part of an urban renewal project remains to be disposed of, (2) the local public agency does not expect to be able, due to circumstances beyond its control, to dispose of such land in the near future, (3) all other project activities are completed, and (4) the local public agency has agreed to dispose of or retain such land for uses in accordance with the urban renewal plan, the urban renewal project may be deemed completed, and the net project cost may be computed and the capital grant paid.

Property to be Used for Public Housing or Housing

for Moderate Incoine Families

HOUSING FOR
MODERATE INCOME
FAMILIES AND
INDIVIDUALS
"WRITE-DOWN"

Sec. 107.3

(a) Upon approval of the Secretary and subject to such conditions as he may determine to be in the public interest, any real property held as part of an urban renewal project may be made available to (1) a linited dividend corporation, nonprofit corporation or association, cooperative, or public body or agency, or other approved purchaser or lessee, or (2) a purchaser

ISec. 508, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 522, added subsection (i).

?Prior to amendment by sec. 306(a) (1), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, this title read "Payment for Land Used for Low-Rent Public Housing".

348 originally enacted this section read as follows:

"Sec. 107. If the ler.d for a low-rent housing project assisted under the United States Housing Act of 1937, as amended, is made available from a project assisted under this title, payment equal to the fair value of the land for the uses specified in accordance with the redevelopment plan shall be made therefor by the public housing agency undertaking the housing project, and such amount shall be included as part of the development cost of the low-rent housing project."

Sec. 309, Housing Act of 1954, 68 Stat. 590, 560, 83d Congress, approved Aug. 2, 1954 , 68 Stat. 590, 626, amended sec. 107 by substituting "urban renewal plan" for "redevelopment plan".

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