Housing Act of 1949

(Footnote continued from previous page)

Sec. 411, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 674, amended this section to read as follows: "Sec. 107. When it appears in the public interest that land to be acquired as part of an urban renewal project should be used in whole or in part as a site for a low-rent housing project assisted under the United States Housing Act of 1937, as amended, or under a State or local program found by the Administrator to have the same general purposes as the Federal program under such Act, the site shall be made available to the public housing agency undertaking the low-rent housing project at a price equal to the fair value of land to a private redeveloper who wants to buy a site in the community for private rental housing with physical characteristics similar to those of the proposed low-rent housing project and such amount shall be included as part of the development cost of such low-rent housing project: Provided, That the local contribution in the form of tax exemption or tax remission required by section 10(h) of such Act, or by analogous provisions in legislation authorizing such State or local program, with respect to the low-rent housing project into which such land is incorporated shall (if covered by a contract which, in the determination of the Public Housing Commissioner, and without regard to the requirements of the first proviso of such section 10(h), will assure that such local contribution will be made during the entire period that the project is used as low-rent housing within the meaning of such Act, or by provisions found by the Administrator to give equivalent assurance in the case of State or local programs),be accepted as a local grant-in-aid equal in amount, as determined by the Administrator, to one-half (or one-third in the case of an urban renewal project on a three-fourths capital grant basis) of the difference between the cost of such site (including costs of land, clearance, site improvements, and a share, prorated on an area basis, of administrative, interest, and other project costs) and its sale price, and shall be considered a local grant-in-aid furnished in a form other than cash within the meaning of section 110(d) of this Act."

Sec. 306 (a) (2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, inserted "(a)" before the first sentence and struck out the words "to be" before "acquired" in such sentence.

Sec. 306 (a) (3), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, substituted 'was incorporated on or after Sept. 23, 1959, " for "is incorporated".

Sec. 306, Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 786, amended subsection (a) to read as follows:

Housing Act of 1949

or lessee who would be eligible for a
mortgage insured under section 221 (a) (3)
or (a) (4), section 221 (h) (1), section 235
(j) (1), or section 236 of the National Housing
Act for purchase or lease at fair value for
use by such purchaser or lessee in the provision
of new or rehabilitated housing for occupancy by
families or individuals of low or moderate income:
Provided, That when property is made available
under clause (1) to an approved purchaser or
lessee other than a limited dividend corporation,

"(a) Upon approval of the Administrator 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 limited dividend corporation, nonprofit corporation or association, cooperative, or public body or agency, or (2) a purchaser who would be eligible for a Mortgage insured under section 221 (a) (3) or (a) (4) of the National Housing Act, for purchase at fair value for use by such purchaser in the provision of new or rehabilitated rental or cooperative housing for occupancy by families or individuals of moderate income.

Sec. 505, Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 522, amended subsection (a) to read as set forth in the text.

Housing Act of 1949

LOW-RENT

PUBLIC HOUSING "WRITE DOWN"

nonprofit corporation or association, cooperative,
or public body or agency, the Secretary shall
assure that the benefits of this subsection will
go to the occupant of the property rather than
to such purchaser or lessee.

(b)1 When it appears in the public interest that

real property acquired as part of an urban renewal
project should be used in whole or in part for a
low-rent housing project assisted under the United
States Housing Act of 1937, or under a State or
local program found by the Secretary to have the
same general purposes as the Federal program under
such Act, the property shall be made available to
the public housing agency undertaking the low-rent
housing project at a price equal to its fair value,
as determined in accordance with subsection (a),
and such amount shall be included as part of the
development cost of such low-rent housing project:
Provided, That the local contribution in the form
of tax exemption or tax remission required by
section 10(h) of such Act, or by analogous
provisions in legislation authorizing such State
or local program, with respect to the low-rent
housing project into which such property was
incorporated on or after September 23, 1959, shall
(if covered by a contract which, in the determination
of the Secretary of Housing and Urban Development,
the2

1 Sec. 306(a) (4), Housing Act of 1961, Public Law 87-70,
approved June 30, 1961, 75 Stat. 149, 168, added subsection
(b) as follows:

"(b) Upon approval of the Administrator 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 limited dividend corporation, nonprofit corporation or association, cooperative, or public body or agency, or (2) a purchaser who would be eligible for a mortgage insured under section 221(d) (4) of the National Housing Act, for purchase at fair value for use by such purchaser in the provision of new or rehabilitated rental or cooperative housing for occupancy by families of moderate income."

Sec. 306, Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 786, amended subsection (b) to read as set forth in the text.

2sec. 6(f) of the Act of May 25, 1967, Public Law 90-19, 81 Stat. 22, struck out the words "Public Housing Commissioner" and inserted "Secretary of Housing and Urban Development.

Housing Act of 1949

will assure that such contribution will be
made during the entire period that the project
is used as low-rent housing within the meaning
of such Act, or by provisions found by the
Secretary to give equivalent assurance in the
case of State or local programs) be accepted
as a local grant-in-aid equal in amount, as
determined by the Secretary, to one-half (or
one-third in the case of an urban renewal
project on a three-fourths capital grant basis)
of the difference between the cost of such
property (including costs of land, clearance,
site improvements, and a share, prorated on an
area basis, of administrative, interest, and
other project costs) and its sales price, and
shall be considered a local grant-in-aid furnished
in a form other than cash within the meaning of
section 110(a) of this Act.

Surplus Federal Real Property

Sec. 108. The President1 may at any time in

his discretion, transfer, or cause to be transferred,
to the Secretary any right, title, or interest held
by the Federal Government or any department or
agency thereof in any land (including buildings
thereon) which is surplus to the needs of the
Government and which a local public agency certifies
will be within the area of a project being planned
by it. When such land is sold to the local public
agency by the Secretary, it shall be sold at a price
equal to its fair market value, and the proceeds
from such sale shall be covered into the Treasury
as miscellaneous receipts.

Protection of Labor Standards

Sec. 109. In order to protect labor standards
(a) any contract for loan or capital grant

2

1Executive Order 10530, issued May 10, 1954, 19 Fed. Reg. 2709, provides that the Director of the Bureau of the Budget is designated and empowered to perform this function of the President without the approval, ratification, or other action of the President.

2

Sec. 310, Housing Act of 1954, Public Law 560, 83rd Congress,

approved Aug. 2, 1954, 68 Stat. 590, 626, substituted "loan or capital grant" for "financial aid".

Housing Act of 1949

pursuant to this title shall contain a provision
requiring that not less than the salaries pre-
vailing in the locality, as determined or adopted
(subsequent to a determination under applicable
State or local law) by the Secretary, shall be
paid to all architects, technical engineers,
draftsmen, and technicians employed in the
development of the project involved and shall
also contain a provision that not less than

the wages prevailing in the locality, as predetermined
by the Secretary of Labor pursuant to the Davis-
Bacon Act (49 Stat. 1011), shall be paid to all
laborers and mechanics, except such laborers or
mechanics who are employees of municipalities or
other local public bodies, employed in the develop-
ment of the project involved for work2 financed
in whole or in part with funds made available
pursuant to this title; and the Secretary shall
require certification as to compliance with the
provisions of this paragraph prior to making any
payment under such contract; and

(b) the provisions of title 18, United States Code, section 874, and of title 40, United States Code, section 276c, shall apply to work3 financed in whole or in part with funds made available for

4

1sec. 310, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 626, inserted ", ", except such laborers or mechanics who are employees of municipalities or other local public bodies, ".

2Sec. 310, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 626, inserted "for work financed in whole or in part with funds made available pursuant to this title". 3Sec. 310, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 626, substituted "work" for "any project".

sec. 310, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 626, inserted "for the development of a project".