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Housing Act of 1949

renewal area,

1

or any combination or part thereof, in accordance with such urban renewal plan. Such undertakings and activities may include-

(1) acquisition of (1) a slum area or a deteriorated or deteriorating area, or (11) land which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community, or (111) open land necessary for sound community growth which is to be develgped for predominantly residential uses, or? (iv) air rights in an area

consisting principally of land in highways, AIR RIGHTS

railway or subway tracks, bridge or tunnel
entrances, or other similar facilities which
have a blighting influence on the surrounding
area and over which air rights sites are to
be developed for the elimination of such
blighting influences and for the provision of
housing (and related facilities and uses)
designed specifically for, and limited to,
families and individuals of low or moderate
income or, if the area is found by the local
public agency to be unsuitable for use for
low or moderate income housing, for use for
the development of industrial or educational

1

Sec. 311(b) (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 478, deleted "or a program of code enforcement in an urban renewal area, which had been inserted at this point by sec. 301(b) of the Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 79 Stat. 769, 785.

2Sec. 308(a) (1), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 787, added clause (iv).

Housing Act of 1949

facilities:1 Provided, that the requirement
in paragraph (a) of this section that the area
be a slum area or a blighted, deteriorated or
deteriorating area shall not be applicable in
the case of projects? under clauses (iii) and
(iv) hereof: Provided further, That the aggregate
amount of capital grants for projects under
clause (iv) shall not exceed 5 per centum of
the aggregate amount of grants authorized
by this title to be contracted for after the
date of enactment of the Housing Act of 1964;

(2) demolition and removal of buildings and improvements;

(3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this title in accordance with the urban renewal plan;

(4) disposition of any property acquired in the urban renewal area (including sale, leasing or retention by the local public agency itself) at its fair value for uses in accordance

1section 702(a), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 79 Stat. 1255, 1281, added the following: "if the area is found by the local public agency to be unsuitable for use for low or moderate income housing, for use for industrial development".

Sec. 511(a), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 524, substituted "the development of industrial or educational facilities" for "industrial development".

2sec. 308(a) (2), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 787, substituted "projects under clauses (iii) and (iv) hereof" for "an open land project".

3 sec. 308(a) (3), Housing Act of 1964, Public Law 88-560, approved Sept. Sept. 2, 1964, 78 Stat. 769, 787, added this proviso.

Sec. 314(c), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 172, deleted the word "initial" after the word "sale".

Housing Act of 1949

with the urban renewal plan or] as provided in
section 107;

(5) carrying out plans for programs of code CODE ENFORCEMENT enforcement or voluntary repair and rebabilitation

of buildings or other improvements in accordance
with the urban renewal plan;

(6) acquisition of any other real property
in the urban renewal area where necessary to
eliminate unhealthful, insanitary or unsafe
conditions, lessen density, eliminate obsolete

or other uses detrimental to the public welfare, or HISTORIC

otherwise to remove or prevent the spread of blight PRESERVATION

or deterioration, to promote historic and PUBLIC

architectural preservation, or to provide land for FACILITIES

needed public facilities;

Isec. 306(b), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, inserted "or as provided in section 107".

2sec. 301(c), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785, substituted "programs of code enforcement or" for "a program of."

Sec. 301 (a), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785, provided that:

"Any contract for a capital grant under title I of the Housing Act of 1949, executed prior to the date of enactment of this Act, may be amended to incorporate the provisions of subsection (c) for costs incurred on or after such date.

3sec. 311(b) (2), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 478, deleted the following proviso which had been added at this point by sec. 301 (c), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 785: "Provided, That no program of code enforcement shall be included as part of an urban renewal project unless the locality shall agree to increase its total expenditures with respect to code enforcement, during the period such project is under contract for a loan or capital grant, by an amount equal to the required local grants-in-aid with respect to the code enforcement included as part of such project". 4

Sec. 601(b), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1278, inserted the words "to promote historic and architectural preservation".

Housing Act of 1949

AIR RIGHTS
PLAINFORMS

(7)1 construction of foundations and platforms necessary for the provision on air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income, 2 or construction of foundations and platforms necessary for the provision of air rights sites for the development of industrial or educational facilities;

(8)3 acquisition and repair or rehabilitation for4 resale by the local public agency, of structures which are located in the urban renewal area and which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities;

RETIABILITATION
OF DWELLINGS

1 Paragraph (7) through "low or moderate income" was added by sec. 308(b)(2), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788.

2sec. 702(b), Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved Nov. 3, 1966, 80 Stat. 1255, 1281, added the provision for construction of foundations and platforms for the provision of air rights sites for industrial development.

Sec. 511(b), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 524, added the provision for air rights sites for educational facilities.

3 Paragraph (8) was originally added as par. (7) by sec. 307(a), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168.

Sec. 308(b) (1), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788, redesignated this paragraph as

par. (8).

.

4

Sec. 504, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 stat. 476, 521, struck out at this place "guidance purposes, and".

5sec. 504, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521, deleted the following proviso at the end of this paragraph: "Provided, That the local public agency shall not acquire for such purposes, in any urban renewal area, structures which contain or will contain more than (A) one hundred dwelling units, or (B) 5 per centum of the total number of dwelling units in such area which under the urban renewal plan, are to be repaired or rehabilitated, whichever is the lesser".

Housing Act of 1949

HISTORIC
PRESERVATION

(9) relocation within or outside the project
area of structures which will be restored and
maintained for architectural or historic
purposes; and

(10) restoration of acquired properties of
historic or architectural value.

2 Notwithstanding any other provisions of this title, (A)3 no contract shall be entered into for any loan or capital grant under this title for any project which provides for demolition and removal of buildings and improvements unless the Secretary determines that the objectives of the urban renewal plan could not be achieved through rehabilitation of the project area, and

"Paragraph (9), as added by sec. 309(a) (3), Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 477, read as follows: "(9) relocating within the project area a structure which the local public agency determines to be of historic value and which will be disposed of to a public body or a private nonprofit organization which will renovate and maintain such structure for historic purposes.

Sec. 601(c) Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1278, amended par. (9) to read as set forth in the text and added par. (10). 2

This paragraph was added by sec. 307, Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 787. 3

Sec. 307 (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 476, inserted "(A)".

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