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Housing Act of 1949

REHABILITATION

CODE EINFORCEMENT

(B)7 not less than 10 per centum of the
aggregate amount of (i) grants authorized
to be contracted for under this title by
the Housing and Urban Development Act of
1965 and subsequent Acts, and (ii) loans
authorized to be made under section 312
of the Housing Act of 1964, shall be available
for projects assisted with such grants or
loans which involve primarily code enforcement
and rehabilitation.

For the purposes of this title, the term
"project" shall not include (except2 as
provided in paragraphs (7)3, (8), (9) and
(10) above) the construction or improvement
of any building, and the term "redevelopment
and derivatives thereof shall mean development
as well as redevelopment. For any of the
purposes of section 109 hereof, the term
"project" shall not include any donations or
provisions made as local grants-in-aid and
eligible as such pursuant to clauses (2)
and (3) of section 110(a) hereof.

Isec. 307 (2), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 476, added Clause (B).

?This parenthetical phrase was inserted by sec. 307(b), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, and amended as indicated by the following footnote.

3.

Sec. 308(b) (3), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788, substituted "paragraphs (7) and (8)" for "paragraph (7)".

Sec. 309 (a) (4), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 477, substituted "paragraphs (7), (8), and (9)" for "paragraphs (7) and (8)".

Sec. 1722(a), Housing and Urban Development Act of 1968, Public Law 90-448, approved Aug. 1, 1968, 82 Stat. 476, 610, substituted "paragraphs (7), (8), (9), and (10)" for "paragraphs (7), (8), and (9)".

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Housing Act of 1949

Financiall assistance shall not be extended under this title with respect to any urban renewal area which is not predominantly residential in character and which, under the urban renewal plan therefor, is not to be redeveloped for predominantly residential uses: Provided, That, if the governing body of the local public agency determines that the

redevelopment of such an area for predominantly NONRESIDENTIAL nonresidential uses is necessary for the proper REDEVELOPMENT development of the community, the Secretary may

extend financial assistance under this title for
such a project: Provided further, That the
aggregate amount of capital grants contracted
to be made pursuant to this title with respect
to such projects after the date of the enactment
of the Housing Act of 1959 shall not exceed

PAs enacted by the Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1097, this paragraph read as follows:

"Financial assistance shall not be extended under this title with respect to any urban renewal area which is not clearly predominantly residential in character unless such area will be a predominantly residential area under the urban renewal plan therefor: Provided, That where such an area which is not clearly predominantly residential in character contains a substantial number of slum, blighted, deteriorated, or deteriorating dwellings or other living accommodations, the elimination of which would tend to promote the public health, safety, and welfare in the locality involved and such area is not appropriate for predominantly residential uses, the Administrator may extend financial assistance for such a project, but the aggregate of the capital grants made pursuant to this title with respect to such projects shall not exceed 10 per centum of the total amount of capital grants authorized by this title." (See provisions in earlier enactments of subsec. (c) as set forth in footnote 2 on page 50).

Sec. 413, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654-675, amended this paragraph to read as set forth in the text, except for subsequent amendments noted by footnotes indicated in the text.

Housing Act of 1949

301

per centum of aggregate amount of
grants authorized by this title to be
contracted for after such date:

And
provided further, That the aggregate
amount of capital grants made available
under this title with respect to such
projects after the date of the enactment
of the Housing and Urban Development Act
of 1965 may be in an amount not to exceed
(in addition to amounts previously available
for such projects) 35 per centumn of the
amount of additional capital grants authorized
under this title by such Act.

In addition to all other powers hereunder
vested, where land within the purview of clause
(1) (ii) or (1) (iii) of the first paragraph
of this subsection (whether it be predominantly
residential or non-residential in character)
is to be redeveloped for predominantly non-
residential uses, loans and advances under
this title may be extended therefor if the
governing body of the local public agency
determines that such redevelopment for
predominantly nonresidential uses is necessary
and appropriate to facilitate the proper growth
and development of the community in accordance
with sound planning standards and local community
objectives and to afford maximum opportunity for
the redevelopment of the project area by private
enterprise: Provided, That loans and outstanding
advances to any local public agency pursuant to the
authorization of this sentence shall not exceed 21
per centum of the estimated gross project costs
of the projects undertaken under other contracts
with such local public agency pursuant to this
title.

Isec. 308, Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 168, substituted "30 per centum" for "20 per centum".

2Sec. 308, Housing and Urban Development Act of 1965, Public Law 89-117, approved Aug. 10, 1965, 79 Stat. 451, 477, added this proviso.

Housing Act of 1949

(a)+"Zocal grants-in-aid" shall mean assistance by a State, municipality, or other

public body, or (in the case of cash grants LOCAL

or donations of land or other real property) GRANTS-IN-AID any other entity, in connection with any

project on which a contract for capital grant

1
-As originally enacted subsection (a) read as follows:

"(a) 'Local grants-in-aid' shall mean assistance by a State, municipality, or other public body, or any other entity, in connection with any project on which a contract for capital grant has been made under this title, in the form of (1) cash grants; (2) donations, at cash value, of land (exclusive of land in streets, alleys, and other public rights-of-way which may be vacated in connection with the project), and demolition or removal work, or site improvements in the project area, at their cost; and (3) the provision, at their cost, of parks, playgrounds, and public buildings or facilities (other than low-rent public housing) which are primarily of direct benefit to the project and which are necessary to serve or support the new uses of land in the project area in accordance with the redevelopment plan: Provided, That, in any case where, in the determination of the Administrator, any park, playground, public building, or facility is of direct and substantial benefit both to the project and to other areas, the Administrator shall provide that, for the purpose of computing the amount of the local grants-in-aid for such project, there shall be included an allowance of an appropriate portion (as determined by the Administrator) of the cost of such park, playground, public building, or facility. No demolition or removal work, improvement, or facility for which a State, municipality, or other public body has received or has contracted to receive any grant or subsidy from the United States, or any agency or instrumentality thereof, for such work, or the construction of such improvement or facility shall be eligible for inclusion as a local grant-in-aid in connection with a project or projects assisted under this title.

Sec. 311, Housing Act of 1954, Public Law 560, 83a Congress, approved Aug. 2, 1954, 68 Stat. 590, 626, amended subsec. (a) to read as set forth in the text except for subsequent amendments noted by footnotes indicated in the text.

Housing Act of 1949

has been made under this title, 1 in the form
of (1) cash grants to defray expenditures
within the purview of section 110 (e) (1)
hereof;? (2) donations, at cash value, of
land or other real property (exclusive of land
in streets, alleys, and other public rights-
of-way which may be vacated in connection
with the project, or3 of air rights over
streets, alleys, and other public rights-of-
way) in the urban renewal area, and demoli-
tion, removal, or other work or improvements
in the urban renewal area, at the cost thereof,
of the types described in clauses (2), (3),

(7),4 (9), and (10)5 of the second sentence 1sec. 414(b), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 675, provided as follows:

"The requirement in section 110(a) of the Housing Act of 1949 that the assistance provided by a State, municipality, or other public body under that section, in order to qualify as a local grantin-aid, shall be in connection with a project on which a contract for capital grant has been made under title I of that Act, shall not apply to assistance provided during the period from July 1, 1957, through December 31, 1957, in connection with urban renewal activities which were extended Federal recognition within sixty days after the provision of such assistance was initiated. 2

Sec. 302(3), Housing Act of 1957, Public Law 85-104, approved July 12, 1957, 71 Stat. 294, 300, inserted "to defray expenditures within the purview of section 110(e) (1) hereof".

3 sec. 308(c), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788, substituted "project, or of air rights over streets, alleys, and other public rights-of-way" for "project".

Sec. 1722(b), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 610, inserted "(7)".

5

Sec. 602, Demonstrations Cities and Metropolitan Development Act of 1966 struck out "clause (2) and clause (3)" and inserted "clauses (2), (3), (9), and (10)". 6

Sec. 302(b) (2), Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1099, substituted "the second sentence" for "either the second or third sentence".

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