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Housing Act of 1949

adequate family life; (2) the reduction of the costs of housing without sacrifice of such sound standards; (3) the use of new designs, materials, techniques, and methods in residential construction, the use of standardized dimensions and methods of assembly of home-building materials and equipment, and the increase of efficiency in residential construction and maintenance; (4) the development of well-planned, integrated, residential neighborhoods and the development and redevelopment of communities; and (5) the stabilization of the housing industry at a high annual volume of residential construction.

TITLE I - SLUM CLEARANCE AND URBAN RENEWAL 1

PART A-URBAN RENEWAL PROJECTS, DEMOLITION PROGRAMS,

AND CODE ENFORCEMENT PROGRAMS

URBAN RENEWAL FUND

SEC. 100? The authorizations, funds, and appropriations available pursuant to sections 102 and 103 hereof shall constitute a fumd, to be known as the "Urban Renewal Fund", and shall be available for advances, loans, and grants* to local public agencies for urban renewal projects in accordance with the provisions of this title, and all contracts, obligations, assets, and liabilities existing under or pursuant to said sections prior to the enactment of the Housing Act of 1954 are hereby transferred to said Fond.

Prior to amendment by the Housing Act of 1954, Public Law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 622, the heading of Title I was "Slum Clearance and Community Development and Redevelopment".

{This heading was inserted by sec. 501(a), Bousing and Urban Development Act of 1968, Public law 90-448, approved August 1, 1968, 82 Stat. 476, 518.

3 Section 100 was added by sec. 302, Housing Act of 1954, Public law 560, 83rd Congress, approved Aug. 2, 1954, 68 Stat. 590, 622.

4Sec. 417(1), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 676, substituted "grants" for "capital grants".

Housing Act of 1949

Local Responsibilities

POSITIVE PROGRAMS

SEC. 101. (a)? In entering into any contract for advances for surveys, plans, and other preliminary work for projects under this title or for grants pursuant to section 103(a), the Secretary3 shall give consideration to the extent to which appropriate local public bodies have undertaken positive programs (through the adoption, modernization, administration, and enforcement of housing, zoning, building and other local laws, codes and regulations relating to land use and adequate standards of health, sanitation, and safety for buildings, including the use and occupancy of dwellings ) for (1) preventing the spread or recurrence in the community of sluns and blighted areas, and (2) encouraging

As originally enacted subsection (a) read as follows:

"Sec. 101. In extending financial assistance under this title, the Administrator shall -

"(a) give consideration to the extent to which appropriate local
public bodies have undertaken positive programs (1) for encourag-
ing housing cost reductions through the adoption, improvement,
and modernization of building and other local codes and regula-
tions so as to permit the use of appropriate new materials,
techniques, and methods in land and residential planning, design,
and construction, the increase of efficiency in residential
construction, and the elimination of restrictive practices which
unnecessarily increase housing costs, and (2) for preventing the
spread or recurrence, in such community, of slums and blighted
areas through the adoption, improvement, and modernization of local
codes and regulations relating to land use and adequate standards
of health, sanitation, and safety for dwelling accommodations;

and".
Subsection(a) was amended to read as set forth in the text, except
for subsequent amendments noted by footnotes indicated in the text,
by sec. 303, Housing Act of 1954, Public Law 560, 83rd Congress,
approved Aug. 2, 1954, 68 Stat. 590, 623.
2

Sec. 427(2), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 677, inserted "or for grants pursuant to section 103(a)".

Sec. 6(b) of the Act of May 25, 1967, Public Law 90-19, 81 Stat. 17, 21, struck out "Administrator" each place it appeared in title I, and inserted in lieu thereof "Secretary".

3sec.

Housing Act of 1949

METROPOLITAN
AREA BASIS

housing cost reductions through the use of appropriate
new materials, techniques, and methods in land and
residential planning, design, and construction, the
increase of efficiency in residential construction,
and the elimination of restrictive practices which
unnecessarily increase housing costs.

(b) In the administration of this title, the
Secretary shall encourage the operations of such local
public agencies as are established on a State, or
regional (within a State), or unified metropolitan
basis or as are established on such other basis as
permits such agencies to contribute effectively toward
the solution of community development or redevelopment
problems on a State, or regional (within a State), or
unified metropolitan basis. The Secretary shall
particularly encourage the utilization of local public
agencies established by the States to operate on a
statewide basis in behalf of smaller communities
within the State which are undertaking or propose
to undertake urban renewal programs whenever that
arrangement facilitates the undertaking of an
urban renewal program by any such community, or
provides an effective solution to community develop-
ment or redevelopment problems in such communities,
and is approved by resolution or ordinance of the
governing bodies of the affected communities.

UTILIZATION OF STATE AGENCIES AS LOCAL PUBLIC AGENCIES

Except for the change noted in footnote 3, page 4 the first sentence of subsection (b) was amended to read as set forth in the text by sec. 303, Housing Act of 1954, Public Law 560, 83rd Congress, approved August 2, 1954, 68 Stat. 590, 623. As originally enacted subsection (b) was part of one sentence which also contained subsection (a). Without subsection (a) this sentence read as follows:

"Sec. 101. In extending financial assistance under this title, The Administrator shall-

"(a)* * *

"(b) encourage the operations of such local public agencies as are established on a State, or regional (within a State), or unified metropolitan basis or as are established on such other basis as permits such agencies to contribute effectively toward the solution of community development or redevelopment problems on a State, or regional (within a State), or unified metropolitan basis." See footnotes to subsection (a) for history of provisions of that subsection.

This sentence was added by sec. 401, Housing Act of 1959, Public Law 86-372, approved September 23, 1959, 73 Stat, 654. 670.

Housing Act of 1949

(c)? No contract shall be entered into for any loan

or capital grant under this title, or for annual contriWORKABLE butions or capital grants pursuant to the United States PROGRAM Housing Act of 1937, as amended,- for any project or

projects not constructed or covered by a contract for
annual contributions prior to August 1, 1956, and no
mortgage shall be insured, and no commitment to insure
a mortgage shall be issued, wder section 220 or section
221 (a) (3)% of the National Housing Act, as amended,
unless (i) there is presented to the Secretary by the
locality a workable program for4 community improvement
(which shall include an official plan of action, as it
exists from time to time, for effectively dealing with the
problem of urban slums and blight within the community
and for the establishment and preservation of a well-
planned community with well-organized residential
neighborhoods of decent homes and suitable living
environment for adequate family life) for utilizing

Isubsection (c) added by sec. 303, Housing Act of 1954, Public Law 560, 83rd Congress, approved August 2, 1954, 68 Stat. 590, 623.

2sec. 402, Housing Act of 1956, Public Law 1020, 70 Stat. 1091, 1103, reinserted reference to the U.S. Housing Act of 1937 (previously removed by sec. 108, Housing Amendments of 1955, Public Law 345, 84th Congress, approved Aug. 11, 1955, 69 Stat. 635, 638) which makes the workable program requirement applicable to contracts for low-rent public housing.

Sec. 108 (b), Housing Amendments of 1955 removed the following requirements from sec. 10(1) of the United States Housing Act of 1937, as amended, 50 Stat. 888, 42 U.S.C. 1401, which were prerequisites to communities entering into new contract for Federal assistance to low-rent public housing units: (1) that the community must be carrying on a slum clearance and urben redevelopment project, or a slum clearance and urban renewal project, assisted under title I of the Housing Act of 1949, as amended, and (2) that the local governing body of the community must certify that the new public housing project is necessary to assist in meeting the relocation requirements of section 105 (c) of the Housing Act of 1949, as amended.

3sec. 101 (b) (1), Housing Act of 1961, Public Law 87-70, approved June 30, 1961. 75 Stat. 149, 153, substituted "section 221(a) (3)" for "221". 4

Sec. 314(a), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 172, inserted "for community improvement".

Housing Act of 1949

appropriate private and public resources to eliminate,
and prevent the development or spread of, slums and
urban blight, to encourage needed urban rehabilitation,
to provide for the redevelopment of blighted, deteriorated,
or slum areas, or to undertake such of the aforesaid
activities or other feasible community activities as
may be suitably employed to achieve the objectives of
such a program, and (2) on the basis of his review of
such program, the Secretary determines that such program
meets the requirements of this subsection and certifies
that the Federal assistance may be made available in
such community: Provided, That this sentence shall not
apply to the insurance of, or commitment to insure, a
mortgage under (1)2 section 220 of the National Housing
Act, as amended, if the mortgaged property is in an

1) () op3 section 220(a) of the National Housing Act,

or (ii) section 221/a)(3) of the National Housing Act if payments with respect to the mortgaged property are made or are to be made under section 101 of the Housing and Urban Development Act of 1965, except that no such mortgage shall be insured, and no commitment to insure such a mortgage sball be issued, with respect to property in any community for which a workable program for community improvement was required and in effect at the time a contract for a loan or capital grant was entered into under this title, or a contract for annual contributions or capital grants was entered into pursuant to the United States Housing Act of 1937, unless there is a workable program for community improvement which meets the requirements of this subsection in effect in such

Sec. 6(b) of the Act of May 25, 1967, Public Law 90-19, 81 Stat. 17, 21, deleted the words "to the constitutent agencies affected".

2

Sec. 101(1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 453, inserted "(i)".

3sec. 101(b) (2), Housing Act of 1961, Public Law 87-70, approved June 30, 1961, 75 Stat. 149, 153, struck out "of section 220(a), or under section 221 of the National Housing Act, as amended, if the mortgaged property is in an area described in clause (3) of section 221(a) of said Act, or in a community referred to in clause (2) (B) of said section" and inserted in lieu thereof "of section 220(a) of the National Housing Act".

4

Sec. 101 (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 453, added the balance of the proviso following the words "National Housing Act".

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