Housing Act of 1949

LOCAL PUBLIC
AGENCY

LAND

SECRETARY

FEDERAL

RECOGNITION

1

balance outstanding or to be outstanding
on such loan or advance based on the going
Federal rate on the date of such revision:
Provided, That any contract for a loan or
advance authorized prior to the date of
enactment of the Housing Act of 1964 shall
be amended (with the first amendment to such
contract authorized after the date of
enactment of such Act) to provide for such
a single interest rate (based on the going
Federal rate at the time such amendment is
authorized) and for periodic revision thereof.

(h) "Local public agency" means any State,
county, municipality, or other governmental
entity or public body, or two or more such
entities or bodies, authorized to undertake
the project for which assistance is sought.
"State" includes the several States, the
District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions
of the United States.

2

(1)3 "Land"means any real property, including improved or unimproved land,

structures, improvements, easements, incorporeal hereditaments, estates, and other rights, in land, legal or equitable.

(j)" "Secretary" means the Secretary of Housing and Urban Development

(k)5 "Federal recognition" means execution of

any contract for financial assistance under this

Sec. 311, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 629, substituted "or two or more such entities or bodies, for "which is".

2Sec. 311, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 629, inserted "the Commonwealth of Puerto Rico".

3Subsection (i) was added by sec. 311, Housing Act of 1954, Public Law 560, 83d Congress, approved Aug. 2, 1954, 68 Stat. 590, 629.

4

Sec. 6 (g) of the Act of May 25, 1967, Public Law 90-19, 81 Stat. 17, 22, amended paragraph (j) to read as set forth in the text. Originally it read as follows:

"(j) "Administrator" means the Housing and Home Finance Administrator. 5Sec. 417(3), Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654-677, added subsec. (k).

Housing Act of 1949

DISASTER
AREAS

title or concurrence by the Secretary in the
commencement, without such assistance, of
surveys and plans.

Disaster Areas

Sec. 111.1 Where the local governing body

certifies, and the Secretary finds, that an urban
area is in need of redevelopment or rehabilitation
as a result of a flood, fire, hurricane, earth-
quake, storm, or other catastrophe which the
President, pursuant to section 2(a) of the Act
entitled "An Act to authorize Federal assistance
to States and local governments in major disasters,
and for other purposes" (Public Law 875, Eighty-
first Congress, approved September 30, 1950, Jas
amended, has determined to be a major disaster, or2
which the Secretary has determined is in need of
such redevelopment or rehabilitation as a result
of a riot or civil disorder, he is authorized to
extend financial assistance under this title for
an urban renewal project with respect to such
area without regard to the following:

(1) the "workable program" requirement in section 101(c), except that any contract for temporary loan or capital grant pursuant to this section shall obligate the local public agency to comply with the "workable program" requirement in section 101(c) by a future date determined to be reasonable by the Secretary and specified in such contract;

1Sec. 111 was added by sec. 307(a), Housing Act of 1956, Public Law 1020, 84th Congress, approved Aug. 7, 1956, 70 Stat. 1091, 1101. 2

Sec. 1106 (c), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 567 substituted "or which the Secretary has determined is in need of such redevelopment or rehabilitation as a result of a riot or civil disorder, he" for "the Secretary".

Sec. 1106 (e), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 567, provides that: No person who has been convicted of committing a felony during and in connection with a riot or civil disorder shall be permitted, for a period of one year after the date of his conviction, to receive any benefit under any law of the United States providing relief for disaster victims.

Housing Act of 1949

(2) the requirements in section 105(a) (iii) and section 110(b) (1) that the urban renewal plan conform to a general plan of the locality as a whole and to the workable program referred to in section 101(c);

(3) the "relocation" requirements in section 105(c): Provided, That the Secretary finds that the local public agency has presented a plan for the encouragement, to the maximum extent feasible, of the provision of dwellings suitable for the needs of families displaced by the catastrophe or by redevelopment or rehabilitation activities; (4) the "public hearing" requirement in section 105(a);

(5) the requirements in sections 102 and 110 that the urban renewal area be a slum area or a blighted, deteriorated, or deteriorating area; and

(6) the requirements in section 110 with respect to the predominantly residential character or predominantly residential re-use of urban renewal areas.

In the preparation of the urban renewal plan with
respect to a project aided under this section, the
local public agency shall give due regard to the
removal or relocation of dwellings from the site
of recurring floods or other recurring catastrophes
in the project area.

Urban Renewal Areas Involving Colleges,
Universities, or Hospitals

Sec. 112(a) In any case where an educational institution or a hospital is located in or near an

1

Sec. 309, Housing Act of 1961, Public Law 87-70, approved June

30, 1961, 75 Stat. 149, 169, amended this section to read as set forth in the text. As originally enacted by Sec. 418, Housing Act of 1959, Public Law 86-372, approved Sept. 23, 1959, 73 Stat. 654, 677, this section read as follows:

"URBAN RENEWAL AREAS INVOLVING COLLEGES OR UNIVERSITIES

In any case where an educational institution is (Footnote continued on following page.)

Housing Act of 1949

urban renewal project area and the governing body
of the locality determines that, in addition to
the elimination of slums and blight from such area,
the undertaking of an urban renewal project in such
area will further promote the public welfare and the
proper development of the community (1) by making

Footnote continued from preceding page)

located in or near an urban renewal project area and the governing body of the locality determines that, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal project in such area will further promote the public welfare and the proper development of the community (1) by making land in such area available for disposition, for uses in accordance with the urban renewal plan, to such educational institution for redevelopment in accordance with the use or uses specified in the urban renewal plan, (2) by providing, through the redevelopment of the area in accordance with the urban renewal plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution, or (3) by any combination of the foregoing, the Administrator is authorized to extend financial assistance under this title for an urban renewal project in such area without regard to the requirements in section 110 hereof with respect to the predominantly residential character or predominantly residential reuse of urban renewal areas: Provided, That the aggregate expenditures made by such institution (directly or through a private redevelopment corporation) for the acquisition (from others than the local public agency), within, adjacent to, or in the immediate vicinity of the project area, of land, buildings, and structures to be redeveloped or rehabilitated by such institution for educational uses in accordance with the urban renewal plan (or with a development plan proposed by such institution or corporation, found acceptable by the Administrator after considering the standards specified in section 110(b), and approved under State or local law after public hearing), and for the demolition of such buildings and structures (including expenditures to assist in relocating tenants therefrom), if, pursuant to such urban renewal development plan, the land is to be cleared and redeveloped, as certified by such institution to the local public agency and approved by the Administrator, shall be a local grant-in-aid in connection with such urban renewal project: Provided further, That no such expenditures shall be deemed ineligible as a local grant-in-aid in connection with any such project if made not more than five years prior to the authorization by the Administrator of a contract for a loan or capital grant for such urban renewal project: And provided further, That the term "educational institution" as used herein shall mean any educational institution of higher learning, including any public educational institution or any private educational institution, no part of the net earnings of which shall inure to the benefit of any private shareholder or individual."

Housing Act of 1949

land in such area available for disposition, for
uses in accordance with the urban renewal plan,
to such educational institution or hospital for
redevelopment in accordance with the use or uses
specified in the urban renewal plan, (2) by providing,
through the redevelopment of the area in accordance
with the urban renewal plan, a cohesive neighborhood
environment compatible with the functions and needs
of such educational institution or hospital, or (3)
by any combination of the foregoing, the Secretary
is authorized to extend financial assistance under
this title for an urban renewal project in such area
without regard to the requirements in section 110
hereof with respect to the predominantly residential
character or predominantly residential reuse of
urban renewal areas. The aggregate expenditures
made by any such institution or hospital (directly
or through a private redevelopment corporation or
municipal or other public corporation) for the
acquisition within, adjacent to, or in the immediate
vicinity of the project area, of land, buildings,
and structures to be redeveloped or rehabilitated
by such institution for educational uses or by such
hospital for hospital uses in accordance with the
urban renewal plan (or with a development plan
proposed by such institution, hospital, or corporation,
found acceptable by the Secretary after considering
the standards specified in section 110(b), and
approved under State or local law after public
hearing) and for the demolition of such buildings
and structures if, pursuant to such urban renewal
or development plan, the land is to be cleared and
redeveloped, and for the relocation of occupants from
buildings and structures to be demolished or rehabilitated,
as certified by such institution or hospital to the
local public agency and approved by the Secretary, shall
be a local grant-in-aid in connection with such urban
renewal project: Provided, That no such expenditure
shall be eligible as a local grant-in-aid in any case
where the property involved is acquired by such
educational institution or hospital from a local
public agency which, in connection with its acquisi-
tion or disposition of such property, has received,
or contracted to receive, a capital grant pursuant