Housing Act of 1949

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to this title: Provided further, That no such
expenditure shall be deemed ineligible as a local
grant-in-aid in connection with an urban renewal
project, to the extent that the expenditure is
otherwise eligible, if the facilities, land,
buildings, or structures with respect to which
the expenditure is made are located within one
mile of the project.

(b) No expenditure made by any educational
institution or hospital, as provided in subsection
(a), shall be deemed ineligible as a local grant-in-
aid (1) in connection with any urban renewal project
if made not more than seven years prior to the
authorization by the Secretary of a contract for a
loan or capital grant for such project, or (2) in
connection with any such project for which the
Secretary, prior to September 25, 1963, has
authorized a loan or capital grant contract if
made not more than five years prior to the sub-
mission of an application for financial assistance
under this title for such urban renewal project.

(c) The aggregate expenditures made by any public authority, established by any State, for acquisition, demolition, and relocation in connection with land, buildings, and structures acquired by such public authority and leased to an educational institution for educational uses or to a hospital for hospital uses shall be deemed a local grant-in-aid to the same extent as if such expenditures had been made directly by such educational institution or hospital.

(a) As used in this section-

(1) the term "educational institution" means any educational institution of higher learning, including any public educational institution or any private educational institution, no part of the net earnings of which inures to the benefit of any private shareholder or individual; and

(2) the term 'hospital" means any hospital licensed by the State in which such hospital is located, including any public hospital or any

ISec. 705, Demonstration Cities and Metropolitan Development Act of 1966, Public Law 89-754, approved November 3, 1966, 80 Stat. 1255, 1281, added this proviso.

Housing Act of 1949

nonprofit hospital, no part of the net earnings
of which inures to the benefit of any private
shareholder or individual.

Redevelopment Areas Under the Area Redevelopment

Act

Sec. 1131 (a) Whenever the Secretary of Commerce certifies to the Secretary (1) that any county, city, or other municipality (in this section referred to as a municipality") is situated in an area designated under section 5 of the Area Redevelopment Act as a redevelopment area, and (2) that there is a reasonable probability that with assistance provided under such Act and other undertakings the area will be able to achieve more than temporary improvement in its economy, the Secretary is authorized to provide financial assistance to a local public agency in such municipality under this title and the provisions of this section.

(b) Subject to the provisions of subsection (e) of this section, the Secretary may provide such financial assistance under this section without regard to the requirement or limitations of section 110 (c) that the project area be predominantly residential in character or be redeveloped for predominantly residential uses under the urban renewal plan, and without regard to any of the limitations of that section on the undertaking of projects for predominantly nonresidential uses.

(c) Notwithstanding any other provision of this title, a contract for financial assistance under this section may include provisions permitting the disposition of any land in the project area designated under the urban renewal plan for industrial or commercial uses to any public agency or non-profit corporation for subsequent disposition as promptly as practicable by such public agency or corporation for the redevelopment of the land in accordance with the urban renewal plan: Provided, That any disposition

-sec. 113 was added by Sec. 14, Area Redevelopment Act, Public Law 87-27, approved May 1, 1961, 75 Stat. 47, 57. The Area Redevelopment Act was superseded by the Public Works and Economic Development Act of 1965, Public Law 89-136, 79 Stat. 552, 42 U.S.C. 3121.

Housing Act of 1949

of such land to such public agency or corporation
under this section shall be made at its fair value
for uses in accordance with the urban renewal
plan: And provided further, That only the purchaser
from or lessees of such public agency or corporation,
and their assignees, shall be required to assume the
obligations relating to the commencement of improve-
ments imposed under section 105(b) hereof.

(a) Following the execution of any contract for
financial assistance under this section with respect
to any project, the Secretary may exercise the
authority vested in him under this section as well
as other provisions of this title for the completion
of such projects, notwithstanding any determination
made after the execution of such contract that the
area in which the project is located is no longer a
redevelopment area under the Area Redevelopment Act.

(e) Not more than 10 per centum of the funds authorized for capital grants under section 103 after the date of the enactment of the Area Redevelopment Act shall be used for the purpose of providing financial assistance under this section. Amounts used for such purpose shall not be taken into account for the purpose of the limitation contained in the second proviso of the fifth sentence of section 110(c).

Relocation

RELOCATION
PAYMENTS

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Sec. 114. (a) Notwithstanding any other
provision of this title, an urban renewal project
may include the making of payments as prescribed

Isec.

Sec. 114 was added by sec. 310(a), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788.

Sec. 310(b), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 790, provided that:

"Any contract with a local public agency which was executed under title I of the Housing Act of 1949 before the date of the enactment of this Act may be amended to provide for payments authorized by section 114 of the Housing Act of 1949."

The predecessor provisions on relocation payments were contained in sec. 106(1), Housing Act of 1949, as amended, which is set forth in footnote #1 on page 39.

Housing Act of 1949

BUSINESS
CONCERNS AND
NON-PROFIT
ORGANIZATIONS

in this section to displaced individuals, families,
business concerns, and nonprofit organizations;
and any contract for financial assistance under
this title shall provide that the capital grant
otherwise payable for the project shall be increased
by an amount equal to such payments and that no
part of the amount of such payments shall be required
to be contributed as part of the local grant-in-aid.
As used in this section, "displaced" refers to
displacement from an urban renewal area made
necessary by (1) the acquisition of real property
by a local public agency or by any other public
body, (2) code enforcement activities undertaken
in connection with an urban renewal project, or
(3) a program of voluntary rehabilitation of
buildings or other improvements in accordance
with an urban renewal plan.

(b) A local public agency may pay to any
displaced business concern or nonprofit organiza-
tion--

(1) its reasonable and necessary moving expenses and any actual direct losses of property except goodwill or profit (which are incurred on and after August 7, 1956, and for which reimbursement or compensation is not otherwise made): Provided, That such payment shall not exceed $3,000 or, if greater, the total certified actual moving expenses); and

(2) an additional $2,5001 in the case of a private business concern with average annual net earnings of less than $10,000 per year which (A) was doing business in a location in the urban renewal area on the date of local approval of the urban renewal plan (or of acquisition of real property under the third sentence of section 102(a) ), (B) is displaced on or after January 27, 1964, and (c) is not part of an enterprise having establishments

outside the urban renewal area. Notwithstanding the provisions of clause (1) of the preceding sentence, a business concern which is not

Isec. 404(b), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 486, substituted "$2,500" for "$1,500".

Housing Act of 1949

INDIVIDUALS
AND
FAMILIES

being displaced from an urban renewal area shall
be eligible for payments under such clause (1)
of its certified actual moving expenses with
respect to its outdoor advertising displays
being removed from the urban renewal area in
the same manner as though such business concern
were being displaced.

(c) (1) A local public agency may pay to any
displaced individual or family his or its reasonable
and necessary moving expenses and any actual direct
losses of property (which are incurred on and after
August 7, 1956, and for which reimbursement or
compensation is not otherwise made); Provided, That
such payment shall not exceed $200: And provided
further, That the Secretary may authorize payment
to individuals and families of fixed amounts (not
to exceed $200 in any case) in lieu of their
respective reasonable and necessary moving
expenses and actual direct losses of property.
(2)1

In addition to any amount under paragraph
(1), a local public agency may pay to or on behalf
of any displaced family, displaced individual sixty-
two years of age or over, or displaced handicapped
individual, monthly payments over a period not to
exceed twenty-four months in an amount not to
exceed $500 in the first twelve months and $500 in
the second twelve months to assist such displaced
family or individual to secure a decent, safe, and
sanitary dwelling.

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The additional payment shall be an amount
which, when added to 20 per centum of the annual

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Sec. 516, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 526, amended this sentence to read as set forth in the text. Prior to amendment it read as follows: "A local public agency may pay (in addition to any amount under paragraph (1) ), on behalf of any displaced family or any displaced individual sixty-two years of age or over, during the first five months after displacement, a relocation adjustment payment, not to exceed $500, to assist such displaced individual or family to acquire a decent, safe, and sanitary dwelling. " ?sec. 516(2), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 526, substituted "additional" for "relocation adjustment".