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Housing Act of 1949

the income of the individual or family exceeds
$3,000 a year, a grant may be made under this
section, subject to the limitations specified
in clauses (i) and (2) of the preceding sentence,
but only in an amount not to exceed that portion
of the cost of the repairs and improvements which
cannot be paid for with any available loan that can
be amortized as part of such individual's or
family's monthly housing expense without requiring
such monthly housing expense to exceed 25 per centum
of such individual's or family's monthly income.

Demolition

DEMOLITION
GRANTS

Sec. 116.1 (a) Notwithstanding any other provision of this title, the Secretary is authorized to enter into contracts to make, and to make, grants as provided in this section (payable from any grant funds provided under section 103(b) ) to cities, other municipalities, and counties to assist in financing the cost of demolishing structures which under State or local law have been determined to be structurally unsound, a harborage or potential harborage of rats, or unfit for human habitation, and which such city, municipality, or county has authority to demolish. The amount of any grant under this section shall not exceed two-thirds of the cost of the demolition of such structures.

(b) No grant shall be made under this section unless the structures to be demolished are located in an urban renewal area, or, in the case of structures outside an urban renewal area, (1) the locality involved has an approved workable program for community improvement in accordance with the requirements of section 101(c), as determined by the Secretary, (2) the demolition to be assisted will be on a planned

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Sec. 116 was added by sec. 311(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 477.

Sec. 510(a), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 524, inserted "a harborage or potential harborage of rats".

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Housing Act of 1949

neighborhood basis and will further the, over-all
renewal objectives of such locality, or will be
consistent with a systematic rodent control program
being undertaken in the neighborhood, (3) there is
in such locality a program of enforcement of
existing local housing and related codes, (4) the
structures to be demolished constitute a public
nuisance and a serious hazard to the public health
or welfare, and (5) the governing body of such
locality has determined that other available legal
procedures have been exhausted to secure remedial
action by the owner of the structures involved and
that demolition by governmental action is required.

Code Enforcement

CODE ENFORCEMENT GRANTS

2 Sec. 117.“ Notwithstanding any other provision of this title, the Secretary is authorized to enter into contracts to make, and to make, grants as provided in this section (payable from any grant funds provided under section 103(b)) to cities, other municipalities, and counties for the purpose of assisting such localities in carrying out programs of concentrated code enforcement in deteriorated or deteriorating areas in which such enforcement, together with those public improvements to be provided by the locality, may be expected to arrest the decline of the area. Such grants shall not exceed two-thirds (or three-fourths in the case of any city, other municipality, or county having a population of 50,000 or less according to the most recent decennial census) of the cost of planning and carrying out such programs which may include the provision and repair of necessary streets, curbs, sidewalks, street lighting, tree planting, and similar improvements within such areas. The Secretary shall not make any grant under this

The balance of clause (2) was inserted by sec. 510(b), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 524.

Sec. 117 was added by sec. 311(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 477.

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Housing Act of 1949

section unless he has obtained adequate
assurances (1)that the locality will
maintain during the period of the contract,
in addition to its expenditures for planning
and carrying out any program assisted under
this section, a level of expenditures for code
enforcement activities at not less than its
normal expenditures for such activities prior
to the execution of such contract, and (2)
that the locality has a satisfactory program
for the provision of all necessary public
improvements for such areas. The provisions
of sections 101(c), 106, 114, and 115 shall be
applicable to activities and undertakings
assisted under this section to the same extent
as if such activities and undertakings were
being carried out in an urban renewal area as

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part of an urban renewal project: Provided,
That the Secretary may, in addition to authorizing
a local public agency to make grants as prescribed
in section 115, make such grants through the
utilization of local private nonprofit agencies.

INTERIM ASSISTANCE FOR BLIGHTED AREAS

INTERTM
ASSISTANCE

Sec. 118.2 Notwithstanding any other provision of this title, the Secretary is authorized to enter into contracts (in an aggregate amount not to exceed $15,000,000 in any fiscal year) to make, and to make, grants as provided in this section (payable from any grant funds provided under section 103(b)) to cities, other municipalities, and counties for the purpose of assisting such localities in carrying out programs to alleviate harmful conditions in slum and blighted areas which are planned for substantial clearance, rehabilitation, or federally assisted code enforcement in the near future but in which some immediate public action is needed until clearance, rehabilitation, or code enforcement activities can be undertaken. Such grants shall not exceed two-thirds (or threefourths in the case of any city, other municipality,

This proviso was added by sec. 515, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 525.

2sec. 118 was added by sec. 514, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 525.

Housing Act of 1949

or county having a population of fifty thousand
or less according to the most recent decennial
census) of the cost of planning and carrying out
programs which may include (1) the repair of
streets, sidewalks, parks, playgrounds, publicly
owned utilities, and public buildings to meet
needs consistent with the short-term continued use
of the area prior to the undertaking of the
contemplated clearance or upgrading activities,
(2) the improvement of private properties to the
extent needed to eliminate the most immediate
dangers to public health and safety, (3) the
demolition of structures determined to be
structurally unsound or unfit for human habita-
tion and which constitute a public nuisance and
serious hazard to the public health and safety,
(4) the establishment of temporary public play-
grounds on vacant land within the area, and (5)
the improvement of garbage and trash collection,
street cleaning, and similar activities. The
Secretary shall encourage, wherever feasible,
the employment of otherwise unemployed or under-
employed residents of the area in carrying out the
activities and undertakings assisted under this
section. The provisions of sections 101(c), 106,
and 114 shall be applicable to activities and
undertakings assisted under this section to the
same extent as if such activities and undertakings
were being carried out in an urban renewal area as
part of an urban renewal project.

PART B-NEIGHBORHOOD DEVELOPMENT PROGRAMS 1

PURPOSE AND AUTHORITY

Sec. 131.2 (a) To facilitate more rapid renewal and development of urban areas on an effective scale, and to encourage more efficient and flexible utilization of public and private development opportunities by local communities in such areas, the

Ithis heading was inserted by sec. 501 (b), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 518. sec.

Sec. 131 was added by sec. 501, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 518.

Housing Act of 1949

Secretary is authorized to make financial
assistance available under this title to local
public agencies for undertakings and activities
which are carried out under a neighborhood
development program approved by him pursuant to
this part.

(b) A neighborhood development program shall
consist of urban renewal project undertakings and
activities in one or more urban renewal areas which
are planned and carried out on the basis of annual
increments in accordance with the provisions of
this title for planning and carrying out urban
renewal projects, except as modified by the
provisions of this part.

(c) No application for financial assistance
in planning and carrying out a neighborhood develop-
ment program shell be approved by the Secretary
unless--

(1) the governing body of the locality has,
by resolution or ordinance, approved the
proposed program and the annual increment
covered by the application and authorized
the filing of the application for financial
assistance; and
(2) the Secretary has concluded that there
is the necessary capacity to carry out the
undertakings and activities included under
the program.

FINANCIAL PROVISIONS

Sec. 132. (a) Upon the approval of a neighborhood development program by the Secretary, the cost of any undertakings and activities authorized as part of the program shall be financed in accordance with the loan, capital grant, and project cost provisions of part A, except that-

(1) net project cost may be calculated on the basis of costs incurred and proceeds derived for the account of the program during a specified twelve-month period, and may be recalculated for succeeding periods of twelve months to

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Sec. 132 was added by sec 501, Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 518.

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