Housing Act of 1949

income of the displaced individual or family
at the time of displacement, equals the average
rental required, for a 12-month period, for such
a decent, safe, and sanitary dwelling of modest
standards adequate in size to accommodate the
displaced individual or family (in the urban
renewal area or in other areas not generally
less desirable in regard to public utilities and
public and commercial facilities): Provided,
That such payment shall be made only to an
individual or family who is unable to secure
a dwelling unit in a low-rent housing project
assisted under the United States Housing Act
of 1937, or under a State or local program
found by the Secretary to have the same general
purposes as the Federal program under such Act,
orl a dwelling unit assisted under section 101
of the Housing and Urban Development Act of 1965:
Provided further, 2That additional payments under
this paragraph may be paid on a lump sum or
other than monthly basis in cases in which the
small size of the payments that would otherwise
be required do not warrant a number of separate
payments or in other cases in which other than
monthly payments are determined warranted by the

Secretary: And Provided further, 2 That no payment

received under this paragraph shall be considered
as income for the purpose of determining the
eligibility or the extent of eligibility of any
person for assistance under the Social Security
Act or any other Federal Act.

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

or a dwelling unit assisted under section 101 of the Housing and Urban Development Act of 1965" (the rent supplement program). 20

Sec. 516(3), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 526, substituted the last 2 provisos in this paragraph for the following proviso: "Provided further, That payments under this paragraph shall be available only in the case of families, and individuals sixty-two years of age or over, displaced on or after January 27, 1964.

Housing Act of 1949

PAYMENT FOR
HOME

REPLACEMENT

1

(3)1In

(3) In addition to any amount under paragraph (1), a local public agency may make a payment to a displaced family or individual, who does not receive the additional payment authorized under paragraph (2) and who is the owner of real property which is acquired for a project assisted under this title and which is improved by a single-or two-family dwelling occupied by the owner for a period of not less than one year prior to the initiation of negotiations for the acquisition of such property. Such payment, not to exceed $5,000, shall be an amount which, when added to the acquisition payment, equals the average price required for a decent, safe, and sanitary dwelling of modest standards adequate in size to accommodate the displaced owner, reasonably accessible to public services and places of employment and available on the private market: Provided, That such payment may be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which he is required to move from the dwelling acquired for the project: Provided further, That no such payments may be made if the owner-occupant receives a payment required by the State law of eminent domain which is determined by the Secretary to have substantially the same purpose and effect as this paragraph and to be part of the cost of the project for which Federal financial assistance is available.

(a) In addition to payments authorized to be made under subsections (b) and (c), a local public agency may pay to any displaced individual, family, business concern, or nonprofit organization reasonable and necessary expenses incurred for (1) recording fees, transfer taxes, and similar expenses incidental to conveying real property to a project assisted under this title, (2) penalty costs for

Sec. 516(4), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 526, added paragraph 3. 2Subsection (a) was added by sec. 404(c) (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 486.

404(c)

Housing Act of 1949

RULES AND
REGULATIONS

prepayment of any mortgage encumbering such real
property taxes allocable to a period subsequent
to the date of vesting of title or the effective
date of the acquisition of such real property by
such agency, whichever is earlier.

(e) The Secretary is authorized to establish
such rules and regulations as he may deem appropriate
in carrying out the provisions of this section and
may provide in any contract with a local public
agency, or in regulations promulgated by the Secretary,
that determinations of any duly designated officer
or agency as to eligibility for and the amount of
relocation assistance authorized by this section
shall be final and conclusive for any purposes and
not subject to redetermination by any court or any
other officer. Such regulations shall include
provisions to assure that relocation payments, as
authorized by this section, shall be made as promptly
as possible to all families, individuals, business
concerns, and nonprofit organizations found to be
eligible for such payments by reason of their having
been displaced from property in the urban renewal
area, without regard to any subsequent proceedings,
determinations, or events relating to such property
which do not bear upon whether such displacement
in fact occurred.

1

Rehabilitation Grants

Sec. 115 (a)2 Notwithstanding any other

Subsection (e) was originally enacted as subsection (d) by sec. 310(a), Housing Act of 1964, Public Law 88-560, approved Sept. 2, 1964, 78 Stat. 769, 788.

Sec. 404(c) (1), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 486, redesignated this subsection as subsection (e).

2

Section 115 was added by sec. 106(a), Housing and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 457.

Sec. 106(b), Housing and Urban Development Act of 1965 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 enactment of the Housing and Urban Development of 1965 (August 10, 1965) may be amended to provide for grants authorized by sec 115 of the Housing Act of 1949.

Housing Act of 1949

REHABILITATION

GRANTS

provision of this title, the Secretary may
authorize a local public agency to make grants
(and the urban renewal project may include the
making of such grants) as prescribed in this
section. Any such grant may be made only to
an individual or family, as described in
subsection (c), who owns and occupies real
property in an urban renewal area, and only
for the purpose of covering the cost of
repairs and improvements necessary to make such
real property2 conform to public standards for
decent, safe, and sanitary housing as required
by applicable codes or other requirements of
the urban renewal plan for the area. 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 the total amount
of the grants under this section and that no part
of the total amount of such grants shall be
required to be contributed as part of the local
grant-in-aid.

(2)3In addition to the authority conferred
by paragraph (1), and notwithstanding any other
provision of this title, the Secretary is
authorized, through the utilization of local
public agencies where feasible, to make grants
(payable from any grant funds provided under
Section 103(b) to an individual or family,
as described in subsection (b), to cover the
cost of repairs and improvements necessary

1

Sec. 503(a) (2), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521, substituted "(c)" for "(b)".

2

Sec. 503(a), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521, substituted "real property" for "structure".

3Paragraph (2) was added by sec. 503(c), Housing and Urban Development

Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521.

Housing Act of 1949

to make real property owned and occupied by such
individual or family conform to public standards for
decent, safe, and sanitary housing. No grants shall
be made under this paragraph in the case of any
property, unless (A) such property is in an area
within a locality (other than an urban renewal or
code enforcement area) which the governing body
of the locality has determined, and so certifies
to the Secretary, contains a substantial number
of structures in need of such repairs and improve-
ments, (B) there is in effect for the locality a
workable program meeting the requirements of section
101(c), and (c) the area is definitely planned for
rehabilitation or concentrated code enforcement
within a reasonable time, and such repairs and
improvements to such property are consistent with
the plan for rehabilitation or concentrated code
enforcement.

(b) The Secretary is authorized to make grants
(payable from any grant funds provided under section
103(b)), through the utilization of local public
and private agencies where feasible, to an individual
or family, as described in subsection (c), who owns
and occupies real property which has been determined
to be uninsurable because of physical hazards after
an inspection pursuant to a statewide property
insurance plan approved by the Secretary under title
XII of the National Housing Act. Such grants may
only be made to rehabilitate such property to the
extent which the Secretary determines to be necessary
to make it meet reasonable underwriting standards
imposed by such plan.

(c) A grant authorized by this section may be made to an individual or family whose income does not exceed $3,000 a year, and such grant may be in the amount which does not exceed the lesser of (1) the actual (and approved) cost of the repairs and improvements involved, or (2)$3,000. In case

1Sec. 503(a), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521, redesignated the former subsection (b) as (c) and inserted this subsection as a new subsection (b).

2Sec.

503(b), Housing and Urban Development Act of 1968, Public Law 90-448, approved August 1, 1968, 82 Stat. 476, 521, substituted "$3,000" for "$1,500".