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42 U.S.C. § 5312 — Use of grants for settlement of outstanding urban renewal loans of units of general local government

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5312 — Use of grants for settlement of outstanding urban renewal loans of units of general local government

**(a) Limitation on amounts; prerequisites** The Secretary is authorized, notwithstanding any other provision of this chapter, to apply a portion of the grants, not to exceed 20 per centum thereof without the request of the recipient, made or to be made under [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5303&num=0&edition=prelim) in any fiscal year pursuant to an allocation under [section 5306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5306&num=0&edition=prelim) to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 [[42 U.S.C. 1450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1450&num=0&edition=prelim) et seq.] being carried out within the jurisdiction of such unit of general local government if— (1) the Secretary determines, after consultation with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without additional capital grants, or (2) the local public agency carrying out the project submits to the Secretary an appropriate request which is concurred in by the governing body of such unit of general local government. In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be incurred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project. **(b) Approval by Secretary of financial settlement of u

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Source file: Laws/federal/codes/united-states-code/title-42/section-5312-use-of-grants-for-settlement-of-outstanding-urban-renewal-loans-of-units--920f7b7128.md
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Source location: Title 42, Chapter 69, § 5312; chapter-069-community-development.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5303 — Grants to States, units of general local government and Indian tribes; authorizations

The Secretary is authorized to make grants to States, units of general local government, and Indian tribes to carry out activities in accordance with the provisions of this chapter. For purposes of assistance under [section 5306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5306&num=0&edition=prelim), there are authorized to be appropriated $4,000,000,000 for fiscal year 1993 and $4,168,000,000 for fiscal year 1994. Sums authorized pursuant to this section shall remain available until expended.

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42 U.S.C. § 5316 — Transition provisions

**(a) Prohibition on new grants or loans after January 1, 1975; exceptions** Except with respect to projects and programs for which funds have been previously committed, no new grants or loans shall be made after January 1, 1975, under (1) title I of the Demonstration Cities and Metropolitan Development Act of 1966 [[42 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3301&num=0&edition=prelim) et seq.], (2) title I of the Housing Act of 1949 [[42 U.S.C. 1450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1450&num=0&edition=prelim) et seq.] (3) section 702 or section 703 of the Housing and Urban Development Act of 1965 [[42 U.S.C. 3102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3102&num=0&edition=prelim) or 3103], (4) title II of the Housing Amendments of 1955 [[42 U.S.C. 1491](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1491&num=0&edition=prelim) et seq.], or (5) title VII of the Housing Act of 1961 [[42 U.S.C. 1500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1500&num=0&edition=prelim) et seq.]. **(b) Final date in fiscal year for submission of application for grant; establishment by Secretary** In the case of funds available for any fiscal year, the Secretary shall not consider any statement under [section 5304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5304/a&num=0&edition=prelim), unless such statement is submitted on or prior to such date as the Secretary shall establish as the final date for submission of statements for that year.

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12 U.S.C. § 3701 — Findings and purpose

**(a)** The Congress finds that— (1) disparate State laws under which the Secretary of Housing and Urban Development forecloses multifamily mortgages burden the programs administered by the Secretary pursuant to these authorities, and cause detriment to the residents of the affected projects and the community generally; (2) long periods to complete the foreclosure of these mortgages under certain State laws lead to deterioration in the condition of the properties involved; necessitate substantial Federal management and holding expenditures; increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and adversely affect the residents of the projects and the neighborhoods in which the properties are located; (3) these conditions seriously impair the Secretary’s ability to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authorities, as well as the national housing goal of “a decent home and a suitable living environment for every American family”; (4) application of State redemption periods to these mortgages following their foreclosure would impair the salability of the properties involved and discourage their rehabilitation and improvement, thereby compounding the problems referred to in clause (3); (5) the availability of a uniform and more expeditious procedure for the foreclosure of these mortgages by the Secretary and continuation of the practice of not applying postsale redemption periods to such mortgages will tend to ameliorate these conditions; and (6) providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts where they contribute

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42 U.S.C. § 1441 — Congressional declaration of national housing policy

The Congress declares that the general welfare and security of the Nation and the health and living standards of its people require housing production and related community development sufficient to remedy the serious housing shortage, the elimination of substandard and other inadequate housing through the clearance of slums and blighted areas, and the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family, thus contributing to the development and redevelopment of communities and to the advancement of the growth, wealth, and security of the Nation. The Congress further declares that such production is necessary to enable the housing industry to make its full contribution toward an economy of maximum employment, production, and purchasing power. The policy to be followed in attaining the national housing objective established shall be: (1) private enterprise shall be encouraged to serve as large a part of the total need as it can; (2) governmental assistance shall be utilized where feasible to enable private enterprise to serve more of the total need; (3) appropriate local public bodies shall be encouraged and assisted to undertake positive programs of encouraging and assisting the development of well-planned, integrated residential neighborhoods, the development and redevelopment of communities, and the production, at lower costs, of housing of sound standards of design, construction, livability, and size for adequate family life; (4) governmental assistance to eliminate substandard and other inadequate housing through the clearance of slums and blighted areas, to facilitate community development and redevelopment, and to provide adequate housing for urban and rural nonfarm families with incomes so low th

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42 U.S.C. § 5306 — Allocation and distribution of funds

**(a) Amounts allocated to Indian tribes, discretionary fund, and metropolitan cities and urban counties; limitations on amount of annual grants** (1) For each fiscal year, of the amount approved in appropriation Acts under [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5303&num=0&edition=prelim) for grants for such fiscal year (excluding the amounts provided for use in accordance with [section 5307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5307&num=0&edition=prelim)), the Secretary shall reserve for grants to Indian tribes 1 percent of the amount appropriated under such section. The Secretary shall provide for distribution of amounts under this paragraph to Indian tribes on the basis of a competition conducted pursuant to specific criteria for the selection of Indian tribes to receive such amounts. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment. Notwithstanding any other provision of this Act, such grants to Indian tribes shall not be subject to the requirements of [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5304&num=0&edition=prelim), except subsections (f), (g), and (k) of such section. (2) For each fiscal year, of the amount approved in appropriation Acts under [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5303&num=0&edition=prelim) for grants for such fiscal year (excluding the amounts provided for use in accordance with [section 5307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5307&num=0&edition=prelim)), the Secretary shall reserve

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42 U.S.C. § 1450 — Untitled legal text

Page 4736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1445 other persons and circumstances, but shall be confined in its operation to the provision of this Act, or the application thereof to the persons and circumstances directly involved in the con- troversy in which such judgment shall have been rendered. (July 15, 1949, ch. 338, title VI, § 611, 63 Stat. 443.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, known as the Housing Act of 1949, which is classified principally to this chapter (§ 1441 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. § 1445. Repealed. Aug. 9, 1955, ch. 690, § 4(1), 69 Stat. 625 Section, act July 15, 1949, ch. 338, title VI, § 612, 63 Stat. 444, related to striking or subversive employees of the Housing and Home Finance Agency and the Depart- ment of Agriculture, withholding of their wages, and penalties. See sections 3333 and 7311 of Title 5, Govern- ment Organization and Employees, and section 1918 of Title 18, Crimes and Criminal Procedure. § 1446. Transferred Editorial Notes CODIFICATION Section, act Aug. 2, 1954, ch. 649, title VIII, § 814, 68 Stat. 647, as amended, which related to keeping of records, provided for their contents, and authorized ex- amination and audit thereof, was transferred to section 1434 of this title. SUBCHAPTER II—SLUM CLEARANCE AND URBAN RENEWAL PART A—URBAN RENEWAL PROJECTS, DEMOLI- TION PROGRAMS, AND CODE ENFORCEMENT PROGRAMS §§ 1450, 1451. Omitted Editorial Notes CODIFICATION Section 1450, act July 15, 1949, ch. 338, title I, § 100, as added Aug. 2, 1954, ch. 649, title III, § 302, 68 Stat. 622; amended Sept. 23, 1959, Pub. L. 86–37

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5312 — Use of grants for settlement of out-

Page 6529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5313 tional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclu- sive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action. (4) Upon the filing of the record with the court, the jurisdiction of the court shall be ex- clusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28. (Pub. L. 93–383, title I, § 111, Aug. 22, 1974, 88 Stat. 650.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. § 5312. Use of grants for settlement of out- standing urban renewal loans of units of gen- eral local government (a) Limitation on amounts; prerequisites The Secretary is authorized, notwithstanding any other provision of this chapter, to apply a portion of the grants, not to exceed 20 per cen- tum thereof without the request of the recipi- ent, made or to be made under section 5303 of this title in any fiscal year pursuant to an allo- cation under section 5306 of this title to any unit of general local govern

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