42 U.S.C. § 1592a — Construction of housing

Page 4849 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592a munity facilities or defense housing under sections 1592 to 1592o of this title, see section 1701g–5 of Title 12, Banks and Banking. EXPIRATION DATE For prohibition of construction of housing or commu- nity facilities by United States under this subchapter, see section 1591c of this title. § 1592. Authority of Secretary Subject to the provisions and limitations of this subchapter and subchapter VIII of this chapter, the Secretary of Housing and Urban De- velopment (hereinafter referred to as the ‘‘Sec- retary’’) is authorized to provide housing in any areas (subject to the provisions of section 1591 of this title) needed for defense workers or mili- tary personnel or to extend assistance for the provision of, or to provide, community facilities or services required in connection with national defense activities in any area which the Presi- dent, pursuant to the authority contained in said section, has determined to be a critical de- fense housing area. (Sept. 1, 1951, ch. 378, title III, § 301, 65 Stat. 303; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592a. Construction of housing (a) Types, sales, preferences in purchases, and payment Consistent with other requirements of na- tional defense, any permanent housing con- structed pursuant to the authority of this sub- chapter shall consist of one- to four-family dwelling structures (including row houses) so ar- ranged that they may be offered for separate sale. All housing of permanent construction which is constructed or acquired under the au- thority of this subchapter shall be sold as expe- ditiously as possible and in the public interest taking into consideration the continuation of the need for such housing by persons engaged in national defense activities. All dwelling struc- tures of permanent construction designed for oc- cupancy by not more than four families (includ- ing row houses) shall be offered for sale, and preference in the purchase of any such dwelling structure shall be granted to occupants and to veterans over other prospective purchasers. As among veterans, preference in the purchase of any such dwelling structure shall be given to disabled veterans whose disability has been de- termined by the Secretary of Veterans Affairs to be service-connected. All dwelling structures of permanent construction in any housing project which are designed for occupancy by more than four families (and other structures in such project which are not sold separately) shall be sold as an entity. On such sales first preference shall be given for such period not less than nine- ty days nor more than six months from the date of the initial offering of such project as the Sec- retary of Housing and Urban Development may determine, to groups of veterans organized on a mutual ownership or cooperative basis (provided that any such group shall accept as a member of its organization, on the same terms, subject to the same conditions, and with the same privi- leges and responsibilities, required of, and ex- tended to, other members of the group any ten- ant occupying a dwelling unit in such project, at any time during such period as the Secretary of Housing and Urban Development shall deem ap- propriate, starting on the date of the announce- ment by the Secretary of Housing and Urban De- velopment of the availability of such project). The Secretary of Housing and Urban Develop- ment shall provide an equitable method of se- lecting the purchasers when preferred pur- chasers (or groups of preferred purchasers) in the same preference class or containing mem- bers in the same preference class compete with each other. Sales pursuant to this section shall be for cash or credit, upon such terms as the Secretary of Housing and Urban Development shall determine, and at the fair value of the property as determined by the Secretary: Pro- vided, That full payment to the Government for the property sold shall be required within a pe- riod of not exceeding twenty-five years with in- terest on unpaid balances at not less than 4 per centum per annum. (b) Temporary housing Where it is necessary to provide housing under this subchapter in locations where, in the deter- mination of the Secretary of Housing and Urban Development, there appears to be no need for such housing beyond the period during which it is needed for housing persons engaged in na- tional defense activities, the provisions of sec- tion 1591a of this title shall not be applicable and temporary housing which is of a mobile or portable character or which is otherwise con- structed so as to be available for reuse at other locations or existing housing built or acquired by the United States under authority of any other law shall be provided. Any temporary housing constructed or acquired under this sub- chapter which the Secretary of Housing and Urban Development determines to be no longer needed for use under this subchapter shall, un- less transferred to the Department of Defense pursuant to section 1592e of this title, or re- ported as excess to the Administrator of the General Services Administration pursuant to chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, be sold as soon as practicable to the highest responsible bidder after public advertising, except that if one or more of such bidders is a veteran purchasing a dwelling unit for his own occupancy the sale of such unit shall be made to the highest respon- sible bidder who is a veteran so purchasing: Pro- vided, That the Secretary of Housing and Urban Development may reject any bid for less than two-thirds of the appraised value as determined by him: Provided further, That the housing may be sold at fair value (as determined by the Sec- retary of Housing and Urban Development) to a public body for public use: And provided further, That the housing structures shall be sold for re- moval from the site, except that they may be sold for use on the site if the governing body of Page 4850 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1592b the locality has adopted a resolution approving use of such structures on the site. (c) Preference in admission to occupancy pend- ing ultimate disposition When the Secretary of Housing and Urban De- velopment determines that any housing pro- vided under this subchapter is no longer re- quired for persons engaged in national defense activities, preference in admission to occupancy thereof shall be given to veterans pending its ul- timate sale or disposition in accordance with the provisions of this subchapter. As among vet- erans, preference in admission to occupancy shall be given to disabled veterans whose dis- ability has been determined by the Secretary of Veterans Affairs to be service-connected. (Sept. 1, 1951, ch. 378, title III, § 302, 65 Stat. 303; July 14, 1952, ch. 723, § 5, 66 Stat. 602; Aug. 2, 1954, ch. 649, title VIII, § 806, 68 Stat. 645; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L. 102–54, § 13(q)(7)(A), June 13, 1991, 105 Stat. 281.) Editorial Notes CODIFICATION In subsec. (b), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. AMENDMENTS 1991—Subsecs. (a), (c). Pub. L. 102–54 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Veterans’ Admin- istration’’. 1954—Subsec. (b). Act Aug. 2, 1954, in second sentence, substituted provisions prescribing the disposition pro- cedure, for former provisions that the housing should ‘‘be disposed of by the Administrator not later than the date, and subject to the conditions and requirements, hereafter prescribed by the Congress: Provided, That nothing in this sentence shall be construed as prohib- iting the Administrator from removing any such hous- ing by demolition or otherwise prior to the enactment of such legislation’’. 1952—Subsec. (b). Act July 14, 1952, inserted ‘‘or exist- ing housing built or acquired by the United States under authority of any other law’’ after ‘‘for reuse at other locations’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592b. Maximum construction costs; determina- tions by Secretary in certain condemnation proceedings The cost per family dwelling unit for any housing project constructed under the authority of this subchapter shall not exceed an average of $9,000 for two-bedroom units in such project, $10,000 for three-bedroom units in such project, and $11,000 for four-bedroom units in such project: Provided, That the Secretary of Housing and Urban Development may increase any such dollar limitation by not exceeding $1,000 in any geographical area where he finds that cost levels so require: Provided further, That in the Terri- tories and possessions of the United States the Secretary of Housing and Urban Development may increase any such dollar limitation by 50 per centum: And provided further, That for the purposes of this section the cost of any land ac- quired by the Secretary of Housing and Urban Development upon the filing of a declaration of taking in proceedings for the condemnation of fee title shall be considered to be the amount de- termined by the Secretary of Housing and Urban Development upon the basis of competent ap- praisal, to be the value thereof. (Sept. 1, 1951, ch. 378, title III, § 303, 65 Stat. 305; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title. § 1592c. Loans or grants for community facilities or services; conditions; maximum amounts; annual adjustments In furtherance of the purposes of this sub- chapter and subject to the provisions hereof, the Secretary of Housing and Urban Development may make loans or grants, or other payments, to public and nonprofit agencies for the provi- sion, or for the operation and maintenance, of community facilities and equipment therefor, or for the provision of community services, upon such terms and in such amounts as the Sec- retary of Housing and Urban Development may consider to be in the public interest: Provided, That grants under this subchapter to any local agency for hospital construction may be made only after such action by the local agency to se- cure assistance under Public Law 725, Seventy- ninth Congress, approved August 13, 1946, as amended, or Public Law 380, Eighty-first Con- gress, approved October 25, 1949, as is determined to be reasonable under the circumstances, and only to the extent that the required assistance is not available to such local agency under said Public Law 725, or said Public Law 380, as the case may be: Provided further, That grants or payments for the provision, or for the mainte- nance and operation, of community facilities or services under this section shall not exceed the portion of the cost of the provision, or the main- tenance and operation, of such facilities or serv- ices which the Secretary of Housing and Urban Development estimates to be attributable to the national defense activities in the area and not to be recovered by the public or nonprofit agen- cy from other sources, including payments by the United States under any other provisions of this Act or any other law: And provided further, That any such continuing grant or payment shall be reexamined and adjusted annually upon the basis of the ability of the agency to bear a greater portion of the cost of such maintenance, operation, or services as a result of increased revenues made possible by such facility or by such defense activities. (Sept. 1, 1951, ch. 378, title III, § 304, 65 Stat. 305; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.)