42 U.S.C. § 1585 — Acquisition of housing sites

Page 4836 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1585 shall be eligible for admission to such housing, nor (4) to any temporary housing in which ac- commodations have been reserved, prior to the enactment of this section, for veterans attend- ing an educational institution if (i) such institu- tion certifies that the accommodations are ur- gently needed for such veterans and submits facts showing, to the satisfaction of the Sec- retary of Housing and Urban Development, that all reasonable efforts have been made by the in- stitution to find other accommodations for them and (ii) such institution agrees to reim- burse the Secretary of Housing and Urban De- velopment for any financial loss to the Sec- retary of Housing and Urban Development in the operation of the accommodations after June 30, 1951. (Oct. 14, 1940, ch. 862, title VI, § 604, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended June 30, 1951, ch. 197, 65 Stat. 110; Sept. 1, 1951, ch. 378, title VI, § 603(a), 65 Stat. 314; Ex. Ord. No. 10284, §§ 3–5, eff. Sept. 4, 1951, 16 F.R. 8971; Ex. Ord. No. 10339, eff. Apr. 7, 1952, 17 F.R. 3012; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Subchapters III and VI of this chapter, referred to in text, were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. AMENDMENTS 1951—Act Sept. 1, 1951, repealed former fourth and fifth provisos which related to adjustments in rentals that might be set for Government-owned temporary housing. Act June 30, 1951, substituted ‘‘August 15, 1951’’ for ‘‘July 1, 1951’’. 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. Executive Documents EXECUTIVE ORDER NO. 10284 Ex. Ord. No. 10284, Sept. 4, 1951, extended time for fill- ing vacancies from Aug. 15, 1951, to July 1, 1952, for no- tices to vacate premises from Mar. 31, 1952, to Mar. 31, 1953, for time of vacating from July 1, 1952, to July 1, 1953, and for eviction from July 1, 1952, to July 1, 1953. See note set out under section 1589a of this title. EXECUTIVE ORDER NO. 10339 Ex. Ord. No. 10339, Apr. 7, 1952, set out as a note under section 1589a of this title, extended time for filling va- cancies from July 1, 1952, to July 1, 1953, for notices to vacate premises from Mar. 31, 1953, to Mar. 31, 1954, for time of vacating from July 1, 1953, to July 1, 1954, and for eviction from July 1, 1953, to July 1, 1954. § 1585. Acquisition of housing sites (a) Lease, condemnation or purchase; temporary housing The Secretary of Housing and Urban Develop- ment may continue by lease or condemnation any interest less than a fee simple in lands here- tofore acquired by the Secretary of Housing and Urban Development for national defense or war housing or for veterans’ housing (whether of per- manent or temporary character), or held by any Federal agency in connection therewith, and may acquire, by purchase or condemnation, a fee simple title to or lesser interest in any such lands if the Secretary of Housing and Urban De- velopment determines that the acquisition of such fee simple or lesser interest is necessary to protect the Government’s investment or to maintain the improvements constructed there- on, or that the cost of fulfilling the Govern- ment’s obligation to restore the property to its original condition would equal or exceed the cost of acquiring the title thereto. In any city in which, on March 1, 1953, there were more than ten thousand temporary housing units held by the United States of America, or any two contiguous cities in one of which there were on such date more than ten thousand tem- porary housing units so held, the Secretary of Housing and Urban Development may acquire, by purchase or condemnation, a fee simple title to any or all lands in which the Secretary holds a leasehold interest, or other interest less than a fee simple, acquired by the Federal Govern- ment for national defense or war housing or for veteran’s housing where (1) the Secretary of Housing and Urban Development finds that the acquisition by the Secretary of a fee simple title in the land will tend to expedite the orderly dis- posal or removal of temporary housing under the Secretary’s jurisdiction by facilitating the availability of improved sites for privately owned housing needed to replace such tem- porary housing, and will tend to expedite the transition of the city from a war-affected com- munity containing, as of said date, a large num- ber of temporary houses to a community having additional permanent, well-planned, residential neighborhoods, (2) the local governing body of the city makes a like finding and requests the Secretary of Housing and Urban Development to acquire such title to the land, and (3) the city has furnished assurances satisfactory to the Secretary of Housing and Urban Development that no individual who is employed by, or is an official of, the government of the city in which the land is located, or any agency thereof, shall be permitted, directly or indirectly, to have any financial interest in the purchase or redevelop- ment of such land: Provided, That such acquisi- tions by the Secretary of Housing and Urban De- velopment pursuant to this sentence shall be limited to not exceeding four hundred and twen- ty-five acres of land in the general area in which approximately one thousand five hundred units of temporary housing held by the United States of America were unoccupied on said date: And provided further, That funds for such acquisition by the Secretary of Housing and Urban Develop- ment, which are authorized, pursuant to sub- section (c) of this section and title II of the Independent Offices Appropriation Act, 1955, to be expended from the revolving fund established by section 1701g–5 of title 12, shall be taken into consideration, to the extent that they are need- ed, in making any determination pursuant to the second proviso under that section. All or any Page 4837 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1585 1 So in original. Probably should be ‘‘subsections’’. part of any land so acquired by the Secretary of Housing and Urban Development may, during the five year period following the date of its ac- quisition, be sold by the Secretary, through ne- gotiated sale, to such city or any local public agency where (1) the city or local public agency has represented to the Secretary of Housing and Urban Development that it is duly authorized under State law to purchase and resell such land, that such land will be made available to private enterprise for development in accord- ance with local zoning and other laws, and that the aggregate of such land and any other land in the same city previously sold under the author- ity of this paragraph to the city or a local public agency will be developed for predominantly resi- dential use, and (2) the city or local public agen- cy has agreed to pay the fair market value of the land as determined by the Secretary of Housing and Urban Development, after giving consideration, among other relevant informa- tion, to the cost to the Federal Government of acquiring the fee simple title and of holding the land pending sale (including estimated amounts to cover legal and overhead expenses of such ac- quisition and to cover interest costs to the Fed- eral Government of monies invested in the land pending sale). Any such negotiated sale of land to the city or a local public agency shall be made upon terms which require (1) that the city or public agency shall pay in cash at least one third of the price of the land upon its convey- ance and the entire price within one year after its conveyance and (2) that any portion of the entire price not paid upon such conveyance shall be represented by an indebtedness which shall bear interest on outstanding balances at a rate of 4 per centum per annum and which shall be secured by a first mortgage lien upon the land or such portion of the land as the Secretary of Housing and Urban Development deems ade- quate to protect the financial interest of the Federal Government. The Secretary of Housing and Urban Development may, at any time that the Secretary deems it to be in the public inter- est to do so, dispose, under authority of other provisions of subchapters II to VII of this chap- ter, of any land acquired by the Secretary pursu- ant to this paragraph. Any land acquired by the Secretary of Housing and Urban Development pursuant to this paragraph which has not been disposed of within five years after its acquisi- tion shall be disposed of by the Secretary as ex- peditiously as possible in the public interest in accordance with other authority contained in subchapters II to VII of this chapter. Notwith- standing the provisions of section 1546 of this title or any other provisions of law, no pay- ments in lieu of taxes shall be made for any tax year beginning subsequent to the date of the ac- quisition of title to the property by the Sec- retary of Housing and Urban Development. (b) Land rentals In any case in which the Secretary of Housing and Urban Development holds, on or after April 1, 1950, an interest in land acquired by the Fed- eral Government for national defense, war hous- ing, or veterans’ housing and where (1) the term of such interest (as prescribed in the taking or in the lease or other instruments) is for the ‘‘du- ration of the emergency’’ or ‘‘duration of the war’’, or ‘‘duration of the emergency’’ or ‘‘dura- tion of the war’’ plus a specific period there- after, or for some similarly prescribed term, and (2) the rental, award, or other consideration which the Federal Government is obligated to pay or furnish for such interest gives the owner of the land less than an annual return, after payment of real estate taxes, of 6 per centum of the lowest value placed on such land by an inde- pendent appraiser, hired by the Government to make such appraisal based on the value of the land before the acquisition of the Government’s interest therein, plus 100 per centum of such value, the Secretary of Housing and Urban De- velopment shall, upon request of the owner of the land and, notwithstanding any existing con- tractual or other rights or obligations, increase the amount of future payments for such interest in order to give the owner of the land a return for the Government’s use thereof not exceeding the 6 per centum annual return described in (2) of this subsection: Provided, That this sub- section shall not affect any payment heretofore made or any future payment accepted by an ob- ligee, nor shall this subsection limit the consid- eration which may be paid for the use of any land beyond the existing term of the Govern- ment’s interest therein. (c) Reserve account; availability of moneys Notwithstanding any other provisions of law unless hereafter enacted expressly in limitation hereof, moneys shall be deposited in the reserve account established pursuant to subsection (a) and subsection (b) of section 1543 of this title (which account is hereby continued subject to the limitation as to amount specified in sub- section (c) thereof) and all moneys deposited in such reserve account shall be and remain avail- able for any or all of the purposes specified in said subsections (a) or (b) or in this section without regard to the time prescribed in sub- section (c) of section 1543 of this title with re- spect to covering moneys in such account into miscellaneous receipts. Moneys in such reserve accounts shall also be available for the payment of necessary expenses (which shall be considered nonadministrative expenses) in connection with administering (1) transfers pursuant to section 1581 of this title, (2) redeterminations of the temporary or permanent character of demount- able housing pursuant to section 1583 of this title, (3) changes in land tenure and revisions in the consideration payable to landowners pursu- ant to subsection 1 (a) and (b), and (4) transfers of permanent war housing for low-rent use pur- suant to section 1586 of this title. Moneys in such reserve account shall also be available for the purpose of making improvements to, or al- terations of, any permanent housing or part thereof if (1) the dwelling structures therein are designed for occupancy by not more than four families and are to be sold separately and (2) such improvement or alteration is requested by the local governing body as a condition to the acceptance of the dedication of streets or utili- ties or is necessary for compliance with local law or regulation relating to the continued oper- Page 4838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1586 ation or occupancy of the housing by a pur- chaser. (Oct. 14, 1940, ch. 862, title VI, § 605, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Sept. 1, 1951, ch. 378, title VI, § 603(b), (c), 65 Stat. 314; Aug. 2, 1954, ch. 649, title VIII, § 805(1), 68 Stat. 644; Aug. 11, 1955, ch. 783, title I, § 108(d), 69 Stat. 638; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Title II of the Independent Offices Appropriation Act, 1955, referred to in subsec. (a), is title II of act June 24, 1954, ch. 359, 68 Stat. 294. Provisions of title II that au- thorized funds for acquisition of housing sites are not classified to the Code. Subchapters III and VI of this chapter, referred to in subsec. (a), were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title. Section 1543 of this title, referred to in subsec. (c), was omitted from the Code. AMENDMENTS 1955—Subsec. (a). Act Aug. 11, 1955, authorized Admin- istrator to acquire a fee simple title to lands where he finds that such acquisition will tend to expedite the transition of the city from a war-affected community containing a large number of temporary houses to a community having additional permanent, well-planned, residential neighborhoods. 1954—Subsec. (a). Act Aug. 2, 1954, added second par. 1951—Subsec. (b). Act Sept. 1, 1951, in cl. (2), inserted ‘‘plus 100 per centum of such value’’, substituted ‘‘shall’’ for ‘‘is authorized’’ and ‘‘increase’’ for ‘‘to in- crease’’. 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. § 1586. Sale of specific housing projects (a) Conditions precedent The Secretary of Housing and Urban Develop- ment is specifically authorized to convey the following housing projects to the following local public housing agencies respectively, if— (1) on or before January 30, 1953, (i) the con- veyance is requested by the governing body of the municipality or county and (ii) the public housing agency has demonstrated to the satis- faction of the Secretary of Housing and Urban Development that there is a need for low-rent housing (as such term is defined in the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]) within the area of operation of such pub- lic housing agency which is not being met by private enterprise; (2) the Secretary of Housing and Urban De- velopment determines that the project re- quested will meet such need in whole or in part, and is suitable for low-rent housing use; and (3) on or before June 30, 1953, the governing body of the municipality or county enters into an agreement with the public housing agency (satisfactory to the Secretary of Housing and Urban Development) providing for local co- operation and payments in lieu of taxes not in excess of the amount permitted by subsection (c)(5) of this section, and the public housing agency enters into an agreement with the Sec- retary of Housing and Urban Development (in accordance with subsection (c) of this section) or for the administration of the project: State Project num- ber Local public housing agency Alabama .............. 1041 Housing Authority of District of Birmingham. 1061 Housing Authority of Greater Gadsden. 1062 Housing Authority of Greater Gadsden. 1031 Housing Board of Mobile. 1033 Housing Board of Mobile. 1034 Housing Board of Mobile. 1035 Housing Board of Mobile. 1036 Housing Board of Mobile. 1101 Housing Board of Mobile. 1102 Housing Board of Mobile. 1072 Housing Authority of Sylacauga. 1076 Housing Authority of Sylacauga. 1073 Housing Authority of City of Talladega. Arkansas ............. 3023 Housing Authority of City of Conway. California ............ 4031 Housing Authority of City of Fres- no. 4161 Housing Authority of County of Kern. 4141 Housing Authority of County of Kern. 4103 Housing Authority of City of Los Angeles. 4104 Housing Authority of City of Los Angeles. 4108 Housing Authority of City of Los Angeles. 4121 Housing Authority of City of Paso Robles. 4171 Housing Authority of City of Rich- mond. 4174 Housing Authority of City of Rich- mond. Connecticut ......... 6091 Housing Authority of City of Bris- tol. 6024 Housing Authority of Town of East Hartford. 6031 Housing Authority of City of New Britain. 6032 Housing Authority of City of New Britain. 6101 Housing Authority of City of New Haven. 6041 Housing Authority of City of Wa- terbury. 6213 Housing Authority of City of Wa- terbury. District of Colum- bia. 49012 National Capital Housing Author- ity. 49017 National Capital Housing Author- ity. 49044 National Capital Housing Author- ity. Florida ................ 8052 Housing Authority of City of Jack- sonville. 8121 Housing Authority of City of Lake- land. 8062 Housing Authority of City of Miami. 8011 Housing Authority of City of Or- lando. 8082 Housing Authority of City of Pen- sacola. 8084 Housing Authority of City of Pen- sacola. 8085 Housing Authority of City of Pen- sacola. 8131 Housing Authority of City of Sebring. 8041 Housing Authority of City of West Palm Beach. Georgia ............... 9071 Housing Authority of City of Al- bany. 9061 Housing Authority of Macon. 9063 Housing Authority of Macon. 9041 Housing Authority of Savannah. 9042 Housing Authority of Savannah. 9043 Housing Authority of Savannah. Illinois ................ 11081 Madison County Housing Author- ity. 11082 Madison County Housing Author- ity. 11111 Winnebago County Housing Au- thority.