42 U.S.C. § 1584 — Removal of all dwelling structures on

Page 4835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1584 2 So in original. Probably should be preceded by ‘‘subsection’’. nicipality or county has adopted a resolution determining that, on the basis of local need and acceptability, the structures involved are (1) satisfactory for such long-term use or (2) satisfactory for such long-term use if condi- tions prescribed in such resolution, affecting the physical characteristics of the project, are met: Provided, That any such conditions shall not affect the disposal of any temporary hous- ing hereunder, and the United States shall as- sume no responsibility for compliance with such conditions: And provided further, That any housing disposed of for housing use in ac- cordance with this subsection shall thereafter be deemed to be housing accommodations, the construction of which was completed after June 30, 1947, within the meaning of section 4 of the Housing and Rent Act of 1947, as amend- ed, relating to preference or priority to vet- erans or their families; or (d) disposed of or relinquished by the Sec- retary of Housing and Urban Development prior to April 20, 1950, subject to such require- ments or contractual obligations pursuant thereto, where the governing body of the mu- nicipality or county on or before December 31, 1950, adopts a resolution as provided in (c) 2 above; and any contract obligations to the Federal Government for the removal of such housing shall be relinquished upon the filing of such a resolution with the Secretary of Housing and Urban Development. (Oct. 14, 1940, ch. 862, title VI, § 602, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended Oct. 26, 1951, ch. 577, § 2, 65 Stat. 648; Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.) Editorial Notes REFERENCES IN TEXT Section 1575 of this title, referred to in subsec. (a), has been omitted from the Code. Section 4 of the Housing and Rent Act of 1947, re- ferred to in subsec. (c), is section 4 of act June 30, 1947, ch. 163, title I, 61 Stat. 195, which was formerly classi- fied to section 1884 of the former Appendix to Title 50, War and National Defense, and has been omitted from the Code. AMENDMENTS 1951—Subsec. (c). Act Oct. 26, 1951, struck ‘‘of World War II’’ thus making section applicable to veterans of Korean war. 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. § 1583. Redetermination of demountable housing as temporary or permanent With respect to any housing classified, prior to April 20, 1950, by the Secretary of Housing and Urban Development as demountable, the Secretary of Housing and Urban Development shall, as soon as practicable but not later in any event than December 31, 1950, and after con- sultation with the communities affected, rede- termine (taking into consideration local stand- ards and conditions) whether such housing is of a temporary or permanent character, and after such redetermination shall dispose of such hous- ing in accordance with the provisions of this subchapter. (Oct. 14, 1940, ch. 862, title VI, § 603, as added June 28, 1948, ch. 688, § 7, as added Apr. 20, 1950, ch. 94, title II, § 201, 64 Stat. 59; amended 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. § 1584. Removal of all dwelling structures on land under Secretary’s control; temporary housing exempted; preference in fulfilling vacancies With respect to temporary housing remaining under the jurisdiction of the Secretary of Hous- ing and Urban Development on land under his control, the Secretary of Housing and Urban De- velopment shall (1) permit vacancies, occurring or continuing after July 1, 1953, to be filled only by transfer of tenants of other accommodations in the same locality being removed as required by subchapters II to VII of this chapter; (2) no- tify, on or before March 31, 1954, all tenants to vacate the premises prior to July 1, 1954; (3) promptly after July 1, 1954, cause actions to be instituted to evict any tenants still remaining; and (4) remove (by demolition or otherwise) all dwelling structures as soon as practicable after they become vacant: Provided, That in any case where a request for relinquishment or transfer has been filed pursuant to section 1581 of this title and where under the provisions of section 1581(c) of this title the date for compliance with all conditions to the relinquishment or transfer shall have been extended, each of the foregoing dates shall be extended for a period of time equal to the period of the extension under sec- tion 1581(c) of this title: And provided further, That nothing heretofore in this section shall apply (1) to any temporary housing in any mu- nicipality in which the total number of persons, who on December 31, 1948, were living in tem- porary family accommodations provided by the United States or any agency thereof since Sep- tember 8, 1939, exceeds 30 per centum of the total population of such municipality as shown by the 1940 census, nor (2) to any temporary housing as to which the local governing body has adopted a resolution as provided in section 1582(c) of this title, nor (3) to any temporary housing for which a request has been submitted in accordance with section 1581(b) of this title, but which has not been relinquished or trans- ferred solely because the applicant has been un- able to obtain from the landowner the right to possession of the land on reasonable terms as de- termined by the Secretary of Housing and Urban Development: Provided, That, in filling vacan- cies in such housing, the preferences set forth in section 1581(d)(1) of this title shall be applicable and that families within such preference classes 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