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HomeMy WebLinkAboutResolution - 011267E - Approve Application Of The Provision Of Sec 23 US Housing Act Of 1937 - 01_12_1967GAS:EW Ck RESOLUTION WHEREAS, under the provisions of Section 23 of the United States Hous- ing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies in providing low -rent housing by leasing dwelling units in existing privately -owned structures; and, WHEREAS, said Section 23 provides that the provisions thereof shall not apply to any locality unless the governing body of the locality has by Resolution approved the application of such provisions to such locality; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to the City of Lubbock, BE and the same is hereby approved. Passed by the City Council this hth day of January , 1967. APPROVED Fred O. Senter, Jr., City (A t ne SECTIOfJ, 25 j 1957 �ous w'G AcT A.S'".&"sjmt> 186 - BASIC LAWS ON HOUSING AND URBAN DEVELOPMENT faults with respect to the project have been cured and that the project will, in order to fulfill the purposes of this .act, thereafter le operated in accordance with the terms of such contract; or (ii) after. the termination of the obligation to make annual con- tributions available unless there are any obligations or covenants of the public housing agency to the Authority which are then in default. Any prior conveyances and reconveyances,deliveries and redeliveries of possession shall not exhaust the right to re- quire a conveyance or delivery of possession of the project to the Authority pursuant to subparagraph (1), upon the subsequent occurrence of a substantial default. (b) Whenever such contract for annual contributions shall include provisions which the Authority in said contract, determines are in - accordance with subsection (a) hereof, and the annual contributions, pursuant to such contract, have been pledged by the public housing agency as security for the payment of the principal and interest on any of its obligations, the Authority (notwithstanding any other provi- sions of this Xet) shall continue to make annual contributions avail- able for the any so long as any of such obligations remain out- standing, .and may covenant in such contract (in lieu of the �lrovi- sion required by the first sentence of subsection 15(3) of this Act and notwithstanding any other provisions of law) that in an event such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from t11e project for the purpose at the time such annual contribution is made, will suffice for the payment of all installments falling due within the next succeeding twelve months, of principal ana interest on the obligations for which the annual contributions pro- vided for in the contract shall have been pledged as security: Pro- vided, That such annual contributions shall not be in excess of the maximum sum determined pursuant to the first proviso of subsection 10 (b), or, where applicable, the second proviso of subsection 10 (c) ; and in no case shall such annual contributions be in excess of the maximum sum specified in the contract involved, nor for longer than the remainder of the maximum period fixed by the contract. (.c) Obligations of a public housing agency which (1) are secured either (A) Cy a pledge of a loan under an agreement between such public housing agency and the Authority, or (B) by a pledge of an- nual contributions under an annual contributions contract between such public housing agency and the Authority, and (2) bear, or are accompanied by, a certificate of the Authority that such obligations are so secured, shall be incontestable in the hands of a bearer, and the full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by the Authority as security for such obligations. 7'EaLOW -RENT HOUSING IN PRIVATE ACCOMbiODATION6 ncA °1 (a)(1)Forthepurpose ofprovidinga supplementary w-rent housing which will aid in assuring a decent place to W Added by sec. 302(b),. Housing Act of 1961, Public Law 87 70, approved June 30. 1961; 75 Btat, 149. 164. a Added by sec. 109(a), Housing and Urban Development Act of 1955, Public Law 89-117, approved August 10, 1965, 79 Btat• 451, 455, wbieb also redesignated the former sec. 23 as sec. 24.. i • BASIC LAWS ON HOUSING AND URBAN DEVELOPMENT 187 e live for every citizen and promote efficiency and economy in the pro- gram tender this Act by taking full advantage of vacancies or potential r vacancies in the private housmg market, each public housing agency shall, to the maximum extent consistentwith the achievement of the S. objectives of this Act, provide low -rent liousing under this Act in the n' 4 form of low -rent housing in private accommodations in accordance , s with this section where such housing in private accommodations can be provided at a cost equal to or less than housing in projects assisted e i under other provisions of this Act. ;t (2) The provisions of this section shall not apply to any locality unless the governing body of the locality has by resolution approved a the a placation of such provisions to such locality. n (3f As used in this section, the term "low -rent housing in, private accommodations" means dwelling units in an existing structure, leased g . from a private owner, which provide decent, safe, and sanitary dwell- Il ing accommodations and related facilities effectively supplementing i_ the accommodations and facilities in low -rent housing assisted under l_ the other provisions of this Act in a manner calculated to meet the t_ total housing needs of the community in which they are located; and i_ the term "owner" means any person or entity having the legal right ct to lease or sublease property containing one or more dwelling units as it described in this section. n (b) Beginning as soon as practicable after the date of the enactment ly of this section, each public housing agencyshall conduct a continuing al survey and listing of the available dwelling units within the com- munity or communities under its jurisdiction which provide decent A safe, and sanitary dwelling accommodations and related facilities ant o- are, or may be made, suitable for use as low -rent housing in private ' o- accommodations under this section. ie (e) Each public housing agency by notification to the owners of )on (bn ; housing listed under subsecj, or by publication or advertise- ) ; merit, or otherwise, shall from time to time make known to the public ze in the community or communities under its jurisdiction the anticipated in need for dwelling units in such community or communities to be .used as low -rent housing in private accommodations under this section, fin- ed viting the owners of such dwelling units to make available for pur- ch poses of this section one or more of such units (not exceeding 10 per n- centum of the units in any single structure except to the extent that en the agency, because of the limited number of units in the structure or re for any other reason, determines that such limit should not be ap- ro , plied) . The public housing agency shall conduct appropriate inspec- lie tions of the units offered to be made available in any residential struc- .nt tune by the owner thereof in response to such invitation and if — or t (1) it finds that such units are, are may be mace, suitable for use as low -rent housing in private accommodations within the meaninc• of subsection (a) (3), and (2) t'he rentals to be charged for,such units, as negotiated and agreed to by the agency and the owner of the structure in a manner Ito consistent with subsection (d) (2), are within the financial range of families of low income such agency may approve such units for use as low -rent housing in private accommodations in accordance with (and. subject to the appli n i cable limitations contained in) this section. Each public housing 188 BASIC LAWS ON HOUSING AND URBAN DEVELOPMENT agency shall maintain and keep current a .list of units approved by it under this subsection, including such information with respect to each such unit as it may consider necessary or appropriate. (d) To the extent of contracts for annual contributions entered into by the.Authority with a public housing agency under section 10(e), such agency may enter into contracts with the owners of structures con- taining dwelling units approved under subsection (c) for the use of such units in accordance with this section. Each such contract with an owner shall provide (with respect to any unit) that— (1) the selection of tenants for such unit shall be the function of the owner, subject to the provisions of the contract between the Authority and the agency; (2) the rental and other charges to be received by the owner shall be negotiated and agreed to b the agency and the owner, and the; rental and other c hargges to e paid by the tenant shall be determined in accordance witli the standards applicable to units in low -rent housing projects assisted under the other provisions of this Act; (3) the agency shall have the sole right to give notice to vacate, with the owner having the right to make representations to the agency for termination of a tenancy; (4) maintenance and replacements ('including redecoration) shall be in accordance with the standard practice for the building concerned, as established by the owner and agreed to by the agency; and (5) the agency and the owner shall carry out such other appro- priate terms and conditions as may be mutually agreed to by them. Each contract between a public housing agency and an owner entered into under this subsection shall be for a term of not less than twelve months nor more than thirty-six months, and shall be renewable by such agency and owner at the expiration of such term. (e) The annual contribution under this Act for a project of a public housing agency for low -rent housing in private accommodations under this section in lieu of any other guaranteed contribution authorized by section 10 shall not exceed the amount of the fixed annual contribu- tion which would be established under this Act for a newly constructed project by such' public housing agency designed to accommodate the comparable number sizes, ana kinds of families. The period over which payments wil� be made to a public housing agency for a project of low -rent housing in private accommodations unTer this section, and the aggregate amount of such payments, under a contract for annual contributions, shall be determined on the basis of the number of units in the community or communities under the jurisdiction of such agenc which are in use (or can reasonably be expected to be placed in use }y as low -rent housing in private accommodations under this section, taking into account the terms of the leases under which such units are ' (or will be) so used. In addition, contracts for financial assistance entered into by the Authority with a public housing agency pursuant to this section shall provide for reimbursement of reasonable and necessary expenses incurred by such agency, in conducting surveys, listings and ins.pections described in suSsections (b) and 7c). (f) The provisions of sections 10(h) and 15(7) of this Act, and the workable program requirement in section 10 (e) of this Act and section a u 101, in p SI zlenI disp, to III ertie. SI: SI. Sr. conll 537, prove State regul preva Sr( Alley wise l deem; Alley Seven Sion c ately Dwell Srx Conti that ii son or all)plic those .SEC Of 192 Apl ti Rea Public i repealed footnotl former a Rep secs. 25 the low - See tits, criminal at Eze Authors -BASIC LAWS ON HOUSING AND URBAN DEVELOPMENT 189 101(c) of the Housing Act of 1949, shall not apply to low -rent housing in private accommodations provided under this section. PENALTIES SEC. 24.62 All general penal statutes relating to the larceny, embez- zlement or conversion or to the improper handling, retention use, or disposal of public moneys or property of the United States shad apply to the moneys and property of the Authority and to moneys and prop- . erties of the United States entrusted to the Authority. SEc. 25. Repealed as { SEC. 26. Repealed 6s SEC. 27. Reppealed 89 SEc. 28. Wherever the application of the provisions of this Act conflicts with the application of the provisions of Public Numbered 837, a proved June 29,1936 (49 Stat. 2025), Public Numbered 845, ap- " i proved June 29, 1936 (49 Stat. 2035), or any other Act of the United States dealing with housing or slum clearance, or any Executive order, regulation, or other order thereunder, the provisions of this Act shall prevail. SFc. 29. The President is hereby authorized to make available to the Alley Dwelling Authority,64 from any funds appropriated or other- wise provided to carry out the purposes of this Act, such sums as he deems necessary to carry out the purposes of the District of Columbia Alley Dwelling Act, approved June 12, 1934 (Public Numbered 307, _ Seventy-third Congress). Such sums shall be deposited in the Conver- Sion of Inhabited Alleys Fund and thereafter shall remain immedi- ately available for the purposes of the District of Columbia Alley Dwelling Act.. SEC. 30. Notwithstandingany other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provision of this Act, or the application thereof to any per- son or circumstance, is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Slc. 31. This Act may be cited as the "United States Housing Act of 1937." Approved, September 1,1937. c Redesignated as sec. 24 by sec. 103(a), Housing, and Urban Development Act of 1965, Public Law 89-117, approved August 10, 1965, 79 Stat. 451, 455. The former sec. 24 was repealed by Public Law 772, 80th Congress, approved June 25, 1948, 62 Stitt. 683. See footnote below concerning repeal of secs. 25, 26, and 27 which is also applicable to the former see. 24. u Repealed by Public Law 772 80th Congress, approved June 25, 1948, 62 Stat. 683, secs. 25, 26, and 27 defined criminal acts and provided the penalties therefor relating to the low -rent public housing program. Public Law 772 revised and codified these provisions. See title 18, United States Code (1946 ed. Stipp. III), secs. 641, 700, and 1012 for the criminal provisions formerly set forth 1n secs. 25 through 27. n Executive Order 9344, dated May 21, 1943, changed the name of the Alley Dwelling Authority to the National Capital Housing Authority. i