
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1581]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 9--HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
 
          SUBCHAPTER VII--DISPOSAL OF WAR AND VETERANS' HOUSING
 
Sec. 1581. Housing disposition


(a) Mandatory transfers

    Upon the filing of a request therefor as herein prescribed, the 
Secretary of Housing and Urban Development shall (subject to the 
provisions of this section) relinquish and transfer, without monetary 
consideration, to any State or political subdivision thereof, local 
housing authority, local public agency, nonprofit organization, or 
educational institution, all contractual rights (including the right to 
revenues and other proceeds) and all property right, title, and interest 
of the United States in and with respect to (1) any temporary housing 
located on land owned or controlled by such transferee and in which the 
United States has no leasehold or other property interest, and (2) 
housing materials which have been made available to the transferee by 
the Secretary of Housing and Urban Development pursuant to section 1572 
of this title.

(b) Transfer to provide housing for parents of deceased World War II 
        servicemen

    Upon the filing of a request therefor as herein prescribed, the 
Secretary of Housing and Urban Development may (subject to the 
provisions of this section) relinquish and transfer, without monetary 
consideration other than that specifically required by this subsection, 
to any State, county, municipality, or local housing authority, or to 
any educational institution where the housing involved is being operated 
for its student veterans or where the land underlying the housing is in 
the ownership of two or more educational institutions, or to any other 
local public agency or nonprofit organization where the housing involved 
has been made available by the United States to such agency or 
organization pursuant to section 1572 of this title or where the 
Secretary of Housing and Urban Development determines that the housing 
involved is urgently needed by parents of persons who served in the 
Armed forces at any time on or after September 16, 1940, and prior to 
July 26, 1947, or on or after June 27, 1950, and prior to such date 
thereafter as shall be determined by the President and died of service-
connected illness or injury (in which case the preferences in subsection 
(d)(1) of this section shall not apply), all right, title, and interest 
of the United States in and with respect to any temporary housing 
(excluding commercial facilities which the Secretary of Housing and 
Urban Development determines are suitable for separate disposal and 
community facilities which the Secretary of Housing and Urban 
Development determines should be disposed of separately) located on land 
in which the United States has a property interest through ownership, 
lease, or otherwise, under the following conditions:
        (1) If the land is owned by the United States and under the 
    jurisdiction of the Secretary of Housing and Urban Development, the 
    transferee shall have purchased such land from the Secretary of 
    Housing and Urban Development at a price substantially equal to the 
    cost to the United States of the land (including survey, title 
    examination, and other similar expenses incident to acquisition but 
    excluding the cost or value of all improvements thereto by the 
    United States other than extraordinary fill), or, if the Secretary 
    of Housing and Urban Development determines the amount of such cost 
    to be nominal or not readily ascertainable, at a price which the 
    Secretary of Housing and Urban Development determines to be fair and 
    reasonable. Payment for such land shall be made in full at the time 
    of sale or in not more than ten equal annual installments (the first 
    of which shall be paid within one year from the date of conveyance) 
    all of which shall be secured as determined by the Secretary of 
    Housing and Urban Development with interest from the date of 
    conveyance at the going Federal rate of interest at the time of 
    conveyance.
        (2) If the land is owned by the United States and not under the 
    jurisdiction of the Secretary of Housing and Urban Development, the 
    transferee shall have purchased such land from the Federal agency 
    having jurisdiction thereof. The Federal agency having jurisdiction 
    of any such land is authorized to sell and convey the same to any 
    such transferee on the terms authorized herein except that the 
    determinations required to be made by the Secretary of Housing and 
    Urban Development shall be made by the agency having jurisdiction of 
    such land.
        (3) If the United States does not own the land but has an 
    interest therein through lease or otherwise, the transferee shall 
    (i) where it is not the landowner, obtain the right to possession of 
    such land for a term satisfactory to the Secretary of Housing and 
    Urban Development, (ii) obtain from the landowner a release (or, if 
    the transferee is the landowner, furnish a release) of the United 
    States from all liability in connection therewith, including any 
    liability for removal of structures or restoration of the land, 
    except for any rental or use payment due at the time of transfer, 
    and (iii) reimburse the United States for the proportionate amount 
    of any payments made by the United States for the right to use the 
    land and for taxes or payments in lieu of taxes for any period 
    extending beyond the time of the transfer, and (iv) if the interest 
    of the United States is not under the jurisdiction of the Secretary 
    of Housing and Urban Development, the transferee shall obtain a 
    transfer or release of the interest of the United States from the 
    Federal agency having jurisdiction, which transfers and releases by 
    such Federal agencies are authorized on such terms as the head of 
    the respective agency determines to be in the public interest.

(c) Requests for relinquishment and transfer

    The filing of a request under subsections (a), (b), (g), or (h) of 
this section must be made on or before June 30, 1953, unless the 
Secretary of Housing and Urban Development shall, in any specific case, 
authorize the filing of a request subsequent to such date but on or 
before June 30, 1951, and, in any such case, the Secretary of Housing 
and Urban Development may extend, for a specified period not beyond 
December 31, 1951, the time hereinafter prescribed for complying with 
all conditions to the relinquishment or transfer. Such request shall be 
in the form of a resolution adopted by the governing body of the 
applicant, except that, in the case of a State, such request may be in 
the form of a written request from the governor, and, in the case of a 
local housing authority (other than the Alaska Housing Authority), or a 
local public agency organized specifically and solely for the purpose of 
slum clearance and community redevelopment, shall be accompanied by a 
resolution of the governing body of the municipality or county approving 
the request for transfer. Such request shall be accompanied by either 
(1) a final opinion of the chief law officer or legal counsel of the 
applicant to the effect that it has legal authority to make the request, 
to accept the transfer of and operate any property involved, and to 
perform its obligations under this subchapter, or (2) a preliminary 
opinion of such officer or counsel concerning the legal authority of the 
applicant with respect to the proposed relinquishment or transfer 
including a statement of the reasons for not furnishing the final 
opinion with the request and the time required to furnish such opinion. 
If a request has been submitted as herein provided, the applicant shall 
comply with all conditions to the relinquishment or transfer (including 
the furnishing of the final legal opinion) on or before June 30, 1953: 
Provided, That, in any case where the applicant is unable to comply with 
all conditions to the relinquishment or transfer because of the need for 
the enactment of State legislation or charter amendment, such date shall 
be June 30, 1952, and may be extended by the Secretary of Housing and 
Urban Development, upon request in a particular case, to December 31, 
1952. The Secretary of Housing and Urban Development shall act as 
promptly as practicable on any request which complies with the 
provisions of this section and is supported as herein required, and 
shall as promptly as practicable arrange for the making of any survey or 
the performance of other work necessary to the transfer: Provided, That, 
notwithstanding the provisions of this section, the Secretary of Housing 
and Urban Development may at any time, except with respect to housing 
for which a request has been or may be submitted under subsection (a) of 
this section, remove, dispose of, or retain any temporary housing, or 
part thereof, in accordance with any provision of subchapters II to VII 
of this chapter.

(d) Representations by transferee as to use of property; preferences

    No relinquishment or transfer with respect to temporary housing 
shall be made under this section unless the transferee represents in its 
request therefor that it proposes, to the extent permitted by law:
        (1) As among eligible applicants for occupancy in dwellings of 
    given sizes and at specified rents, to extend the following 
    preferences in the selection of tenants:
            First, to families which are to be displaced by any low-rent 
        housing project or by any public slum-clearance or redevelopment 
        project initiated after January 1, 1947, or which were so 
        displaced within three years prior to making application for 
        admission to such housing; and as among such families first 
        preference shall be given to families of disabled veterans whose 
        disability has been determined by the Secretary of Veterans 
        Affairs to be service-connected, and second preference shall be 
        given to families of deceased veterans and servicemen whose 
        death has been determined by the Secretary of Veterans Affairs 
        to be service-connected, and third preference shall be given to 
        families of other veterans and servicemen;
            Second, to families of other veterans and servicemen; and as 
        among such families first preference shall be given to families 
        of disabled veterans whose disability has been determined by the 
        Secretary of Veterans Affairs to be service-connected, and 
        second preference shall be given to families of deceased 
        veterans and servicemen whose death has been determined by the 
        Secretary of Veterans Affairs to be service-connected: Provided, 
        That if the transferee is an educational institution it may 
        limit such preferences to student veterans and servicemen, and 
        their families, and may, in lieu of such preferences, make 
        available to veterans or servicemen and their families 
        accommodations in any housing of the institution equal in number 
        to the accommodations relinquished or transferred to it: And 
        provided further, That, notwithstanding such preferences, if the 
        transferee is a State, political subdivision, local housing 
        authority, or local public agency, it will, in filling vacancies 
        in housing transferred under subsection (b) of this section, 
        give such preferences to military personnel and persons engaged 
        in national defense or mobilization activities as the Secretary 
        of Defense or his designee prescribes to such transferee.

        (2) Not to dispose of any right, title, or interest in the 
    property (by sale, transfer, grant, exchange, mortgage, lease, 
    release, termination of the leasehold, or any other relinquishment 
    of interest) either (i) for housing use on the present site or on 
    any other site except to a State or political subdivision thereof, 
    local housing authority, a local public agency, or an educational or 
    eleemosynary institution, or (ii) for any other use unless the 
    governing body of the municipality or county shall have adopted a 
    resolution determining that, on the basis of local need and 
    acceptability, the structures involved are satisfactory for such use 
    and need not be removed: Provided, That this representation will not 
    apply to any disposal through demolition for salvage, lease to 
    tenants for residential occupancy, or lease of nondwelling 
    facilities for the continuance of a use existing on the date of 
    transfer, or where such disposal is the result of a bona fide 
    foreclosure or other proceeding to enforce rights given as security 
    for a loan to pay for land under this section: And provided further, 
    That nothing contained in this paragraph shall be construed as 
    applicable to the disposition of any land or interest therein after 
    the removal of the structures therefrom.
        (3) To manage and operate the property involved in accordance 
    with sound business practices, including the establishment of 
    adequate reserves.
        (4) Whenever the structures involved, or a substantial portion 
    thereof, are terminated for housing use and are not to be used for a 
    specific nonhousing use, to promptly demolish such structures 
    terminated for housing use and clear the site thereof.

(e) Waiver of removal requirements

    Any relinquishment or transfer by the Secretary of Housing and Urban 
Development under this section shall constitute a waiver of the 
requirements of section 1553 of this title (and any contractual 
obligations pursuant thereto) for removing the housing involved if the 
request for such relinquishment or transfer was made, as authorized 
herein, by the governing body of the municipality or county, or by the 
local housing authority, or, in other cases, if, prior to or within six 
months after the date of the relinquishment or transfer, there is filed 
with the Secretary of Housing and Urban Development a resolution of such 
governing body specifically approving (1) the unconditional waiver of 
such requirements or (2) the waiver of such requirements subject to 
conditions specified in the resolution. Any such conditions shall not 
affect the waiver of removal requirements hereunder, and the United 
States shall assume no responsibility for compliance therewith.

(f) Disposition of net revenue and proceeds; transfer charges

    In any relinquishment or transfer under this section, the net 
revenues and other proceeds from such housing to which the United States 
is entitled on the basis of periodic settlements shall continue to 
accrue to the United States until the end of the month in which the 
relinquishment or transfer is made, and the obligation of the transferee 
to pay such accrued amounts shall not be affected by this section. The 
Secretary of Housing and Urban Development may charge to the transferee 
the cost to the United States of any survey, title information, or other 
item incidental to the transfer.

(g) Transfers for slum clearance and community redevelopment projects

    Upon the filing of a request therefor as herein prescribed, the 
Secretary of Housing and Urban Development may (subject to the 
provisions of this section) relinquish and transfer, without monetary 
consideration other than payment for land involved as specifically 
required by subsection (b) of this section, to any local public agency 
organized specifically and solely for the purpose of slum clearance and 
community redevelopment in a municipality in which the total number of 
persons, who on December 31, 1948, were living in temporary family 
accommodations provided by the United States or any agency thereof since 
September 8, 1939, exceeded the total population of such municipality as 
shown by the 1940 census, all right, title, and interest of the United 
States in and with respect to any temporary housing located in such 
municipality under the conditions set forth in subsection (b) of this 
section. Notwithstanding the provisions of subsection (b) of this 
section, the Secretary of Housing and Urban Development shall not 
relinquish or transfer any right, title, or interest of the United 
States in and with respect to any temporary housing situated in such a 
municipality except as set forth in this subsection if at the time of 
the relinquishment or transfer there is in existence in such a 
municipality a local public agency organized specifically and solely for 
the purpose of slum clearance and community redevelopment.

(h) Transfers of temporary housing of masonry construction

    Upon the filing of a request therefor as herein prescribed, the 
Secretary of Housing and Urban Development may (subject to the 
provisions of this section except the provisions of subsection (d) of 
this section) relinquish and transfer to any municipality, without 
monetary consideration other than payment for the land involved as 
specifically required by subsection (b) of this section, all right, 
title, and interest of the United States in and with respect to 
unoccupied temporary housing of masonry construction located in such 
municipality: Provided, That such housing has been wholly or partially 
stripped of trim and fixtures prior to April 20, 1950 and the 
municipality adopts a resolution determining that the structures, with 
proposed improvements, will be suitable for long-term housing use.

(Oct. 14, 1940, ch. 862, title VI, Sec. 601, as added June 28, 1948, ch. 
688, Sec. 7, as added Apr. 20, 1950, ch. 94, title II, Sec. 201, 64 
Stat. 59; amended Ex. Ord. No. 10284, Secs. 1, 2, eff. Sept. 4, 1951, 16 
F.R. 8971; Oct. 26, 1951, ch. 577, Sec. 2, 65 Stat. 648; Ex. Ord. No. 
10339, eff. Apr. 7, 1952, 17 F.R. 3012; Ex. Ord. No. 10395, eff. Sept. 
19, 1952, 17 F.R. 8449; Ex. Ord. No. 10425, eff. Jan. 16, 1953, 18 F.R. 
405; Feb. 15, 1956, ch. 35, 70 Stat. 15; Pub. L. 89-174, Sec. 5(a), 
Sept. 9, 1965, 79 Stat. 669; Pub. L. 102-54, Sec. 13(q)(6)(A), June 13, 
1991, 105 Stat. 280.)

                       References in Text

    Section 1572 of this title, referred to in subsecs. (a) and (b), has 
been omitted from the Code.
    Subchapters III and VI of this chapter, referred to in subsec. (c), 
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.

                          Codification

    In subsec. (c), ``June 30, 1953'' substituted for ``December 31, 
1950'' the first time it appears and ``June 30, 1951'' the second time 
it appears pursuant to the executive orders cited as credits to this 
section. See notes set out below.


                               Amendments

    1991--Subsec. (d)(1). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Veterans' Administration'' wherever appearing.
    1956--Subsec. (g). Act Feb. 15, 1956, limited restriction on 
transfer or relinquishment of temporary housing to a local public slum 
clearance agency to municipalities having such an agency at time of 
transfer or relinquishment.
    1951--Subsec. (b). Act Oct. 26, 1951, substituted ``at any time on 
or after September 16, 1940, and prior to July 26, 1947, or on or after 
June 27, 1950, and prior to such date thereafter as shall be determined 
by the President'' for ``during World War II''.

                          Transfer of Functions

    Functions of Housing and Home Finance Agency and head thereof 
transferred to Secretary of Housing and Urban Development by Pub. L. 89-
174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to 
section 3534(a) of this title. Section 9(c) of such act, set out as a 
note under section 3531 of this title, provided that references to 
Housing and Home Finance Agency or to any agency or officer therein are 
to be deemed to mean Secretary of Housing and Urban Development and that 
Housing and Home Finance Agency and Public Housing Administration have 
lapsed.

                        Executive Order No. 10284

    Ex. Ord. 10284, Sept. 4, 1951, which extended time for filing 
requests from Dec. 31, 1950, to Dec. 31, 1951, also extended time for 
compliance with all conditions to relinquishments or transfers from June 
30, 1951, to June 30, 1952. 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 filing requests under subsecs. 
(a), (b), and (g) from Dec. 31, 1951, to Dec. 31, 1952, and extended 
time for compliance with all conditions to relinquishments or transfers 
under subsecs. (a), (b), and (g) from June 30, 1952, to June 30, 1953.

                        Executive Order No. 10395

    Ex. Ord. No. 10395, Sept. 19, 1952, set out as a note under section 
1589a of this title, extended time for filing requests under subsec. (h) 
from Dec. 31, 1951, to Dec. 31, 1952, and extended time for compliance 
with all conditions to relinquishments or transfers under subsec. (h) 
from June 30, 1952, to June 30, 1953.

                        Executive Order No. 10425

    Ex. Ord. No. 10425, Jan. 16, 1953, set out as a note under section 
1589a of this title, extended time for filing requests under subsecs. 
(a), (b), (g), and (h) from Dec. 31, 1952, to June 30, 1953.

                  Section Referred to in Other Sections

    This section is referred to in sections 1582, 1584, 1585 of this 
title.
