"(e) Not more than 10 per centum of the funds authorized for capital grants under section 103 after the date of the enactment of the 42 USC 1453. Area Redevelopment Act shall be used for the purpose of providing financial assistance under this section. Amounts used for such purpose shall not be taken into account for the purpose of the limitation contained in the second proviso of the fifth sentence of section 110 (c)." URBAN PLANNING GRANTS SEC. 15 (a) Paragraph (3) of section 701(a) of the Housing Act 73 Stat. 678. of 1954 is amended by inserting after "counties which" the following: 40 USC 461. "(A) are situated in areas designated by the Secretary of Commerce under section 5(a) of the Area Redevelopment Act as redevelopment areas or (B)". (b) Section 701 (b) of such Act is amended by adding before the period at the end of the first sentence a colon and the following: "Prorided, That a grant may be made under this section to a city, municipality, or county described in clause (A) of subsection (a) (3), or to a State planning agency (as provided in clause (C) of subsection (a)(1)) for the provision of planning assistance to such a city, municipality, or county, for not more than 75 per centum of such estimated cost". Approved May 1, 1961. Public Law 87-38 87th Congress, S. J. Res. 89 May 25, 1961 JOINT RESOLUTION 75 STAT. 85. To amend section 217 of the National Housing Act to provide an interim increase in the authorization for insurance of mortgages by the Federal Housing Administration. Resolved by the Senate and IIouse of Representatives of the United States of America in Congress assembled, That section 217 of the National Housing Act is amended by striking out "$15,000,000,000" 68 Stat. 596; and inserting in lieu thereof "$16,000,000,000". Approved May 25, 1961. 73 Stat. 657. 12 USC 1715h. 87th Congress, S. 1922 An Act 75 STAT. 149. To assist in the provision of housing for moderate and low income families, to promote orderly urban development, to extend and amend laws relating to housing, urban renewal, and community facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Housing Act be cited as the "Housing Act of 1961". TITLE I-NEW HOUSING PROGRAMS HOUSING FOR MODERATE INCOME FAMILIES SEC. 101. (a) Section 221 of the National Housing Act is amended by (1) inserting before the text of such section a section heading as follows: "HOUSING FOR MODERATE INCOME AND DISPLACED FAMILIES"; of 1961. 68 Stat. 599. 12 USC 17151. (2) striking out subsection (a) and inserting in lieu thereof the 73 Stat. 658. following: "(a) This section is designed to assist private industry in providing housing for low and moderate income families and families displaced from urban renewal areas or as a result of governmental action."; (3) inserting in subsection (b) after "any mortgage" the following: "(including advances during construction on mortgages covering property of the character described in paragraphs (3) and (4) of subsection (d) of this section)"; Eligibility for insurance. Conditions; limits. (4) striking out in subsection (d) (2) "(A) not to exceed" and 73 Stat. 659. all that follows down through "other prepaid expenses" and inserting in lieu thereof the following: (A) not to exceed (i) $11,000 in the case of a property upon which there is located a dwelling designed principally for a single-family residence, (ii) $18,000 in the case of a property upon which there is located a dwelling designed principally for a two-family residence, (iii) $27,000 in the case of a property upon which there is located a dwelling designed principally for a three-family residence, or (iv) $33,000 in the case of a property upon which there is located a dwelling designed principally for a four-family residence: Provided, That a mortgage secured by property upon which there is located a dwelling designed principally for a two-, three-, or four-family residence shall not be insured under this section except in the case of a dwelling for occupancy by a family displaced from an urban renewal area or as a result of governmental action: Provided further, That the Commissioner may increase the foregoing amounts to not to exceed $15,000, $25,000, $32,000, and $38,000, respectively, in any geographical area where he finds that cost levels so require; and (B) not to exceed the appraised value of the property (as of the date the mortgage is accepted for insurance): Provided, That (i) if the mortgagor is the owner and an occupant of the property at the time of insurance, (1) in the case of a family displaced from an urban renewal area or as a result of Government action, he shall have paid on account of the property at least $200 in the case of a single-family dwelling, $400 in the case of a two-family dwelling, $600 in the case of a three-family dwelling, and $800 in the case of a four-family dwelling, or (2) in the case of any other family, he shall have paid 12 USC 17151. 50 Stat. 888. 42 USC 1430. 75 STAT. 150. on account of the property at least 3 per centum of the Commissioner's estimate of its acquisition cost; which amount in either instance may include amounts to cover settlement costs and initial payments for taxes, hazard insurance, mortgage insurance premium, and other prepaid expenses; or (ii) in the case of repair and rehabilitation, the amount of the mortgage shall not exceed the sum of the estimated cost of repair and rehabilitation and the Commissioner's estimate of the value of the property before repair and rehabilitation, except that in no case involving refinancing shall such mortgage exceed such estimated cost of repair and rehabilitation and the amount (as determined by the Commissioner) required to refinance existing indebtedness secured by the property"; (5) striking out the last proviso in subsection (d) (2); (6) striking out subsection (d) (3) and inserting in lieu thereof the following: "(3) if executed by a mortgagor which is a public body or agency (and which certifies that it is not receiving financial assistance from the United States exclusively pursuant to the United States Housing Act of 1937), a cooperative (including an investor-sponsor who meets such requirements as the Commissioner may impose to assure that the consumer interest is protected), or a limited dividend corporation (as defined by the Commissioner), or a private nonprofit corporation or association regulated or supervised under Federal or State laws or by political subdivisions of States, or agencies thereof, or by the Commissioner under a regulatory agreement or otherwise, as to rents, charges, and methods of operation, in such form and in such manner as in the opinion of the Commissioner will effectuate the purposes of this section "(i) not exceed $12,500,000; "(ii) not exceed for such part of such property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $2,250 per room (or $8,500 per family unit if the number of rooms in such property or project is less than four per family unit), except that the Commissioner may in his discretion increase the dollar amount limitation of $2,250 per room to not to exceed $2,750 per room, and the dollar amount limitation of $8,500 per family unit to not to exceed $9,000 per family unit, as the case may be, to compensate for higher costs incident to the construction of elevator-type structures of sound standards of construction and design, and except that the Commissioner may increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed $1,000 per room without regard to the number of rooms being less than four, or four or more, in any geographical area where he finds that cost levels so require; and "(iii) not exceed (1) in the case of new construction, the amount which the Commissioner estimates will be the replacement cost of the property or project when the proposed improvements are completed (the replacement cost may include the land, the proposed physical improvements, utilities within the boundaries of the land, architect's fees, taxes, interest during construction, and other miscellaneous charges incident to construction and approved by the Commissioner), or (2) in the case of repair and rehabilitation, the sum of the estimated cost of repair and rehabilitation and the Commis 75 STAT. 151. sioner's estimate of the value of the property before repair and rehabilitation: Provided, That in no case involving Refinancing. refinancing shall such mortgage exceed such estimated cost of repair and rehabilitation and the amount (as determined by the Commissioner) required to refinance existing indebtedness secured by the property or project: Provided further, That such property or project, when constructed, or repaired and rehabilitated, shall be for use as a rental or cooperative project, and low and moderate income families or families displaced by urban renewal or other governmental action shall be eligible for occupancy in accordance with such regulations and procedures as may be prescribed by the Commissioner and the Commissioner may adopt such requirements as he determines to be desirable regarding consultation with local public officials where such consultation is appropriate by reason of the relationship of such project to projects under other local programs; or"; (7) striking out in subsection (d) (4) "which is not a nonprofit 73 Stat. 660. organization" and inserting in lieu thereof "other than a mort gagor referred to in subsection (d) (3)"; (8) striking out subsection (d) (4) (ii) and inserting in lieu thereof the following: "(ii) not exceed, for such part of the property or project as may be attributable to dwelling use (excluding exterior land improvements as defined by the Commissioner), $2,250 per room (or $8,500 per family unit if the number of rooms in such property or project is less than four per family unit), except that the Commissioner may in his discretion increase the dollar amount limitation of $2,250 per room to not to exceed $2,750 per room, and the dollar amount limitation of $8,500 per family unit to not to exceed $9,000 per family unit, as the case may be, to compensate for higher costs incident to the construction of elevator type structures of sound standards of construction and design, and except that the Commissioner may increase any of the foregoing dollar amount limitations contained in this paragraph by not to exceed $1,000 per room without regard to the number of rooms being less than four, or four or more, in any geographical area where he finds that cost levels so require;"; (9) striking out in subsection (d)(4)(iv) all that follows "(iv)" down through "And provided further" and inserting in lieu thereof the following: "not exceed 90 per centum of the sum of the estimated cost of repair and rehabilitation and the Commissioner's estimate of the value of the property before repair and rehabilitation if the proceeds of the mortgage are to be used for the repair and rehabilitation of a property or project: Provided, That in no case involving refinancing shall such mortgage exceed such estimated cost of repair and rehabilitation and the amount (as determined by the Commissioner) required to refinance existing indebtedness secured by the property or project: Provided further"; (10) striking out "and" at the end of subsection (d) (4), striking out in subsection (d) (5) "provide for complete amortization" 12 USC 17151. and all that follows down through "lesser;", striking out the period at the end of subsection (d) (5) and inserting in lieu thereof "; and", and adding after subsection (d) (5) the following: "(6) provide for complete amortization by periodic payments within such terms as the Commissioner may prescribe, but as to 12 USC 17151. Interest rate. Premium charges. 12 USC 17151. 75 STAT. 152. mortgages coming within the provisions of subsection (d) (2) not to exceed from the date of the beginning of amortization of the mortgage (i) 40 years in the case of a family displaced from an urban renewal area or as a result of governmental action, (ii) 35 years in the case of any other family if the mortgage is approved for insurance prior to construction, except that the period in such case may be increased to not more than 40 years where the mortgagor is an owner-occupant of the property and is not able, as determined by the Commissioner, to make the required payments under a mortgage having a shorter amortization period, and (iii) 30 years in the case of any other family where the mortgage is not approved for insurance prior to construction: Provided, That no mortgage insured under subsection_(d) (2) shall have a maturity exceeding three-quarters of the Commissioner's estimate of the remaining economic life of the building improvements." (11) inserting before the period at the end of subsection (d) (5) the following: ": Provided, That a mortgage insured under the provisions of subsection (d)(3) shall bear interest (exclusive of any premium charges for insurance and service charge, if any) at not less than the annual rate of interest determined, from time to time by the Secretary of the Treasury at the request of the Commissioner, by estimating the average market yield to maturity on all outstanding marketable obligations of the United States, and by adjusting such yield to the nearest one-eighth of 1 per centum, and there shall be no differentiation in the rate of interest charged under this proviso as between mortgagors under subsection (d) (3) on the basis of differences in the types or classes of such mortgagors"; (12) inserting the following at the end of subsection (f): "A property or project covered by a mortgage insured under the provisions of subsection (d) (3) or (d) (4) shall include five or more family units. The Commissioner is authorized to adopt such procedures and requirements as he determines are desirable to assure that the dwelling accommodations provided under this section are available to families displaced from urban renewal areas or as a result of governmental action. Notwithstanding any provision of this Act, the Commissioner, in order to assist further the provision of housing for low and moderate income families, in his discretion and under such conditions as he may prescribe, may insure a mortgage which meets the requirements of subsection (d) (3) of this section as in effect after the date of enactment of the Housing Act of 1961, with no premium charge, with a reduced premium charge, or with a premium charge for such period or periods during the time the insurance is in effect as the Commissioner may determine, and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to reimburse the Section 221 Housing Insurance Fund for any net losses in connection with such insurance. No mortgage shall be insured under subsection (d) (2) or (d) (4) after July 1, 1963, or under subsection (d) (3) after July 1, 1965, except pursuant to a commitment to insure, before that date, or except a mortgage covering property which the Commissioner finds will assist in the provision of housing for families displaced from urban renewal areas or as a result of governmental action."; (13) redesignating paragraph (3) of subsection (g) as paragraph (4) and inserting after paragraph (2) of subsection (g) a new paragraph as follows: |