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ble war workers (as defined in Part 701 of this chapter) as are eligible under applicable State or Federal laws in the same manner as is required with respect to the projects described in § 703.2 (b) above.

§ 703.4 Modification of occupancy provisions. (a) Each National Housing Agency regional representative is hereby authorized on his own initiative (or on the basis of recommendations which the NHA constituent unit having control of the public war housing involved may initiate) to relax the exclusive reservation requirements for any public war housing, where such action is deemed appropriate in the interests of the war housing program. When so acting, the regional representative may act without reference to whether the housing has been completed or to how long it has been held available after completion. The regional representative shall give prompt notification of any such relaxation to the NHA constituent unit having control of the public war housing involved, in order that such unit may put the proposed relaxation into effect or discuss it further with the regional representative.

(b) The NHA constituent unit having control of any public war housing may relax the exclusive reservation requirement applicable to such housing, where such action is deemed appropriate in the interests of the war housing program: Provided, That the NHA constituent unit shall advise the National Housing Agency regional representative not less than 10 days prior to taking such action in order that the regional representative may have adequate opportunity if he so desires to require a further holding period for the housing involved. Such relaxations may be made without reference to whether the housing has been completed or to how long it has been held available after completion.

(c) Relaxation of the exclusive reservation requirements applicable to public war housing shall rest primarily upon the need to make prompt and effective use of public war housing units even when not needed for the precise types of war workers eligible under existing occupancy rules, because of inexact forecasting in earlier programming or because of changes in contract and employment schedules after the programs were written. After the exclusive reservation requirements have been relaxed, the NHA constituent unit having control of the public war housing involved shall permit such housing to be occupied in the following order of preference: (1) Eligible war workers under the existing rules; (2) eligible in-migrant military personnel, viz., enlisted men in the naval or military services of the United States or officers of the Army or Marine Corps not above the rank of Captain, and officers of the Navy and Coast Guard, not above the grade of Lieutenant, Senior Grade, assigned to duty at military or naval reservations, posts or bases, or to duty at defense industries; (3) other civilian war workers, (as defined in Part 701 of this chapter) or eligible military person

nel; or (4) (in the event there is no present or anticipated demand for occupancy by such other civilian war workers or military personnel) others eligible for occupancy as determined and prescribed by the NHA constituent unit having control of the public housing involved.

(d) When relaxation of exclusive reservation requirements is contemplated for an entire locality or for a very substantial volume of public war housing, as distinguished from individual cases or relatively small volumes of housing, the regional representative shall feel free if he deems it necessary to consult with the Office of the Administrator prior to taking action. What constitutes a "very substantial volume" of public war housing varies with local conditions, but a volume amounting to more than 25 percent of the total number of public war housing units in the locality would certainly be so considered. Whether the relaxation be individual, small or substantial, the regional representative shall notify the Office of the Administrator of action taken as promptly as feasible, in order that such office may keep abreast of current developments.

§ 703.5 Suspended housing. (a) Each National Housing Agency regional representative is hereby authorized to recommend suspension of any Federally owned public war housing projects or parts thereof, in accord with the detailed conditions and procedures set forth in NHA Operating Instructions No. 11-18. Pending decision as to whether suspended projects or parts thereof shall be made active, limited, stand-by, or terminated, no additional commitments shall be made for the furtherance of development, but existing commitments shall be carried forward and work shall continue where contracts have been awarded and proceed orders issued. § 703.6 Stand-by housing. (a) Each National Housing Agency regional representative is hereby authorized to recommend revision of the locality program so as to hold for stand-by purposes any Federally-owned public war housing projects or parts thereof, which shall result in the closing and holding of such projects or parts thereof (or the temporary cessation of development, and holding thereof, if not completed) for anticipated occupancy at some later date by in-migrant war workers. The circumstances under which such stand-by action may be taken, and the procedures in connection therewith, are set forth in detail in NHA Operating Instructions No. 11-18.

(b) The NHA constituent unit having control of any Federally-owned public war housing held for stand-by purposes shall have full responsibility and authority for taking as promptly as possible all necessary action resulting from the revised program, unless the Administrator directs that specific action be taken.

(c) Whenever changed circumstances or additional facts justify, the regional representatives may recommend restoration to ac

tive status, either with or without occupancy restrictions, or may recommend termination. § 703.7 Terminated housing. (a) Federally owned public war housing projects or parts thereof (except permanent, unmovable projects which are substantially completed) which are no longer needed for residential purposes in the locality during the war or during the period of orderly demobilization may be programmed as terminated, with consequent provisions for the removal, transfer to other Federal agencies, sale or lease of such housing, all in accord with the relevant statutory provisions. The policies and procedures relating to such termination and disposition during the war are treated in §§ 703.11-703.13.

[Preceding sections, in small type, superseded by following sections during period covered by this Supplement]

SOURCE: §§ 703.1 to 703.7, inclusive, contained in NHA Regulation 60-5D Administrator, Nov. 15, 1944, 9 F.R. 13703.

§ 703.1 General policy. Sections 703.1-703.7 set forth the public war housing to which occupancy standards apply, the persons who are eligible war workers for such housing, the length of time such housing must be held for their use, and the conditions under which such housing may be made available for other purposes.

(a) On

703.2 Exclusive reservation. or after February 10, 1943, initial occupancy and re-occupancy of every dwelling accommodation in all Federallyowned (including leased) public war housing projects under the jurisdiction or control of NHA, or any of its constituent units,' shall be reserved exclusively for eligible war workers, as defined in Part 701 of this chapter, except (1) with respect to 8 Lanham Act mutual ownership projects under the jurisdiction of FPHA, resident as well as in-migrant civilian war workers may be admitted to occupancy, and (2) with respect to those dwellings which have been reserved for military personnel in accordance with the joint directive of the War Department, Navy Department, and NHA as re

All public war housing projects undertaken pursuant to (a) the Lanham Act (Public No. 849, 76th Congress) as amended (including conversion projects undertaken under the supervision of NHA Homes Use Service), (b) Public Acts Nos. 9, 73, 353, 77th Congress, and (c) Public Act No. 781, 76th Congress; all projects of Defense Homes Corporation; and all Federally-owned projects undertaken pursuant to Public Act No. 671, 76th Congress.

vised, preference will be given to military personnel.'

(b) On or after February 10, 1943, initial occupancy or re-occupancy of every dwelling accommodation in all FPHAaided public war projects' for which applications for priority assistance are submitted to WPB after February 10, 1943 shall be reserved exclusively for such eligible war workers, as defined in Part 701 of this chapter, as are eligible for occupancy thereof under applicable state or Federal laws.*

(c) On or after February 10, 1943, reoccupancy of every dwelling accommodation in such Federally-owned public nonwar housing projects under the jurisdiction of FPHA, as the National Housing Administrator determines are suitable to provide war housing, shall be reserved exclusively for eligible war workers as defined in Part 701 of this chapter.6

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2 Tenants for such dwellings are selected by the local commandant.

3 Federally-aided local authority-owned Public Act No. 671 projects and priority assisted Public Act No. 412 projects.

'Tenant selections, in projects included in this 703.2 (b) which are located in States that have not enacted appropriate defense or war housing legislation, is subject to lowincome limitations of applicable state housing legislation; and with respect to those projects which are not converted to Public Act No. 671, tenant selection is subject also to the low income limitations of the United States Housing Act and of applicable state housing legislation.

5 FPHA-operated PWA Housing Division projects, local authority-leased PWA Housing Division projects, and non-farm housing projects transferred to FPHA from FSA pursuant to the provisions of paragraph 1 (g) of Executive Order 9070 (3 CFR Cum. Supp.).

• On all projects described in this § 703.2 (c) where there are outstanding lease or sale agreements, compliance with the provisions of this regulation is subject to appropriate modification of such outstanding lease or sale agreements to conform them to the provisions of this regulation. On all PWA Housing Division projects, compliance with the provisions of this regulation is subject to the obtaining of appropriate Presidential findings and conversion to Public Act No. 671.

granted 7) shall be observed with respect to all FPHA-aided public war housing projects for which applications for priority assistance were submitted to WPB prior to February 10, 1943." The local housing authorities that own and manage these projects shall be requested to conform, to the extent practicable, their management programs by reserving initial occupancy or re-occupancy in these projects to such eligible war workers (as defined in Part 701 of this chapter) as are eligible under applicable state or Federal laws in the same manner as is required with respect to the projects described in § 703.2 (b) above.

§ 703.4 Modification of occupancy provisions. (a) Each National Housing Agency Regional Representative is hereby authorized on his own initiative (or on the basis of recommendations which the NHA constituent unit having control of the public war housing involved may initiate) to relax the exclusive reservation requirements for any public war housing, where such action is deemed appropriate in the interests of the war housing program. When so acting, the Regional Representative may act without reference to whether the housing has been completed or to how long it has been held available after completion. The Regional Representative shall give prompt notification of any such relaxation to the NHA constituent unit having control of the public war housing involved, in order that such unit may put the proposed relaxation into effect or discuss it further with the Regional Representative.

(b) The NHA constituent unit having control of any public war housing may relax the exclusive reservation requirement applicable to such housing, where such action is deemed appropriate in the

The conditions under which priority assistance for these projects were granted defined reasonable preference as meaning that each dwelling unit shall be reserved for occupancy by in-migrant or resident war workers for 30 days after the entire project is available for occupancy or 90 days from starting to take tenant applications, whichever period is longer.

Includes Federally-aided local authorityowned Public Act No. 671 projects and priority-assisted Public Act No. 412 projects, but excludes normal low-rent housing projects under Public Act No. 412 which merely obtained civilian priority assistance without a requirement of reasonable preference for war workers.

interests of the war housing program: Provided, That the NHÀ constituent unit shall advise the National Housing Agency Regional Representative not less than 10 days prior to taking such action in order that the Regional Representative may have adequate opportunity if he so desires to require a further holding period for the housing involved. Such relaxations may be made without reference to whether the housing has been completed or to how long it has been held available after completion.

(c) Relaxation of the exclusive reservation requirements applicable to public war housing shall rest primarily upon the need to make prompt and effective use of public war housing units even when not needed for the precise types of war workers eligible under existing occupancy rules, because of inexact forecasting in earlier programming or because of changes in contract and employment schedules after the programs were written. After the exclusive reservation requirements have been relaxed, the NHA constituent unit having control of the public war housing involved shall permit such housing to be occupied in the following order of preference: (1) Eligible war workers under the existing rules; (2) eligible in-migrant military personnel, viz., enlisted men in the naval or military services of the United States or officers of the Army or Marine Corps not above the rank of Captain, and officers of the Navy and Coast Guard not above the grade of Lieutenant, Senior Grade, assigned to duty at military or naval reservations, posts or bases, or to duty at defense industries; (3) other civilian war workers (as defined in Part 701 of this chapter) or eligible military personnel; (4) (in the event there is no present or anticipated demand for occupancy by such other civilian war workers or military personnel) veterans discharged or released from active service under conditions other than dishonorable within one year prior to application for occupancy in such housing and families of military personnel who will not reside with their families in such housing because of military service, if not ineligible for occupancy under state law where applicable; or (5) others eligible for occupancy as determined and prescribed by the NHA constitutent unit having control of the public housing involved.

(d) When relaxation of exclusive reservation requirements is contemplated for an entire locality or for a very substantial volume of public war housing, as distinguished from individual cases or relatively small volumes of housing, the Regional Representative shall feel free if he deems it necessary to consult with the Office of the Administrator prior to taking action. What constitutes a "very substantial volume" of public war housing varies with local conditions, but a volume amounting to more than 25 percent of the total number of public war housing units in the locality would certainly be so considered. Whether the relaxation be individual, small or substantial, the Regional Representative shall notify the Office of the Administrator of action taken as promptly as feasible, in order that such office may keep abreast of current developments.

703.5 Suspended housing. (a) Each National Housing Agency Regional Representative is hereby authorized to recommend suspension of any Federallyowned public war housing projects or parts thereof, in accord with the detailed conditions and procedures set forth in NHA Operating Instruction 11-18.1 Pending decision as to whether suspended projects or parts thereof shall be made active, limited, stand-by, or terminated, no additional commitments shall be made for the furtherance of development, but existing commitments shall be carried forward and work shall continue where contracts have been awarded and proceed orders issued.

§ 703.6 Stand-by housing. (a) Each National Housing Agency Regional Representative is hereby authorized to recommend revision of the locality program so as to hold for stand-by purposes any Federally-owned public war housing projects or parts thereof, which shall result in the closing and holding of such projects or parts thereof (or the temporary cessation of development, and holding thereof, if not completed) for anticipated occupancy at some later date by in-migrant war workers. The circumstance under which such stand-by action may be taken, and the procedures in connection therewith, are set forth in detail in NHA Operating Instruction 11-18.1

(b) The NHA constituent unit having control of any Federally-owned public war housing held for stand-by purposes

Not filed with the Division of the Federal Register.

shall have full responsibility and authority for taking as promptly as possible all necessary action resulting from the revised program, unless the Administrator directs that specific action be taken.

(c) Whenever changed circumstances or additional facts justify, the Regional Representatives may recommend restoration to active status, either with or without occupancy restrictions, or may recommend termination.

§ 703.7 Terminated housing. (a) Federally-owned public war housing projects or parts thereof (except permanent, unmoveable projects which are substantially completed) which are no longer needed for residential purposes in the locality during the war or during the period of orderly demobilization may be programmed as terminated, with consequent provisions for the removal, transfer to other Federal agencies, sale or lease of such housing all in accord with the relevent statutory provisions. The policies and procedures relating to such termination and disposition during the war are treated in §§ 703.11-703.13. TERMINATION DURING THE WAR OF OTHER THAN PERMANENT, UNMOVABLE HOUSING AUTHORITY: $$ 703.11 to 703.13, inclusive, issued under E.O. 9070; 3 CFR Cum. Supp.

SOURCE: $ 703.11 to 703.13, inclusive, contained in NHA Regulation 60-11, Administrator, Mar. 14, 1944, effective Jan. 27, 1944, 9 F.R. 2819.

§ 703.11 General policy. (a) The purpose of §§ 703.11-703.13 is (1) to enable the termination during the war of public war housing projects or parts thereof, other than permanent, unmovable housing, in instances where such housing seems clearly to be no longer needed for residential purposes in the locality during the war or during the period of orderly demobilization of the war effort, and (2) to state general policies in conformity with which the constituent units shall act during the war in order to assure that any terminated projects shall be used to the best advantage in connection with the war effort or its orderly demobilization, or (where such use is not feasible) dispose of in the public interest and the best financial interest of the Government.

(b) Sections 703.11-703.13 apply to public war housing under the jurisdiction of the NHA and developed under the provisions of Public Laws 849 and 781 (76th Congress) and Public Laws 9, 73,

and 353 (77th Congress). Sections 703.11-703.13 do not provide for the termination during the war of permanent, unmovable public war housing which has been substantially completed, since such housing has been programmed only in places where there was strong indication of long-term housing need and its disposition in accord with the Lanham Act will be primarily a postwar problem. Policies and procedures with respect to the termination of such housing will subsequently be issued. Incomplete permanent housing, of which there is relatively little, may be terminated under §§ 703.11-703.13.

(c) The policies and procedures set forth in §§ 703.11-703.13 are in accord with the letter and intent of the relevant provisions of the Lanham Act. Section 313 of the Lanham Act, relating to temporary public war housing reads as follows:

The Administrator shall, as promptly as may be practicable and in the public interest, remove all housing under his jurisdiction which is of a temporary character, as determined by him, and constructed under the provisions of this Act, Public Law 781, Seventy-sixth Congress, and Public Laws 9, 73, and 353, Seventy-seventh Congress. Such removal shall, in any event, be accomplished not later than two years after the President declares that the emergency declared by him on September 8, 1939, has ceased to exist, with the exception only of such housing as the Administrator, after consultation with local communities finds is still needed in the interest of the orderly demobilization of the war effort: Provided, That all such exceptions shall be reexamined annually by the Administrator and that all such exceptions and reexaminations shall be reported to the Congress.

Section 4 of the Lanham Act, relating to public war housing other than temporary, reads in part as follows:

It is hereby declared to be the policy. that such housing may be sold and disposed of as expeditiously as possible: Provided, That in disposing of said housing consideration shall be given to its full market value and said housing or any part thereof shall not, unless specifically authorized by Congress, be conveyed to any public or private agency organized for slum clearance or to provide subsidized housing for persons of low income.

§ 703.12 Termination of public war housing. (a) Each National Housing Agency regional representative is hereby authorized to recommend termination of any Federally-owned public war housing projects or parts thereof, which this

regulation affects. The conditions under which housing may be terminated, and the procedures to be followed, are set forth in detail in NHA Operating Instructions No. 11-18.1 Termination of such housing shall constitute an authorization to the FPHA to take all necessary action toward removal, transfer to other uses, or disposition.

(b) In view of the finality of action which terminates public war housing, extreme care should be exercised by the regional representatives in order that projects or parts thereof shall be recommended for termination only when (1) the best available information has shown that there is no anticipated in-migrant war worker need which would justify reprogramming the housing involved for stand-by purposes in accordance with §§ 703.1-703.7; and (2) it is clear from rental experience and the best available information that the housing involved is not needed in its present location to meet residential needs which would be served by relaxation of the occupancy requirements in accordance with §§ 703.1-703.7; and (3) that through a combination of (1) and (2) it is clear that the housing involved is no longer needed for residence purposes in the locality during the war or during the period of orderly demobilization.

§ 703.13 Treatment of terminated housing. (a) When a project assigned to FPHA is programmed in whole or in part as "terminated" the FPHA (unless the Commissioner thereof in any specific case be otherwise directed by the Administrator) shall have full authority and responsibility for taking, as promptly as possible, all necessary action resulting from the termination and shall act within the limits of the following policies:

(1) Trailers and portable units should be moved to fill public war housing programs for such units in other localities or to carry out other assignments of the Administrator. Pending such moving they may be kept on their present site. Because of their utility in the public war housing program, they should not be transferred, or sold or leased for any other use; except that sales may be made of trailers in such a state of disrepair that their further use is impracticable;

1 Not filled with the Division of the Federal Register.

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