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Volume 52 · 1187

Public Law 75–691

To amend an Act entitled “District of Columbia Alley Dwelling Act”, approved June 12, 1934, and for other purposes.

Approved June 25, 1938

Statutory text

AN ACT

To amend an Act entitled “District of Columbia Alley Dwelling Act”, approved June 12, 1934, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the first section of the District of Columbia Alley Dwelling Act, approved June 12, 1934, is hereby amended to read as follows:

“TITLE I

“Section 1.

(a)

It is hereby declared to be a matter of legislative determination that the conditions existing in the District of Columbia with respect to the use of buildings in alleys as dwellings for human habitation are injurious to the public health, safety, morals, and welfare; and it is hereby declared to be the policy of the United States to protect and promote the welfare of the inhabitants of the seat of the Government by eliminating all such injurious conditions by employing all means necessary and appropriate for the purpose; and control by regulatory processes having proved inadequate and insufficient to remedy the evils, it is in the judgment of Congress necessary to acquire property in the District of Columbia by gift, purchase, or the use of eminent domain in order to effectuate the declared policy by the discontinuance of the use for human habitation in the District of Columbia of buildings in alleys, and thereby to eliminate the communities in the inhabited alleys in said District, and to provide decent, safe, adequate, and sanitary habitations for persons or families substantially equal in number to those who are to be deprived of habitation by reason of the demolition of buildings under the terms of this title, and to prevent an acute shortage of decent, safe, adequate, and sanitary dwellings for persons of low income, and to carry out the policy declared in the Act approved

40 Stat. 550.

May 181 1So in original., 1918, as amended, of caring for the alley population in the District of Columbia, and to that end it is necessary to enact the provisions hereinafter set forth.

“(b)

In order to remedy the conditions and evils hereinbefore recited and to carry out the policy hereinbefore declared, the President is hereby authorized and empowered to acquire by purchase, gift, condemnation, or otherwise—

“(1)

any land, building, or structures, or any interest therein, situated in or adjacent to any inhabited alley in the District of Columbia;

“(2)

any land, buildings, or structures, or any interest therein, within any square containing an inhabited alley, the acquisition of which is reasonably necessary for utilization, by replatting, improvement or otherwise, pursuant to the provisions of this Act, of any property acquired under subparagraph (1) of this subsection; and

“(3)

any other land, together with any structures that may be located thereon, in the District of Columbia that may be necessary to provide decent, safe, adequate, and sanitary housing accommodations for persons or families substantially equal in number to those who are to be deprived of habitation by reason of the demolition of buildings pursuant to the provisions of this title.

“(c)

The Authority is authorized and empowered to replat any land acquired under this Act; to pave or repave any street or alley thereon; to construct sewers and water mains therein; to install street lights thereon; to demolish, move, or alter any buildings or structures situated thereon and erect such buildings or structures thereon as deemed advisable: Provided, however, That the same shall be done and performed

Proviso.

Application of D. C. laws, etc.

in accordance with the laws and municipal regulations of the District of Columbia applicable thereto.

“(d)

The Authority is hereby authorized and empowered to lease, rent, maintain, equip, manage, exchange, sell, or convey any such lands, buildings, or structures acquired under this title, for such amounts and upon such terms and conditions as it may determine: Provided,

Provisos.

Public sales of real property.

That sales of real property shall be made at public sale to the highest responsible bidder on terms satisfactory to the Authority after advertising for three consecutive weeks in at least one daily newspaper of general circulation published in the District of Columbia: Provided, however, That the Authority may, without advertising, sell such property

Sales to quasi-public institution without advertising.

to a quasi-public institution or agency not organized or operated for private profit at not less than the cost of such property to the Authority, including improvements: And provided further, That if

Transfer to United States or D. C. if for government purposes; payment.

any such lands, buildings, or structures are required for the purposes of the United States or of the District of Columbia, they may be transferred thereto upon payment to the Authority of the reasonable value thereof.

“(e)

The Authority is authorized and empowered to aid in providing, equipping, managing, and maintaining houses and other buildings, improvements, and general community utilities on the property acquired under the provisions of this title, by loans, upon such terms and conditions as it may determine, to limited dividend corporations whose dividends do not exceed 6 per centum per annum, or to home owners to enable such corporations or home owners to acquire and develop sites on the property: Provided, however, That no loan shall

Proviso.

Interest rate on loans.

be made at a lower rate of interest than 5 per centum per annum, and that all such loans shall be secured by reserving a first lien on the

Security.

property involved for the benefit of the United States.”

Sec. 2.

Section 3 (b) of such Act is hereby amended by adding thereto the following: “The Authority is hereby authorized and empowered

Acceptance of gifts.

to accept gifts of money from private sources; to borrow

Loans from Treasury authorized.

from the Treasury of the United States not to exceed $1,000,000 in the fiscal year ending June 30, 1939, and a like sum in each of the four succeeding fiscal years, upon such terms and conditions as the President may deem advisable, and appropriations for such purpose

Appropriations authorized.

are hereby authorized out of the general fund of the Treasury: Provided, That the Authority shall be obligated for the payment of

Proviso.

Interest.

50 Stat. 888.

42 U. S. C., Supp. III, § 1401.

interest at the going Federal rate as defined in the United States Housing Act of 1937. ”

Sec. 3.

Section 3 (d) of such Act is amended to read as follows:

“(d)

The total amount paid for property or properties acquired, except by condemnation, in any square shall not exceed.30 per centum over and above the current assessed value of all the property or properties acquired, except by condemnation, in such square to carry out the provisions of this Act.”

Sec. 4.

Section 3 of such Act is amended by adding thereto the following:

“(e)

In carrying out the provisions of this Act, the Authority is hereby authorized and empowered (1) to procure services or make

R. S. § 3709.

41 U. S. C. § 5.

any purchase without regard, to the provisions of section 3709 of the Revised Statutes, provided the aggregate amount involved is not

Books of reference, etc.

more than $100, (2) to purchase books of reference, directories, and periodicals that are necessary in connection with its work, and (3)

Technical services.

5 U. S. C. §§ 631–652, 661–674; Supp. III, §§ 673, 673c.

Proviso.

Not applicable to permanent employment.

to secure architectural and engineering services on specific projects, without regard to the Civil Service laws and the Classification Act of 1923, as amended: Provided, That this authorization shall not apply to the employment of architects and engineers by the Authority on a permanent basis.”

Sec. 5.

Such Act of June 12, 1934, is further amended by adding at the end thereof the following new title:

“TITLE II

“Sec. 201.

As used in this title—

“(a)

The term ‘housing project’ shall mean any low-rent housing

50 Stat. 888.

42 U. S. C. Supp. III, § 1401.

(as defined in the United States Housing Act of 1937), the development or administration of which is assisted by the United States Housing Authority.

“(b)

The term ‘development’ shall mean any or all undertakings necessary for planning, financing (including payment of carrying charges), land acquisition, demolition, construction, or equipment, in connection with a housing project, but not beyond the point of physical completion.

“Sec. 202.

In addition to its other powers, the Authority shall have the power to acquire sites for and to prepare, carry out, acquire, lease, and operate housing projects, as defined in section 201 of this title, and to construct or provide for the construction, reconstruction, improvement, alteration, or repair of any such housing project, or any part thereof, in the District of Columbia.

“Sec. 203.

For the purposes of this title the Authority shall be considered a public housing agency within the meaning of, and to carry out the purposes of, the United States Housing Act of 1937; and as

Acceptance of Federal financial assistance.

such, the Authority is empowered to borrow money or accept contributions, grants or other financial assistance from the United States Housing Authority for or in aid of any housing project in the District of Columbia, in accordance with the United States Housing Act of

Lease, etc., of projects of U. S. Housing Authority, etc.

1937, to take over or lease or manage any such housing project or undertaking constructed, owned, or operated by the United States Housing Authority, and to those ends to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements

Proviso.

Tax exemption of property deemed a contribution by the District of Columbia.

50 Stat. 891, 893.

42 U. S. C., Supp. III, §§ 1410, 1411.

as may be necessary, convenient, or desirable: Provided, That the tax exemption of the property of the Authority shall be deemed a contribution by the District of Columbia in accordance with the local contributions requirements of section 10 (a) or section 11 (f) of the United States Housing Act of 1937. It is the purpose and intent of this title to authorize the Authority to do any and all things necessary to secure the financial aid of the United States Housing Authority in the undertaking, construction, maintenance, or operation in the District of Columbia of any housing project by the Authority.

“Sec. 204.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, the District of Columbia, or any department, instrumentality, or agency thereof, may, upon such terms, with or without consideration, as it may determine, as a contribution—

“(a)

Dedicate, sell, convey, or lease any needed property to the Authority;

“(b)

Cause parks, playgrounds, or recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;

“(c)

Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;

“(d)

Enter into agreements with the Authority respecting action to be taken pursuant to any of the powers granted by this Act;

“(e)

Cause services of a character which it is otherwise empowered to furnish to be furnished to the Authority;

“(f)

Enter into agreements with the Authority respecting the elimination of unsafe, insanitary, or unfit dwellings; and

“(g)

Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects.

“Sec. 205.

The Commissioners of the District of Columbia are hereby authorized to lend to the Authority such amounts as may be necessary to enable the Authority to comply with the provisions of the United States Housing Act of 1937, and appropriations for such purpose

50 Stat. 888.

42 U. S. C., Supp. III, § 1401.

Appropriations authorized from District revenues.

are hereby authorized out of the Revenues of the District of Columbia, and the Authority is empowered to accept such loans.”

Approved, June 25, 1938.

Parsed from the official Statutes at Large USLM XML in 52.xml