§1506 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies, including government-owned corporations, may keep supplying utilities and services to housing that the Secretary of Housing and Urban Development controls. They can sign contracts with buyers or transferees to keep the utility connection and provide needed services for as long as the federal government runs the installations. The agency head sets the terms and can require payment of either the buyer’s share of government cost or the market value, whichever is greater. Agencies can sell extra installations or offer buyers an option to buy for at least the appraised value. If a federal agency controls land crossed by utility lines for HUD housing, it may give easements to HUD or to the buyers. Those easements can be permanent.

Title 42, §1506

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Any Federal agency (including any wholly owned Government corporation) administering utility installations connected to a utility system for housing under the jurisdiction of the Secretary of Housing and Urban Development is authorized—

(1)to continue to provide utilities and utility services to such housing as long as it is under the jurisdiction of the Secretary;

(2)to contract with the purchasers or transferees of such housing to continue the utility connection with such installations and furnish such utilities and services as may be available and needed in connection with such housing, for such period of time (not exceeding the period of Federal administration of such installations) and subject to such terms (including the payment of the pro rata cost to the Government or the market value of the utilities and services furnished, whichever is greater) as may be determined by the head of the agency;

(3)to dispose of such installations, when excess to the needs of the agency, and where not excess to grant an option to purchase, to the purchasers or transferees of such housing, for an amount not less than the appraised value of the installations and upon such terms and conditions as the head of the agency shall establish.

(b)Any Federal agency (including any wholly owned Government corporation) having under its jurisdiction lands across which run any part of a utility system for housing under the jurisdiction of the Secretary is authorized to grant to the Secretary, or to the purchasers or transferees of such housing, easements (which may be perpetual) on such land for utility purposes.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was not enacted as part of title II of act June 28, 1948, ch. 440, 54 Stat. 681, known as title II of the National Defense Expediting Act which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administration was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89–174, § 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.

§1506 Administration of utilities and utility services; granting of easements