42 U.S.C. § 1441

Congressional declaration of national housing policy

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The Congress declares that the general welfare and security of the Nation and the health and living standards of its people require housing production and related community development sufficient to remedy the serious housing shortage, the elimination of substandard and other inadequate housing through the clearance of slums and blighted areas, and the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family, thus contributing to the development and redevelopment of communities and to the advancement of the growth, wealth, and security of the Nation. The Congress further declares that such production is necessary to enable the housing industry to make its full contribution toward an economy of maximum employment, production, and purchasing power. The policy to be followed in attaining the national housing objective established shall be: (1) private enterprise shall be encouraged to serve as large a part of the total need as it can; (2) governmental assistance shall be utilized where feasible to enable private enterprise to serve more of the total need; (3) appropriate local public bodies shall be encouraged and assisted to undertake positive programs of encouraging and assisting the development of well-planned, integrated residential neighborhoods, the development and redevelopment of communities, and the production, at lower costs, of housing of sound standards of design, construction, livability, and size for adequate family life; (4) governmental assistance to eliminate substandard and other inadequate housing through the clearance of slums and blighted areas, to facilitate community development and redevelopment, and to provide adequate housing for urban and rural nonfarm families with incomes so low that they are not being decently housed in new or existing housing shall be extended to those localities which estimate their own needs and demonstrate that these needs are not being met through reliance solely upon private enterprise, and without such aid; and (5) governmental assistance for decent, safe, and sanitary farm dwellings and related facilities shall be extended where the farm owner demonstrates that he lacks sufficient resources to provide such housing on his own account and is unable to secure necessary credit for such housing from other sources on terms and conditions which he could reasonably be expected to fulfill. The Department of Housing and Urban Development, and any other departments or agencies of the Federal Government having powers, functions, or duties with respect to housing, shall exercise their powers, functions, and duties under this or any other law, consistently with the national housing policy declared by this Act and in such manner as will facilitate sustained progress in attaining the national housing objective hereby established, and in such manner as will encourage and assist (1) the production of housing of sound standards of design, construction, livability, and size for adequate family life; (2) the reduction of the costs of housing without sacrifice of such sound standards; (3) the use of new designs, materials, techniques, and methods in residential construction, the use of standardized dimensions and methods of assembly of home-building materials and equipment, and the increase of efficiency in residential construction and maintenance; (4) the development of well-planned, integrated, residential neighborhoods and the development and redevelopment of communities; and (5) the stabilization of the housing industry at a high annual volume of residential construction.

Notes of Decisions

Cited in 213 cases (6 in the last 5 years), 1959–2025 · leading case: Marceau v. Blackfeet Hous. Auth., 540 F.3d 916 (9th Cir. 2008).

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Marceau v. Blackfeet Hous. Auth., 540 F.3d 916 (9th Cir. 2008). · cites it 6× “the production of housing of sound standards of design, construction, livability, and size for adequate family life; (2) the reduction of the costs of housing without sacrifice of such sound standards; (3) the use of new designs, materials, techniques, and methods in residential…”

Cedar-Riverside Assocs., Inc., Etc. v. The City of Minneapolis & the Minneapolis Hous. & Redevelopment Auth., 606 F.2d 254 (8th Cir. 1979). · cites it 9× “3 In their two remaining claims appellants allege violations of national housing policy, as expressed in the Housing Act of 1949, 42 U.S.C. § 1441 et seq. (1976) (the Housing Act).”

City of Evansville Ex Rel. Dep't of Redevelopment v. Reising, 547 N.E.2d 1106 (Ind. Ct. App. 1989). · cites it 12× “§ 5309 and furthermore, that the use of said monies as contemplated by the plaintiff will have a disruptive effect upon housing patterns in the immediate area in contravention of the intent of 42 U.”

Powelton Civic Home Owners Ass'n Ex Rel. Hilburn Harbidge v. Dep't of Hous. & Urban Dev., 284 F. Supp. 809 (E.D. Pa. 1968). · cites it 6× “(4) The plaintiffs’ alternative request that the Court review the merits of the federal defendants’ substantive decision that the minimum requirements of Title 42 U.S.C. § 1441 et seq., have been satisfied will be and hereby is DENIED.”

United States v. Winthrop Towers, a Ltd. P'ship, & Metro. Bank & Trust Co. as Tr. Under Trust 1037, 628 F.2d 1028 (7th Cir. 1980). · cites it 4× “Defendants argued that the statement of national housing policy contained in 42 U.S.C. § 1441 should guide the court’s review of HUD’s actions but the district court considered the language of § 1441 too broad to provide a standard for review.”

United States v. L.J. Garner & Tommie N. Garner, 767 F.2d 104 (5th Cir. 1985). · cites it 3× “42 U.S.C. § 1441 . Toward this end, section 501(a) of the Act, as amended, provides in pertinent part: The Secretary of Agriculture (hereinafter referred to as the “Secretary”) is authorized, subject to the terms and conditions of this subchapter, to extend financial assistance,…”

Laura Sheldon v. Thomas Vilsack, 538 F. App'x 644 (6th Cir. 2013). · cites it 8× “They sued the banks that made the loans and sued the Defendants-Appellees, including RHS; Thomas Vil-sack, Secretary of the USDA; Dallas Ton-sanger, Undersecretary for Rural Development at USDA; and Tammye Treviño, Administrator of RHS (“Appellees”), under the Housing Act, 42…”

Thorpe v. Hous. Auth. of Durham, 393 U.S. 268 (1969). · cites it 2× “413 , 42 U. S. C. § 1441 . That section further directs all agencies of the Federal Government "having powers, functions, or duties with respect to housing.”

Fed. Prop. Mgmt. Corp. v. Patricia Roberts Harris, 603 F.2d 1226 (6th Cir. 1979). · cites it 6× “42 U.S.C. § 1441 (emphasis supplied). Thus, with passage of the Housing Act of 1949, 42 U.”

Leo Burroughs, Jr., Cross-Appellees v. Carla Hills, Sec'y, Dep't of Hous. & Urban Dev., Cross-Appellants, 741 F.2d 1525 (7th Cir. 1984). · cites it 3× “Under date of October 11, 1978, it was held that the motion was denied because a cause of action was stated under 42 U.S.C. § 1441 . (See Appendix for text of this section).”

Commonwealth of Pennsylvania v. James T. Lynn, Sec'y of Hous. & Urban Dev., 501 F.2d 848 (D.C. Cir. 1974). · cites it 4× “Third, the Secretary suggests that the national housing policy, 42 U.S.C. § 1441 , which applies to all federal agencies with housing functions, is better served by the action he has *854 taken, or at least that he is entitled so to conclude.”

Genanett Alexander v. U. S. Dep't of Hous. & Urban Dev. & Carla A. Hills, Sec'y, 555 F.2d 166 (7th Cir. 1977). · cites it 3× “Pointing to the Congressional declaration of national housing policy contained in 42 U.S.C. § 1441 , the “comprehensive” regulatory scheme imposed on mortgagors of Section 221(d)(3) projects 6 and the various chapters of HUD’s Property Disposition Handbook, Multifamily…”

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