B-102622, MAY 11, 1951, 30 COMP. GEN. 447

B-102622, MAY 11, 1951, 30 COMP. GEN. 447

APPROPRIATIONS - HOUSING CONSTRUCTION - AVAILABILITY FOR FURNITURE AND EQUIPMENT FUNDS APPROPRIATED PURSUANT TO TITLE IV OF THE HOUSING ACT OF 1950 FOR LOANS TO EDUCATIONAL INSTITUTIONS TO PROVIDE FOR STUDENTS AND FACULTIES ARE LIMITED IN THEIR USE TO THE COST OF HOUSING CONSTRUCTION, AND ARE NOT AVAILABLE FOR PAYMENT FOR FURNITURE AND EQUIPMENT SUCH AS BEDS, CHAIRS, TABLES, DRESSERS, COOK STOVES, AND REFRIGERATORS TO EQUIP SUCH HOUSING.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY, MAY 11, 1951:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 6, 1951, REQUESTING MY OPINION AND VIEWS AS TO WHETHER MONEY MADE AVAILABLE PURSUANT TO TITLE IV OF THE HOUSING ACT OF 1950 ( PUBLIC LAW 475, APPROVED APRIL 20, 1950) FOR LOANS TO EDUCATIONAL INSTITUTIONS TO PROVIDE HOUSING FOR THEIR STUDENTS AND FACULTIES IS AVAILABLE TO FURNISH AND EQUIP SUCH HOUSING.

IT IS STATED IN YOUR LETTER THAT THE USE OF TITLE IV FUNDS FOR THE PURPOSE INDICATED WOULD BE LIMITED TO ITEMS OF FURNITURE AND EQUIPMENT NORMALLY PROVIDED BY THE EDUCATIONAL INSTITUTIONS FOR STUDENTS AND FACULTY MEMBERS, SUCH AS BEDS, CHAIRS, TABLES, AND DRESSERS FOR DORMITORIES, AND COOK STOVES AND REFRIGERATORS FOR FACULTY HOUSING. THE PROPOSED USE OF THE FUNDS IS PREDICATED UPON THE THEORY THAT SUCH FURNITURE AND EQUIPMENT ARE NECESSARY IN ORDER TO CARRY ON THE LEGISLATIVE INTENT OF PROVIDING COMPLETE FINANCIAL ASSISTANCE TO THE BORROWING INSTITUTIONS, AND, THEREFORE, IS WITHIN THE SCOPE OF THE BROAD AUTHORITY VESTED IN THE ADMINISTRATOR BY THE GENERAL PROVISIONS OF THE TITLE.

TITLE IV OF THE HOUSING ACT OF 1950 PROVIDES IN SECTION 401 (A), 64 STAT. 77, FOR LOANS TO EDUCATIONAL INSTITUTIONS FOR CONSTRUCTION OF HOUSING FOR THEIR STUDENTS AND FACULTIES IN AMOUNTS NOT TO EXCEED THE TOTAL "DEVELOPMENT COSTS" OF THE HOUSING AS DETERMINED BY THE ADMINISTRATOR. THE LANGUAGE OF SECTION 401 (A) WOULD SEEM TO LEAVE LITTLE DOUBT THAT THE LOANS PROVIDED FOR THEREIN WERE TO BE LIMITED TO THE COSTS OF CONSTRUCTING HOUSING. HOWEVER, IF THERE WERE CONCEDED TO BE SOME DOUBT IN THE MATTER, SECTION 404, 64 STAT. 80, SPECIFICALLY DEFINING THE TERMS OF SECTION 401 (A) WOULD DISPEL ANY SUCH DOUBT. SAID SECTION 404 DEFINES "HOUSING" AS NEW STRUCTURES BUILT FOR DWELLING USE, INCLUDING SINGLE-ROOM DORMITORIES AND APARTMENTS, AND DWELLING FACILITIES PROVIDED BY REHABILITATION, ALTERATION, CONVERSION, OR IMPROVEMENT OF EXISTING STRUCTURES WHICH ARE OTHERWISE INADEQUATE FOR THE PROPOSED DWELLING USE. "DEVELOPMENT COSTS" ARE DEFINED AS THE COST OF CONSTRUCTION OF THE HOUSING AND THE LAND ON WHICH IT IS LOCATED, INCLUDING NECESSARY SITE IMPROVEMENTS. "CONSTRUCTION" IS DEFINED AS THE ERECTION OF NEW STRUCTURES OR THE REHABILITATION, ALTERATION, CONVERSION, OR IMPROVEMENT OF EXISTING STRUCTURES.

WHILE, AS STATED IN YOUR LETTER, IT MAY HAVE BEEN THE PURPOSE OF TITLE IV TO MAKE POSSIBLE THE COMPLETE FINANCING OF THE TOTAL DEVELOPMENT COSTS OF ADEQUATE HOUSING FOR STUDENTS AND FACULTIES AT EDUCATIONAL INSTITUTIONS OF HIGHER LEARNING AND ALTHOUGH YOU STATE THAT FURNITURE AND EQUIPMENT OF THE TYPE DESCRIBED IN YOUR LETTER ARE NORMALLY PROVIDED BY EDUCATIONAL INSTITUTIONS FOR THEIR STUDENTS AND FACULTIES, THERE IS NOTHING IN THE ACT PROVIDING THEREFOR OR ANYTHING IN THE LEGISLATIVE HISTORY THEREOF SHOWING ANY INTENT THAT SUCH ITEMS ARE TO BE INCLUDED IN ARRIVING AT THE TOTAL AMOUNT OF THE LOAN.

THE STATUTORY DEFINITION OF "DEVELOPMENT COSTS" PRESUMABLY INCLUDES ALL THINGS CONSIDERED TO BE NECESSARY TO PROVIDE STRUCTURES ADEQUATE FOR DWELLING USE. SECTION 404 SPECIFICALLY NAMES LAND, SITE IMPROVEMENTS, AND CONSTRUCTION OF HOUSING, DEFINED GENERALLY AS STRUCTURES FOR DWELLING USE, FOR INCLUSION IN SUCH COSTS. UNDER THE WELL-KNOWN MAXIM "EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS," THE NAMING OF THESE ITEMS NECESSARILY EXCLUDES ALL OTHERS. ACCORDINGLY, I AM OF THE OPINION THAT THE COST OF FURNITURE AND EQUIPMENT OF THE TYPE IN QUESTION MAY NOT LEGALLY BE CHARGED TO TITLE IV FUNDS.