Chapter 517
2013 -- H 5981 SUBSTITUTE A
Enacted 07/19/13
A N A C T
RELATING TO
TOWNS AND CITIES - CITY HOUSING AUTHORITIES
Introduced By: Representatives Baldelli-Hunt, Silva, Costantino, Abney, and Phillips
Date Introduced: April 11, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-25-15 of the General Laws in Chapter
45-25 entitled "City
Housing Authorities"
is hereby amended to read as follows:
45-25-15. Powers
of authority enumerated. -- (a) An authority
constitutes a public
body and a body corporate and politic, exercising public
powers, and has all the powers necessary
or convenient to carry out and effectuate the purposes
and provisions of chapters 25 -- 27 of this
title, including the following powers in addition to others
granted in this chapter:
(1) To investigate into
living, dwelling, and housing conditions and into the means and
methods of improving these conditions;
(2) To determine where
unsafe, or unsanitary dwelling or housing conditions exist;
(3) To study and make
recommendations concerning the plan of any city or municipality
located within its boundaries in relation to the problem of
clearing, replanning, and reconstruction
of areas in which unsafe, or unsanitary dwelling or
housing conditions exist, and the providing of
dwelling accommodations for persons of low income, and to
cooperate with any city, municipal
or regional planning agency;
(4) To prepare, carry out,
and operate housing projects;
(5) To provide for the
construction, reconstruction, improvement, alteration, or repair of
any housing project or any part of it;
(6) To take over by
purchase, lease, or otherwise, any housing project located within its
boundaries undertaken by any government, or by any city or
municipality located in whole or in
part within its boundaries;
(7) To manage as agent
of any city or municipality any housing project located in whole
or in part within its boundaries;
(8) To act as agent for
the federal government in connection with the acquisition,
construction, operation, and/or management of a housing project or
any part of it;
(9) To arrange with any
city or municipality located in whole or in part within its
boundaries or with a government for the furnishing, planning, replanning, installing, opening or
closing of streets, roads, roadways, alleys, sidewalks, or
other places or facilities or for the
acquisition by the city, municipality, or, a government of
property, options, or property rights, or
for the furnishing of property or services in connection
with a project;
(10) To arrange with
the state, its subdivisions and agencies, and any county, city, town,
or municipality of the state, to the extent that it is
within the scope of each of their respective
functions, (i) to cause the services
customarily provided by each of them to be rendered for the
benefit of the housing authority and/or the occupants of any
housing projects, (ii) to provide and
maintain parks and sewage, water, and other facilities
adjacent to or in connection with housing
projects, and (iii) to change the city or municipality map, to
plan, replan, zone, or rezone any part
of the city or municipality;
(11) To lease or rent
any of the dwelling or other accommodations or any of the lands,
buildings, structures, or facilities embraced in any housing
project and to establish and revise the
rents or charges for the project; to enter upon any
building or property in order to conduct
investigations or to make surveys or soundings;
(12) To purchase,
lease, obtain options upon, acquire by gift, grant, bequest, devise, or
otherwise any property real or personal or any interest therein
from any person, firm, corporation,
city, municipality, or government;
(13) To acquire any
real property, including improvements and fixtures to this property;
to sell, exchange, transfer, assign, or pledge any
property real or personal or any interest to this
property to any person, firm, corporation, municipality, city,
or government;
(14) To own, hold,
clear, and improve property;
(15) To insure or
provide for the insurance of the property or operations of the authority
against risks as the authority may deem advisable;
(16) To procure
insurance or guaranties from the federal government of the payment of
any debts or parts of debts secured by mortgages made or
held by the authority on any property
included in any housing project;
(17) To borrow money
upon its bonds, notes, debentures, or other evidences of
indebtedness, and to secure them by pledges of its revenues, and
(subject to the limitations
imposed by this section) by mortgages upon property held or
to be held by it, or in any other
manner;
(18) In connection with
any loan, to agree to limitations upon its right to dispose of any
housing project or part of a project or to undertake
additional housing projects;
(19) In connection with
any loan by a government, to agree to limitations upon the
exercise of any powers conferred upon the authority by this
chapter;
(20) To invest any
funds held in reserves or sinking funds, or any funds not required for
immediate disbursements, in property or securities in which
savings banks may legally invest
funds subject to their control; to sue and be sued;
(21) To have a seal and
to alter that seal at pleasure; to have perpetual succession;
(22) To make and
execute contracts and other instruments necessary or convenient to the
exercise of the powers of the authority;
(23) To make and, from
time to time, amend and repeal bylaws, rules, and regulations
not inconsistent with this chapter, and to carry into
effect the powers and purposes of the
authority;
(24) To conduct
examinations and investigations, and to hear testimony and take proof
under oath at public or private hearings on any matter
material for its information;
(25) To issue subpoenas
requiring the attendance of witnesses or the production of books
and papers and to issue commissions for the examination
of witnesses who are out of the state or
unable to attend before the authority, or excused from
attendance; and
(26) To make available to
those agencies, boards or commissions as are charged with the
duty of abating or requiring the correction of nuisances
or like conditions, or of demolishing
unsafe or unsanitary structures within its territorial
limits, its findings and recommendations with
regard to any building or property where conditions exist
which are dangerous to the public
health, morals, safety, or welfare. ; and
(27) To request and
receive from the various state and federal departments and agencies
income information relating to unemployment compensation,
child support, alimony,
supplemental nutritional assistance and public welfare payments to
be held in strict
confidentiality by the authority and shared as part of the process
established with the federal
department of housing and urban development's earned income
information system in
cooperation with other federal and state agencies for the purpose
of determining the current
income of any applicant regarding rental calculations.
(b) Any of the
investigations or examinations provided for in this chapter may be
conducted by the authority or by a committee appointed by it,
consisting of one or more
commissioners, or by counsel, or by an officer or employee
specially authorized by the authority,
to conduct it. Any commissioner, counsel for the
authority, or any person designated by it to
conduct an investigation or examination has power to
administer oaths, take affidavits, and issue
subpoenas or commissions. An authority may exercise any or all
the powers conferred upon it,
either generally or with respect to any specific housing
project or projects, through or by an agent
or agents which it may designate, including any
corporation or corporations which are or shall be
formed under the laws of this state, and, for these
purposes, an authority may cause one or more
corporations to be formed under the laws of this state or may
acquire the capital stock of any
corporation or corporations. Any corporate agent, all of the
stock of which is owned by the
authority or its nominee or nominees, may, to the extent
permitted by law exercise any of the
powers conferred upon the authority. In addition to all of
the other powers conferred upon it, an
authority may do all things necessary and convenient to carry
out the powers expressly given in
chapters 25 and 27 of this title. No provisions with respect
to the acquisition, operation, or
disposition of property by other public bodies are applicable to
an authority unless stated
specifically by the legislature.
SECTION 2. This act shall take effect on July 1, 2015.
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LC02346/SUB A
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