§356D-16 Contracts with the federal government. (a) The authority may:
(1) Borrow money or accept grants from the federal government for or in aid of any public housing project that the authority is authorized to undertake;
(2) Take over any land acquired by the federal government for the construction or operation of a public housing project;
(3) Take over, lease, or manage any public housing project constructed or owned by the federal government, and to these ends, enter into contracts, mortgages, leases, or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance, and operation of the public housing project;
(4) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any public housing project;
(5) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages, payment of not less than prevailing salaries or wages, or compliance with labor standards, in the development or administration of public housing projects, and include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor;
(6) Comply with any conditions required by the federal government in any contract for financial assistance; and
(7) Execute contracts with the federal government.
(b) In any contract for annual contributions with the federal government, the authority may obligate itself to convey to the federal government possession of or title to the public housing project to which the contract relates, if a substantial default, as defined by contract, occurs. Notwithstanding any other law to the contrary, this obligation shall be specifically enforceable and shall not constitute a mortgage.
The contract may provide further that if a conveyance occurs, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.
(c) It is the purpose and intent of this section to authorize the authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any public housing project that the authority is empowered to undertake. [L 2006, c 180, pt of §2]
Case Notes
Mentioned: 903 F. Supp. 2d 1037 (2012).
Structure Hawaii Revised Statutes
356D. Hawaii Public Housing Authority
356D-2 Hawaii public housing authority; establishment, staff.
356D-3 Board; establishment, functions, duties.
356D-4 General powers of the authority.
356D-5 Resident advisory boards; establishment.
356D-6 Nomination of resident board member.
356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas.
356D-6.7 Closed to the public.
356D-7 Fair housing law to apply.
356D-7.5 Exemption from tax on income and obligations.
356D-8 Acquisition, use, and disposition of property.
356D-9 Cooperative agreements with other government agencies.
356D-10 Agents, including corporations.
356D-11 Development of property.
356D-12 Development of property; additional powers.
356D-12.5 Development of property; partnership or development agreement.
356D-13 Administration of federal programs.
356D-13.5 Housing choice voucher program administration.
356D-14 Federal funds outside of state treasury.
356D-15 Eminent domain, exchange, or use of public property.
356D-16 Contracts with the federal government.
356D-17 Public works contracts.
356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
356D-19 Subordination of mortgage to agreement with government.
356D-22 Bonds; interest rate, price, and sale.
356D-23 Trustee; designation, duties.
356D-25 Investment of reserves, etc.
356D-26 Security for funds deposited by the authority.
356D-27 Arbitrage provisions; interest rate.
356D-28 Public housing special fund.
356D-31 Rentals and tenant selection.
356D-42 Housing; tenant selection.
356D-44 Administration of state low-income public housing projects and programs.
356D-45 State low-income housing revolving fund.
356D-45.5 Delinquent accounts.
356D-47 Government aid; political subdivisions.
356D-52 Lien on personalty for rent, etc.
356D-53 Foreclosure of lien, notice, etc.
356D-54 Sheriff or police to assist.
356D-55 Existing contracts not impaired.
356D-56.1 Disposition of abandoned or seized property.
356D-57 Disposition of surplus proceeds.
356D-58 Lien attaches to personalty in possession.
356D-59 Priority of housing lien.
356D-62 Termination and evictions.
356D-70 Renumbered as §356D-60.
356D-71 Resident selection; dwelling units; rentals.
356D-72 Housing for elders revolving fund.
356D-92 Termination and eviction.
356D-101 Gifts, etc., to counties from authority.
356D-102 Facilities and services by counties to authority and tenants.
356D-103 Construction of additional powers.
356D-104 Charges for prior services by counties to authority.
356D-105 Garbage and trash disposal.
356D-106 Furnishing of free water not required.
356D-107 Regulation of traffic within public housing projects in the various counties.
356D-108 to 356D-119 Reserved.
356D-121 to 356D-147 REPEALED.
356D-151.5 Rent supplement; qualification.
356D-152 Housing owner; defined.
356D-153 Qualified tenant defined; preference.
356D-154 Relationship of annual payment to rental and income.
356D-155 Determination of eligibility of tenants and rental charges.