Section 34B. Any contract for state financial assistance entered into by the commonwealth with a housing authority pursuant to section thirty-four may provide for additional state financial assistance in the form of a guarantee by the commonwealth of notes of the housing authority issued to finance temporarily the development cost of a housing project or projects for which a grant is to be made, by the amount of notes so guaranteed on account of any project shall not exceed the amount of the grant for that project. The total amount of all notes guaranteed pursuant to this section shall not exceed one hundred and twenty-eight million dollars exclusive of any such notes which may be issued for refunding purposes. The guarantee by the commonwealth of the notes of a housing authority shall be executed on each note by the director or an associate director of housing and community development. It shall be sufficient if the signature of said director or associate director upon such note is an engraved, printed or stamped facsimile signature provided that he has, by a writing bearing his written signature and filed in the office of said director, authorized his facsimile signature to be placed thereon. The facsimile signature of said director or associate director so engraved, printed or stamped thereon shall have the same validity and effect as his written signature. If any said director or associate director shall cease to be such officer before the delivery of such note, his signature or facsimile signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery.
A housing authority may sell commonwealth guaranteed temporary notes to finance a project; provided, that the total amount outstanding at any time, exclusive of any notes which may be issued for refunding purposes, shall not be in excess of the development cost of the project. Any such notes, whether original or refunding, may at any time be refunded through the issue and sale of notes hereunder but in no event for a term more than one year after completion of the project, as determined by the department. No notes may be issued on account of any project which cause the total amount of notes outstanding for that project, exclusive of notes which may be issued for refunding purposes, to exceed the amount of grant to be received thereafter under the contract relating thereto.
Notwithstanding the provisions of section seventeen the payment of the principal of, and interest on, all such notes shall be guaranteed by the commonwealth, and the full faith and credit of the commonwealth is hereby pledged for any such guarantee. Any excess between the completed cost of a project as determined by the department and the notes outstanding for such project may be retired from the proceeds of the notes, and if so retired, shall not be used in computing the total amount of notes guaranteed by the commonwealth under this section.
No housing authority shall sell or offer for sale any such notes without receiving from the department approval of the amount, the term, the time of sale, and other conditions which the department may deem relevant in connection with the sale of such notes.
Notes issued hereunder prior to the execution and delivery of a contract for the construction or acquisition of the project shall be payable not later than twelve months after such issuance and shall not exceed in aggregate principal amount outstanding at any time, exclusive of renewals, fifteen per cent of the development cost of the project as estimated by the department at the time of issuance. Except for notes described in the following paragraph, notes issued hereunder after the date of execution and delivery of a contract for the construction or acquisition of the project shall be payable in not more than ten months from such date or on such date or other notes for the same project shall be payable, whichever date shall later occur.
Notes issued after the execution and delivery of a contract for the construction or acquisition of the project, and after a grant under section thirty-four has been made to pay all or a portion of the costs of said project, shall not exceed in aggregate principal amount outstanding at any time, exclusive of renewals, ten per cent of the development cost of the project as determined by the department at the time of issuance; provided that said limitation shall not apply to notes issued to finance that portion of the development cost which is in excess of the development cost as estimated by the department at the time such grant was made. If the department determines that notes are outstanding which if renewed by the issuance of other notes would exceed the periods or amounts of notes permitted to be issued or outstanding by this section and if the department is advised by the state treasurer that in his best judgment bond market conditions are adverse and, therefore, it is not feasible to issue bonds in order to make a grant to retire such notes, then the department may authorize refunding notes which shall be payable not later than twelve months after their issuance without regard to the other limitations of this section; provided, however, that so long as any note which could not have been issued but for the provisions of this sentence is outstanding for any project, the department shall not approve under section thirty-one any housing project which requires the issuance of bonds or notes by or guaranteed by the commonwealth as part of the financing thereof.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 121b - Housing and Urban Renewal
Section 3 - Housing Authorities; Creation; Dissolution
Section 3a - Regional Housing Authorities; Creation; Dissolution
Section 4 - Redevelopment Authorities; Creation; Dissolution
Section 5 - Housing and Redevelopment Authorities; Membership; Appointment; Election; Term of Office
Section 5a - Waiver of Requirement to Appoint Tenant Member to Housing Authority Board
Section 7a - Guidelines for Contracts to Be Executed by Housing Authority and Executive Director
Section 8 - Operating Agencies; Housing Authorities
Section 9 - Urban Renewal Agencies
Section 10 - Operating Agencies; Designation of Authorities
Section 11 - Powers of Operating Agencies
Section 12 - Operating Agencies; Wages; Labor Requirements; Social Security
Section 14 - Operating Agencies; Federal Loans; Conveyance Upon Default
Section 15 - Operating Agencies; Bonds, Notes, Certificates; Negotiable Instruments
Section 17 - Liability of Commonwealth or Political Subdivisions for Debts of Housing Authority
Section 18 - Preparation of Master Plans, Etc. by City or Town; Appropriation and Payment
Section 21 - Indebtedness Limitation
Section 24 - Agreement to Bear Acquisition Loss
Section 25 - Housing Programs; Statement of Emergency
Section 26 - Powers of a Housing Authority
Section 26b - Performance-Based Monitoring Program; Assessment Standards
Section 27 - Rural Housing Authority; Additional Powers
Section 28a - Annual Plan; Availability to Public for Review and Comment
Section 30 - Contract With Federal Government; Acquiring Federally Owned Project
Section 32a - Parking Areas; Rules and Regulations; Towing
Section 32d - Actions by Tenants or Tenants' Organizations
Section 32e - Jurisdiction Over Civil Actions; Appellate Review
Section 33 - Equivalent Elimination of Substandard Dwelling Units
Section 34 - State and Federal Financial Assistance; General Provisions
Section 35 - Contracts for Supplementary State Financial Assistance
Section 36 - Receipt of Loans and Grants From Federal Sources or From Other Sources
Section 38 - Housing for the Elderly and the Handicapped; Declaration of Policy
Section 38a - Bureau of Housing for the Handicapped; Director; Functions
Section 38b - Housing for the Elderly and the Handicapped; Service Coordinator Program
Section 38c - Program to Conduct Annual Surveys of Public Housing Residents
Section 40 - Provisions Applicable to Housing for Elderly and Handicapped Persons of Low Income
Section 41 - State Financial Assistance; Housing for Elderly Persons of Low Income
Section 41a - State Financial Assistance; Housing for Handicapped Persons of Low Income
Section 42 - Rental Assistance Program; Declaration of Necessity
Section 43a - Rental Assistance Program; Relocation of Residents; Leased Housing Units
Section 44 - Rental Assistance Program; Rentals and Tenant Selection
Section 45 - Urban Renewal Programs Declaration of Necessity
Section 46 - Powers of Urban Renewal Agency
Section 47 - Urban Renewal Programs; Acquisition by Eminent Domain; Notice; Petition
Section 48 - Public Hearing; Notice; Urban Renewal Plans; Approval; Acquisition of Property
Section 49 - Sale or Lease of Property Acquired for Urban Renewal Project
Section 50 - Delegation of Power to Municipality to Plan and Undertake Urban Renewal Project
Section 51 - Redevelopment Authority Taking Over Project Initiated by Housing Authority
Section 52 - Accounts and Reports of Urban Renewal Agencies; Civil Service Rules
Section 55 - State Aid for Urban Renewal; Certification and Payment of Grants
Section 56 - State Aid for Urban Renewal; Contract to Provide Financial Assistance
Section 57 - State Aid for Urban Renewal; Advance of Funds; Amount; Payments
Section 58 - Other Urban Renewal Programs; Declaration of Necessity
Section 59 - Contracts for State Financial Assistance; Rehabilitation Projects
Section 60 - Housing Preservation and Stabilization Trust Fund