Massachusetts General Laws
Chapter 121b - Housing and Urban Renewal
Section 45 - Urban Renewal Programs Declaration of Necessity

Section 45. It is hereby declared that substandard, decadent or blighted open areas exist in certain cities and towns in this commonwealth; that each constitutes a serious and growing menace, injurious and inimical to the safety, health, morals and welfare of the residents of the commonwealth; that each contributes substantially to the spread of disease and crime, necessitating excessive and disproportionate expenditure of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment and the treatment of juvenile delinquency and for the maintenance of adequate police, fire and accident protection and other public services and facilities; that each constitutes an economic and social liability, substantially impairs or arrests the sound growth of cities and towns, and retards the provision of housing accommodation; that each decreases the value of private investments and threatens the sources of public revenue and the financial stability of communities; that because of the economic and social interdependence of different communities and of different areas within single communities, the redevelopment of land in decadent, substandard and blighted open areas in accordance with a comprehensive plan to promote the sound growth of the community is necessary in order to achieve permanent and comprehensive elimination of existing slums and substandard conditions and to prevent the recurrence of such slums or conditions or their development in other parts of the community or in other communities; that the redevelopment of blighted open areas promotes the clearance of decadent or substandard areas and prevents their creation and occurrence; that the menace of such decadent, substandard or blighted open areas is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided; that the acquisition of property for the purpose of eliminating decadent, substandard or blighted open conditions thereon and preventing recurrence of such conditions in the area, the removal of structures and improvement of sites, the disposition of the property for redevelopment incidental to the foregoing, the exercise of powers by urban renewal agencies and any assistance which may be given by cities and towns or any other public bodies in connection therewith are public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the acquisition, planning, clearance, conservation, rehabilitation or rebuilding of such decadent, substandard and blighted open areas for residential, governmental, recreational, educational, hospital, business, commercial, industrial or other purposes, including the provision of streets, parks, recreational areas and other open spaces, are public uses and benefits for which private property may be acquired by eminent domain or regulated by wholesome and reasonable orders, laws and directions and for which public funds may be expended for the good and welfare of this commonwealth.
It is further declared that while certain of such decadent, substandard and blighted open areas, or portions thereof, may require acquisition and clearance because the state of deterioration may make impracticable the reclamation of such areas or portions by conservation and rehabilitation, other of such areas, or portions thereof, are in such condition that they may be conserved and rehabilitated in such a manner that the conditions and evils enumerated above may be alleviated or eliminated; and that all powers relating to conservation and rehabilitation conferred by this chapter are for public uses and purposes for which public money may be expended and said powers exercised.
The necessity in the public interest for the provisions of this chapter relating to urban renewal projects is hereby declared as a matter of legislative determination.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVII - Public Welfare

Chapter 121b - Housing and Urban Renewal

Section 1 - Definitions

Section 2 - Severability

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 5b - Comprehensive Training Program for Members of a Housing or Redevelopment Authority; Technical Assistance Training for Tenant Members

Section 6 - Housing and Redevelopment Authorities; Charges Against Members; Hearing; Removal; Resignation; Suspension

Section 7 - Officers and Executive Director of Housing and Redevelopment Authorities; Compensation of Members

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 13 - Operating Agencies; Contract and Tort Liability; Member's Personal Liability; Relocation of Utility Facilities

Section 14 - Operating Agencies; Federal Loans; Conveyance Upon Default

Section 15 - Operating Agencies; Bonds, Notes, Certificates; Negotiable Instruments

Section 16 - Exemption From Taxation for Real Estate and Tangible Personal Property of Operating Agency; Revaluation or Reassessment of Real Property; Payments in Lieu of Taxes

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 19 - Initial Costs and Annual Operating Expenses of Operating Agencies; Appropriations and Payment by City

Section 20 - Development, Acquisition and Operating Costs; Relocation Payments; Losses; Appropriation and Payment by City

Section 21 - Indebtedness Limitation

Section 23 - Municipal Powers

Section 24 - Agreement to Bear Acquisition Loss

Section 25 - Housing Programs; Statement of Emergency

Section 26 - Powers of a Housing Authority

Section 26a - Powers of Department in City Without Housing Authority; Financing of Projects; Bonds and Notes; Issuance and Sale; Approval of City or Town

Section 26b - Performance-Based Monitoring Program; Assessment Standards

Section 26c - Best Practices Program for Allowing Authorities to Work Collaboratively; Provisions of Program; Capital Assistance Team; Director; Members

Section 26d - Names and Contact Information of All Members and Senior Staff to Be Posted on Wall of Community Center and on Website

Section 27 - Rural Housing Authority; Additional Powers

Section 28 - Application of Laws, Ordinances, and Regulations of Cities or Towns Relating to Buildings, Planning, Zoning and Public Health

Section 28a - Annual Plan; Availability to Public for Review and Comment

Section 29 - Accounts and Reports of Housing Authorities; Review of Financial Records; Availability to Public; Audit; Investigations by Department; Rules and Regulations of Department

Section 30 - Contract With Federal Government; Acquiring Federally Owned Project

Section 31 - Submission of Plans for Low-Rent Housing Project to Department; Application; Hearing; Disposition

Section 32 - Maintenance and Operation of Project; Rentals; Tenant Selection; Eligibility for Continued Occupancy; Hearings; Waiver

Section 32a - Parking Areas; Rules and Regulations; Towing

Section 32b - Definitions

Section 32c - Unlawful Conduct by Tenant, Members or Non-Members of Tenant Household; Civil Action by Landlord for Injunctive or Other Equitable Relief

Section 32d - Actions by Tenants or Tenants' Organizations

Section 32e - Jurisdiction Over Civil Actions; Appellate Review

Section 32f - Restraining Orders and Injunctions; Form; Service; Enforcement; Violations; Effect; Modification and Vacation

Section 32g - Temporary Absences From Commonwealth; Presumption of Abandonment of Residency and Eligibility for Assistance

Section 33 - Equivalent Elimination of Substandard Dwelling Units

Section 34 - State and Federal Financial Assistance; General Provisions

Section 34a - Contracts for State Financial Assistance on Leased Mhfa Projects to Provide Replacement or Relocation Housing; Annual Contributions; Limitations

Section 34b - Commonwealth Guaranteed Temporary Notes; Authorization and Execution; Sale and Refunding Limitations; Terms

Section 35 - Contracts for Supplementary State Financial Assistance

Section 36 - Receipt of Loans and Grants From Federal Sources or From Other Sources

Section 37 - Commonwealth Grants; Guarantee of Temporary Notes; Sale, Maintenance, and Operation of Relocation Projects; Limitations on Eminent Domain

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 38d - Regional Public Housing Innovation Program; Goals; Application for Participation in Program; Funds; Powers and Projects

Section 39 - Power to Provide Housing for Elderly and Handicapped Persons of Low Income; Priorities in Placement

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 43 - Contracts to Rent, Lease or Provide Financial Assistance to Housing Units by Housing Authorities

Section 43a - Rental Assistance Program; Relocation of Residents; Leased Housing Units

Section 44 - Rental Assistance Program; Rentals and Tenant Selection

Section 44a - Leasing of Housing Units in Mhfa Projects for Replacement or Relocation Housing Authorized

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 53 - Application for Urban Renewal Assistance Grant or Urban Revitalization and Development Grant

Section 54 - State Aid for Urban Renewal; Determination of Compliance and Final Approved Cost; Notice

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