Section 59. The commonwealth, acting by and through the department, may enter into a contract or contracts with an operating agency having powers under this section for state financial assistance in the form of a guarantee by the commonwealth of notes and bonds of such agency issued to finance the acquisition and rehabilitation of dwellings within the limits of an urban renewal project area. The guarantee of the commonwealth of such notes and bonds of such agency shall be executed on each note and bond by the director of housing and community development or such associate director as he may from time to time designate. The amount of notes and bonds guaranteed by the commonwealth under this section shall not exceed twenty million dollars.
In addition to its other powers, an operating agency may plan and undertake the rehabilitation of dwellings within the limits of an urban renewal project area, and structures of mixed residential and commercial use and may acquire by purchase, deed or grant or take by eminent domain, hold, improve, rent, lease for a period not in excess of five years, with options to lessees or tenants to purchase during such five-year period, grant, sell, convey, as condominiums or otherwise, or deliver possession, of such property in accordance with such terms and conditions as it may determine, and shall have the power to make mortgage loans for the purpose of financing the rehabilitation of dwellings and structures of mixed residential and commercial use within an urban renewal project area, subject to such regulations as the department may make as to interest rates, maturity dates and other terms and conditions.
A rehabilitation project shall be any work or undertaking involving the rehabilitation of a dwelling or dwellings including structures of a mixed residential and commercial use in an urban renewal project area so as to provide decent, safe and sanitary housing; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, site preparation or improvement.
Whenever the department determines a public emergency or distress no longer exists in a particular city or town, a rehabilitation project, or a part of any such project with the land appurtenant thereto, rehabilitated or reconstructed under this section, may, at the direction of the department, be sold for the fair market value thereof, as determined by the department, but not for less than the total of the outstanding obligations of the applicable operating agency with respect to such project if the whole is sold, or not for less than that percentage of the total cost which the cost of the part sold bears to the total cost of the entire project if a part is sold. So long as any notes and bonds issued by the operating agency to finance the cost of such project and guaranteed by the commonwealth are outstanding, the proceeds of any sale of such project shall be paid by the operating agency into the Housing Authority Bonds Sinking Fund and shall be expended from time to time by the state treasurer to pay interest and principal of any notes and bonds issued by such operating agency to finance such project.
Owners of dwellings and structures of a mixed residential and commercial use rehabilitated under this section shall, during the period of five years following the completion of such rehabilitation and in any event during the period any mortgage loan made under this section to finance such rehabilitation is outstanding, and subject to such regulations as the department may establish, give preference in the selection of tenants for such dwellings, first to the individuals or families in occupancy thereof last prior to such rehabilitation and second to other residents of the city or town in which such dwellings are located; and who are able to pay rents charged other individuals or families for similar or comparable dwellings in the urban renewal project area.
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