TITLE XVII
HOUSING AND REDEVELOPMENT

Chapter 203
HOUSING AUTHORITIES LAW

Section 203:1

    203:1 Short Title. – This chapter may be referred to as the "Housing Authorities Law."

Source. 1941, 222:1. RL 169:1.

Section 203:2

    203:2 Finding and Declaration of Necessity. – It is hereby declared: (a) that there exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (b) that these areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise; (c) that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (d) that it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve the acute housing shortage which now constitutes an emergency; and the necessity in the public interest for the provisions hereinafter enacted, is hereby declared as a matter of legislative determination.

Source. 1941, 222:2. RL 169:2. 1947, 169:1, eff. May 29, 1947.

Section 203:3

    203:3 Definitions. –
The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:
I. "Authority" or "housing authority" shall mean any of the public corporations created by RSA 203:4.
II. "Municipality" shall mean any city or town in this state. The "municipality" shall mean the particular municipality for which a particular housing authority is created.
III. "Governing body" shall mean in a city that governing body which is designated as such by the charter of the particular city; in a town, the town meeting.
IV. "Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city. "Mayor" shall also mean the selectmen in the case of towns.
V. "Clerk" shall mean the clerk of the municipality or the officer charged with the duties customarily imposed on such clerk.
VI. "Area of operation" of a housing authority of a municipality shall include all of the municipality for which it is created, and the area of operation of the housing authority of a city shall include the area within 6 miles of the territorial boundaries thereof. The area of operations of the housing authority of a city shall not, however, include any area which lies within the territorial boundaries of any other city, nor shall it include any portion of a town for which a housing authority has been organized, but the city housing authority may continue to operate any project which has been constructed or which is in the process of construction within the original area of its operations.
VII. "Federal government" shall include the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.
VIII. "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health or morals.
IX. "Housing project" shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
X. "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe sanitary dwellings, without overcrowding.
XI. "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.
XII. "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
XIII. "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
XIV. "Public use" means:
(a)(1) The possession, occupation, and enjoyment of real property by the general public or governmental entities;
(2) The acquisition of any interest in real property necessary to the function of a public or private utility or common carrier either through deed of sale or lease;
(3) The acquisition of real property to remove slums, as defined in RSA 203:3, VIII, structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety; and
(4) Private use that occupies an incidental area within a public use; provided, that no real property may be condemned solely for the purpose of facilitating such incidental private use.
(b) Except as provided in subparagraphs (a)(2) and (4) of this paragraph, public use shall not include the public benefits resulting from private economic development and private commercial enterprise, including increased tax revenues and increased employment opportunities.

Source. 1941, 222:3. RL 169:3. 1947, 169:2. 2006, 324:3, eff. Jan. 1, 2007.

Section 203:4

    203:4 Creation of Housing Authority. – In each municipality, as herein defined, of the state there is hereby created a public body corporate and politic to be known as the housing authority of the municipality; provided that such authority shall not transact any business or exercise its powers as hereunder until the governing body of the municipality by resolution adopted by majority vote of those present at any regular or special meeting shall have declared that there is need for an authority to function in such municipality. In towns, such resolution must be adopted by majority vote of those present and voting, by use of ballot, if at an annual meeting; and if such resolution is to be acted upon at a special meeting, the procedure for adoption shall be the same as that prescribed for the making of appropriations at special meetings as provided in RSA 31:5. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the creation of an authority and of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is need for an authority. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding.

Source. 1941, 222:4. RL 169:4. 1947, 169:3, eff. May 29, 1947.

Section 203:5

    203:5 Appointment, Qualifications and Tenure. – When the governing body of a municipality adopts a resolution as aforesaid, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint 5 persons as commissioners of the authority created for said municipality. The commissioners who are first appointed shall be designated to serve for terms of one, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 5 years except that all vacancies shall be filled for the unexpired term. Thereafter, a board of commissioners may request that the mayor appoint a sixth commissioner, who shall be a public housing resident or assisted housing participant within the programs administered by that board of commissioners. Upon receiving such request, the mayor shall appoint a sixth commissioner. Any such sixth resident commissioner shall serve for a term of 5 years with all of the powers and responsibilities of that position. No commissioner of an authority may be a paid officer or employee of the municipality for which the authority is created. A commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor shall designate which of the commissioners appointed shall be the first chairperson, who shall serve in the capacity of chairperson until the expiration of his or her term of office as commissioner. When the office of the chairperson of the authority thereafter becomes vacant, the authority shall select a chairperson from among its commissioners. An authority shall select from among its commissioners a vice-chairperson, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

Source. 1941, 222:5. RL 169:5. 1947, 169:4. 2000, 160:1, eff. July 22, 2000.

Section 203:6

    203:6 Interested Commissioners or Employees. – No commissioner or employee of an authority shall acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, nor shall he have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If any commissioner or employee of an authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner or employee shall not participate in any action by the authority affecting such property.

Source. 1941, 222:6. RL 169:6.

Section 203:7

    203:7 Removal of Commissioners. – For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor, but a commissioner shall be removed only after he shall have been given a copy of the charges at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.

Source. 1941, 222:7. RL 169:7.

Section 203:8

    203:8 Powers of Authority. –
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
I. To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
II. Within its area of operation: to prepare, carry out, acquire, lease, manage, maintain or operate housing projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any housing project of any part thereof. An authority may perform any of these listed functions singly or in combination with other functions with respect to any individual housing project, and may perform said functions full-time, part-time or in combination with other private persons, corporations or government agencies or other appropriate body.
III. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and (notwithstanding anything to the contrary contained in this chapter or in any other provisions of law) to agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and to include any contract awarded or entered into in connection with a project, stipulations requiring that the contractor and all subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions attached to the financial aid of the project.
IV. To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and (subject to the limitations contained in this chapter) to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or parts thereof issued by an authority, including the power to pay premiums on any such insurance.
V. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled.
VI. Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstructing of slum areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the municipality, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing, and to publish and disseminate information on any of its findings.
VII. Acting through one or more commissioners or other person or persons designated by the authority: to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter or material for its information; to administer oaths, 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 outside of the state or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation) 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.
VIII. To exercise all or any part or combination of powers herein granted.
No provisions of law with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
IX. To enter into agreements with municipalities for the construction of public parking facilities as provided in RSA 231, provided, however, that any such agreement shall require that the public parking facilities shall be conveyed to the municipality or its designee upon completion of the project. Any authority may construct such facilities in any area that the municipality shall authorize and shall not be limited to blighted, substandard or slum areas.

Source. 1941, 222:8. RL 169:8. 1947, 169:5. 1950, 2:1. RSA 203:8. 1969, 267:1; 493:3. 1977, 575:2, eff. Sept. 16, 1977. 2016, 21:1, eff. Apr. 25, 2016.

Section 203:9

    203:9 Operation Not for Profit. – It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the municipality. To this end an authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived) will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the authority; and (c) to create (during not less than the 6 years immediately succeeding its issuance of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve.

Source. 1941, 222:9. RL 169:9.

Section 203:10

    203:10 Rentals and Tenant Selection. –
I. In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection: (a) it may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income; (b) it may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and (c) it shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100 for each minor member of the family other than the head of the family and his spouse, in excess of 5 times the annual rental of the quarters to be furnished such person or persons; in computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to occupants of heat, water, electricity, gas, cooking fuel and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental; provided, that an authority may agree to conditions as to tenant eligibility or preferences required by the federal government pursuant to federal law in any contract for financial assistance with the authority.
II. Nothing contained in this section or in RSA 203:9 shall be construed as limiting the power of an authority, with respect to a housing project, to vest in an obligee the right, in the event of a default by the authority, to take possession thereof or cause the appointment of a receiver thereof, free from all the restrictions imposed by this section or RSA 203:9.
III. When an individual applies for Section 8 rental assistance or other public housing assistance, a housing authority shall provide the individual with application forms and information about the Link-Up New Hampshire and Lifeline Telephone Assistance programs, shall offer to assist the individual to apply for these programs, and shall provide such assistance.

Source. 1941, 222:10. RL 169:10. 1950, 2:2. 2007, 263:171, eff. July 1, 2007.

Section 203:11

    203:11 Cooperation Between Authorities. – Any local authority or authorities may join or cooperate with each other, either jointly or otherwise, in the exercise of any of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and the giving of security therefor, planning, undertaking, owning, constructing, operating or contracting with respect to a housing project or projects located within the area within which one or more of such authorities are authorized to exercise their powers. For such purpose any cooperating authority may, by resolution, prescribe and authorize any authority so joining and cooperating with it to act in its behalf in the exercise of any of such powers or the cooperating authorities may, by resolution, appoint from among the commissioners of such authorities an executive committee with full powers to act on behalf of such authorities with respect to any of their powers as prescribed by resolution of such authority.

Source. 1941, 222:11. RL 169:11. 1947, 169:6, eff. May 29, 1947.

Section 203:12

    203:12 Eminent Domain. –
I. An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in RSA 234, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the municipality, the state or any political subdivision thereof may be acquired without its consent.
I-a. Property acquired through powers of eminent domain shall be put to public use, as defined in RSA 203:3, XIV.
II. Where it appears to the satisfaction of the court at any stage of the proceedings, upon the petition of the authority, that the public interest will be prejudiced by delay, the court may, after such notice to the parties in interest as it may prescribe, which notice, however, shall not be less than 8 days and may be by posting upon the property or by publication in such paper or papers at such time as the court may require, order that the authority be permitted to enter immediately upon the real property described in the petition, or any part thereof, and to demolish any structures located thereon, and to proceed with the construction of the project thereon, upon depositing with the court a sum of money or in lieu thereof, bonds or obligations of the United States of equivalent or greater value, not less than the last assessed valuation of the property, which the court shall find to be sufficient for the protection of the persons who may be entitled to the award. Such deposit or the proceeds thereof shall be applied so far as it may be necessary for that purpose, to the payment of any award that may be made, with interest thereon, costs and expenses, and the residue, if any, shall be returned to the authority; in the event of a deficiency in the sum deposited, the authority shall pay the balance to make up the award in accordance with the judgment.

Source. 1941, 222:12. RL 169:12. 2006, 324:4, eff. Jan. 1, 2007.

Section 203:12-a

    203:12-a Vesting of Title to Property. – At the time of the entry of any order under the provisions of RSA 203:12 that the authority be permitted to enter immediately upon the real property described in the petition, or any part thereof, or at any time thereafter, the court shall, upon petition of the authority enter an order vesting title to any such property in the authority.

Source. 1961, 13:1, eff. Feb. 27, 1961.

Section 203:13

    203:13 Planning, Zoning and Building Laws. – All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.

Source. 1941, 222:13. RL 169:13.

Section 203:14

    203:14 Bonds. – An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable: (a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds; (b) exclusively from the income and revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally including a pledge of tax receipts paid to it by the municipality in which it is located pursuant to an agreement made pursuant to RSA 205:4-c or in any other lawful manner. All such bonds may be additionally secured by mortgages upon the property held or to be held by it, by a pledge of a grant of contributions from the federal government, the state, a municipality or municipalities included in its area of operations, or other source. In connection with the incurrence of any indebtedness, an authority may covenant that it shall not thereafter mortgage the whole or any specified part of its property, pledge the whole or any specified part of its revenues, or pledge the whole or any specified part of tax receipts paid to it as aforesaid. Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority (and such bonds and obligations shall so state on their face) shall not be a debt of the municipality, the state or any political subdivision thereof and neither the municipality, the state or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any debt limitation or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.

Source. 1941, 222:14. RL 169:14. RSA 203:14. 1977, 276:1, eff. Aug. 21, 1977.

Section 203:15

    203:15 Form and Sale. –
I. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such a rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.
II. The bonds may be sold at public or private sale at not less than par.
III. In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
IV. In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed in accordance with the purposes and provisions of this chapter.

Source. 1941, 222:15. RL 169:15. RSA 203:15. 1974, 4:1. 1976, 20:1. 1981, 338:1, eff. June 17, 1981.

Section 203:16

    203:16 As Legal Investment and Security for Deposits. – The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created by or pursuant to the housing authorities law and any acts amendatory or supplemental thereto or issued by any public housing authority or agency in the United States, when such bonds or any other obligations are secured by a pledge of annual contributions to be paid by any state government or the United States government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this section shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities. The provisions of this section shall apply notwithstanding any restrictions on investments contained in other laws.

Source. 1947, 169:10, eff. May 29, 1947.

Section 203:17

    203:17 Provisions of Bonds, Trust Indentures, and Mortgages. –
In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:
I. To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
II. To mortgage all or any part of its real or personal property, then owned or thereafter acquired.
III. To covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it.
IV. To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof.
V. To covenant (subject to the limitations contained in this chapter) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds.
VI. To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.
VII. To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property; the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys.
VIII. To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
IX. To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession and use, operate and manage any housing project or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.
X. To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein.

Source. 1941, 222:16. RL 169:16.

Section 203:18

    203:18 Remedies of an Obligee of Authority. –
An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
I. By mandamus, suit, action or proceeding at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this chapter.
II. By suit, action or proceeding, in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said authority.

Source. 1941, 222:17. RL 169:17.

Section 203:19

    203:19 Additional Remedies Conferrable by Authority. –
An authority shall have power by its resolution, trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
I. To cause possession of any housing project or any part thereof to be surrendered to any such obligee.
II. To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.
III. To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.

Source. 1941, 222:18. RL 169:18.

Section 203:20

    203:20 Exemption of Property from Execution Sale. – All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provision of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority or its rents, fees or revenues.

Source. 1941, 222:19. RL 169:19.

Section 203:21

    203:21 Aid from Federal or State Government. – In addition to the powers conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal or state government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal or state government, and to these ends comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable. Any such authority in any contract for annual contributions with the federal government, may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government the project to which such contract relates, upon the occurrence of a substantial default with respect to the covenants or conditions to which such authority is subject; such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contracts; provided, that the contract shall require that, as soon as practicable after the federal government is satisfied that all defaults by reason of which it shall have acquired 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 such authority the project as then constituted. It is the purpose and intent of this chapter to authorize every authority to do any and all things necessary or desirable to secure the financial aid or co-operation of the federal or state government in the undertaking, construction, maintenance or operation of any housing project by such authority.

Source. 1941, 222:20. RL 169:20. 1947, 169:7, eff. May 29, 1947.

Section 203:22

    203:22 Tax Exemption and Payments in Lieu of Taxes. – The property of an authority is declared to be public property used for essential public and governmental purposes and such property and an authority shall be exempt from all taxes and special assessments of the state or any political subdivision thereof; provided, however, that in lieu of such taxes an authority may agree to make such payments to the state or any political subdivision thereof as the authority finds consistent with the maintenance of the low-rent character of the housing projects or the achievement of the purpose of the housing authorities law.

Source. 1941, 222:21. RL 169:21. 1947, 169:8, eff. May 29, 1947.

Section 203:23

    203:23 Co-operation in Undertaking Housing Projects. –
For the purpose of aiding and co-operating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any municipality may upon such terms, with or without consideration, as it may determine:
I. Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to a housing authority or the federal government;
II. Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;
III. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
IV. Plan or replan, zone or rezone any part of such municipality; make exceptions from its building regulations and ordinances; and may change its map;
V. Cause services to be furnished to the housing authority of the character which such municipality is otherwise empowered to furnish;
VI. Enter into agreements with respect to the exercise by such municipality of its powers relating to the repair, elimination or closing of unsafe, insanitary or unfit dwellings;
VII. Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such municipality, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds of a housing authority; and exercise all the rights of any holder of such bonds;
VIII. Do any and all things, necessary or convenient to aid and co-operate in the planning, undertaking, construction or operation of such housing projects;
IX. Incur the entire expense of any public improvements made by such municipality in exercising the powers granted in this chapter;
X. Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority respecting action to be taken by such municipality pursuant to any of the powers granted by this chapter. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of, and may be enforced by, such public body or governmental agency. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a municipality without appraisal, public notice, advertisement or public bidding; and
XI. With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no municipality shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
XII. Any municipality may issue and sell its general obligation bonds or notes to raise funds to be donated to a housing authority or used in the exercise of any of the other powers granted to the municipality under the provisions of RSA 203 and RSA 205, providing that any debt incurred as a result of the sale of such bonds or notes, by a municipality which has a population of more than 20,000 as of the last published federal census preceding such sale, shall be a debt outside of the statutory debt limit of the municipality and shall at no time be included in the net indebtedness of such municipality for the purpose of ascertaining its borrowing capacity.
XIII. Any municipality may agree to bear any loss incurred as a result of the acquisition of real property which is later not used for redevelopment purposes because a redevelopment plan for a redevelopment project including such real property is not approved by the governing body (or agency designated by it or empowered by law so to act) or is amended to omit such real property or is abandoned for any reason and funds to meet any such loss may be provided as set forth in paragraph XII hereof and as provided in RSA 203:25.
XIV. Enter into agreements with a housing authority to exempt from all taxes and special assessments all or part of any housing project provided under contracts with owners or operators of any real property during the period such housing project or any part thereof is made available for families of low income as provided in RSA 203:8, II and even though a housing authority does not become the owner of any such real property as a result of any such contract or contracts. Real property so made available, is declared to be used for essential public and governmental purposes and such real property shall be exempt from all taxes and special assessments of the state or any political subdivision for the period so made available; provided that, in lieu of such taxes, an authority may require that the owners or operators of any such real property shall make such payments to the state or any political subdivision as the authority finds consistent with the maintenance of the low-rent character of the housing projects or the achievement of the purpose of the housing authorities law. On or before March 1 of each year, the authority shall furnish to the municipality a certificate setting forth the real property to be exempt from all taxes and special assessments as provided herein during the ensuing tax year. This paragraph shall apply only to municipalities which have a population of more than 60,000 as of the last published Federal census at the time of the approval of any such exemption.
XV. Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority for the construction of public parking facilities as provided in RSA 231; provided, however, that any such agreement shall require that the public parking facilities shall be conveyed to the municipality or its designee upon completion of the project. Any authority may construct such facilities in any area that the municipality shall authorize and shall not be limited to blighted, substandard or slum areas. Any municipality may issue and sell its general obligation bonds or notes as provided by RSA 231 to raise funds to be granted to a housing authority for the purposes of carrying out such agreements. Municipalities may make assessments as provided by RSA 231 and may increase motor vehicle permit fees as provided by RSA 261:154 in order to pay the cost of construction of a public parking facility including payment of indebtedness incurred by the issuance of such bonds or notes. Any such indebtedness shall be included in the net indebtedness of the municipality for the purpose of ascertaining its borrowing capacity only to the extent and under the conditions provided in RSA 231.

Source. 1941, 222:22. RL 169:22. 1950, 2:3. RSA 203:23. 1961, 39:1. 1965, 109:2. 1969, 266:1; 267:2; 493:4. 1990, 220:2, eff. June 26, 1990. 2016, 21:2, eff. Apr. 25, 2016.

Section 203:24

    203:24 Agreements as to Payments by Housing Authority. – In connection with any housing project located wholly or partly within the area in which it is authorized to act, any municipality or taxing power thereof may agree with a housing authority or the federal government that a certain sum or that no sum shall be paid by the authority in lieu of taxes for any year or period of years.

Source. 1941, 222:23. RL 169:23. 1947, 169:9, eff. May 29, 1947.

Section 203:25

    203:25 Advances to Housing Authority. – Any municipality in which a housing authority has been created shall have the power from time to time to lend or donate money to such authority or to agree to take such action. Such housing authority, when it has money available therefor, shall make reimbursements for all such loans made to it.

Source. 1941, 222:24. RL 169:24.

Section 203:26

    203:26 Procedure for Exercising Powers. – The exercise by a municipality of the powers herein granted may be authorized by resolution of the governing body of such municipality adopted by a majority of the members of its governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted.

Source. 1941, 222:25. RL 169:25.

Section 203:27

    203:27 Reports. – At least 30 days prior to the annual public hearing on the municipality's budget, an authority shall file with the clerk a financial report for the authority's last fiscal year, provided that such fiscal year shall end at least 90 days prior to the public hearing. Such report shall contain an estimate of the payment to be made by the municipality for the ensuing year.

Source. 1941, 222:26. RL 169:26. RSA 203:27. 1971, 80:1, eff. June 30, 1971.