2013 -- H 5981

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LC02346

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES - CITY HOUSING AUTHORITIES

     Introduced By: Representatives Baldelli-Hunt, Silva, Costantino, Abney, and Phillips

     Date Introduced: April 11, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-25-15 of the General Laws in Chapter 45-25 entitled "City

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Housing Authorities" is hereby amended to read as follows:

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     45-25-15. Powers of authority enumerated. -- (a) An authority constitutes a public

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body and a body corporate and politic, exercising public powers, and has all the powers necessary

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or convenient to carry out and effectuate the purposes and provisions of chapters 25 -- 27 of this

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title, including the following powers in addition to others granted in this chapter:

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      (1) To investigate into living, dwelling, and housing conditions and into the means and

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methods of improving these conditions;

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      (2) To determine where unsafe, or unsanitary dwelling or housing conditions exist;

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      (3) To study and make recommendations concerning the plan of any city or municipality

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located within its boundaries in relation to the problem of clearing, replanning, and reconstruction

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of areas in which unsafe, or unsanitary dwelling or housing conditions exist, and the providing of

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dwelling accommodations for persons of low income, and to cooperate with any city, municipal

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or regional planning agency;

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      (4) To prepare, carry out, and operate housing projects;

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      (5) To provide for the construction, reconstruction, improvement, alteration, or repair of

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any housing project or any part of it;

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      (6) To take over by purchase, lease, or otherwise, any housing project located within its

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boundaries undertaken by any government, or by any city or municipality located in whole or in

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part within its boundaries;

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      (7) To manage as agent of any city or municipality any housing project located in whole

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or in part within its boundaries;

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      (8) To act as agent for the federal government in connection with the acquisition,

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construction, operation, and/or management of a housing project or any part of it;

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      (9) To arrange with any city or municipality located in whole or in part within its

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boundaries or with a government for the furnishing, planning, replanning, installing, opening or

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closing of streets, roads, roadways, alleys, sidewalks, or other places or facilities or for the

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acquisition by the city, municipality, or, a government of property, options, or property rights, or

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for the furnishing of property or services in connection with a project;

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      (10) To arrange with the state, its subdivisions and agencies, and any county, city, town,

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or municipality of the state, to the extent that it is within the scope of each of their respective

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functions, (i) to cause the services customarily provided by each of them to be rendered for the

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benefit of the housing authority and/or the occupants of any housing projects, (ii) to provide and

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maintain parks and sewage, water, and other facilities adjacent to or in connection with housing

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projects, and (iii) to change the city or municipality map, to plan, replan, zone, or rezone any part

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of the city or municipality;

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      (11) To lease or rent any of the dwelling or other accommodations or any of the lands,

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buildings, structures, or facilities embraced in any housing project and to establish and revise the

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rents or charges for the project; to enter upon any building or property in order to conduct

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investigations or to make surveys or soundings;

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      (12) To purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or

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otherwise any property real or personal or any interest therein from any person, firm, corporation,

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city, municipality, or government;

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      (13) To acquire any real property, including improvements and fixtures to this property;

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to sell, exchange, transfer, assign, or pledge any property real or personal or any interest to this

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property to any person, firm, corporation, municipality, city, or government;

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      (14) To own, hold, clear, and improve property;

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      (15) To insure or provide for the insurance of the property or operations of the authority

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against risks as the authority may deem advisable;

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      (16) To procure insurance or guaranties from the federal government of the payment of

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any debts or parts of debts secured by mortgages made or held by the authority on any property

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included in any housing project;

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      (17) To borrow money upon its bonds, notes, debentures, or other evidences of

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indebtedness, and to secure them by pledges of its revenues, and (subject to the limitations

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imposed by this section) by mortgages upon property held or to be held by it, or in any other

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manner;

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      (18) In connection with any loan, to agree to limitations upon its right to dispose of any

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housing project or part of a project or to undertake additional housing projects;

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      (19) In connection with any loan by a government, to agree to limitations upon the

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exercise of any powers conferred upon the authority by this chapter;

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      (20) To invest any funds held in reserves or sinking funds, or any funds not required for

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immediate disbursements, in property or securities in which savings banks may legally invest

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funds subject to their control; to sue and be sued;

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      (21) To have a seal and to alter that seal at pleasure; to have perpetual succession;

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      (22) To make and execute contracts and other instruments necessary or convenient to the

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exercise of the powers of the authority;

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      (23) To make and, from time to time, amend and repeal bylaws, rules, and regulations

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not inconsistent with this chapter, and to carry into effect the powers and purposes of the

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authority;

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      (24) To conduct examinations and investigations, and to hear testimony and take proof

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under oath at public or private hearings on any matter material for its information;

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      (25) To issue subpoenas requiring the attendance of witnesses or the production of books

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and papers and to issue commissions for the examination of witnesses who are out of the state or

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unable to attend before the authority, or excused from attendance; and

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      (26) To make available to those agencies, boards or commissions as are charged with the

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duty of abating or requiring the correction of nuisances or like conditions, or of demolishing

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unsafe or unsanitary structures within its territorial limits, its findings and recommendations with

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regard to any building or property where conditions exist which are dangerous to the public

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health, morals, safety, or welfare.

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     (27) To request and receive from the various state and federal departments and agencies

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income information relating to unemployment compensation, child support, alimony,

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supplemental nutritional assistance and public welfare payments to be held in strict

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confidentiality by the authority and shared as part of the process established with the federal

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department of housing and urban development's earned income information system in

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cooperation with other federal and state agencies for the purpose of determining the current

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income of any applicant regarding rental calculations.

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     (b) Any of the investigations or examinations provided for in this chapter may be

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conducted by the authority or by a committee appointed by it, consisting of one or more

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commissioners, or by counsel, or by an officer or employee specially authorized by the authority,

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to conduct it. Any commissioner, counsel for the authority, or any person designated by it to

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conduct an investigation or examination has power to administer oaths, take affidavits, and issue

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subpoenas or commissions. An authority may exercise any or all the powers conferred upon it,

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either generally or with respect to any specific housing project or projects, through or by an agent

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or agents which it may designate, including any corporation or corporations which are or shall be

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formed under the laws of this state, and, for these purposes, an authority may cause one or more

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corporations to be formed under the laws of this state or may acquire the capital stock of any

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corporation or corporations. Any corporate agent, all of the stock of which is owned by the

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authority or its nominee or nominees, may, to the extent permitted by law exercise any of the

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powers conferred upon the authority. In addition to all of the other powers conferred upon it, an

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authority may do all things necessary and convenient to carry out the powers expressly given in

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chapters 25 and 27 of this title. No provisions with respect to the acquisition, operation, or

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disposition of property by other public bodies are applicable to an authority unless stated

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specifically by the legislature.

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     SECTION 2. This act shall take effect upon passage.

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LC02346

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - CITY HOUSING AUTHORITIES

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     This act would empower a public housing authority to request and receive from the

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various state departments and agencies income information relating to unemployment

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compensation, child support, supplemental nutritional assistance and public welfare for the

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purpose of accurately calculating the rental rate for applicants requesting public housing.

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     This act would take effect upon passage.

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LC02346

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