36-55.39 - Procedure prior to financing of housing developments undertaken by housing sponsors.
§ 36-55.39. Procedure prior to financing of housing developments undertakenby housing sponsors.
A. Notwithstanding any other provision of this chapter, HDA is not empoweredto finance any housing development undertaken by a housing sponsor pursuantto §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of this chapter unless, prior tothe financing of any housing development hereunder, the commissioners or theexecutive director of HDA find:
1. That there exists a shortage of decent, safe and sanitary housing atrentals or prices which persons and families of low income or moderate incomecan afford within the general housing market area to be served by theproposed housing development.
2. That private enterprise and investment have been unable, withoutassistance, to provide the needed decent, safe and sanitary housing atrentals or prices which persons or families of low and moderate income canafford or to provide sufficient mortgage financing for residential housingfor occupancy by such persons or families.
3. That the housing sponsor or sponsors undertaking the proposed housingdevelopment in the Commonwealth will supply well-planned, well-designedhousing for persons or families of low and moderate income and, in the caseof an economically mixed project, other persons and families and that suchsponsors are financially responsible.
4. That the housing development, to be assisted pursuant to the provisions ofthis chapter, will be of public use and will provide a public benefit.
5. That the housing development will be undertaken within the authorityconferred by this chapter upon HDA and the housing sponsor or sponsors.
B. The locality, upon written request from the housing sponsor, shall providea written staff determination that the proposed development is consistentwith current zoning and other land use regulations in effect at the time ofsuch request. Failure of the locality to comply with this subsection within30 days of the receipt of the written request from the housing sponsor shallbe deemed to be a determination that the proposed development is consistentwith current zoning and other land use regulations. Prior to financing by theHDA, the housing sponsor shall provide the HDA with (i) a copy of the writtenstaff determination received from the locality, (ii) a written certificationthat the locality failed to respond to the housing sponsor's request within30 days as provided herein, or (iii) a copy of any building permit issued bythe locality.
(1972, c. 830; 1975, c. 536; 1978, c. 297; 1982, c. 175; 1990, c. 461; 1995,c. 215; 1996, c. 560; 1997, c. 684; 2004, c. 187.)