Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 705 of the acts of 1975 is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. All salaried employees, appointed by, through, or under any community development authority or board which has been abolished by this act are hereby transferred to and made employees of the department of planning and development except employees of the housing authority of the city whose employment is governed in accordance with section eleven B.

SECTION 2. Section 5 of said chapter 705 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The director as sole member of the community development authority shall not receive additional compensation and the community development authority need not elect officers. So far as practical, the community development authority shall make use of the services of the department for staff and administrative functions and the department may charge the community development authority for such services an amount agreed to by the department and the community development authority with the approval of the mayor. The community development authority shall have and exercise independent authority to develop housing programs for families, elderly, and handicapped residents, which programs shall be limited to projects involving public and private ventures, housing for moderate income families, congregate housing for the elderly, and community residences for the handicapped. Nothing in this section shall be construed as to prevent the housing authority from undertaking similar projects. If both the community development authority and the housing authority desire to develop the same project, the housing authority shall be given first preference.

SECTION 3. Section 10 of said chapter 705 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

It is hereby declared to be the legislative intent that all rights and powers, given to redevelopment authorities under the provisions of any laws which do not conflict with specific provisions of this act, shall be given to the community development authority of the city.

SECTION 4. Section 11 of said chapter 705 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Except as provided in sections eleven C to eleven E, inclusive, all other contractual obligations and rights of the housing authority of the city and all real property, furniture, fixtures, supplies and equipment of the housing authority shall remain assigned, transferred and delivered to the community development authority of the city and all indebtedness of the housing authority unrelated to its functions as established herein shall be assumed by the community development authority of the city.

SECTION 5. Section 11A of said chapter 705, as appearing in section 6 of chapter 479 of the acts of 1982, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be established a Newton Housing Authority called the housing authority capable of executing all powers and functions of a housing authority under chapter one hundred and twenty-one B of the General Laws.

SECTION 6. Said chapter 705 is hereby further amended by striking out sections 11C and 11D and inserting in place thereof the following five sections:-

Section 11C. The housing authority shall assume all powers, duties and functions of a housing authority under chapter one hundred and twenty-one B of the General Laws. In addition to such powers the housing authority shall administer and implement the provisions of Section 30-24(d) (5) of the zoning ordinance of the city of Newton or any successor ordinance from the time of final vote of the Newton board of aldermen of the city approving the special permit.

Section 11D. All contractual obligations of the department shall be assumed by the housing authority. All real property, furniture relating to programs and projects, fixtures and supplies and equipment for use at programs and projects which are in the possession of or at the disposal of the said community development authority at the time this act takes effect, shall be transferred to the housing authority. All projects currently being developed and to be developed by the community development authority shall be owned by the housing authority.

Section 11E. The housing authority may, in its discretion, utilize the department for site selection and acquisition, site engineering, land use and zoning analysis, permitting, funding assistance, financial analysis, design and architect selection and development of specifications and working drawings. The housing authority shall exercise independent authority to oversee and manage all phases of construction of housing programs developed by the community development authority from the date of construction contract award, subject to its powers and authority under chapter one hundred and twenty-one B of the General Laws.

Section 11F. The housing authority and the community development authority shall participate jointly in final design and architect selection for projects of the community development authority. In the event either the housing authority or the community development authority declines in writing to pursue development of a housing program for which it has primary responsibility, the other may upon timely notice to the executive director of the housing authority and the chairman of the community development authority by certified mail, elect to develop that program.

Section 11G. The housing authority and the community development authority by agreement, or the board of aldermen by ordinance, may establish appropriate mechanisms including but not limited to a housing coordinating council, to coordinate applications for and distribution of housing development funds and to resolve any disputes between the authorities concerning any matters within their respective housing development programs.