New Hampshire Revised Statutes 203:23 – Co-operation in Undertaking Housing Projects
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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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. Chapter 231 and may increase motor vehicle permit fees as provided by N.H. Rev. Stat. § 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.
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;
Terms Used In New Hampshire Revised Statutes 203:23
- Appraisal: A determination of property value.
- Contract: A legal written agreement that becomes binding when signed.
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. Chapter 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 N.H. Rev. Stat. Chapter 231 and may increase motor vehicle permit fees as provided by N.H. Rev. Stat. § 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.