TITLE XVII
HOUSING AND REDEVELOPMENT
Chapter 204-D
SURPLUS LANDS HOUSING PROGRAM
Section 204-D:1
204-D:1 Definitions. –
As used in this chapter:
I. "Authority" means the New Hampshire housing finance authority established under RSA 204-C.
II. "Committee" means the long range capital planning and utilization committee established under RSA 17-M.
III. "Persons of low income" means individuals or families whose gross annual income is equal to 80 percent or less of the median income of the geographic area in which they reside as determined by the authority.
IV. "Persons of moderate income" means individuals or families whose gross annual income is equal to 120 percent or less of the median income of the geographic area in which they reside as determined by the authority.
V. "State owned property" means real property owned by the state of New Hampshire and under the jurisdiction of any department, agency, or institution of state government.
Source. 1988, 250:2, eff. April 30, 1988.
Section 204-D:2
204-D:2 Transfer of Property. –
The provisions of RSA 4:40 notwithstanding, the governor and council may transfer surplus state owned property to the authority for use as sites for low and moderate income housing. Transfer of property for this purpose shall occur under the following procedure:
I. The authority shall petition the head of any department having jurisdiction over property the authority determines to be suitable for use as housing sites to declare such property surplus.
II. The department head shall notify the authority and the committee in writing whether or not the department considers the property surplus.
III. If the department considers the property surplus, the committee shall review the property to determine if it is suitable for uses permitted by this chapter.
IV. If the committee determines that the property is suitable for such uses, the authority shall request that the governor and council transfer the property, without consideration, to the authority.
Source. 1988, 250:2, eff. April 30, 1988.
Section 204-D:3
204-D:3 Highway Fund. –
I. Surplus property held by the department of transportation which was acquired with highway fund moneys shall be transferred to the authority under the procedures set out in RSA 204-D:2, provided, however, that the authority shall compensate the department for such land in an amount acceptable to the department and the authority. Such amount shall not exceed the original expenditure for the property from the highway fund.
II. Surplus property held by the department of transportation which was acquired, in whole or in part, with federal or turnpike funds shall be transferred to the authority for the minimum compensation required by federal law or controlling turnpike revenue bond resolution.
Source. 1988, 250:2, eff. April 30, 1988.
Section 204-D:4
204-D:4 Housing Construction. –
I. The authority may construct multi-family or single family housing on property transferred under this chapter.
II. The authority shall, where reasonably possible given regulatory, economic, and geographic factors, give preference to the construction of multi-family rental housing units on property transferred under this chapter.
III. At least 50 percent of the rental housing units constructed on property transferred under this program shall be designed for occupancy by low income persons.
IV. All single family units constructed under this chapter shall be designed for occupancy by persons of low or moderate income.
V. The authority may sell or otherwise transfer land transferred to the authority pursuant to this chapter upon which affordable housing has been constructed only if the authority has established controls to ensure that the housing shall remain affordable to persons of low or moderate income for a period of at least 30 years after such sale or transfer. The authority may sell or otherwise transfer undeveloped land transferred to the authority under this chapter if the purchaser or transferee enters into an agreement with the authority that the property will be used substantially for affordable housing purposes. If any property so sold or transferred ceases to be used for such purposes, ownership and or control of the property shall revert to the authority. Without an assurance that the property will be used substantially for affordable housing purposes, the authority may sell or otherwise transfer undeveloped land transferred to the authority under this chapter only after receiving approval from the long range capital planning and utilization committee, with advice from the council on resources and development established in RSA 162-C and final approval by the governor and council. The authority may lease land which is transferred to the authority under this chapter.
Source. 1988, 250:2. 1998, 228:1. 2006, 307:5, eff. July 1, 2006. 2014, 323:6, eff. Sept. 30, 2014.
Section 204-D:5
204-D:5 Limitation on Resale Value. –
The authority shall provide for the continued affordability of housing units constructed on state land transferred under this chapter by contracting with the developer or individual mortgagor of such units pursuant to rules adopted under RSA 204-D:6.
Source. 1988, 250:2, eff. April 30, 1988.
Section 204-D:6
204-D:6 Rulemaking. –
The authority shall adopt rules under RSA 204-C:53 relative to:
I. Eligibility requirements for access to housing units constructed under this chapter.
II. Application procedures.
III. Requirements related to occupancy, resale, and continued affordability of housing units constructed under this chapter.
IV. Such other matters necessary for the proper administration of this chapter.
Source. 1988, 250:2, eff. April 30, 1988.
Section 204-D:7
204-D:7 Coordination with Other Programs. –
The authority shall establish procedures to ensure that the housing construction program established under this chapter shall be coordinated with other housing assistance programs administered by the authority.
Source. 1988, 250:2, eff. April 30, 1988.