A. For the sole purpose of empowering the HDA to provide financing inaccordance with this chapter, the governing body of any city or county may byresolution designate an area within such city or county as a revitalizationarea if such governing body shall in such resolution make the followingdeterminations with respect to such area: (i) either (a) the area isblighted, deteriorated, deteriorating or, if not rehabilitated, likely todeteriorate by reason that the buildings, improvements or other facilities insuch area are subject to one or more of the following conditions:dilapidation; obsolescence; overcrowding; inadequate ventilation, light orsanitation; excessive land coverage; deleterious land use; or faulty orinadequate design, quality or condition; or (b) the industrial, commercial orother economic development of such area will benefit the city or county butsuch area lacks the housing needed to induce manufacturing, industrial,commercial, governmental, educational, entertainment, community development,healthcare or nonprofit enterprises or undertakings to locate or remain insuch area; and (ii) private enterprise and investment are not reasonablyexpected, without assistance, to produce the construction or rehabilitationof decent, safe and sanitary housing and supporting facilities that will meetthe needs of low and moderate income persons and families in such area andwill induce other persons and families to live within such area and therebycreate a desirable economic mix of residents in such area. Any redevelopmentarea, conservation area, or rehabilitation area created or designated by thecity or county pursuant to Chapter 1 (§ 36-1 et seq.) of this title, anycensus tract in which 70 percent or more of the families have incomes whichare 80 percent or less of the statewide median income as determined by thefederal government pursuant to Section 143 of the United States InternalRevenue Code or any successor code provision on the basis of the most recentdecennial census for which data are available, and any census tract which isdesignated by the United States Department of Housing and Urban Developmentand, for the most recent year for which census data are available onhousehold income in such tract, either in which 50 percent or more of thehouseholds have an income which is less than 60 percent of the area mediangross income for such year or which has a poverty rate of at least 25 percentshall be deemed to be designated as a revitalization area without adoption ofthe above described resolution of the city or county. In any revitalizationarea, the HDA may provide financing for one or more economically mixedprojects and, in conjunction therewith, any nonhousing buildings that areincidental to such project or projects or are determined by the governingbody of the city or county to be necessary or appropriate for therevitalization of such area or for the industrial, commercial or othereconomic development thereof.
B. The HDA may finance an economically mixed project that is not within arevitalization area if the governing body of the city or county in which suchproject is or will be located shall by resolution determine (i) either (a)that the ability to provide residential housing and supporting facilitiesthat serve persons or families of lower or moderate income will be enhancedif a portion of the units therein are occupied or held available foroccupancy by persons and families who are not of low and moderate income or(b) that the surrounding area of such project is, or is expected in thefuture to be, inhabited predominantly by lower income persons and familiesand will benefit from an economic mix of residents in such project and (ii)private enterprise and investment are not reasonably expected, withoutassistance, to produce the construction or rehabilitation of decent, safe andsanitary housing and supporting facilities that will meet the needs of lowand moderate income persons and families in such area and will induce otherpersons and families to live within such area and thereby create a desirableeconomic mix of residents in such area.
C. In any economically mixed project financed under this section, thepercentage of units occupied or held available for occupancy by persons andfamilies who are not of low and moderate income, as determined as of the dateof their initial occupancy of such units, shall not exceed 80 percent.
(1979, c. 374; 1996, cc. 77, 498; 2004, c. 187; 2006, c. 784.)
A. For the sole purpose of empowering the HDA to provide financing inaccordance with this chapter, the governing body of any city or county may byresolution designate an area within such city or county as a revitalizationarea if such governing body shall in such resolution make the followingdeterminations with respect to such area: (i) either (a) the area isblighted, deteriorated, deteriorating or, if not rehabilitated, likely todeteriorate by reason that the buildings, improvements or other facilities insuch area are subject to one or more of the following conditions:dilapidation; obsolescence; overcrowding; inadequate ventilation, light orsanitation; excessive land coverage; deleterious land use; or faulty orinadequate design, quality or condition; or (b) the industrial, commercial orother economic development of such area will benefit the city or county butsuch area lacks the housing needed to induce manufacturing, industrial,commercial, governmental, educational, entertainment, community development,healthcare or nonprofit enterprises or undertakings to locate or remain insuch area; and (ii) private enterprise and investment are not reasonablyexpected, without assistance, to produce the construction or rehabilitationof decent, safe and sanitary housing and supporting facilities that will meetthe needs of low and moderate income persons and families in such area andwill induce other persons and families to live within such area and therebycreate a desirable economic mix of residents in such area. Any redevelopmentarea, conservation area, or rehabilitation area created or designated by thecity or county pursuant to Chapter 1 (§ 36-1 et seq.) of this title, anycensus tract in which 70 percent or more of the families have incomes whichare 80 percent or less of the statewide median income as determined by thefederal government pursuant to Section 143 of the United States InternalRevenue Code or any successor code provision on the basis of the most recentdecennial census for which data are available, and any census tract which isdesignated by the United States Department of Housing and Urban Developmentand, for the most recent year for which census data are available onhousehold income in such tract, either in which 50 percent or more of thehouseholds have an income which is less than 60 percent of the area mediangross income for such year or which has a poverty rate of at least 25 percentshall be deemed to be designated as a revitalization area without adoption ofthe above described resolution of the city or county. In any revitalizationarea, the HDA may provide financing for one or more economically mixedprojects and, in conjunction therewith, any nonhousing buildings that areincidental to such project or projects or are determined by the governingbody of the city or county to be necessary or appropriate for therevitalization of such area or for the industrial, commercial or othereconomic development thereof.
B. The HDA may finance an economically mixed project that is not within arevitalization area if the governing body of the city or county in which suchproject is or will be located shall by resolution determine (i) either (a)that the ability to provide residential housing and supporting facilitiesthat serve persons or families of lower or moderate income will be enhancedif a portion of the units therein are occupied or held available foroccupancy by persons and families who are not of low and moderate income or(b) that the surrounding area of such project is, or is expected in thefuture to be, inhabited predominantly by lower income persons and familiesand will benefit from an economic mix of residents in such project and (ii)private enterprise and investment are not reasonably expected, withoutassistance, to produce the construction or rehabilitation of decent, safe andsanitary housing and supporting facilities that will meet the needs of lowand moderate income persons and families in such area and will induce otherpersons and families to live within such area and thereby create a desirableeconomic mix of residents in such area.
C. In any economically mixed project financed under this section, thepercentage of units occupied or held available for occupancy by persons andfamilies who are not of low and moderate income, as determined as of the dateof their initial occupancy of such units, shall not exceed 80 percent.
(1979, c. 374; 1996, cc. 77, 498; 2004, c. 187; 2006, c. 784.)
A. For the sole purpose of empowering the HDA to provide financing inaccordance with this chapter, the governing body of any city or county may byresolution designate an area within such city or county as a revitalizationarea if such governing body shall in such resolution make the followingdeterminations with respect to such area: (i) either (a) the area isblighted, deteriorated, deteriorating or, if not rehabilitated, likely todeteriorate by reason that the buildings, improvements or other facilities insuch area are subject to one or more of the following conditions:dilapidation; obsolescence; overcrowding; inadequate ventilation, light orsanitation; excessive land coverage; deleterious land use; or faulty orinadequate design, quality or condition; or (b) the industrial, commercial orother economic development of such area will benefit the city or county butsuch area lacks the housing needed to induce manufacturing, industrial,commercial, governmental, educational, entertainment, community development,healthcare or nonprofit enterprises or undertakings to locate or remain insuch area; and (ii) private enterprise and investment are not reasonablyexpected, without assistance, to produce the construction or rehabilitationof decent, safe and sanitary housing and supporting facilities that will meetthe needs of low and moderate income persons and families in such area andwill induce other persons and families to live within such area and therebycreate a desirable economic mix of residents in such area. Any redevelopmentarea, conservation area, or rehabilitation area created or designated by thecity or county pursuant to Chapter 1 (§ 36-1 et seq.) of this title, anycensus tract in which 70 percent or more of the families have incomes whichare 80 percent or less of the statewide median income as determined by thefederal government pursuant to Section 143 of the United States InternalRevenue Code or any successor code provision on the basis of the most recentdecennial census for which data are available, and any census tract which isdesignated by the United States Department of Housing and Urban Developmentand, for the most recent year for which census data are available onhousehold income in such tract, either in which 50 percent or more of thehouseholds have an income which is less than 60 percent of the area mediangross income for such year or which has a poverty rate of at least 25 percentshall be deemed to be designated as a revitalization area without adoption ofthe above described resolution of the city or county. In any revitalizationarea, the HDA may provide financing for one or more economically mixedprojects and, in conjunction therewith, any nonhousing buildings that areincidental to such project or projects or are determined by the governingbody of the city or county to be necessary or appropriate for therevitalization of such area or for the industrial, commercial or othereconomic development thereof.
B. The HDA may finance an economically mixed project that is not within arevitalization area if the governing body of the city or county in which suchproject is or will be located shall by resolution determine (i) either (a)that the ability to provide residential housing and supporting facilitiesthat serve persons or families of lower or moderate income will be enhancedif a portion of the units therein are occupied or held available foroccupancy by persons and families who are not of low and moderate income or(b) that the surrounding area of such project is, or is expected in thefuture to be, inhabited predominantly by lower income persons and familiesand will benefit from an economic mix of residents in such project and (ii)private enterprise and investment are not reasonably expected, withoutassistance, to produce the construction or rehabilitation of decent, safe andsanitary housing and supporting facilities that will meet the needs of lowand moderate income persons and families in such area and will induce otherpersons and families to live within such area and thereby create a desirableeconomic mix of residents in such area.
C. In any economically mixed project financed under this section, thepercentage of units occupied or held available for occupancy by persons andfamilies who are not of low and moderate income, as determined as of the dateof their initial occupancy of such units, shall not exceed 80 percent.
(1979, c. 374; 1996, cc. 77, 498; 2004, c. 187; 2006, c. 784.)
