Title 12 — Autonomous Agencies

The Legislature declares and finds: (a) The Declaration of Housing Policy contained in the Housing Act of 1949 (P.L. 171, 81st Cong. 1st Sess.), as amended, and its goals of a decent home and a suitable living environment for every American family expresses the sense of this Legi…

(a) As used in this Article, unless it is otherwise provided or the context requires a different construction, application or meaning: COL4122017 (1) Authority means the Guam Housing and Urban Renewal Authority referred to in § 5103. (2) Federal Government means the United States…

(a) There is hereby created a public body corporate and politic to be known as the “Guam Housing and Urban Renewal Authority.” The Authority shall constitute a “public housing agency” within the meaning of the United States Housing Act of 1937, as amended, and a “local public age…

The Authority shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this Chapter, except the power to levy and collect taxes or special assessments, including the following, in addition to other powers granted in this Article, …

(a) The Authority is empowered and authorized to participate in the programs of the Federal Government and its agencies including the Farmer’s Home Administration and the Department of Housing and Urban Development in the fields of housing for low-income families, elderly residen…

(a) Notwithstanding the provisions of this Article relating to rentals of, preferences or eligibility for admission to, or occupancy of dwellings in housing projects, during the period when the Authority determines that there is an acute need in its area of operation for housing …

Disclose; Violation. COL4122017 (a) During his tenure and for one (1) year thereafter, no Commissioner, officer or employee of the Authority shall voluntarily acquire any personal interest, direct or indirect, in any project or in any property included or planned to be included i…

to be Considered. It is declared to be the policy of the government of Guam that the Authority shall manage and operate housing projects established for low- income families in the most economical and efficient manner consistent with applicable requirements, so as to enable it to…

Subject to such requirements as the Federal Government may impose with respect to federally aided low-rent housing projects, which shall in any event prevail, the Authority, in the operation and management of low-rent housing projects, shall observe the following criteria: (a) (1…

(a) It is declared to be the policy of Guam to undertake and pursue an active urban renewal program for the elimination, and for the prevention of the development or spread of slums and blight in Guam, within the contemplation of the Housing Act of 1949, as amended, and of any ot…

Plans. (a) An urban renewal project for an urban renewal area shall not be planned or initiated unless the Authority has determined, with the approval of the Governor, that such area is a slum area or a blighted area or a combination thereof and that the area is appropriate for a…

Subject to such requirements and procedures as the Federal Government may impose with respect to federally aided urban renewal projects, which shall in any event prevail: (a) The Authority may sell, lease or otherwise transfer real property or any interest therein acquired by it,…

The owner of an interest in any real property acquired by the Authority in a condemnation proceeding may, by expressly waiving any COL4122017 right to a priority purchase of any real property within an urban renewal or community development area, become eligible to receive govern…

(a) Where the Legislature, by resolution, finds and determines that an area is in need of redevelopment or rehabilitation as the result of a major disaster, the Authority is hereby authorized and empowered to plan, undertake and carry out under the provisions of this Article an u…

(a) The Authority shall have the power to issue bonds, from time to time, in its discretion, for any of its corporate purposes. The Authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The Authority may issu…

Involving Bonds. (a) Bonds of the Authority shall be authorized by its resolution, may be issued in one or more series and shall be offered, awarded and executed in such manner, bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceed…

In connection with the issuance of bonds or the incurring of obligations, and in order to secure the payment of such bonds or obligations, the Authority, in addition to its other powers, may: (a) Pledge all or any part of its gross or net rents, fees or revenues, to which its rig…

An obligee of the Authority, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon him, may, by a civil action: (a) compel the Authority and the Commissioners, officers, agents or employees thereof to per…

(a) The Authority may by its resolution, or by declaration of trust, trust indenture, mortgage, lease or other contract confer upon any obligee COL4122017 holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), u…

Obligations. Notwithstanding any restriction on investments contained in any laws of Guam, the government of Guam, all public officers and other public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan as…

Government. In any contract with the Federal Government for financial assistance to the Authority, the Authority may obligate itself, which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws, to convey to the Federal G…

COL4122017 (a) For the purpose of aiding and cooperating in the planning, undertaking, carrying out, developing, constructing and operating of projects, and of enabling the Authority to qualify for participation in federal programs in its authorized field of activity, the governm…

Borrowings, Bonds, Etc. The government of Guam may levy taxes, appropriate funds, incur indebtedness and issue bonds for the purposes of procuring funds to be loaned, appropriated, contributed or granted, to the Authority for carrying out its powers, functions and duties under th…

The government of Guam, for the purposes of this Article, may formulate for the territory of Guam, as a whole, and for each community and locality in Guam workable programs for utilizing appropriate public and private resources to eliminate, and prevent the development or spread …

Any instrument executed by the Authority, or by the government of Guam, purporting to convey any right, title or interest in any property under this Article, shall be conclusively presumed to have been executed in compliance with this Article insofar as the title or other interes…

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 undertaking or carrying out of operations of such projects, including any agency or instrumentality of the United States, the provisions of t…

Fix Compensation. In any proceedings in eminent domain to fix or assess just compensation, evidence or testimony bearing upon the following matters shall be admissible, in addition to evidence or testimony otherwise admissible, and shall be considered in fixing such compensation:…

or Taxes; Payments in Lieu of Taxes. (a) All property, including funds of the Authority, shall be exempt from judicial process of every kind, including, without limitation, attachment, levy, execution and sale by virtue of an execution, and no judgment shall be a lien or charge u…

COL4122017 The Authority shall make administrative, maintenance and operating expenditures in accordance with an annual budget, and shall account to the government of Guam, in accordance with applicable law, for any funds that may have been furnished to it or appropriated to its …

Approval. The Authority shall submit to the Governor and the Legislature from time to time a report listing any area or areas deemed by the Authority to be suitable for consideration for housing project purposes. The utilization of any such area or areas for such purposes shall r…

At least once a year, the Authority shall file with the Governor and the Legislature a report of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the pur…

(a) Insofar as the provisions of this Article are inconsistent with the provisions of any other law, the provisions of this Article shall be controlling; and in particular but not by way of limitation, except as may be provided in this Article, no provision of any law with respec…

Authority. (a) Transfer of the Guam Housing and Urban Renewal Authority. Notwithstanding any other provisions of law, the Governor is authorized to convey for One Dollar ($1.00) to Guam Housing and Urban Renewal Authority all right, title and interest of the government in Lots 10…

Without Regard to § 5133. Nothing in this Article shall prevent a mortgagee from foreclosing the interest of any mortgagor in default on a mortgage or deed of trust entered into as security for financing the improvement of a leasehold provided for by § 5133 of this Article. In th…

(a) The Guam Housing and Urban Renewal Authority shall offer for sale each of the five hundred (500) home lots it established pursuant to § 5133 and which it is authorized to lease pursuant to Subsection (d) of that section. (b) The sale of lots authorized by Subsection (a) of th…

In accordance with the powers conferred upon it by Article 1 of this Article and in conjunction with its responsibilities as a "public housing agency" within the meaning of the Federal Housing Act of 1937, as amended, as a "local public agency" within the meaning of Title I of th…

In order to facilitate the immediate construction of the one hundred ninety-five (195) low income housing units specified in § 5201 of this Article, the Legislature directs that such government land as is reasonably necessary for the development of the projects shall be conveyed …

The Director of Land Management is directed to cooperate fully with the Authority in the task of promptly and properly identifying the amounts of land in each of the communities identified in § 5201 that would be reasonably necessary for the development of the projects. The descr…

The Board of Commissioners of Guam Housing and Urban Renewal Authority, within the administrative powers conferred upon it by this Article and insofar as it shall be consistent with any supervening Federal law, shall develop a set of priorities in accordance with the COL4122017 A…

The Board of Commissioners of Guam Housing and Urban Renewal Authority shall submit a report to the Legislature on the progress made in accomplishing the objectives of this Article six (6) months after it shall have become law and continue to make reports every six (6) months the…

(a) In order to meet the housing needs of low-income elderly and handicapped persons residing in Guam, the Governor shall convey to Guam Housing and Urban Renewal Authority the following pieces of real property: (1) Tract 170 (Part), Dededo, containing an area of 618,807 ± square…

As used in this Article: (a) Authority means the Guam Housing and Urban Renewal Authority. (b) Board means the Board of Commissioners of the Guam Housing and Urban Renewal Authority. (c) Grant means a sum not in excess of Seven Thousand Dollars ($7,000) which the Authority shall …

(a) Pigua Subdivision (Merizo): Pigua Subdivision, as used in this Article, means the government of Guam land located in the municipality of Merizo designated as Lot No. 505-R6, land square 38, Sections 2 and 3 comprised of approximately 5,221,607 square feet/485,105 ± square met…

Notwithstanding any other provisions of law, the Governor shall convey from the government of Guam to the Authority the subdivisions defined in § 5302 of this Article. Provided, however, the Governor shall reserve for the government of Guam only such property as is reasonably req…

The Authority is authorized to develop and lease, for not longer than ninety-nine (99) years, land and to sell improvements within any of the subdivisions enumerated or established by this Article, in accordance with the approved plan for the respective subdivisions. Such leases …

For the purposes of § 5304 of this Article, ownership by a person or family of real property upon which a substandard dwelling is constructed shall not bar the eligibility for the preferences established by § 5304 of this Article if the applicant person or family was residing in …

(a) The Authority shall prepare or cause to be prepared subdivision plans and may utilize for this purpose the assistance and cooperation of any agency, public or private. Prior to its adoption of a subdivision plan, the Authority shall submit such plan to the Territorial Land Us…

Subject to such requirements and procedures as the Federal Government may impose with respect to federally-aided subdivision plans, which shall in any event prevail: (a) The Authority may lease, for not longer than ninety-nine (99) years, land or any interest therein acquired by …

There is authorized to be appropriated the sum of Two Hundred Fifty Thousand Dollars ($250,000) to the Guam Housing and Urban Renewal Authority (GHURA) for the purpose of subsidizing directly home purchasers under Preferences 1 and 2 due to insufficient income, who would not othe…

There is appropriated from the General Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000) to the Guam Housing and Urban Renewal Authority (GHURA) for the purpose of establishing a revolving fund. The money in the revolving fund shall be used for the COL4122017 purpose …