In this title the following words have the meanings indicated.
“Continuing care facility” means a facility in which shelter and medical and nursing services or other health related services are made available:
to an individual who is 60 years old or older and not related by blood or marriage to the provider;
for the life of the individual or for a period exceeding 1 year; and
under a written agreement that requires a transfer of assets or an entrance fee, notwithstanding periodic charges.
“Housing project” means a work or undertaking to provide decent, safe, and sanitary urban or rural apartments, or other housing for the persons of eligible income who live in the area of the housing.
“Housing project” includes buildings, land, equipment, facilities, and other real or personal property that is planned, acquired, owned, used, developed, reconstructed, rehabilitated, or improved to provide:
the housing; or
the necessary, convenient, or desirable:
appurtenances, streets, roads, sewers, water service, parks, site preparation, or gardening; or
supporting public or private administrative, commercial, educational, cultural, recreational, welfare, community, or civic facilities that are needed for sound community development.
“Person of eligible income” means an individual or a family that:
lives in the area of operation of the Prince George’s Authority that undertakes a housing project; and
as determined by the Prince George’s Authority, lacks sufficient income without financial assistance to live in decent, safe, and sanitary housing without overcrowding.
“Prince George’s Authority” means the Housing Authority of Prince George’s County.
Title 12 of this article applies to the Prince George’s Authority and other housing authorities in Prince George’s County except where it is inconsistent with this title.
The General Assembly finds that:
there are in Prince George’s County:
a shortage of decent, safe, and adequate housing and continuing care facilities for the elderly;
economically depressed areas; and
housing in need of rehabilitation;
as a result of these conditions:
county residents are forced to occupy overcrowded, congested, and deteriorated housing and live in depressed neighborhoods; and
many of the elderly must remain in housing that is ill-suited to their current needs and abilities;
these conditions require too much public money to be spent for protection of the public health, safety, and welfare, and for other public services and facilities;
the operation of continuing care facilities absorbs costs of health, safety, and social services of the residents of those facilities while adding to the available housing stock of the county;
private enterprise alone cannot wholly meet the need to:
relieve the shortage of decent, safe, and adequate housing and continuing care facilities;
revitalize depressed neighborhoods; and
rehabilitate housing;
the construction and rehabilitation of housing, including continuing care facilities for county residents, and the acquisition and expenditure of public money to produce that housing therefore do not compete with private enterprise;
a need exists for mortgage credit to be made available for constructing new housing and rehabilitating existing housing for many buyers and owners of housing who cannot afford mortgage credit at the market interest rate or get mortgage credit because the mortgage credit market is severely restricted;
there is a need to:
acquire, construct, and rehabilitate continuing care facilities at the least cost to those who use them;
construct housing that is decent, safe, and adequate; and
rehabilitate housing to make it decent, safe, and adequate; and
it is in the public interest to expend public resources and give assistance to meet this need;
many families live in housing that is decent and safe, but is inadequate for the size of the family;
some of those families could afford to buy new housing if their existing homes could be sold to smaller families for whom the homes would be more adequate;
many potential buyers of these existing homes are first-time buyers, who find it difficult or impossible to afford newly constructed housing because they do not have an equity interest in their present housing to help finance a home purchase; and
therefore, it is in the public interest to help first-time homebuyers acquire existing housing as well as newly constructed or rehabilitated housing, as the assistance will:
help nonhomeowners acquire housing;
help homeowners to acquire more adequate housing; and
stimulate the private sector production of new housing.
The General Assembly finds that this title:
creates a sound housing stock;
contributes towards a balanced economy;
promotes the health, welfare, and safety of the residents; and
serves valid public purposes.
The Housing Authority of Prince George’s County is a public body corporate and politic that:
exercises public and essential governmental functions; and
has all the powers necessary or convenient to carry out the purposes of this Division II.
The Prince George’s Authority consists of seven Commissioners nominated by the County Executive and confirmed by the County Council.
The County Council shall hold a public hearing before voting whether to confirm each nominee.
The term of a Prince George’s Authority Commissioner is 5 years.
The terms of Commissioners are staggered as required by the terms of the members serving on October 1, 2006.
At the end of a term, a Commissioner continues to serve until a successor is appointed and qualifies.
A Commissioner who is appointed after a term has begun serves only for the rest of that term and until a successor is appointed and qualifies.
The County Executive may remove a Commissioner with the approval of the County Council of Prince George’s County.
The County Executive shall choose the chair of the Prince George’s Authority from among its Commissioners.
In addition to the powers listed elsewhere in this Division II, the Prince George’s Authority may:
exercise all or any part of those powers to provide housing, housing rehabilitation, housing projects, integrally related commercial structures, and their financing for county residents;
exercise other functions and responsibilities required by the county, including community development; and
acquire and spend public money for any purpose authorized under this Division II, if the exercise of all powers of the Prince George’s Authority is in accordance with Prince George’s County law or a contract or contracts with Prince George’s County.
As required by Prince George’s County, the Prince George’s Authority annually shall issue a financial report for the previous fiscal year based on a certified audit.
Prince George’s County by local law may require the Prince George’s Authority to comply with budgetary, financial, personnel, and ethics procedures of the county.
With the approval of the Prince George’s County governing body, the Prince George’s Authority within its area of operation also may:
make construction loans and long-term mortgage loans to any person to produce housing under this title;
buy and insure mortgages secured by such housing; and
make or buy mortgage loans to help first-time homebuyers to buy existing homes, if:
the first-time homebuyers:
are residents of the county;
qualify based on income limits established by the Prince George’s Authority with the approval of the county governing body; and
are buying housing determined to be decent, safe, and adequate according to standards adopted by the Prince George’s Authority; and
the Prince George’s Authority determines that income from the assistance program will cover the costs of the program.
With the approval of the Prince George’s County governing body, the Prince George’s Authority within its area of operation may finance housing, housing rehabilitation, a housing project, or a continuing care facility authorized by this title by issuing and selling the bonds of any type.
Bonds that may be issued under this subsection include those on which the principal and interest are payable:
only from the income and revenues of the housing project or continuing care facility that is financed with the proceeds of the bonds or with both those proceeds and a federal grant;
only from the income and revenues of designated housing projects whether or not they were financed wholly or partly with the proceeds of the bonds; or
from its revenues generally.
A bond under this subsection may be secured by pledge of any revenue or a mortgage of a housing project, projects, or other property of the Prince George’s Authority.
Bonds of the Prince George’s Authority may be sold at public or private sale in the manner and on the terms that are authorized by resolution of the Prince George’s Authority.
This section does not preempt or supersede the regulatory authority of a State governmental unit under State law.