Chapter 5

12 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 1 CHAPTER 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY Article 1. General Provisions. Article 2. Low Income Housing Program. Article 3. Development of Residential Subdivisions. Article 4. Development of As-Tumbo Subdivision. ARTICLE 1 GENERAL PROVISIONS § 5101. Declaration of Findings and Policy. § 5102. Definitions. § 5103. Guam Housing and Urban Renewal Authority. § 5104. Powers and Duties of the Authority. § 5105. Participation in Federal Programs. § 5106. Housing for Disaster Victims and Defense Wo rkers. § 5107. Interest of Commissioners and Others in Pro jects; Duty to Disclose; Violation. § 5108. Limitation on Rentals of Low Rent Public Ho using: Factors to be Considered. § 5109. Duties of Authority With Respect to Tenant Selection. § 5110. Declaration of Urban Renewal Policy. § 5111. Approval of Urban Renewal Projects and Urba n Renewal Plans. § 5112. Disposal of Property for Uses in Accordance With Plan. § 5113. Property Statement. § 5114. Disaster Areas. § 5115. Issuance of Bonds, Terms and Conditions Gen erally. § 5116. Maturity of Bonds; Interest; Sale; Validity ; Actions Involving Bonds. § 5117.

§ 5113. Property Statement. § 5114. Disaster Areas. § 5115. Issuance of Bonds, Terms and Conditions Gen erally. § 5116. Maturity of Bonds; Interest; Sale; Validity ; Actions Involving Bonds. § 5117. Powers of Authority With Respect to Bonds o r Obligations. § 5118. Rights of Obligee. § 5119. Conferment of Additional Rights Upon Oblige e; Receiver. § 5120. Investment of Public or Private Funds in Bo nds or Other Obligations. § 5121. Provisions Permitted in Contracts With Fede ral Government. § 5122. Cooperation by Government of Guam. § 5123. Power to Render Assistance by Taxes, Approp riations, Borrowings, Bonds, Etc. § 5124. Workable Program. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 2 § 5125. Instruments of Conveyance; Recordation. § 5126. Enforcement of Agreements. § 5127. Testimony Admissible in Eminent Domain Proc eedings to Fix Compensation. § 5128. Exemption of Authority’s Property From Exec ution, Liens or Taxes; Payments in Lieu of Taxes. § 5129. Expenditures; Accounting for Funds. § 5130. Reports as to Areas to be Considered for Ho using Projects; Approval. § 5131. Reports and Recommendations to Governor and Legislature. § 5132.

xes. § 5129. Expenditures; Accounting for Funds. § 5130. Reports as to Areas to be Considered for Ho using Projects; Approval. § 5131. Reports and Recommendations to Governor and Legislature. § 5132. Construction With Other Laws. § 5133. Transfer of the Guam Housing and Urban Rene wal Authority. § 5134. Mortgagee May Own and Transfer Title to Lea sehold Without Regard to § 5133. § 5135. Sale of Lots Authorized. § 5101. Declaration of Findings and Policy. 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 livin g environment for every American family expresses the sense of this L egislature and its concern with the public welfare and the economi c health of our Nation and of Guam. (b) There exist in Guam slum and blighted areas, as well as substandard and inadequate housing conditions and a serious shortage of safe, sanitary and decent dwelling acco mmodations at rentals or prices which families of low income can afford to pay. (c) These slum and blight conditions, and the conti nuing shortage of decent housing for low-income

ecent dwelling acco mmodations at rentals or prices which families of low income can afford to pay. (c) These slum and blight conditions, and the conti nuing shortage of decent housing for low-income families present problems of immediate and long-range governmental c oncern including low and falling property values; a consta nt threat of growth, choking off the orderly improvement and dev elopment of communities; the loss of property tax revenues; fai lure of community responsibility to itself and to its citiz ens; continued crowding of low-income families into unsafe, unsani tary, unhealthy dwellings and slum pockets; and continued excessive expenditures for health protection and fire and crime control. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 3 (d) That certain slum or blighted areas or portions thereof, may require acquisition, clearance and disposition subj ect to use restrictions, as provided in this Chapter, since th e prevailing condition of decay may make impracticable the recla mation of the areas by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this Cha pter, be

ng condition of decay may make impracticable the recla mation of the areas by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this Cha pter, be susceptible of conservation or rehabilitation in su ch a manner that the conditions and evils hereinbefore enumerated ma y be eliminated, remedied or prevented; and that to the extent feasible salvable slum and blighted areas can be conserved a nd rehabilitated through appropriate public action and the cooperati on and voluntary action of the owners and tenants of property in suc h areas. (e) These problems must be attacked by prompt and v igorous action in the interests of public safety, health an d welfare. (f) The elimination and prevention of slums and bli ghted areas, the planning, undertaking and carrying out of urban renewal projects and the provision of safe, sanitary and decent hous ing for low- income families in Guam, and during periods of acut e need for disaster victims and persons engaged in national de fense activities, constitute public uses and public purposes, not com petitive with private enterprise, are proper governmental functio ns, devoted to the health, welfare

rsons engaged in national de fense activities, constitute public uses and public purposes, not com petitive with private enterprise, are proper governmental functio ns, devoted to the health, welfare and safety of the people of Guam, a nd that the powers conferred by this Chapter are for public use s and purposes for which public money may be expended and private property may be acquired, by eminent domain or otherwise. (g) Guam joins in the national policy to promote th e health, safety and welfare of its people by the elimination of slum and blight conditions, by the orderly redevelopment and renewal of communities, by proper planning of community develo pment and by provision of safe, decent and sanitary dwellings for low-income families, through all available federal and local g overnmental programs and through encouragement of private enter prise to participate in the common task of community improve ment. SOURCE : GC §13900. § 5102. Definitions. (a) As used in this Article, unless it is otherwise provided or the context requires a different construction, applicat ion or meaning: COL412201712 GCA AUTONOMOUS AGENCIES CH.

. § 5102. Definitions. (a) As used in this Article, unless it is otherwise provided or the context requires a different construction, applicat ion or meaning: COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 4 (1) Authority means the Guam Housing and Urban Rene wal Authority referred to in § 5103. (2) Federal Government means the United States of A merica or any department, agency or instrumentality, corporat e or otherwise of the United States. (3) Government of Guam means the body politic estab lished by the Organic Act of Guam. (4) Legislature means the Guam Legislature. (5) Governor means the Governor of Guam. (6) Area of operation means the total geographical area within the boundaries of Guam. (7) Slum area means an area in which there is a pre dominance of buildings or improvements, whether residential o r nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, s anitation or open spaces, high density of population and overcrowding , or the existence of any conditions which endanger life or property by fire or other causes, or any combination of such factors is

itation or open spaces, high density of population and overcrowding , or the existence of any conditions which endanger life or property by fire or other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortali ty, juvenile delinquency or crime and is detrimental to the publ ic health, safety, morals or welfare. (8) Blighted area means an area, other than a slum area, which by reason of the presence of a substantial number o f deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to siz e, adequacy, accessibility or usefulness, unsanitary or unsafe c onditions, deterioration of site or other improvements, divers ity of ownership, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions w hich endanger life or property by fire and other causes, or any combin ation of such factors, substantially impairs or arrests the sound growth of a community, retards the provision of housing accommo dations or constitutes an economic or social liability and is a menace to the public health, safety, morals or

irs or arrests the sound growth of a community, retards the provision of housing accommo dations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its pre sent condition and use. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 5 (9) Urban renewal area means a slum area or a bligh ted area or a combination thereof which is designated as approp riate for an urban renewal project. (10) Locality or community means any cohesive popul ation area within the boundaries of Guam that would be co mmonly described as a city, town or village. (11) Housing project means any work or undertaking or activity to provide decent, safe and sanitary urban or rural dwellings, apartments and other living accommodatio ns for families of low income. (A) Such work, undertaking or activity may include buildings, land, equipment, facilities, other real or personal property for necessary, convenient or desirable app urtenances, streets, sewers and other sanitary facilities and s ervices, water supply, utilities, parks, site preparation, landsca ping and administrative, community, health, recreational, we lfare

p urtenances, streets, sewers and other sanitary facilities and s ervices, water supply, utilities, parks, site preparation, landsca ping and administrative, community, health, recreational, we lfare and similar facilities and services. (B) The term also extends to the planning of buildi ngs and improvements, the acquisition of property, the demo lition of existing structures, the clearance of slum areas, t he construction, reconstruction, alteration or repair of the improvements, and all other work in connection ther ewith, as well as to all other real or personal property and tangible or intangible assets held or used in connection with t he housing project. (12) Urban renewal project means undertakings and a ctivities in an urban renewal area for the elimination and fo r the prevention of the development or spread of slums and blight, a nd may involve slum clearance and redevelopment in an urban renewa l area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an u rban renewal plan. Such undertakings and activities may include: (A) Acquisition of a slum area or a blighted area o r portion thereof; (B) Demolition

bination or part thereof in accordance with an u rban renewal plan. Such undertakings and activities may include: (A) Acquisition of a slum area or a blighted area o r portion thereof; (B) Demolition and removal of buildings and improvements; COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 6 (C) Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvement s necessary for carrying out in the urban renewal area the urba n renewal objectives of this Article in accordance with the u rban renewal plan; (D) Disposition of any property acquired in the urb an renewal area, including sale, initial leasing or re tention by the Authority itself, at its fair value for uses in acc ordance with the urban renewal plan; (E) Carrying out plans for a program of voluntary o r compulsory repair and rehabilitation of buildings o r other improvements in accordance with the urban renewal p lan; and (F) Acquisition of any other real property in the u rban renewal area, where necessary, to eliminate unhealt hful, unsanitary or unsafe conditions, lessen density, el iminate obsolete or other uses detrimental to the public we

r real property in the u rban renewal area, where necessary, to eliminate unhealt hful, unsanitary or unsafe conditions, lessen density, el iminate obsolete or other uses detrimental to the public we lfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities. (13) Project means a housing project or urban renew al project and extends to all properties, assets, cash or othe r funds, used, received or held in connection with the development or operation or disposition of a project or any portion of a projec t. (14) Urban renewal plan means a plan, as it exists from time to time, for an urban renewal project, which plan: (A) shall conform to the master plan for Guam, exce pt as provided in § 5114; and (B) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as m ay be proposed to be carried out in the urban renewal are a, zoning and planning changes if any, land uses, maximum den sities, building requirements, and the plan’s relationship to definite objectives of Guam respecting appropriate land uses , improved traffic,

ning and planning changes if any, land uses, maximum den sities, building requirements, and the plan’s relationship to definite objectives of Guam respecting appropriate land uses , improved traffic, public transportation, public utilities, r ecreational and community facilities, and other public improvements . (15) Real property or land, unless restricted meani ng is clearly indicated, means all lands, including improvements and fixtures COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 7 thereon, and appurtenances thereto, or used in conn ection therewith, and every estate, interest, right and use, legal or equitable, therein, including terms for years, and liens by way of mort gage, pledge, attachment, judgment or otherwise. (16) Families of low income or low-income families means individuals or families who are in the lowest incom e group in a community, who cannot afford to pay enough to cause private enterprise in their community to build an adequate supply of decent, safe and sanitary housing for their use. (17) Bonds means all bonds (including refunding bon ds), notes, debentures and any other types or forms of instrume nts or obligation.

quate supply of decent, safe and sanitary housing for their use. (17) Bonds means all bonds (including refunding bon ds), notes, debentures and any other types or forms of instrume nts or obligation. (16) Obligee of the Authority or obligee includes a ny bondholder, agents or trustees for any bondholders or lessor demising to the Authority property used in connecti on with a project, or any assignee or successor of any of the se, and the Federal Government when it is a party to any contract with the Authority. (17) Person means any individual, firm, partnership , corporation, company, association, establishment, i nstitution or organization, private or public, and includes perso ns acting in a representative or fiduciary capacity. (18) Persons engaged in national defense activities means individuals in the Armed Forces of the United State s; employees of the Department of Defense; and workers engaged or t o be engaged in activities connected with national defense. The term also includes the families of the individuals, employees and work ers who reside with them. (19) Major disaster means any flood, drought, fire, typhoon, earthquake, storm or other catastrophe, natural or

includes the families of the individuals, employees and work ers who reside with them. (19) Major disaster means any flood, drought, fire, typhoon, earthquake, storm or other catastrophe, natural or man-made including destruction due to enemy action in time o f war which the Governor has determined to be of sufficient severit y and magnitude to warrant the use of available resources of the Fe deral Government and the government of Guam to alleviate the damage, hardship or suffering caused thereby. (20) Public agency or agency means any department, bureau, instrumentality, authority or official body, corpor ate or otherwise, or COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 8 any public official of the United States or of Guam , or of any state, commonwealth, territory or possession of the United States. (b) To the extent to which any definition in this S ection relates to, or is derived from the provisions of the United States Housing Act of 1937, as amended, or the Housing Act of 1949, as amended, or the Housing Act of 1954, as amended, it shall be construed as i ntended to conform to those Acts, or to any future amendment of those Act s, as

as amended, or the Housing Act of 1949, as amended, or the Housing Act of 1954, as amended, it shall be construed as i ntended to conform to those Acts, or to any future amendment of those Act s, as is intended to include the broadest scope authorized by those Acts . SOURCE : GC § 13901. 2017 NOTE: Subitem designations added/altered pursuant to the authority of 1 GCA § 1606. § 5103. Guam Housing and Urban Renewal Authority. (a) There is hereby created a public body corporate and politic to be known as the 'Guam Housing and Urban Renewal Author ity.' The Authority shall constitute a 'public housing agency ' within the meaning of the United States Housing Act of 1937, as amende d, and a 'local public agency' within the meaning of Title I of the Housing Act of 1949, as amended. The Authority shall have all the powers , rights, duties, privileges, functions and obligations prescribed or provided by this Article. (b) The powers, rights, privileges, functions and d uties of the Authority shall be vested in seven (7) commissioner s, not more than three (3) of whom shall be at any time a salaried o fficial or employee of the government of Guam or of the United States.

of the Authority shall be vested in seven (7) commissioner s, not more than three (3) of whom shall be at any time a salaried o fficial or employee of the government of Guam or of the United States. (c) The Commissioners shall be appointed by the Gov ernor by and with the advice and consent of the Legislature. (1) The Commissioners who are first appointed pursu ant to this Article shall be designated to serve for terms of o ne (1), two (2), three (3), four (4) and five (5) years, respectivel y, from the date of their appointment, but thereafter Commissioners sha ll be appointed for terms of five (5) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the te rm for which his predecessor was appointed shall be appointed only f or the remainder of such term. (2) A Commissioner shall hold office until his succ essor has been qualified, unless sooner removed as provided i n Subsection (e) of this Section. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 9 (3) A certificate of the appointment or reappointme nt of any Commissioner shall be filed with the Secretary of G uam and such certificate shall be

ES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 9 (3) A certificate of the appointment or reappointme nt of any Commissioner shall be filed with the Secretary of G uam and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner. (d) Before taking office or entering on duty, each Commissioner, as well as each employee of the Authority, shall take the oath of office required of all officers and employees of the gover nment of Guam. (e) Any Commissioner may be removed by the Governor for inefficiency, neglect of duty or misconduct in offi ce, after a hearing before the Governor or a hearing officer specially designated by him for the purpose. (f) A Commissioner shall receive no compensation fo r his services, but shall be entitled to payment of official travel costs and reimbursement of expenses actually and necessarily incurred in the discharge of his duties and functions. Commissione rs shall be compensated in the amount of Fifty Dollars ($50.00) for attending a board or commission meeting, such compensation not to exceed One Hundred Dollars ($100.00) per month.

ions. Commissione rs shall be compensated in the amount of Fifty Dollars ($50.00) for attending a board or commission meeting, such compensation not to exceed One Hundred Dollars ($100.00) per month. (g) The Governor shall designate a Chairman and Vic e-Chairman from among the Commissioners. The Commissioners sha ll constitute the Board of Commissioners of the Authority. The Board may employ an Executive Director of the Authority who shall serve at the pleasure of the Board, technical experts, such other officers, agen ts and employees, permanent and temporary, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensati on. For such legal service as it may require, the Authority may employ or retain its own counsel and legal staff. The Authority may delegate to one or more of its officers, agents or employees, such powers and duti es as it may deem proper. The Board shall adopt personnel rules pursu ant to 4 GCA §§4105 and 4106. (h) Four (4) Commissioners shall constitute a quoru m of the Board of Commissioners of the Authority for the purpose o f conducting the business of the Authority and exercising its powers , and for all other purposes.

ssioners shall constitute a quoru m of the Board of Commissioners of the Authority for the purpose o f conducting the business of the Authority and exercising its powers , and for all other purposes. A vote of the majority of Commissioners p resent at any meeting of the Board shall prevail. SOURCE : GC § 13902; Subsection (g) amended by P.L. 16-23. Subsection (f) amended by P.L. 30-069:2 (Nov. 27, 2009). COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 10 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 5104. Powers and Duties of the Authority. The Authority shall have all the powers necessary a nd convenient to carry out and perform the purposes and provisions o f this Chapter, except the power to levy and collect taxes or special asse ssments, including the following, in addition to other powers granted in t his Article, and may: (a) Have perpetual succession; (b) Sue and be sued; (c) Have a seal and modify it; (d) Enter into and execute contracts and instrument s of every kind and nature, necessary or convenient to the exe rcise of its powers and functions; (e) Make, and from time to time

al and modify it; (d) Enter into and execute contracts and instrument s of every kind and nature, necessary or convenient to the exe rcise of its powers and functions; (e) Make, and from time to time modify and repeal, bylaws, rules and regulations, not inconsistent with this A rticle, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, a nd for carrying into effect the powers and purposes of the Authority; (f) Borrow money from public and private sources an d give such security therefor as may be required; (g) Apply for and accept advances, loans, grants, c ontributions, gifts, donations, appropriations of funds and any o ther form of financial assistance from the Federal Government, t he government of Guam, or other public body or agency, or from an y sources, public or private, for the purposes of this Article , and enter into and carry out contracts in connection therewith; (h) Deposit funds in banking institutions which are members of the Federal Deposit Insurance Corporation; (i) Invest funds in property or securities approved for investment by the Federal Government or the governm ent of Guam; (j)

stitutions which are members of the Federal Deposit Insurance Corporation; (i) Invest funds in property or securities approved for investment by the Federal Government or the governm ent of Guam; (j) Acquire any real or personal property or any in terest or estate therein, by lease, option, purchase, gift, g rant, donation, appropriation, bequest, devise or by the exercise o f eminent domain or otherwise; COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 11 (k) Own, hold, improve, clear or prepare for redeve lopment any such property; (l) Sell, lease, exchange, transfer, assign, mortga ge, pledge or otherwise dispose of, or encumber any real or perso nal property, or any interest or estate in such; (m) Acquire by condemnation any interest in real pr operty, including a fee simple title thereto, which the Aut hority may deem necessary for or in connection with any project und er this Article; provided, that as a condition to the exercise of th e power of eminent domain to acquire any real property or interest the rein which the Authority may deem necessary for its purposes under this Article, the Authority shall first adopt a resolution findin g

r of eminent domain to acquire any real property or interest the rein which the Authority may deem necessary for its purposes under this Article, the Authority shall first adopt a resolution findin g and declaring that the acquisition of such property is necessary for s uch purposes; (n) Exercise the power of eminent domain in the man ner now or which may be hereafter provided by law for the e xercise of such power by the government of Guam, except that the co mplaint in eminent domain proceedings shall be brought in the name of and on behalf of the Authority as plaintiff and title to t he property shall vest in the Authority; (o) Provide or arrange or contract for the furnishi ng or repair by any person or agency, public or private, of serv ices, privileges, works, streets, roads, public utilities or other fa cilities of every kind and nature, for and in connection with the preparat ion, planning, development, construction, operation and dispositio n of projects; (p) Install, construct and reconstruct streets, uti lities, parks, playgrounds and other public improvements; (q) Insure or provide for the insurance, in any sto ck or mutual company or any public or private insurance

ruct and reconstruct streets, uti lities, parks, playgrounds and other public improvements; (q) Insure or provide for the insurance, in any sto ck or mutual company or any public or private insurance facility , of any real or personal property or operations of the Authority, a gainst any risks and hazards; (r) Undertake and carry out studies, analysis, rese arch and investigations of living and housing conditions, an d housing and urban renewal needs, within its area of operation, and of means and methods of dealing with needs disclosed by such stu dies, make available to the public the results of such studies and information on housing and urban renewal; COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 12 (s) Determine where, and that, slum and blighted co nditions or areas exist or where, and that, there is a shortage of safe, decent and sanitary dwellings for low-income families; (t) Make findings, determinations and recommendatio ns concerning matters relating to housing and urban re newal, and means and methods of dealing with such matters; car ry into effect such findings, determinations and recommendations; (u) Cooperate with, and

rning matters relating to housing and urban re newal, and means and methods of dealing with such matters; car ry into effect such findings, determinations and recommendations; (u) Cooperate with, and participate in activities o f local, regional or national agencies, organizations, insti tutions or other official or unofficial bodies engaged in the same o r related fields; (v) Make, and cause to be made, all surveys, apprai sals and plans necessary to carry out its activities and the purposes of this Article, and in connection therewith to enter upon any land, property or structure, for such purposes, and make sounding, test boring, or any other technical investigations; enfo rce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; utiliz e and employ, by contract or otherwise, any persons or agencies for the making of such surveys, studies and plans, and the technical work incidental thereto; (w) Make or have made all plans necessary to the ca rrying out of the purposes of this Chapter and contract with a ny person, public or private, in making and carrying out such plans; adopt, modify and amend such plans in

all plans necessary to the ca rrying out of the purposes of this Chapter and contract with a ny person, public or private, in making and carrying out such plans; adopt, modify and amend such plans in accordance with the provisions of this Article, and include in such plans, without limitations, (1) plans for low-rent public housing, (2) urban renewal plans, (3) plans for carrying out a program of voluntary o r compulsory repair and rehabilitation of buildings a nd improvements, (4) plans for the enforcement of local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or re moval of buildings and improvements, COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 13 (5) preliminary or general plans for urban renewal activities in its area of operation or for two (2) or more urban renewal areas, and (6) appraisals, title searches, maps, surveys, stud ies and other preliminary plans and work necessary to prepa re for the undertaking of projects; (x) Develop, test and report methods and techniques , and carry out demonstrations and other

veys, stud ies and other preliminary plans and work necessary to prepa re for the undertaking of projects; (x) Develop, test and report methods and techniques , and carry out demonstrations and other activities for the pre vention and elimination of slums and urban blight and apply for , accept and utilize grants of funds from the Federal Government for such purpose; (y) Undertake and carry out housing and urban renew al projects, and in connection therewith plan, prepare , develop, construct, acquire, lease and dispose of any such p rojects within the contemplation of this Article; (z) Provide for the planning, preparation, developm ent, construction, acquisition, lease, disposition, reco nstruction, improvement, alteration, extension, repair, mainten ance and operation of any such projects; (aa) Lease any dwellings, accommodations, land, str uctures or facilities embraced in any project; (bb) Clear or prepare any property owned by it for redevelopment, conservation or rehabilitation; (cc) Impose and enforce terms and conditions upon r euse of properties included in urban renewal projects; (dd) Establish, from time to time, standards of eli gibility for admission to, and

litation; (cc) Impose and enforce terms and conditions upon r euse of properties included in urban renewal projects; (dd) Establish, from time to time, standards of eli gibility for admission to, and occupancy of, low-rent public hou sing dwellings and facilities; (ee) Adopt, from time to time, rules, regulations a nd conditions of admission to and occupancy of low-rent public ho using dwellings and facilities and housing facilities for elderly r esidents including rents and charges therefor; (ff) Establish, from time to time, standards of eli gibility and conditions of participation for redevelopers and ot hers in urban renewal projects subject to the limitations contain ed in this Article with respect to rental of dwellings in housing proj ects; COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 14 (gg) Prepare plans for the relocation of persons di splaced by an urban renewal project and make relocation payments to or with respect to such persons for moving expenses and los ses of property for which reimbursement or compensation is not othe rwise made, including the making of such payments financed by t he Federal Government; (hh) Make such

s for moving expenses and los ses of property for which reimbursement or compensation is not othe rwise made, including the making of such payments financed by t he Federal Government; (hh) Make such expenditures, subject to the provisi ons of this Article or any other applicable law, regulation or restriction, as may be necessary for the activities and operations of t he Authority and carry out the purposes of this Article; (ii) Conduct examinations and investigations on any matters material to the functions or operations of the Auth ority; and (jj) Organize, coordinate and direct the urban rene wal program and disseminate slum clearance and urban renewal in formation in order that the objectives of remedying slum and bli ghted areas and preventing the causes thereof within Guam may be mo st effectively promoted and achieved. (kk) Provide for the planning, development, constru ction, lease, improvement, alteration, operation and maintenance of dwellings for the severely mentally ill in consultation with the Director of the Guam Behavioral Health and Wellness Center; and (ll) Expend funds received from the Federal governm ent as payments in lieu of taxes (PILOT funds) for the pur

in consultation with the Director of the Guam Behavioral Health and Wellness Center; and (ll) Expend funds received from the Federal governm ent as payments in lieu of taxes (PILOT funds) for the pur poses of meeting personnel obligations imposed on the Authority by P ublic Law 20- 215 § 8; repairing or replacing any facility owned by the Authority which was damaged as a result of the August 8, 1993 earthquake; constructing dwellings for severely mentally ill pe rsons (to replace Guma Ifil which was destroyed in the earthquake); a nd for such other purposes as the Board may from time to time f ind necessary SOURCE : GC § 13903; Subsection (31) amended by P.L. 14-28 . Subsections 37 and 38 added by P.L. 22-24:5 (8/31/93). COURT DECISIONS : SUPER.CT. 1982 The power to 'sue and be sued' signifies that the various limitations of the Gover nment Claims Act do not apply to agencies which are given this power by the Legislat ure. Therefore, the plaintiff was not required to file a claim as required in the Cla ims Act, nor is he limited by any monetary recovery, nor statute of limitations conta ined in that Act. Hawaiian Rock v.

erefore, the plaintiff was not required to file a claim as required in the Cla ims Act, nor is he limited by any monetary recovery, nor statute of limitations conta ined in that Act. Hawaiian Rock v. Guam Housing and Urban Renewal Authority , Civil Case #175-82. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 15 NOTE : See the Government Claims Law, 5 GCA Chapter 6, w hich overturned the holding in the above case. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center. Pursuant to the authority granted by 1 GCA § 1606, number s and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme. § 5105. Participation in Federal Programs. (a) The Authority is empowered and authorized to pa rticipate 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 residents and for

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 residents and for persons engaged in nation al defense activities or for victims of a major disaster, urban renewal and related activities. (b) In connection with such participation, and in a ddition to powers otherwise conferred by this Article, the Authority is empowered and authorized (1) to enter into contracts and agreements of every kind and nature with the Federal Government for any purpose related to such programs, and shall comply with such contracts and any federal rules, requirements, regulations and procedures, ap plicable to the programs; (2) to execute such mortgages, declarations or inde ntures of trust, leases, undertakings or other agreements or documents of every nature, as may be necessary, or required by t he Federal Government; and (3) otherwise to comply fully with any conditions i mposed by the Federal Government upon participation by the Au thority in such programs, it being the intent of this Article to en able the Authority to do any and all things necessary to secure partic

posed by the Federal Government upon participation by the Au thority in such programs, it being the intent of this Article to en able the Authority to do any and all things necessary to secure partic ipation in the federal programs, and federal financial aid in such programs, and the cooperation of the Federal Government in the ca rrying out, undertaking, development, construction, maintenance and operation of any project, in carrying out the functions of th e Authority, and in achieving the policies and purposes of this Article , and to assure strict compliance by the Authority with any conditi ons imposed by the Federal Government. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 16 (c) Further in connection with such participation, the Authority is also empowered and authorized to borrow money, rece ive contributions or grants, and accept other forms of financial assi stance from or through the facilities or guarantees of the Federal Governm ent, and may accept, and shall comply with such conditions as the Federa l Government may impose upon or attach to its financial aid.

om or through the facilities or guarantees of the Federal Governm ent, and may accept, and shall comply with such conditions as the Federa l Government may impose upon or attach to its financial aid. (d) Further, in connection with such participation, the Authority shall agree to and shall comply with any conditions imposed by the Federal Government relating to the wages and hours of labor and labor standards, in the development or administration of projects, and shall include in any contract awarded or entered into in connection with any project covenants that the contractor and all subco ntractors shall comply with all requirements as to wages and hours of labo r and labor standards. SOURCE : GC § 13904; Subsection (a) amended by P.L. 14-28. § 5106. Housing for Disaster Victims and Defense Wo rkers. (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 Aut hority determines that there is an acute need in its area of operation for housing to assure the availability of dwellings for persons engaged in na tional defense activities or for

riod when the Aut hority determines that there is an acute need in its area of operation for housing to assure the availability of dwellings for persons engaged in na tional defense activities or for victims of a major disaster, the Authority may undertake the development and administration of housing proje cts for the Federal Government, and dwellings in any housing project fo r the Federal Government, and dwellings in any housing project un der the jurisdiction of the Authority may be made available to persons e ngaged in national defense activities or to victims of a major disaste r, as the case may be. (b) The Authority is authorized to contract with th e Federal Government or the government of Guam or public agen cies thereof for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishi ng of the housing free of charge to needy disaster victims during any peri od covered by a determination of acute need by the Authority as her ein provided. SOURCE : GC § 13905. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 5107.

eri od covered by a determination of acute need by the Authority as her ein provided. SOURCE : GC § 13905. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 5107. Interest of Commissioners and Others in Pro jects; Duty to Disclose; Violation. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 17 (a) During his tenure and for one (1) year thereaf ter, 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 in any project, or in any contract or proposed contract relating to any proje ct. If any such Commissioner, officer or employee involuntarily acq uires any such interest or voluntarily or involuntarily acquired a ny such interest prior to appointment or employment as a Commissioner, office r or employee, or thereafter, then in any such event, the Commissione r, officer or employee, shall immediately disclose his interest, in writing, to the Authority and such disclosure shall be entered upon the minutes of the Authority, and the Commissioner, officer or employe e shall not

yee, shall immediately disclose his interest, in writing, to the Authority and such disclosure shall be entered upon the minutes of the Authority, and the Commissioner, officer or employe e shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. (b) Any violation of the foregoing provisions of t his Subsection shall constitute misconduct in office. (c) These provisions shall not be applicable to th e acquisition of any interest in notes or bonds of the Authority iss ued in connection with any project, or to the execution of agreements by b anking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture or agreement, or to utility services the rates for which are fixed or controlled by a govern mental agency. SOURCE : GC § 13906. 2017 NOTE: Subsection/subitem designations added pursuant to t he authority of 1 GCA § 1606. § 5108. Limitation on Rentals of Low Rent Public Ho using: Factors to be Considered. It is declared to be the policy of the government o f Guam that the Authority shall manage and operate housing projects established for low-

als of Low Rent Public Ho using: Factors to be Considered. It is declared to be the policy of the government o f Guam that the Authority shall manage and operate housing projects established for low- income families in the most economical and efficien t manner consistent with applicable requirements, so as to enable it to fix rentals or charges for dwelling accommodations at low rents, in conson ance with the purpose of providing safe, decent and sanitary hous ing for families of low income, and that it shall not operate such hous ing projects for profit or as a source of revenue to the government of Guam . To this end, the Authority shall fix the rentals or charges for dwel lings in such housing projects at rates no higher than those it shall det ermine to be necessary to produce revenues which, together with all other ava ilable moneys, COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 18 revenues, incomes and receipts of the Authority, fr om all sources, including federal financial assistance provided to maintain the low-rent character of the housing projects, will be sufficie nt to: (a) Pay, as they become due, the principal and inte rest on

ources, including federal financial assistance provided to maintain the low-rent character of the housing projects, will be sufficie nt to: (a) Pay, as they become due, the principal and inte rest on bonds and obligations of the Authority issued to finance the housing projects; (b) Establish and maintain such reserves as may be required to assure the payment of such principal and interest, as they become due; (c) Meet the cost of, and to provide for, the maint enance and operation of the housing projects, including necess ary reserves therefor, and for costs of insurance protection, as well as the administrative expenses of the Authority; and (d) Make payments in lieu of taxes as provided for in this Chapter. Rentals and charges for dwellings shall be established, and the housing projects shall be administered, to the greatest degree possible, so as to assure that any federal financia l assistance required shall be in the minimum amounts and period s necessary to maintain the low-rent character of the projects. SOURCE : GC § 13907. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme.

t character of the projects. SOURCE : GC § 13907. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5109. Duties of Authority With Respect to Tenant Selection. Subject to such requirements as the Federal Governm ent may impose with respect to federally aided low-rent hou sing projects, which shall in any event prevail, the Authority, in the o peration and management of low-rent housing projects, shall obse rve the following criteria: (a) (1) It may rent or lease the dwelling accommo dations in a housing project only to families who lack the amoun t of income deemed necessary by the Authority to enable them, without financial assistance, to secure decent, saf e, and sanitary dwellings, within the area of operation of the Auth ority, and to provide an adequate standard of living for themselv es. (A) The Authority shall charge rentals which it determines to be within the financial reach of such families. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 19 (B) In the selection process, the Authority shall provide a preference for any veteran, as that

f such families. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 19 (B) In the selection process, the Authority shall provide a preference for any veteran, as that term is defined in 16 GCA § 7120.2(b)(1), who is also the named applicant in any application for public housing. (2) The preference established by this Subsection shall be cumulative with any other preference allowed by the Authority for which the applicant qualifies, so that veterans have priority over non-service members and non-veterans within ea ch preference category. (b) Nothing contained in § 5108 or in Subsection (a ) of this Section shall limit the power of the Authority to v est in an obligee of the Authority the right, in the event of a defau lt by the Authority, to take possession of a housing project or cause th e appointment of a receiver thereof, free from all the restrictions imposed therein. SOURCE : GC § 13908. Subsection (a) amended by P.L. 33-20 1:2 (Dec. 15, 2016). 2017 NOTE: Subitem designations added pursuant to the author ity of 1 GCA § 1606. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the

. 2017 NOTE: Subitem designations added pursuant to the author ity of 1 GCA § 1606. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5110. Declaration of Urban Renewal Policy. (a) It is declared to be the policy of Guam to unde rtake and pursue an active urban renewal program for the elimination , and for the prevention of the development or spread of slums an d blight in Guam, within the contemplation of the Housing Act of 1949 , as amended, and of any other applicable federal or Guam laws, includin g slum clearance and redevelopment, rehabilitation or conservation, or a ny combination or part thereof, and any other activities designed for the development of communities in Guam, to eliminate and prevent slum and blight, and to assure sound community growth. (b) To the greatest extent feasible in carrying out the provisions of this Article, maximum opportunity, consistent with the sound needs of Guam as a whole, shall be afforded for the rehabili tation or redevelopment of an urban renewal area by private e nterprise.

s of this Article, maximum opportunity, consistent with the sound needs of Guam as a whole, shall be afforded for the rehabili tation or redevelopment of an urban renewal area by private e nterprise. The government of Guam, the Authority, and all other pu blic agencies and bodies shall give consideration to this objective i n exercising any powers under this Article, including the formulation of a workable program, the preparation and approval of urban renewal plans, th e exercise of zoning COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 20 powers, the enforcement of other laws, codes and re gulations relating to the use of land and occupancy of buildings and impr ovements, the disposition of property acquired, and the provision of necessary public improvements. SOURCE : GC § 13909. § 5111. Approval of Urban Renewal Projects and Urba n Renewal Plans. (a) An urban renewal project for an urban renewal a rea shall not be planned or initiated unless the Authority has deter mined, 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 appro priate for an urban renewal project.

Authority has deter mined, 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 appro priate for an urban renewal project. The Authority shall not acquire re al property for, nor otherwise undertake an urban renewal project unless the urban renewal project has been approved in accordance with this S ection. (b) (1) The Authority may itself prepare or cause t o be prepared urban renewal plans and may utilize for this purpos e the assistance and cooperation of any agency, public or private. (2) Any person or agency, public or private, may su bmit such an urban renewal plan to the Authority for its cons ideration and action. (3) Prior to its adoption of an urban renewal plan, the Authority shall submit such plan to the Territorial Land Use Commission for review and recommendations as to its conformity wit h the master plan for the development of Guam. (4) Within thirty (30) days after receipt of a prop osed urban renewal plan from the Authority, the Land Use Commi ssion shall submit its written recommendations with respect to the proposed urban renewal plan to the Authority for considerati on.

prop osed urban renewal plan from the Authority, the Land Use Commi ssion shall submit its written recommendations with respect to the proposed urban renewal plan to the Authority for considerati on. (5) Upon receipt and consideration of the recommend ation of the Land Use Commission or, if no recommendations a re received within said thirty (30) days, then without such rec ommendations, the Authority may proceed with the public hearing p rescribed by Subsection (c) hereof on the urban renewal project proposed by the urban renewal plan. (c) The Authority shall hold a public hearing on a proposed urban renewal project, after public notice thereof. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 21 (1) The notice shall describe the hour, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan and shall outline the general s cope of the proposed urban renewal project. (2) The notice shall be published at least once a w eek for not less than two (2) successive weeks immediately prio r to the date of the hearing, the first publication to be not less t han ten (10) days prior to the date of the

ished at least once a w eek for not less than two (2) successive weeks immediately prio r to the date of the hearing, the first publication to be not less t han ten (10) days prior to the date of the hearing, in at least one n ewspaper of general circulation in the community or locality in which t he urban renewal area is situated, or, if there be no such newspaper , be posted in at least three (3) public places in the community or l ocality for not less than ten (10) days immediately prior to the date of the hearing. (3) In the computation of the period of publication or posting, both the day of the first publication or posting an d the day of the hearing shall be included. (d) Within thirty (30) days after conclusion of the public hearing prescribed by Subsection (c), the Authority shall c onsider and act upon the proposed urban renewal plan and may, by resolut ion, adopt the urban renewal plan. (e) Within fifteen (15) days after the adoption of an urban renewal plan by the Authority, or such longer time as the G overnor may authorize at the Authority’s request in any instance, the Aut hority shall transmit to the Governor the following: (1) a certified copy of the urban renewal

, or such longer time as the G overnor may authorize at the Authority’s request in any instance, the Aut hority shall transmit to the Governor the following: (1) a certified copy of the urban renewal plan as a dopted by the Authority; (2) a copy of the report and recommendations of the Land Use Commission, if any; (3) a statement by the Authority of the difference, if any, between the views of the Authority and the Land Use Commission; (4) a summary report of the public hearing; (5) a proposed financing plan for the project to in clude estimated costs of renewal activities, estimated re turn from the disposal of project lands, and the proposed means o f furnishing such local grants-in-aid as may be required for the proj ect; and (6) a proposed relocation plan specifying a feasibl e method, including any temporary relocation measures propose d, for the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 22 relocation of families that will be displaced from the urban renewal area as a result of the project, such relocation pl an to show that there are or are being provided, in the urban renewal are a or in other areas not generally less desirable in

rom the urban renewal area as a result of the project, such relocation pl an to show that there are or are being provided, in the urban renewal are a or in other areas not generally less desirable in regard to public ut ilities and public and commercial facilities and at rents or prices wi thin the financial means of the families to be displaced, decent, safe and sanitary dwelling units, private or public, equal in number to such displaced families and reasonably accessible to their places of employment. Any such relocation plan shall also indicate the me thod and manner of relocating in appropriate facilities any single persons that will be displaced by the urban renewal project. The Governor, if he approves, shall transmit the fo regoing documenta- tion and plans, together with his findings with res pect thereto, including specific findings as to those matters set forth in Subsection (f) hereof, to the Legislature at its next regular or special sess ion. (f) The Legislature at any regular or special sessi on during which an urban renewal plan, the supporting documentation as listed in Subsection (e) hereof and the Governor’s findings thereon, is transmitted to it by the

at any regular or special sessi on during which an urban renewal plan, the supporting documentation as listed in Subsection (e) hereof and the Governor’s findings thereon, is transmitted to it by the Governor, shall consider such urban renewal project during that session. The Legislature may formally approve the same, by r esolution or otherwise, or, if no action either to approve or re ject is taken during that session, it shall be deemed to have approved. (1) Approval of the project shall include findings that (A) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (B) the urban renewal plan conforms to the master p lan for Guam; and (C) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of Gua m, for the rehabilitation or redevelopment of the urban renewa l area by private enterprise; provided, that if the urban ren ewal area or a portion thereof consists of an area of open land to be acquired by the Authority, such area shall not be so acquire d unless (i) if it is to be developed

rovided, that if the urban ren ewal area or a portion thereof consists of an area of open land to be acquired by the Authority, such area shall not be so acquire d unless (i) if it is to be developed for residential uses, it is determined that a shortage of housing of sound stan dards COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 23 and design which is decent, safe and sanitary exist s in the community; that the need for housing accommodations has been or will be increased as a result of the cl earance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public hea lth, safety, morals or welfare; and that the acquisition of the area for residential uses is an integral part of an d essential to the program for the community, or (ii) if it is to be developed for nonresidential us es, it is determined that such nonresidential uses are nec essary and appropriate to facilitate the proper growth and development of the community in accordance with sou nd planning standards and local

, it is determined that such nonresidential uses are nec essary and appropriate to facilitate the proper growth and development of the community in accordance with sou nd planning standards and local community objectives, which acquisition may require the exercise of governmenta l action, as provided in this Article, because of def ective or unusual conditions of title, diversity of ownership , tax delinquency, improper subdivision, outmoded street patterns, obsolete platting, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts , the need for the correlation of the area with other are as of the community by streets and modern traffic requirement s, or any combination of such factors or other conditions which retard development of the area. (2) If the urban renewal plan is for an urban renew al project for which federal financial aid is contemplated under t he Housing Act of 1949, as amended, the approval of the project sh all also include findings that federal financial aid is necessary to enable the project to be undertaken in accordance with the urban renew al plan; and a determination and recognition that certain contribu tions or local

ngs that federal financial aid is necessary to enable the project to be undertaken in accordance with the urban renew al plan; and a determination and recognition that certain contribu tions or local grants-in-aid on the part of Guam, as determined in accordance with the Housing Act of 1949, as amended, and other appl icable law, will be required for the urban renewal project. (g) Upon approval of an urban renewal project, the Governor may authorize the undertaking of the project by the Aut hority in accordance with the urban renewal plan. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 24 (h) An urban renewal plan may be modified at any ti me; provided, that if modified after the lease or sale by the Aut hority of real property in the urban renewal area, such modification shall be subject to such rights at law or equity as a lessee or purchaser, or his s uccessor or successors in interest may be entitled to assert. (i) Upon the approval of an urban renewal project, the provisions of the urban renewal plan with respect to the future u se and building requirements applicable to the property covered by said plan shall be controlling with respect

n renewal project, the provisions of the urban renewal plan with respect to the future u se and building requirements applicable to the property covered by said plan shall be controlling with respect thereto and shall have the force and effect of law, and the Authority may thereafter carry out the project. (j) Any urban renewal plan for an approved project shall be filed for record in the Department of Land Management in such a manner as to afford actual or constructive notice of the provisi ons of such plan. Thereafter, reference, in any instrument or documen t to the provisions of such recorded plan and the recordation thereof, sha ll be for all purposes the same as though the referred to provision or pro visions were set forth in full in such instrument or document. SOURCE : GC § 13910. 2017 NOTE: Subsection and subitem designations altered/added pursuant to the authority of 1 GCA § 1606. § 5112. Disposal of Property for Uses in Accordance With Plan. Subject to such requirements and procedures as the Federal Government may impose with respect to federally aid ed urban renewal projects, which shall in any event prevail: (a) The Authority may sell, lease or otherwise tran sfer

and procedures as the Federal Government may impose with respect to federally aid ed urban renewal projects, which shall in any event prevail: (a) The Authority may sell, lease or otherwise tran sfer real property or any interest therein acquired by it, an d may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial o r other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions and restrictions, including covenants ru nning with the land, as it may deem to be in the public interest o r necessary to assist in preventing the development or spread of f uture slums or blighted areas or to otherwise carry out the purpos es of this Article; provided, that such sale, lease, other transfer or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal project. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 25 (b) The purchasers or lessees and their successors and assigns shall be obligated to devote such real property onl y to the uses

AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 25 (b) The purchasers or lessees and their successors and assigns shall be obligated to devote such real property onl y to the uses specified in the urban renewal plan, and may be obl igated to comply with such other requirements as the Authority may d etermine to be in the public interest or the Federal Government ma y determine to be necessary as a condition of federal aid, includi ng the obligations to begin and to complete within a reasonable time a ny improvements on such real property required by the urban renewal plan and the new uses specified therein; provided, that any obligation to begin construction of improvements sh all not apply to mortgagees and others who acquire an interest in su ch property as the result of the enforcement of any lien or claim thereon. (c) Such real property or interest shall be sold, l eased, otherwise transferred or retained at not less than its fair value for uses in accordance with the urban renewal plan. (1) In determining the fair value of real property for uses in accordance with the urban renewal plan, the Auth ority shall take into account and give consideration to the

ith the urban renewal plan. (1) In determining the fair value of real property for uses in accordance with the urban renewal plan, the Auth ority shall take into account and give consideration to the use s provided in such plan; the restrictions upon, and the covenants , conditions and obligations assumed by the purchaser or lessee or by the Authority retaining the property; the benefits to b e derived by such purchaser or lessee in acquiring, or by the Au thority in retaining, such real property in an urban renewal a rea; and the objectives of such plan for the prevention of the r ecurrence of slum or blighted areas. (2) The Authority may retain or employ qualified appraisers and land valuation experts to appraise t he value of such real property in accordance with the standards here prescribed, which appraisals shall be advisory in n ature only for the purpose of aiding and assisting the Authori ty in finding, determining and establishing the fair value of such real property for uses in accordance with the urban rene wal plan. (d) (1) The Authority in any instrument of conveyan ce to a purchaser or lessee may provide that such purchaser or lessee shall be without the power to

ses in accordance with the urban rene wal plan. (d) (1) The Authority in any instrument of conveyan ce to a purchaser or lessee may provide that such purchaser or lessee shall be without the power to sell, lease or otherw ise transfer the real property without the prior written consent of the Authority until he has completed the construction o f any and all improvements which he has obligated himself to construct COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 26 thereon; and the Authority may provide, in any such instrument of conveyance, that such real property shall revert to or revest in the Authority, at its discretion, upon a breach or violation of any condition, covenant, restriction, undertaking o r other requirement relating to the use of the property or otherwise, without relieving any purchaser or lessee and succe ssors or assigns of any obligation assumed by such purchaser or lessee, and without liability on the part of the Authority for any claim arising from such retesting or reversion. (2) The Authority, upon a certification by it to a court of competent jurisdiction that any purchaser or lessee or their successors and assigns has

any claim arising from such retesting or reversion. (2) The Authority, upon a certification by it to a court of competent jurisdiction that any purchaser or lessee or their successors and assigns has breached or violated any condition, covenant, restriction, undertaking or requirement, shall be entitled to immediate relief (without bond or liabi lity for damages) restraining and enjoining any such breach or violation, pending the determination of the issues in the contro- versy. (e) The inclusion in any such contract or conveyanc e to a purchaser or lessee of any of the covenants, restri ctions or condi- tions provided in Subsections (a), (b), (c) and (d) , including the incorporation by reference therein of the provision s of an urban renewal plan or any part thereof, shall not prevent the filing of such contract or conveyance in the Department of Land Ma nagement in such a manner as to afford actual or constructive n otice thereof. (f) Real property acquired by the Authority which, in accor- dance with the provisions of the urban renewal plan , is to be transferred, shall be transferred as rapidly as fea sible in the public interest consistent with the carrying out of the pr

h, in accor- dance with the provisions of the urban renewal plan , is to be transferred, shall be transferred as rapidly as fea sible in the public interest consistent with the carrying out of the pr ovisions of the urban renewal plan. (g) (1) The Authority may dispose of real property in an urban renewal area to private persons only under such rea sonable competitive bidding procedures as it shall prescrib e, or as hereinafter provided in this Subsection, or under s uch procedures as the Federal Government may prescribe. (2) The Authority may, by public notice by publicat ion once each week for two (2) consecutive weeks in a n ewspaper having a general circulation in the community, prio r to the execution of any contract to sell, lease or otherwi se transfer COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 27 real property and prior to the delivery of any inst rument of conveyance with respect thereto under the provision s of this Section, invite proposals from persons interested i n undertaking to redevelop or rehabilitate an urban r enewal area, or any part thereof.

nveyance with respect thereto under the provision s of this Section, invite proposals from persons interested i n undertaking to redevelop or rehabilitate an urban r enewal area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals sha ll be made by those interested within thirty (30) days after the date of publication of said notice, and that such further i nformation as is available may be obtained at such office as shal l be designated in said notice. (3) The Authority shall consider all such rehabilit ation proposals and the financial and legal ability of th e persons making such proposals to carry them out, and may ne gotiate with any persons for the purchase, lease or other t ransfer of any real property acquired by the Authority in the urba n renewal area. (4) The Authority may accept such proposal as it de ems to be in the public interest and in furtherance of the purposes of this Article; provided, that a notification of inte ntion to accept such proposal shall be filed with the Governor not less than thirty (30) days prior to any such acceptance.

ance of the purposes of this Article; provided, that a notification of inte ntion to accept such proposal shall be filed with the Governor not less than thirty (30) days prior to any such acceptance. (5) Thereafter, the Authority may execute such cont ract in accordance with the provisions of Subsections (a), (b), (c) and (d) and deliver deeds, leases and other instruments and take all steps necessary to effectuate such contract. (h) The Authority may temporarily operate and maint ain real property acquired in an urban renewal area pending the disposition of the property as authorized, without regard to th e provisions of Subsections (a), (b), (c), (d), (e) and (f) above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. SOURCE : GC § 13911. 2017 NOTE: Subitem designations added pursuant to the author ity of 1 GCA § 1606. § 5113. Property Statement. The owner of an interest in any real property acqui red by the Authority in a condemnation proceeding may, by expr essly waiving any COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 28 right to a priority purchase of any real property w

in a condemnation proceeding may, by expr essly waiving any COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 28 right to a priority purchase of any real property w ithin an urban renewal or community development area, become eligible to r eceive government of Guam land in exchange for the land acquired by t he condemnation proceeding. The authority shall issue to such owner a statement indicating that: (a) the owner has expressly waived in writing all r ight to a priority purchase of any property within the urban renewal or community development area; (b) the value of the interest in the real property taken by the Authority in the condemnation proceeding and the ne t amount payable to owner; (c) evidence that the owner has stipulated for an o rder ordering that the condemnation proceeds otherwise payable to the owner be paid into the Treasury of Guam as payment for the g overnment land to be acquired. SOURCE : GC § 13911.1, as added by P.L. 15-68. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5114. Disaster Areas.

, as added by P.L. 15-68. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5114. Disaster Areas. (a) Where the Legislature, by resolution, finds and determines that an area is in need of redevelopment or rehabilitati on 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 urban renewal project with respect to such area wit hout regard to the following: (1) The requirements in §§ 5102 and 5111(a) of this Article that an urban renewal area be a slum or blighted ar ea; (2) The requirements in § 5111 of this Article requ iring preparation of a master plan, submission of an urba n renewal plan to the Territorial Land Use Commission, and conformanc e of the urban renewal plan to the master plan; provided, th at the Authority shall consult with the Land Use Commission in the p reparation of the urban renewal plan so that said plan conforms t o definite local objectives respecting appropriate land uses, improv ed traffic, public transportation, public utilities, recreational comm unity

f the urban renewal plan so that said plan conforms t o definite local objectives respecting appropriate land uses, improv ed traffic, public transportation, public utilities, recreational comm unity facilities and other public improvements; COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 29 (3) The requirements of § 5111(e) and (f) of this A rticle relating to relocation; provided, that the Authorit y has a plan for the encouragement, to the maximum extent feasible, of t he provisions of dwellings suitable for the needs of families dis placed by the disaster or by redevelopment or rehabilitation acti vities. (b) In the preparation of an urban renewal plan, wi th respect to a project to be undertaken and carried out under this Section, the Authority shall give due regard to the removal or relocation of dwellings from the site of recurring floods or other recurring disaste rs in the urban renewal area. SOURCE : GC § 13912. § 5115. Issuance of Bonds, Terms and Conditions Gen erally. (a) The Authority shall have the power to issue bon ds, from time to time, in its discretion, for any of its corporate p urposes.

§ 13912. § 5115. Issuance of Bonds, Terms and Conditions Gen erally. (a) The Authority shall have the power to issue bon ds, from time to time, in its discretion, for any of its corporate p urposes. The Authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The Auth ority may issue such types of bonds as it may determine, including (with out limiting the generality of the foregoing) bonds on which the pri ncipal and interest are payable (1) exclusively from the income and revenues of a p roject financed with the proceeds of such bonds; (2) exclusively from the income and revenues of cer tain designated projects, whether or not they are financ ed in whole or in part with the proceeds of such bonds; or (3) from its revenues generally. (b) Any such bonds may be additionally secured by a pledge of any loan, grant or contribution, or parts thereof, from the Federal Government or other sources, or a pledge of any inc ome or revenue of the Authority, or a mortgage of any project, or par t thereof, or other property of the Authority.

arts thereof, from the Federal Government or other sources, or a pledge of any inc ome or revenue of the Authority, or a mortgage of any project, or par t thereof, or other property of the Authority. (c) None of the proceeds of bonds issued for urban renewal projects, and no proceeds or revenues from any urban renewal project shall be used to pay the bonds or costs of, or to make contr ibutions or loans to any housing project, nor shall the proceeds of bond s issued for housing projects, nor proceeds or revenues from any housing project be used to pay the bonds or costs of, or to make contributions or loans to any urban COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 30 renewal project, unless specifically authorized by law, or permitted by the Federal Government in the instance of federally -aided projects. (d) Neither the Commissioners of the Authority nor any person executing the bonds shall be personally liable on t he bonds by reason of the issuance of the bonds. (e) The bonds and other obligations of the Authorit y shall not be a debt of the territory of Guam and in no event shall such bonds or obligations be payable out of any funds or

ssuance of the bonds. (e) The bonds and other obligations of the Authorit y shall not be a debt of the territory of Guam and in no event shall such bonds or obligations be payable out of any funds or properti es other than those of the Authority, and they shall not constitute an ind ebtedness within the meaning of any debt limitation or restriction. (f) Bonds of the Authority are declared to be issue d for an essential public and governmental purpose and, together with interest thereon and income therefrom, are exempt from all taxes. The pr ovisions of this Article exempting from taxation the Authority, its property, and its bonds and interest thereon and income therefrom, shall be considered part of the security for the repayment of the bonds and sha ll constitute, by virtue of this Article and without necessity of being rest ated in the bonds, a contract between the bondholders, and each and ever yone of them, including all transferees of said bonds from time t o time, on the one hand, and the Authority and Guam on the other. SOURCE : GC § 13913. § 5116. Maturity of Bonds; Interest; Sale; Validity ; Actions Involving Bonds.

sferees of said bonds from time t o time, on the one hand, and the Authority and Guam on the other. SOURCE : GC § 13913. § 5116. Maturity of Bonds; Interest; Sale; Validity ; Actions Involving Bonds. (a) Bonds of the Authority shall be authorized by i ts resolution, may be issued in one or more series and shall be offere d, awarded and executed in such manner, bear such date or dates, m ature at such time or times, bear interest at such rate or rates, not exc eeding the most recently published rate at which the U.S. Department of Trea sury sells its treasury bills per annum, be in such denomination or denomin ations, be in such form, bearer, order, coupon or registered, carry su ch conversion or registration privileges, have such rank or priority , be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), as such re solution of the Authority, trust indenture or mortgage may provide, and shall be fully negotiable. (b) The bonds may be sold at public or private sale at not less than par. COL412201712 GCA AUTONOMOUS AGENCIES CH.

e Authority, trust indenture or mortgage may provide, and shall be fully negotiable. (b) The bonds may be sold at public or private sale at not less than par. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 31 (c) In case any of the Commissioners or officers of the Authority whose signatures appear on any bonds or coupons sha ll cease to be such Commissioners or officers before the delivery of th e bonds, their signatures shall, nevertheless, be valid and suffic ient for all purposes, the same as if the Commissioners or officers had remain ed in office until such delivery. (d) In any suit, action or proceeding involving the validity or enforceability of any bond of the Authority or the security therefor, any such bond reciting in substance that it has been is sued by the Authority to aid in financing a project as defined in this Ar ticle, shall be conclusively deemed to have been issued for such pu rpose, and the project shall be conclusively deemed to have been p lanned, located and carried out in accordance with the purposes and pro visions of this Article.

med to have been issued for such pu rpose, and the project shall be conclusively deemed to have been p lanned, located and carried out in accordance with the purposes and pro visions of this Article. (e) (1) When the Authority sells bonds at a private sale, no person standing in a fiduciary relationship with the Autho rity shall purchase any of the bonds. (2) As used in this Subsection, 'person' means a na tural person, corporation, partnership, trust or the empl oyer of a natural person. (3) If the provisions of this Subsection are violat ed then the sale of the bonds to the violating person shall be deemed null and void ab initio. SOURCE : GC § 13914; Subsection (a) amended by P.L. 16-42; Subsection (e) added by P.L. 16-42. § 5117. Powers of Authority With Respect to Bonds o r Obligations. In connection with the issuance of bonds or the inc urring of obligations, and in order to secure the payment of such bonds or obligations, the Authority, in addition to its othe r powers, may: (a) Pledge all or any part of its gross or net rent s, fees or revenues, to which its right then exists or may the reafter come into existence; (b) Mortgage all or any part of its real or persona l

: (a) Pledge all or any part of its gross or net rent s, fees or revenues, to which its right then exists or may the reafter come into existence; (b) Mortgage all or any part of its real or persona l property, then owned or thereafter acquired; (c) Covenant against pledging all or any part of it s rents, fees and revenues, or against mortgaging all or any part of its real or COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 32 personal property, to which its right or title then exists or may thereafter come into existence or against permittin g or suffering any lien on such revenues or property; covenant with re spect to limitations on its right to sell, lease or otherwis e dispose of any project or any part thereof; and covenant as to wha t other, or additional debts or obligations may be incurred by it; (d) Covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; provide for th e replacement of lost, destroyed or mutilated bonds; covenant agains t extending the time for the payment of its bonds or interest there on; and to covenant for redemption

eds thereof; provide for th e replacement of lost, destroyed or mutilated bonds; covenant agains t extending the time for the payment of its bonds or interest there on; and to covenant for redemption of the bonds and to provide the term and conditions thereof; (e) Covenant subject to the limitations contained i n this Article, as to the rents and fees to be charged in the opera tion of projects, the amount to be raised each year or other period of ti me by rents, fees and other revenues, and as to the use and dispositi on to be made thereof; create or authorize the creation of specia l funds for moneys held for construction or operating costs, debt serv ices, reserves or other purposes, and covenant as to the use and disp osition of the moneys held in such funds; (f) Prescribe the procedure, if any, by which the t erms of any contract with bondholders may be amended or abrogat ed, the amount of bonds the holders of which must consent t hereto and the manner in which such consent may be given; (g) Covenant as to the use, maintenance and replace ment of any or all of its real or personal property, the in surance to be carried thereon, and the use and disposition of insurance m

may be given; (g) Covenant as to the use, maintenance and replace ment of any or all of its real or personal property, the in surance to be carried thereon, and the use and disposition of insurance m oneys; (h) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, cond ition or obliga- tion; and covenant and prescribe as to events of de fault and terms and conditions upon which any or all of its bonds o r obligations shall become or may be declared due before maturity , and as to the terms and conditions upon which such declaration an d its consequences may be waived; (i) Vest in any obligee of the Authority the right to enforce the payment of the bonds or any covenants securing or r elating to the bonds; vest in an obligee or obligees holding a spe cified amount in COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 33 bonds the right, in the event of a default by the A uthority, to take possession of and use, operate and manage any proje ct or any part thereof or any funds connected therewith, and to co llect the rents and revenues arising therefrom, and to dispose of s uch moneys in accordance

f and use, operate and manage any proje ct or any part thereof or any funds connected therewith, and to co llect the rents and revenues arising therefrom, and to dispose of s uch moneys in accordance with the agreement of the Authority with said obligees; provide for the powers and duties of such obligees and limit the liabilities thereof; and provide the terms and cond itions upon which such obligees may enforce any covenant or rights se curing or relating to the bonds; and (j) Exercise all or any part or combination of the powers herein granted; make covenants and do any and all such act s and things as may be necessary or convenient or desirable in orde r to secure its bonds, or in the absolute discretion of the Authori ty, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated her ein. SOURCE : GC § 13915. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5118. Rights of Obligee. An obligee of the Authority, in addition to all oth er rights which may be conferred on such obligee, subject only to a ny contractual

the Compiler’s al pha-numeric scheme. § 5118. Rights of Obligee. An obligee of the Authority, in addition to all oth er rights which may be conferred on such obligee, subject only to a ny contractual restrictions binding upon him, may, by a civil acti on: (a) compel the Authority and the Commissioners, off icers, agents or employees thereof to perform each and eve ry term, provisions and covenant contained in any contract o f the Authority with or for the benefit of such obligee, and carry out any or all such covenants and agreements of the Authority and fulfi ll all duties imposed upon the Authority by this Article; or (b) Enjoin any acts or things which may be unlawful , or the violation of any of the rights of such obligee of t he Authority. SOURCE : GC § 13916. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5119. Conferment of Additional Rights Upon Oblige e; Receiver. (a) The Authority may by its resolution, or by decl aration of trust, trust indenture, mortgage, lease or other contract confer upon any obligee COL412201712 GCA AUTONOMOUS AGENCIES CH.

e; Receiver. (a) The Authority may by its resolution, or by decl aration of trust, trust indenture, mortgage, lease or other contract confer upon any obligee COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 34 holding or representing a specified amount in bonds , the right (in addition to all rights that may otherwise be confer red), upon the happening of an event of default as defined in such resolution or instrument, by a civil action in any court of compe tent jurisdiction: (1) Cause possession of any project or any part the reof to be surrendered to any such obligee; (2) Obtain the appointment of a receiver of any pro ject of the Authority or any part thereof and of the rents and profits therefrom; (3) Require the Authority and the Commissioners, of ficers, agents and employees thereof to account as if it an d they were trustees of an express trust. (b) A receiver appointed under clause (2) of this S ection may enter and take possession of the project or any part ther eof and operate and maintain the same, and collect and receive all fees , rents, revenues or other charges thereafter arising therefrom, and sha ll keep all moneys in a

f the project or any part ther eof and operate and maintain the same, and collect and receive all fees , rents, revenues or other charges thereafter arising therefrom, and sha ll keep all moneys in a separate account or accounts and apply the same in accordance with the obligations of the Authority as the court directs. SOURCE : GC § 13917. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 5120. Investment of Public or Private Funds in Bo nds or Other Obligations. Notwithstanding any restriction on investments cont ained in any laws of Guam, the government of Guam, all public of ficers and other public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savin gs and loan associations, investment companies and other person s carrying on a banking or investment business, all insurance compa nies or organizations, and other persons carrying on an ins urance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest any moneys or funds belonging to them or within their control in any bonds or other obligations issued by the

executors, administrators, guardians, trustees and other fiduciaries, may legally invest any moneys or funds belonging to them or within their control in any bonds or other obligations issued by the Authority or issued by any public housing or urban renewal or re development authority or agency in the United States, its terri tories and possessions or in the Commonwealth of Puerto Rico, when such bonds or other obligations are secured by a pledge of annual contr ibutions or other COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 35 financial assistance to be paid by the Federal Gove rnment, or when such bonds or other obligations are secured by an agreem ent between the Federal Government and the public housing or urban renewal or redevelopment authority or agency in which the Fede ral Government agrees to lend to such authority or agency, prior t o the maturity of the bonds or other obligations, moneys in an amount whi ch, together with any other moneys irrevocably committed to the payme nt of principal and interest on the bonds or other obligations, will su ffice to pay the principal of the bonds or other obligations with interest to maturity,

neys irrevocably committed to the payme nt of principal and interest on the bonds or other obligations, will su ffice to pay the principal of the bonds or other obligations with interest to maturity, which moneys under the terms of the agreement are required to be used for that purpose; and such bonds and other obligations shall be autho rized security for all public deposits, it being the purpose of this Secti on to authorize any of the foregoing to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds he ld on deposit, for the purchase of any such bonds or other obligations; pr ovided, however, that nothing herein be construed as relieving any person from any duty of exercising reasonable care in selecting securities. SOURCE : GC § 13918. § 5121. Provisions Permitted in Contracts With Fede ral Government. In any contract with the Federal Government for fin ancial assistance to the Authority, the Authority may obligate itself , which obligation shall be specifically enforceable and shall not constitut e a mortgage, notwithstanding any other laws, to convey to the Fe

ance to the Authority, the Authority may obligate itself , which obligation shall be specifically enforceable and shall not constitut e a mortgage, notwithstanding any other laws, to convey to the Fe deral Government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default with respec t to the covenants or conditions to which the Authority is subject. The c ontract may further provide that in the case of such conveyance the Fed eral Government may complete, operate, manage, lease, convey or otherwi se deal with the project in accordance with the terms of such contra ct; provided, that the contract requires that, as soon as practicable afte r the Federal Government is satisfied that all defaults with resp ect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal Governm ent shall reconvey to the Authority the project as then constituted. SOURCE : GC § 13919. § 5122. Cooperation by Government of Guam. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 36 (a) For the purpose of aiding and cooperating in th e

E : GC § 13919. § 5122. Cooperation by Government of Guam. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 36 (a) For the purpose of aiding and cooperating in th e 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 activit y, the government of Guam, or any public agency or public body of Guam, with or without consideration, upon such terms as it may determine, and acting through appropriate agencies and officials, may do any, all or any combination of the following: (1) Enter into contracts and agreements (which cont racts or agreements may extend over any period, notwithstand ing any provision or rule of law to the contrary) with the Authority or other public agency or body respecting action to be taken pursuant to any of the powers granted by this Article, including th e furnishing of funds by loan, grant, contribution, appropriation o r otherwise or other assistance in connection with any project. (2) Dedicate, sell, convey, lease or otherwise tran sfer any of its interest in any property or grant

nt, contribution, appropriation o r otherwise or other assistance in connection with any project. (2) Dedicate, sell, convey, lease or otherwise tran sfer any of its interest in any property or grant easements, licens es, or any other rights or privileges therein to the Authority or to any other public agency concerned in any project of the Authority. (3) Cause public buildings and public facilities, i ncluding parks, playgrounds, recreational, community, educat ional, water, sewage or drainage facilities, illumination or any other works or facilities which it is otherwise empowered to under take or furnish, to be furnished to or in connection with any projec t. (4) Close, vacate, furnish, install, grade, regrade , pave, plan or replan, highways, streets, roads, alleys, sidewalks , ways or other places. (5) Plan or replan, zone or rezone, any part of any community or locality, and make exceptions and grant waivers from any building codes, regulations or rules. (6) Cause administrative and other services to be f urnished to the Authority. (7) Incur all or any part of the expense of any pub lic improvement necessary for the purposes of this Arti cle.

rules. (6) Cause administrative and other services to be f urnished to the Authority. (7) Incur all or any part of the expense of any pub lic improvement necessary for the purposes of this Arti cle. (8) Lend, grant, appropriate or contribute funds to the Authority, or otherwise for the purposes of this Ar ticle. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 37 (9) Employ, notwithstanding the provisions of any o ther law, any funds belonging to or within its control, inclu ding funds derived from the sale or furnishing of property or services or facilities, to the Authority, for the purchase of bonds or other oblig ations of the Authority. (10) Exercise powers relating to the repair, improv ement, condemnation, vacation, closing, demolition or remo val of unsafe, unsanitary or unfit buildings and structures. (11) Do any and all things necessary or convenient to aid and cooperate in the planning or carrying out, or opera ting projects of the Authority, and in achieving the purpose of this Article. (b) All agencies and public officials of the govern ment of Guam are authorized and empowered, and shall cooperate with the Authority to the extent

rity, and in achieving the purpose of this Article. (b) All agencies and public officials of the govern ment of Guam are authorized and empowered, and shall cooperate with the Authority to the extent necessary to facilitate the exercise by the Authority of its powers, duties and functions under this Article and in carr ying out the purposes of this Article. (c) Any sale, conveyance, lease, transfer or agreem ent authorized by this Section may be made without appraisal, public notice, advertisement or public bidding, notwithstanding any laws to the contrary. (d) All projects of the Authority shall comply with the planning, zoning, sanitary and building laws or codes, or oth er regulatory measures applicable to the community in which the project is situated; but no project constructed in a manner to promote the publ ic interest, which complies with the standards or requirements of the Federal Government applicable to it, shall be deemed to be in violatio n of such laws or codes or be required to be changed or modified for compli ance. SOURCE : GC § 13920. § 5123. Power to Render Assistance by Taxes, Approp riations, Borrowings, Bonds, Etc.

n violatio n of such laws or codes or be required to be changed or modified for compli ance. SOURCE : GC § 13920. § 5123. Power to Render Assistance by Taxes, Approp riations, Borrowings, Bonds, Etc. The government of Guam may levy taxes, appropriate funds, incur indebtedness and issue bonds for the purposes of pr ocuring funds to be loaned, appropriated, contributed or granted, to th e Authority for carrying out its powers, functions and duties under this Article, for the provision of public improvements and other forms of local governmental cooperation, and for use in connection with any pro ject of the Authority, or otherwise to carry out the purposes of this Arti cle. Bonds to be issued by such government pursuant to the provisions of th is Section shall be COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 38 issued in the manner and within the limitations pre scribed by law for the issuance and authorization of bonds. SOURCE : GC § 13921. § 5124. Workable Program. The government of Guam, for the purposes of this Ar ticle, may formulate for the territory of Guam, as a whole, an d for each community and locality in Guam workable programs for

4. Workable Program. The government of Guam, for the purposes of this Ar ticle, may formulate for the territory of Guam, as a whole, an d for each community and locality in Guam workable programs for utilizin g appropriate public and private resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage nee ded urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activi ties or other feasible governmental or community activities as may be suit ably employed to achieve the objectives of such workable programs. S uch workable programs may include, without limitation, provision s for: (a) the prevention of the spread of blight into are as of the community which are free from blight through dilige nt enforcement of housing, zoning and occupancy controls and stand ards; (b) the rehabilitation or conversion of slum and bl ighted areas or portions thereof by replanning, removing congest ion, providing parks, playgrounds and other public improvements, b y encouraging voluntary rehabilitation and by compelling the repa ir and rehabilitation of deteriorated or deteriorating str

congest ion, providing parks, playgrounds and other public improvements, b y encouraging voluntary rehabilitation and by compelling the repa ir and rehabilitation of deteriorated or deteriorating str uctures; (c) the clearance and redevelopment of slum and bli ghted areas or portions thereof; and (d) the provision of safe, decent and sanitary hous ing, by private or public effort, or a combination of both. SOURCE : GC § 13922. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 5125. Instruments of Conveyance; Recordation. Any instrument executed by the Authority, or by the government of Guam, purporting to convey any right, title or inte rest in any property under this Article, shall be conclusively presumed to have been executed in compliance with this Article insofar as the titl e or other interest of any bona fide purchaser, lessee or transferee of the pr operty is concerned, and shall be entitled to recordation in the appropr iate records or registries COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 39 of the territory of Guam so as to afford actual or constructive notice thereof. SOURCE : GC § 13923.

registries COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 39 of the territory of Guam so as to afford actual or constructive notice thereof. SOURCE : GC § 13923. § 5126. Enforcement of Agreements. If at any time title to, or possession of any proje ct is held by any public body or governmental agency authorized by la w to engage in the undertaking or carrying out of operations of such p rojects, including any agency or instrumentality of the United States, the provisions of this Article, and of any agreements thereunder, shall in ure to the benefit of, and may be enforced by such public body or agency. SOURCE : GC § 13924. § 5127. Testimony Admissible in Eminent Domain Proc eedings to Fix Compensation. In any proceedings in eminent domain to fix or asse ss just compensation, evidence or testimony bearing upon th e following matters shall be admissible, in addition to evidence or tes timony otherwise admissible, and shall be considered in fixing such compensation: (a) Any use, condition, occupancy or operation of s uch property, which is unlawful or violates or is subje ct to elimination, abatement, prohibition or correction, under any law or

uch compensation: (a) Any use, condition, occupancy or operation of s uch property, which is unlawful or violates or is subje ct to elimination, abatement, prohibition or correction, under any law or regulatory measure, in Guam, as being unsafe, substandard, uns anitary or otherwise contrary to the public health, safety, mo rals or welfare. (b) The effect on the value of such property of any such use, condition, occupancy or operation or of the elimina tion, abatement, prohibition or correction of any such use, conditio n, occupancy or operation. (c) Testimony or evidence that any public agency or officer charged with the duty so to do has rendered, made o r issued any judgment, decree, order, determination or finding f or the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation, which official action shall be prima facie evidence of the existence and character of such use , condition, occupancy or operation, but shall not be a conditio n precedent to the admissibility of the evidence or testimony describe d in Subsections (a) and (b), above. SOURCE : GC § 13925. COL412201712 GCA AUTONOMOUS AGENCIES CH.

, but shall not be a conditio n precedent to the admissibility of the evidence or testimony describe d in Subsections (a) and (b), above. SOURCE : GC § 13925. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 40 NOTE: Subsection designations altered pursuant to the aut hority of 1 GCA § 1606. Internal references altered to reflect the change. § 5128. Exemption of Authority’s Property From Exec ution, Liens 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, wit hout limitation, attachment, levy, execution and sale by virtue of a n execution, and no judgment shall be a lien or charge upon its propert y or funds; provided, that the provisions of such section shall not apply to or limit the rights or obligees of the Authority to foreclose or otherwise enforce and mortgage or other security of the Authority or to pursue any remedies for the enforcement of any lien or pledge given by the Auth ority upon its rents, fees or revenues, or to the rights of the Federal G overnment to pursue any remedies conferred upon it by federal law, any contract or the

f any lien or pledge given by the Auth ority upon its rents, fees or revenues, or to the rights of the Federal G overnment to pursue any remedies conferred upon it by federal law, any contract or the provisions of this Article. (b) The property of the Authority, acquired or held for the purposes of this Article, is declared to be public property used for essential public and governmental purposes, and such property, and t he Authority, are exempt from all taxes and special assessments of th e government of Guam; provided, that with respect to any property a cquired or held for the purposes of urban renewal, such tax exemption s hall terminate when the Authority sells, leases or otherwise disposes o f such property in an urban renewal area to a purchaser or lessee which i s not entitled to tax exemption with respect to such property. (c) In lieu of taxes on its housing projects, the A uthority may agree to make such payments to the government of Guam, or to any agency or instrumentality as may be designated by the governm ent of Guam, as it finds consistent, from time to time, with the maint enance of the low-rent character of housing projects, the obligations of t he Authority,

ity as may be designated by the governm ent of Guam, as it finds consistent, from time to time, with the maint enance of the low-rent character of housing projects, the obligations of t he Authority, and the achievement of the purposes of this Article. (d) In lieu of taxes on real property in an urban r enewal area acquired and owned by the Authority as part of an u rban renewal project, the Authority may agree, from time to time and with respect to any taxable year, to make to the government of Guam suc h payments in lieu of taxes as are consistent with the achievement of the purposes of this Article. SOURCE : GC § 13926. § 5129. Expenditures; Accounting for Funds. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 41 The Authority shall make administrative, maintenanc e and operating expenditures in accordance with an annual budget, and shall account to the government of Guam, in accordance wi th applicable law, for any funds that may have been furnished to it or appropriated to its use. The Authority shall account to the Federal Gov ernment at such times as the Federal Government may require, for fu nds provided by the Federal Government, or

rnished to it or appropriated to its use. The Authority shall account to the Federal Gov ernment at such times as the Federal Government may require, for fu nds provided by the Federal Government, or derived from the proceeds of any sale of bonds or other obligations of the Authority secured by a pledge of annual contributions or other financial assistance of the Federal Government, or derived from receipts from its federally aided proj ects or operations or otherwise derived from, or through, or with the coo peration or assistance of the Federal Government. The Federal Government s hall, for the purposes of audit and examination, have access to a ny books, documents, papers and records of the Authority pertinent to it s operations with respect to financial assistance furnished by the Fe deral Government. SOURCE : GC § 13927. § 5130. Reports as to Areas to be Considered for Ho using Projects; Approval. The Authority shall submit to the Governor and the Legislature from time to time a report listing any area or area s deemed by the Authority to be suitable for consideration for hous ing project purposes.

uthority shall submit to the Governor and the Legislature from time to time a report listing any area or area s deemed by the Authority to be suitable for consideration for hous ing project purposes. The utilization of any such area or areas for such purposes shall require the approval of the Governor and the Guam Legislatu re. SOURCE : GC § 13928, as amended by P.L. 12-56. § 5131. Reports and Recommendations to Governor and Legislature. 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 additio nal legislation or other action as it deems necessary in order to carr y out the purposes of this Article. SOURCE : GC § 13929. § 5132. Construction With Other Laws. (a) Insofar as the provisions of this Article are i nconsistent with the provisions of any other law, the provisions of this Article shall be controlling; and in particular but not by way of li mitation, except as may be provided in this Article, no provision of any la w with respect to the receipt or disbursement of funds by agencies or ins trumentalities of the COL412201712 GCA AUTONOMOUS

mitation, except as may be provided in this Article, no provision of any la w with respect to the receipt or disbursement of funds by agencies or ins trumentalities of the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 42 government of Guam or employment of personnel, shal l be applicable to the Authority unless the Legislature shall specific ally so state; provided, however, that the Authority may utilize in its oper ations the procedures and facilities provided by any such law or by the e xecutive agencies of the government of Guam. (b) The provisions of Title 5 GCA shall be applicab le to the Authority except when requirements of federal law w ith respect to the expenditure of federal funds are inconsistent with the provisions of Title VII-A and under such conditions federal law shall c ontrol. SOURCE : GC § 13930 as amended by P.L. 16-124:6 (Dec. 29, 1982). 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to Title VII-A of the Government Code was altered to reflect its codification in the GCA. § 5133.

e autho rity of 1 GCA § 1606. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to Title VII-A of the Government Code was altered to reflect its codification in the GCA. § 5133. Transfer of the Guam Housing and Urban Rene wal Authority. (a) Transfer of the Guam Housing and Urban Renewal Authority. Notwithstanding any other provisions of law, the Go vernor is authorized to convey for One Dollar ($1.00) to Guam Housing an d Urban Renewal Authority all right, title and interest of the gove rnment in Lots 10122-2, Dededo (area 1,088,988 ± square feet), Lot 10124-R2, Dededo (area 1,128,753 ± square feet), Lot 10134-3, Dededo (area 1,148,793 ± square feet), Lot 10199-2, Dededo (area 1,089,011 ± square feet) and Lot 7018, Yigo (area 1,479,500 ± square feet). The five (5) parcels are to be utilized solely for the development of five hundred (500) single family homes of reinforced concrete or concrete block cons truction, with an average cost per home including on-site and off-sit e improvements, not to exceed Twenty-Eight Thousand Dollars ($28,000). The community housing development shall be on a turnkey basis.

tion, with an average cost per home including on-site and off-sit e improvements, not to exceed Twenty-Eight Thousand Dollars ($28,000). The community housing development shall be on a turnkey basis. Si te development shall conform to the standards of the Subdivision Law. Un its within the development shall be sold only to persons who agree to own and occupy the units. No unit shall be sold to any person who is a non-resident alien of the United States. (b) Preferences Governing the Sale of Units. The Au thority shall sell the units within the development according to the following preferences: COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 43 (1) First preference shall be given to persons who reside within the subject properties at the time of the effective date of this Article and who are without fee title to any developable re al property of their own upon which safe, sanitary and decent hous ing could be erected. (2) Second preference shall be given to those perso ns who are without fee title to any developable real property of their own upon which safe, sanitary and decent housing could be er ected and whose direct ancestral lands were

be given to those perso ns who are without fee title to any developable real property of their own upon which safe, sanitary and decent housing could be er ected and whose direct ancestral lands were seized by the United St ates by eminent domain. (3) Third preference shall be given to other person s domiciled within Guam who are without fee title to any develo pable real property of their own upon which safe, sanitary and decent housing could be erected and who have been residents of Gua m for not less than two (2) years. (4) Fourth preference shall be given to persons who are owner- occupants of substandard residential property and w ho are willing to divest themselves of their interest in such propert y in consideration of being given the opportunity to purchase a unit w ithin the development. (c) Any sale made in violation of the preferences s et out in Subsec- tion (b) of this Section shall be void ab initio. (d) Authority Permitted to Lease Land. The Authorit y is granted the authority to lease lots within the development to t he purchasers of the individual units upon the following terms: (1) The lease shall be for One Dollar ($1.00) for a period of fifty-five (55) years

authority to lease lots within the development to t he purchasers of the individual units upon the following terms: (1) The lease shall be for One Dollar ($1.00) for a period of fifty-five (55) years and the lessee shall have an option to renew the lease for an additional term of twenty (20) years u pon a price to be established by the Authority. (2) The lease shall contain a provision granting th e Authority the right to reacquire the original dwelling at the original sale price or at a lesser price if it has been damaged in the event the owner- occupant desires to voluntarily convey the property at any time during the first ten (10) years of the lease. Any i mprovements which are permanently affixed to the land or the dwelling shall be purchased at their fair market value in the event o f such a sale. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 44 (e) Compensation to Displaced Tenants. No person sh all be displaced from the lots transferred to GHURA pursua nt to this Section without receiving compensation representing the fai r market value of any improvements constructed or crops lost.

rson sh all be displaced from the lots transferred to GHURA pursua nt to this Section without receiving compensation representing the fai r market value of any improvements constructed or crops lost. In addition , persons so displaced shall be provided reasonable relocation assistance by the Authority. In addition, if the person so displaced meets all othe r requirements for first preference, his application shall be given the high est priority among all applicants for the purchase of a unit within the de velopment. SOURCE : GC § 13956.1, as enacted by P.L. 15-12. § 5134. Mortgagee May Own and Transfer Title to Lea sehold Without Regard to § 5133. Nothing in this Article shall prevent a mortgagee f rom foreclosing the interest of any mortgagor in default on a mortg age or deed of trust entered into as security for financing the improvem ent of a leasehold provided for by § 5133 of this Article. In the even t of foreclosure or any proceeding in lieu thereof, including assignment of lease, the mortgagee may convey the leasehold and improvement to any buy er. Such conveyance shall not be subject to any of the restr ictions of § 5133 of this Article.

ereof, including assignment of lease, the mortgagee may convey the leasehold and improvement to any buy er. Such conveyance shall not be subject to any of the restr ictions of § 5133 of this Article. SOURCE : GC § 13956.2 added by P.L. 13-193. § 5135. Sale of Lots Authorized. (a) The Guam Housing and Urban Renewal Authority sh all offer for sale each of the five hundred (500) home lots it es tablished pursuant to § 5133 and which it is authorized to lease pursuant t o Subsection (d) of that section. (b) The sale of lots authorized by Subsection (a) o f this Section shall be made to the original lessee of the lots or to th e persons, legal or natural, lawfully holding under them. (c) Each lot shall be sold for Two Thousand Five Hu ndred Dollars ($2,500). (d) Receipts from any sale shall be deposited in a special fund kept separate and apart from other funds of the governme nt of Guam. The Fund shall be known as the 'GHURA 500 Lot Sale Fund .' The custodian of the Fund shall be the Executive Director of the Guam Housing and Urban Renewal Authority. The Fund balance shall be reported to I Liheslaturan Guåhan (the Legislature) at the beginning of each quarter .

Fund shall be the Executive Director of the Guam Housing and Urban Renewal Authority. The Fund balance shall be reported to I Liheslaturan Guåhan (the Legislature) at the beginning of each quarter . COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 45 The Fund may be expended within the discretion and purview of the Board of Commissioners of the Guam Housing and Urba n Renewal Authority. SOURCE : GC § 13956.3 added by P.L. 16-090. Subsection (d ) amended by P.L. 32-194:2 (Oct. 13, 2014). ---------- ARTICLE 2 LOW INCOME HOUSING PROGRAM § 5201. Purpose. § 5202. Conveyance. § 5203. Identification of Units. § 5204. Rental Priorities. § 5205. Report. § 5206. Housing for Elderly and Handicapped Persons . § 5201. Purpose. In accordance with the powers conferred upon it by Article 1 of this Article and in conjunction with its responsibilitie s as a 'public housing agency' within the meaning of the Federal Housing A ct of 1937, as amended, as a 'local public agency' within the mean ing of Title I of the Federal Housing Act of 1949, as amended, the Board of Commissioners of Guam Housing and Urban Renewal Authority is dire cted to take cognizance of the

ic agency' within the mean ing of Title I of the Federal Housing Act of 1949, as amended, the Board of Commissioners of Guam Housing and Urban Renewal Authority is dire cted to take cognizance of the unmet housing needs for persons o f low and moderate income in the communities of Umatac, Merizo, Inaraj an, Talofofo and Agat-Santa Rita. In order to help alleviate the ser ious shortage of safe, sanitary and decent housing which exists for person s of low and moderate incomes in those communities, the Board of Commissioners shall request the U.S. Department of Housing and Ur ban Development for permission to situate the one hundred ninety-fi ve (195) low income housing units which have been authorized for constr uction funding on Guam during federal fiscal year 1979 in the aforesa id communities according to the following distribution: COMMUNITY NUMBER OF HOMES Umatac 27 Merizo 28 COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 46 Inarajan 28 Talofofo 28 Agat-Santa Rita 84 SOURCE : GC § 13957, as added by P.L. 14-111. § 5202. Conveyance. In order to facilitate the immediate construction o f the one hundred ninety-five (195) low income housing

fofo 28 Agat-Santa Rita 84 SOURCE : GC § 13957, as added by P.L. 14-111. § 5202. Conveyance. In order to facilitate the immediate construction o f the one hundred ninety-five (195) low income housing units specifie d in § 5201 of this Article, the Legislature directs that such governme nt land as is reasonably necessary for the development of the pro jects shall be conveyed in fee to the Guam Housing and Urban Renew al Authority. The Governor, subject to the approval of the Guam L egislature, is authorized to execute such documents of conveyance necessary to effectuate the transfer of title notwithstanding an y other provisions of the laws of Guam to the contrary. The Recorder of the D epartment of Land Management, upon presentation of the requisite docu ments of conveyance necessary to effectuate the transfer of title, shall record the instruments and forthwith issue Certificates of Tit le identifying the Guam Housing and Urban Renewal Authority as the own er of the fee of the properties to be conveyed. SOURCE : GC § 13958, as added by P.L. 14-111. § 5203. Identification of Units. The Director of Land Management is directed to coop erate fully with the Authority in the task of

erties to be conveyed. SOURCE : GC § 13958, as added by P.L. 14-111. § 5203. Identification of Units. The Director of Land Management is directed to coop erate fully with the Authority in the task of promptly and prop erly identifying the amounts of land in each of the communities identifi ed in § 5201 that would be reasonably necessary for the development o f the projects. The description of the work to be performed in each com munity as a project does not require that all of the units authorized f or a given community be contiguous one to another. Whenever feasible, units shall be sited so as to take advantage of the infrastructure provided by existing government subdivisions. SOURCE : GC § 13959, as added by P.L. 14-111. § 5204. Rental Priorities. The Board of Commissioners of Guam Housing and Urba n Renewal Authority, within the administrative powers conferr ed upon it by this Article and insofar as it shall be consistent with any supervening Federal law, shall develop a set of priorities in accordanc e with the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 47 Administrative Adjudication Act for the rental of t he low income housing units

iorities in accordanc e with the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 47 Administrative Adjudication Act for the rental of t he low income housing units which shall favor tenancy first by re sidents of the individual communities at the time of the enactment of this Act and secondly by former residents at the time of the ena ctment of this Act. The specific purpose of the priorities set forth is to encourage the maintenance of family units indigenous to the commu nities so that there will be no further weakening of the culturally valu able phenomenon of the 'extended family.' SOURCE : GC § 13960, as added by P.L. 14-111. § 5205. Report. The Board of Commissioners of Guam Housing and Urba n 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 thereafter until construction of all one hundred ni nety-five (195) units shall have been completed. SOURCE : GC § 13961, as added by P.L. 14-111. § 5206. Housing for Elderly and Handicapped Persons .

hereafter until construction of all one hundred ni nety-five (195) units shall have been completed. SOURCE : GC § 13961, as added by P.L. 14-111. § 5206. Housing for Elderly and Handicapped Persons . (a) In order to meet the housing needs of low-incom e elderly and handicapped persons residing in Guam, the Governor shall convey to Guam Housing and Urban Renewal Authority the follow ing pieces of real property: (1) Tract 170 (Part), Dededo, containing an area of 618,807 ± square feet, as shown on Drawing 45-1079 prepared b y Sian, DeCastro & Co., Inc. (2) Tract 170 Rem-1A, Dededo, containing an area of 355,984 ± square feet, as shown on Drawing JCTA-S-21-79 prep ared by Juan C. Tenorio & Associates. (3) Lot 471-1, Agat, containing an area of 59,584 ± square feet, Lot 471-G, Agat, containing an area of 8,91 ± square feet, and Lot 471-R1, containing an area of 118,967 ± square feet, all of which are formerly a part of Lot 266-1, Agat, and all of which are shown on Drawing JCTA-S-25-79 prepared by Juan C. Tenorio & Associates. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 48 (b) The transfer mandated by this Section shall be made by the Governor

repared by Juan C. Tenorio & Associates. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 48 (b) The transfer mandated by this Section shall be made by the Governor within sixty (60) days after the survey ma ps have been recorded by the Department of Land Management. (c) The provisions of P.L. No. 12-226 commonly know n as the 'Chamorro Land Trust Act' shall not apply to any la nd conveyed pursuant to the authority contained in Section 1 of this Section. SOURCE : GC § 13952.1, as added by P.L. 15-133. NOTE : Section 5206 Housing for the Elderly and Handicap ped was added apart from Article 2 by P.L. 15-133. However, since the p roperty was conveyed to GHURA, the Compiler deemed it more appropriate to i nclude this Section within this Article rather than placing it within Title 21 of this Code. ---------- ARTICLE 3 DEVELOPMENT OF RESIDENTIAL SUBDIVISIONS § 5301. General Definitions. § 5302. Subdivisions Identified. § 5303. Transfer to Guam Housing and Urban Renewal Authority. § 5304. Preferences. § 5305. Same: Exception. § 5306. Approval of Subdivision Plans. § 5307. Lease of Property for Use in Accordance Wit h the Plan. § 5308.

Guam Housing and Urban Renewal Authority. § 5304. Preferences. § 5305. Same: Exception. § 5306. Approval of Subdivision Plans. § 5307. Lease of Property for Use in Accordance Wit h the Plan. § 5308. Grant: Establishment of Special Fund. § 5309. Revolving Fund. § 5310. Acquisition of Substandard Dwelling. § 5311. Maintenance of Substandard Dwellings. § 5312. Permanent Disposition of Substandard Dwelli ng. § 5301. General Definitions . As used in this Article: (a) Authority means the Guam Housing and Urban Rene wal Authority. (b) Board means the Board of Commissioners of the G uam Housing and Urban Renewal Authority. (c) Grant means a sum not in excess of Seven Thousa nd Dollars ($7,000) which the Authority shall pay dire ctly to home COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 49 purchasers in accordance with rules and regulations adopted by the Board. Said rules and regulations shall include, am ong others, provisions setting forth the criteria for eligibili ty for the subsidies, provided that the subsidies shall only be available as provided in § 5307 of this Article.

ions shall include, am ong others, provisions setting forth the criteria for eligibili ty for the subsidies, provided that the subsidies shall only be available as provided in § 5307 of this Article. (d) Plan means a subdivision plan which includes, b ut is not limited to, a comprehensive development plan for a residential subdivision. The plan shall include the plotting of lots, mapping, layout and design of all streets and utilities and may include the construction of housing units for rental, lease or sale. The plan shall also include open areas and recreati onal facilities sufficient to meet the needs of the resi dents of the subdivision. The plan shall be in substantial confo rmance with the provisions of 21 GCA Chapter 62 [Subdivision Law], except where the Board finds such provisions impractical. The plan shall include provisions for relocation of persons displaced by the construction of the subdivision an d a provision for paying relocation expenses to such individuals in a ccordance with 21 GCA Chapter 17 known as the Relocation Assistanc e Act. The plan shall, to the greatest extent possible, in clude provisions for federal funding, adopted in accordan ce with the

n a ccordance with 21 GCA Chapter 17 known as the Relocation Assistanc e Act. The plan shall, to the greatest extent possible, in clude provisions for federal funding, adopted in accordan ce with the provisions of § 5305 of this Article. (e) Family means two (2) or more persons related by blood or marriage living together as a household, the head o f which is a United States citizen or permanent resident alien. (f) Person means any individual, a natural person o r head of household who is a U.S. citizen or permanent reside nt alien. (g) Developable real property means property upon w hich a residential dwelling could be built in accordance w ith applicable law without the necessity of the developer incurrin g extraordinary or unreasonable costs for the site preparation. (h) Substandard dwelling means a housing unit which is a wooden or tin structure and non-typhoon proof. SOURCE : GC § 13965, as added by P.L. 15-127. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s alpha-nume ric scheme, and the reference COL412201712 GCA AUTONOMOUS AGENCIES CH.

: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s alpha-nume ric scheme, and the reference COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 50 to the Government Code chapter in subsection (d) wa s altered to reflect the codification of this chapter and title in the GCA. § 5302. Subdivisions Identified. (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 meters as described on Drawing No. JCTA-S-07-79 and recorded in the Department of Land Management, government of Guam, on May 11, 1979 under Document No. 302213. (b) Pagachao Subdivision (Agat): Pagachao Subdivisi on, as used in this Article, means that government of Guam land lo cated in the municipality of Agat, designated as Lot 350-R5, lan d square 31, Section 1 comprised of 6,082,474 ± square feet as described on Drawing No.

Article, means that government of Guam land lo cated in the municipality of Agat, designated as Lot 350-R5, lan d square 31, Section 1 comprised of 6,082,474 ± square feet as described on Drawing No. RTDC-402-79 and recorded in the Department of Land Management, government of Guam, on May 7, 1979 under Document N o. 302067. (c) Umatac Subdivision: Umatac Subdivision, as used in this Article, means that government of Guam land located in the municipality of Umatac, designated as Lot Nos. 253-2 and 253-R2, land square 33 and 38, Sections 2 and 3 comprised of 64,189 ± square meters as described on Drawing No. JCTA-S-01-79 and recorded in the Dep artment of Land Management, government of Guam, on May 11, 1979 und er Document No. 302214. (d) Inarajan Subdivision: Inarajan Subdivision, as used in this Article, means that government of Guam land located in the municipality of Inarajan designated as Lot No. 354-R2, land squa re 37, Section 1 comprised of approximately 3,638,979 square feet/38 8,074 square meters as described on Drawing No. JCTA-S-00-3-78 and reco rded in the Department of Land Management, government of Guam, on May 11, 1979 under Document No. 302215.

38,979 square feet/38 8,074 square meters as described on Drawing No. JCTA-S-00-3-78 and reco rded in the Department of Land Management, government of Guam, on May 11, 1979 under Document No. 302215. (e) Talofofo Subdivision: Talofofo Subdivision, as used in this Article, means that government of Guam land located in the municipality of Talofofo, designated as Lot No. 402-R2, land squ are 28, Section 3 comprised of approximately 6,506,224 square feet as described on Drawing No. CC-7833T and recorded in the Department of Land Management, government of Guam, on May 11, 1979 und er Document No. 302249. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 51 (f) Maimai Subdivision (Sinajana): Maimai Subdivisi on, as used in this Article, means that government of Guam land lo cated in the municipality of Sinajana designated as Lot No. 3420 , containing an area of 173,447.45 square feet. SOURCE : GC § 13965.1, as added by P.L. 15-127. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5303. Transfer to Guam Housing and Urban Renewal Authority.

ursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5303. Transfer to Guam Housing and Urban Renewal Authority. Notwithstanding any other provisions of law, the Go vernor shall convey from the government of Guam to the Authority the subdivisions defined in § 5302 of this Article. Provided, howeve r, the Governor shall reserve for the government of Guam only such proper ty as is reasonably required for the public school now existing in the Inarajan subdivision. Provided, however, that the Governor shall reserve for the government of Guam approximately thirty-two (32) acres adjacent t o the Inarajan Junior High School in Lot 354-R2, land square 37, Section 1, as shown in Drawing JCTA-S-00-3-78 and recorded in the Departme nt of Land Management, government of Guam, on May 11, 1979 und er Document 302215. The conveyance shall be made within thirty (30) days after the passage of this Article. SOURCE : GC § 13965.2, as added by P.L. 15-127 and amended by P.L. 16-81. § 5304. Preferences. The Authority is authorized to develop and lease, f or not longer than ninety-nine (99) years, land and to sell

: GC § 13965.2, as added by P.L. 15-127 and amended by P.L. 16-81. § 5304. Preferences. The Authority is authorized to develop and lease, f or not longer than ninety-nine (99) years, land and to sell improvemen ts within any of the subdivisions enumerated or established by this Arti cle, in accordance with the approved plan for the respective subdivisi ons. Such leases of land shall be in accordance with the disposition po licy established by the Authority subject to the following preferences: (a) First preference shall be given to a person or family who is a bona fide resident or permanent resident alien wh o resided in the respective municipalities or villages where the ref erenced subdivisions are located prior to the enactment of this Article, and who is without fee title to any developable real pr operty of his own. (b) Second preference shall be given to a person or family who is without fee title to any developable real proper ty who are bona fide residents of Guam or permanent resident aliens . SOURCE : GC § 13965.3, as added by P.L. 15-127. COL412201712 GCA AUTONOMOUS AGENCIES CH.

fee title to any developable real proper ty who are bona fide residents of Guam or permanent resident aliens . SOURCE : GC § 13965.3, as added by P.L. 15-127. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 52 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5305. Same: Exception. For the purposes of § 5304 of this Article, ownersh ip by a person or family of real property upon which a substandard dw elling is constructed shall not bar the eligibility for the preferences e stablished by § 5304 of this Article if the applicant person or family was residing in such substandard dwelling on the effective date of this Article and the real property upon which the substandard dwelling is con structed is acquired by the Authority in accordance with § 5310 of this Article. SOURCE : GC § 13965.4, as added by P.L. 15-127. § 5306. Approval of Subdivision Plans. (a) The Authority shall prepare or cause to be prep ared subdivision plans and may utilize for this purpose the assistan ce and cooperation of any agency, public or private.

val of Subdivision Plans. (a) The Authority shall prepare or cause to be prep ared subdivision plans and may utilize for this purpose the assistan ce and cooperation of any agency, public or private. Prior to its adoptio n of a subdivision plan, the Authority shall submit such plan to the Territo rial Land Use Commission for review as to its conformity with the 'Comprehensive Development Plan and Community Design Plan' and 21 GCA Chapter 62 [Subdivision Law] and shall issue a decision wit hin thirty (30) days after receipt of a proposed subdivision plan from t he Authority. The Land Use Commission shall submit its review and dec ision with respect to the proposed subdivision plan to the Authority f or action. Upon approval of the plan by the Territorial Land Use Co mmission, the Authority may proceed with the public hearing presc ribed by Subsection (b) of this Section. (b) The Authority shall hold a public hearing on a proposed subdivision plan after public notice thereof. The n otice shall describe the hour, date, place and purpose of the hearing, shall generally identify the subdivision area covered by the plan and shall outl ine the general scope of the proposed subdivision

ice shall describe the hour, date, place and purpose of the hearing, shall generally identify the subdivision area covered by the plan and shall outl ine the general scope of the proposed subdivision plan. The notice shall be published at least once a week for not less than two (2) successive we eks immediately prior to the date of the hearing, the first publication t o be not less than ten (10) days prior to the date of the hearing, in at least once in a newspaper of general circulation in the community or locality in which the subdivision is situated, or, if there be no such newspaper, be posted in at least three (3) public places in the community or locality for not less than ten (10) days immediately prior to the date of the hearing. In the computation of COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 53 the period of publication or posting, both the day of the first publication or posting and the day of the hearing shall be incl uded. (c) Within sixty (60) days after conclusion of the public hearing prescribed by Subsection (b) of this Section, the A uthority shall consider and act upon the proposed subdivision plan and may, by resolution,

n sixty (60) days after conclusion of the public hearing prescribed by Subsection (b) of this Section, the A uthority shall consider and act upon the proposed subdivision plan and may, by resolution, adopt the subdivision plan. (d) Within fifteen (15) days after the adoption of a subdivision plan by the Authority, it shall transmit to the Legislat ure the following: (1) a certified copy of the subdivision plan as ado pted by the Authority, if any; (2) a summary report of the public hearing; (3) a proposed financing plan for the plan to inclu de estimated costs of subdivision activities, estimated return f rom the lease of project lands, and the proposed means of furnishing such local grants-in-aid as may be required for the project; a nd (4) a proposed relocation plan specifying a feasibl e method, including temporary relocation measures proposed fo r the relocation of families or single persons displaced as a result of the project in decent, safe and sanitary houses within their finan cial means. (e) The subdivision plan and the supporting documen tation as listed in Subsection (d) of this Section shall be submitte d by the Authority to the Legislature.

y houses within their finan cial means. (e) The subdivision plan and the supporting documen tation as listed in Subsection (d) of this Section shall be submitte d by the Authority to the Legislature. The Legislature may approve or rej ect the same by resolution adopted by majority vote, but if no acti on to approve of reject the plan is taken by the Legislature within forty-f ive (45) calendar days after receipt of the plan, it shall be deemed rejec ted. Approval of the plan shall include findings that (1) a feasible method has been found for the reloca tion of families displaced from the subdivision area into d ecent, safe and sanitary dwellings within their means and without u ndue hardship to such families; (2) the subdivision plan conforms to the Comprehens ive Plan for Guam; and (3) the subdivision plan will afford maximum opport unity, consistent with the sound needs of Guam for the reh abilitation or redevelopment of the subdivision areas. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 54 If the subdivision plan is for a subdivision plan f or which federal financial aid is contemplated under the Housing Act of 1949, as amended, the

IES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 54 If the subdivision plan is for a subdivision plan f or which federal financial aid is contemplated under the Housing Act of 1949, as amended, the approval of the plan shall also includ e findings that federal financial aid is necessary to enable the project to be undertaken in accordance with the subdivision plan; and a determi nation and recognition that certain contributions or local gra nts-in-aid on the part of Guam, as determined in accordance with the Housing Act of 1949, as amended, and other applicable law, will be required for the subdivision plan. (f) Upon approval of a subdivision plan by the Legi slature, the Authority shall authorize the undertaking of the pl an by the Authority in accordance with the subdivision plan. (g) Upon the approval of a subdivision plan by the Legislature, the provisions of the subdivision plan with respect to the future use and building requirements applicable to the property co vered by said plan shall be controlling with respect thereto and shall have the force and effect of law, and the Authority may thereafter car ry out the plan.

quirements applicable to the property co vered by said plan shall be controlling with respect thereto and shall have the force and effect of law, and the Authority may thereafter car ry out the plan. (h) Any subdivision plan for an approved project sh all be filed for record in the Department of Land Management in such a manner as to afford actual or constructive notice of the provisi ons of such plan. Thereafter, reference in any instrument or document to the provisions of such recorded plan and the recordation thereof shal l be for all purposes the same as though the referred to provisions were set forth in such instrument or document. SOURCE : GC § 13965.5, as added by P.L. 15-127. § 5307. Lease of Property for Use in Accordance Wit h the Plan. Subject to such requirements and procedures as the Federal Government may impose with respect to federally-aid ed subdivision plans, which shall in any event prevail: (a) The Authority may lease, for not longer than ni nety-nine (99) years, land or any interest therein acquired b y it, may sell improvements, and may enter into contracts with res pect thereto, in a subdivision for residential, recreational or for other public use, in

rs, land or any interest therein acquired b y it, may sell improvements, and may enter into contracts with res pect thereto, in a subdivision for residential, recreational or for other public use, in accordance with the subdivision plan, subject to su ch covenants, conditions and restrictions, including covenants ru nning with the land, as it may deem to be in the public interest o r necessary to assist in preventing the development or spread of f uture slums or COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 55 blighted areas or to otherwise carry out the purpos es of this Article; provided that such lease of land, sale of improveme nts and any agreements relating thereto may be made only after the approval of the subdivision plan. (b) The lessees shall be obligated to devote such l and only to the uses specified in the subdivision plan, and may be obligated to comply with such other requirements as the Authorit y may determine to be in the public interest or the Feder al Government may determine to be necessary as a condition of fed eral aid, including the obligations to begin and to complete within a reasonable time any improvements on such

interest or the Feder al Government may determine to be necessary as a condition of fed eral aid, including the obligations to begin and to complete within a reasonable time any improvements on such real prope rty required by the subdivision plan and the new uses specified therein; provided that any obligation to begin construction of improv ements shall not apply to mortgagees and others who acquire an inter est in such property as the result of the enforcement of any li en or claim thereon. (c) The Authority is authorized to lease lots in th e subdivisions authorized by this Article at their market value. (d) Special Provisions for Coastal Land. Notwithsta nding any other provisions of this Article, the Authority is authorized to exchange lots in the subdivision for lots lying wit hin the seashore reserve as defined by 21 GCA § 63103(c). Said excha nge shall be made only in the case where a person or family is r esiding on a lot within the seashore reserve and exchanges said lot for a lot within the subdivision upon which it will reside. Each of the lots will be valued at its fair market value.

r family is r esiding on a lot within the seashore reserve and exchanges said lot for a lot within the subdivision upon which it will reside. Each of the lots will be valued at its fair market value. In determining the fair value of lots in the subdivision for uses in accordance with the subdivision plan, the Authority shall take into account and give cons ideration to the uses provided in such plan; the restrictions upon a nd the covenants, conditions and obligations assumed by the owners of such lots in a subdivision area; and the objectives of such plan f or the prevention of the recurrence of slum or blighted areas. The Au thority may retain or employ qualified appraisers and land valu ation experts to appraise the value of such real property in accorda nce with the standards here prescribed, which appraisals shall b e advisory in nature only for the purpose of aiding and assisting the Authority in finding, determining and establishing the fair valu e of such real property for uses in accordance with the subdivisio n plan. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 56 No person or family shall be entitled to more than one (1)

ty for uses in accordance with the subdivisio n plan. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 56 No person or family shall be entitled to more than one (1) subdivision lot. The Board of Commissioners of the Authority shall provide rules and regulations for the implementatio n of this Section. (e) The Authority shall provide in any lease or oth er agreement that the lessee shall be without the power to suble ase or otherwise transfer the land without the prior written consent of the Authority. The Authority shall provide in any such lease or ot her agreement that the lessee shall be without power to sell, lea se or otherwise transfer any improvements upon the lot without the prior written consent of the Authority. The Authority shall provi de, in any such lease or agreement, that such real property shall r evert to or revest in the Authority at its discretion, upon a breach or v iolation of any condition, covenant, restriction, undertaking or ot her requirements relating to the use of the property or otherwise wi thout relieving any lessee of any obligation assumed by such lessee, an d without liability on the part of the Authority for

or ot her requirements relating to the use of the property or otherwise wi thout relieving any lessee of any obligation assumed by such lessee, an d without liability on the part of the Authority for any clai m arising from such retesting or reversion. The Authority, upon a certi fication by it to a court of competent jurisdiction that any lessee has breached or violated any condition, covenant, restriction, unde rtaking or requirement, shall be entitled to immediate relief (without bond or liability for damages) restraining and enjoining an y such breach or violation, pending the determination of the issues in the controversy. (f) The lease or other agreement for each lot shall contain a restraint on the alienation of improvements on the lot for a period of ten (10) years after the lease is executed. The lea se or other agreement shall grant the Authority an option, afte r the initial ten (10) year period, to purchase the improvements on s aid lot at the fair market value of the improvements. The Authority sha ll sell the improvements to a person or family qualifying to le ase the lot under § 5304 of this Article.

the improvements on s aid lot at the fair market value of the improvements. The Authority sha ll sell the improvements to a person or family qualifying to le ase the lot under § 5304 of this Article. The Authority shall provide by rule or regulation for the purchase of improvements on such lots under uniform conditions. The restraint provided for by t his Section shall not prohibit the transfer of such improvements by d evise or descent if the beneficiary qualifies under § 5304 of this A rticle to lease the lot. Nothing in this Article shall prevent a mortga gee from foreclosing the interest of any mortgagor in defaul t on a mortgage or deed of trust entered as security for financing the improvement of a lot in one of the subdivisions identified in § 5302 of this Article. In the event of foreclosure or any proceeding in lieu thereof, the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 57 mortgagee may convey the improvement to any buyer. Such conveyance shall not be subject to any of the restr ictions of § 5303 of this Article. (g) The inclusion in any such lease or other agreem ent of any of the covenants, restrictions or conditions provid ed

yance shall not be subject to any of the restr ictions of § 5303 of this Article. (g) The inclusion in any such lease or other agreem ent of any of the covenants, restrictions or conditions provid ed in Subsections (a), (b), (c) and (d) of this Section including the incorporation by reference therein of the provisions of a subdivisio n plan or any part thereof, shall not prevent the filing of such contr act or conveyance in the Department of Land Management in such a mann er as to afford actual or constructive notice thereof. (h) Real property acquired by the Authority which, in accordance with the provisions of the subdivision p lan, is to be leased, shall be leased as rapidly as feasible in t he public interest consistent with the carrying out of the provisions of the subdivision plan. SOURCE : GC § 13965.6, as added by P.L. 15-127. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to the Government Code section in subsection (d) was alter ed to reflect the codification of this section in the GCA. § 5308. Grant: Establishment of Special Fund. There is authorized to be appropriated the sum of T wo Hundred Fifty Thousand Dollars ($250,000) to the Guam Housi

dification of this section in the GCA. § 5308. Grant: Establishment of Special Fund. There is authorized to be appropriated the sum of T wo Hundred Fifty Thousand Dollars ($250,000) to the Guam Housi ng and Urban Renewal Authority (GHURA) for the purpose of subsid izing directly home purchasers under Preferences 1 and 2 due to in sufficient income, who would not otherwise qualify for home mortgage f inancing. In no case shall such grant exceed Seven Thousand Dollars ($7,000) per purchaser. A special fund shall be established to a ccount for the subsidies herein authorized under rules and regulations adopt ed therefor by the Guam Housing and Urban Renewal Authority. Such rule s and regulations shall include, among other things, prov isions setting forth the criteria for eligibility to the subsidies. SOURCE : GC § 13965.7, as added by P.L. 15-127. § 5309. Revolving Fund. There is appropriated from the General Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000) to the Gu am Housing and Urban Renewal Authority (GHURA) for the purpose of establishing a revolving fund. The money in the revolving fund sha ll be used for the COL412201712 GCA AUTONOMOUS AGENCIES CH.

the Gu am Housing and Urban Renewal Authority (GHURA) for the purpose of establishing a revolving fund. The money in the revolving fund sha ll be used for the COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 58 purpose of meeting current obligations incurred in the development or construction of the subdivisions in this Article an d to acquire substandard dwellings. The Board shall authorize current paymen ts to its contractors or suppliers and proceeds of sales in the housing p roject shall be deposited in the fund. SOURCE : GC § 13965.8, as added by P.L. 15-127. § 5310. Acquisition of Substandard Dwelling. (a) The Authority is authorized to acquire the real property upon which a substandard dwelling is constructed when su ch substandard dwelling is occupied by a family who were if not fo r ownership of such real property, would otherwise be eligible for a pr eference classification under § 5304 of this Article. (b) The acquisition of such real property shall be in accordance with such terms and conditions as the Board shall prescr ibe by uniform regulation. SOURCE : GC § 13965.9, as added by P.L. 15-127.

e. (b) The acquisition of such real property shall be in accordance with such terms and conditions as the Board shall prescr ibe by uniform regulation. SOURCE : GC § 13965.9, as added by P.L. 15-127. 2013 NOTE: Subsection designations added to adhere to the Co mpiler’s alpha- numeric scheme in accordance to the authority grant ed by 1 GCA § 1606. § 5311. Maintenance of Substandard Dwellings. Upon acquisition of title of real property upon whi ch substandard dwellings are constructed, the Authority shall take such steps as are necessary to protect the health and safety of perso ns living in the immediate vicinity of said dwellings and to this en d, the Authority may cause such dwellings to be razed or rehabilitated. The Authority may temporarily convert such real property into parks, devote it to some other public use or utilize it for low-rent public housin g after appropriate rehabilitation. SOURCE : GC § 13966, as added by P.L. 15-127. § 5312. Permanent Disposition of Substandard Dwelli ng. From time to time, the Authority shall prepare comp rehensive plans for the redevelopment of real property that it acqu ires in accordance with § 5310 of this Article.

ition of Substandard Dwelli ng. From time to time, the Authority shall prepare comp rehensive plans for the redevelopment of real property that it acqu ires in accordance with § 5310 of this Article. The plans may provide for t he selling, leasing or renting of said property with or without improvemen ts. The property may also be turned over to other branches of the Go vernment. On approval of the plan by the Board of Commissioners, the property shall be disposed of or utilized in accordance with said plan. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 59 SOURCE : GC § 13966.1, as added by P.L. 15-127. ---------- ARTICLE 4 DEVELOPMENT OF AS-TUMBO SUBDIVISION § 5401. General Definitions. § 5402. Subdivisions Identified. § 5403. Transfer to Guam Housing and Urban Renewal Authority. § 5404. Development of Subdivision. § 5405. Sale of Lots. § 5406. Selection of Buyers. § 5407. Same: Time Period. § 5408. Disposal of Property for Use in Accordance With Plan. § 5409. As-Tumbo Subdivision Fund. § 5410. Land Use Permits and Agricultural Permit Pr ogram Tenants. § 5411. Rules and Regulations. § 5412. Development of Affordable Housing. § 5413.

ance With Plan. § 5409. As-Tumbo Subdivision Fund. § 5410. Land Use Permits and Agricultural Permit Pr ogram Tenants. § 5411. Rules and Regulations. § 5412. Development of Affordable Housing. § 5413. Sale of Affordable Homes. § 5414. Deed Covenants. § 5415. Resale or Conveyance. § 5401. General Definitions. As used in this Article: (a) Authority means the Guam Housing and Urban Rene wal Authority. (b) Board means the Board of Commissioners of the G uam Housing and Urban Renewal Authority. (c) Plan means that subdivision plan described in t he Consolidation Survey Map of Lot Numbers 10124-1, 10 124-2 and 10124-3, Dededo, Guam into Tract 240, and in the Su bdivision Survey Map of Tract 240, Dededo, Guam for single-fa mily dwellings and for two-family duplex dwellings. ‘Du plex’ means a residential building containing two (2) separate dw elling units, either side-by-side or one (1) above the other. Th e plan shall include: COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 60 (1) the platting of lots, mapping, layout and desig n of all street and utilities; (2) the provision of open spaces and recreational f acilities sufficient to meet the needs of

N RENEWAL AUTHORITY 60 (1) the platting of lots, mapping, layout and desig n of all street and utilities; (2) the provision of open spaces and recreational f acilities sufficient to meet the needs of the residents of th e subdivision; and (3) the requirement that duplexes may only be const ructed on lots within the subdivision that are serviced by adequate sewer lines, as certified in writing by Guam Waterw orks Authority and the Guam Environmental Protection Age ncy. The plan shall otherwise be in substantial conforma nce with the provisions of 21 GCA Chapter 62 (Subdivision Law), except where the Board finds such provisions impractical. The plan shall also provide adequate protection for the sink hole, and for a safety margin to prevent any development in the s ink hole, and shall include provisions to relocate persons di splaced by the construction of the subdivision and to pay relo cation expenses to such displaced persons. (d) The plan mentioned in (c) above shall, to the g reatest extent possible, include provisions for federal funding. S pecifically, the Authority is directed to use Six Hundred Thousand D ollars ($600,000) made available or to be made available t o it by

test extent possible, include provisions for federal funding. S pecifically, the Authority is directed to use Six Hundred Thousand D ollars ($600,000) made available or to be made available t o it by the Secretary of the United States Department of Housin g and Urban Development as a disbursement from the Secretary’s discretionary funds. (e) Family means two (2) or more persons related by blood or marriage living together as a household, the head o f which is a United States citizen or permanent resident. (f) Single person means an adult who is unmarried, widowed, divorced or is living separately from his spouse in accordance with a decree of separate maintenance entered by a court o f competent jurisdiction. SOURCE : GC § 13940, as added by P.L. 14-138. Subsection ( 3) repealed and reenacted by P.L. 22-70:2; amended by P.L. 25-114:2 . 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5402. Subdivisions Identified. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 61 As-Tumbo Subdivision as used in this Article means the cadastral Lot Nos.

heme. § 5402. Subdivisions Identified. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 61 As-Tumbo Subdivision as used in this Article means the cadastral Lot Nos. 10124-R3, 10124-1, Part of Lot 10123 as sh own on Land Management Map No. 364-FY74, said land located in t he area known as- Tumbo in the municipality of Dededo. SOURCE : GC § 13941, as added by P.L. 14-138. 2013 NOTE: Subsection designation deleted to adhere to the C ompiler’s general codification scheme in accordance to the authority granted by 1 GCA § 1606. § 5403. Transfer to Guam Housing and Urban Renewal Authority. Notwithstanding any other provision of law, all tit le and interest in the subdivision defined in § 5402 of this Article, is hereby transferred to the Guam Housing and Urban Renewal Authority. The G overnor shall, within thirty (30) days of the passage of this Act, cause the necessary deeds and other papers to be executed and recorded at the Department of Land Management, government of Guam, to reflect the fact that title to said subdivision has been transferred to the Guam H ousing and Urban Renewal Authority. SOURCE : GC § 13942, as added by P.L. 14-138. § 5404.

nt, government of Guam, to reflect the fact that title to said subdivision has been transferred to the Guam H ousing and Urban Renewal Authority. SOURCE : GC § 13942, as added by P.L. 14-138. § 5404. Development of Subdivision. The Authority is authorized and directed to cause t he development of the subdivision in accordance with the subdivisi on plan described in the Consolidation Survey Map of Lots Nos. 10124-1, 10124-2 and 10124-R3, Dededo, into Tract 240 and in the Subdivi sion Survey Map of Tract 240 for single-and two-family residential dwe llings and in order to do so, may enter into contracts with other governme nt agencies or private companies for all necessary service SOURCE : GC § 13943, as added by P.L. 14-138. Amended by P .L. 22-70:3. § 5405. Sale of Lots. Notwithstanding any law, rule or regulation to the contrary, the Authority is authorized to sell lots within the sub division established by this Chapter for less than fair market value. Such sales shall be made only to either a single person or a family who are bona fide residents of Guam. Such sales shall be in accordance with and li mited to the following preferences: (a) First preference shall be given to

nly to either a single person or a family who are bona fide residents of Guam. Such sales shall be in accordance with and li mited to the following preferences: (a) First preference shall be given to those famili es who were, on August 25, 1978, residing within the subdivision area under a Land Management Land Use Permit and continue to res ide there, or COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 62 to families who reside under a Land Management Land Use Permit or Department of Agriculture Land Use Permit on gov ernment land which has been designated as a water conservation a rea as indicated on the Bureau of Planning Land and Water Natural Re sources Map who are without fee title to any real property, in or out of the territory, and whose income does not exceed the lim its established for a low-income family or a single person residing in low rent housing projects operated by the Authority. (b) Second preference shall be given to those famil ies or heads of a household, as defined by the U.S. Internal Rev enue Code, who are, pursuant to a Land Management Land Use Permit, residing on government land designated as a low density area on the

ies or heads of a household, as defined by the U.S. Internal Rev enue Code, who are, pursuant to a Land Management Land Use Permit, residing on government land designated as a low density area on the Bureau of Planning Land and Natural Resources Map, are withou t fee title to any real property in or out of the territory, and w hose income does not exceed the limits established for a low-income family or a head of a household, as defined by the U.S. Internal Rev enue Code, residing in low rent housing projects operated by t he Authority. (c) Third preference shall be given to the other el igible families residing on government land under a Land Management Land Use permit who are without fee title to any real proper ty in or out of the territory, and whose income does not exceed the lim its established for a low-income family or a head of a household, a s defined by the U.S. Internal Revenue Code, residing in low rent ho using projects operated by the Authority. (d) Fourth preference shall be given to tenants of low-rent housing programs operated by the Guam Housing Corpo ration or the Authority who are without fee title to any real property in or out of the territory, and whose

shall be given to tenants of low-rent housing programs operated by the Guam Housing Corpo ration or the Authority who are without fee title to any real property in or out of the territory, and whose income does not exceed the limits established for a low-income family or a head of a household, as defined by the U.S. Internal Revenue Code, residing in low rent housing projects operated by the Authority. (e) Except for those families who were on August 25 , 1978, residing within the As-Tumbo Subdivision, in carryi ng out the provisions of this section, the Authority shall req uire a sworn statement from each applicant except first preferen ce applicants as to such applicant’s ownership of land in Guam or el sewhere. Each deed shall be subject to a right of reverter to the Authority if (1) such statement on non-ownership was false or COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 63 (2) the grantee(s) sells or leases to a third party any of the property after the date of execution of the deed. (f) Families who reside in water conservation areas under the First Preference, and those eligible under the Seco nd, Third and Fourth Preferences set out

rty after the date of execution of the deed. (f) Families who reside in water conservation areas under the First Preference, and those eligible under the Seco nd, Third and Fourth Preferences set out in this Section 13944 sh all be chosen by lottery to be conducted no later than June 30, 1990 . SOURCE : GC § 13944, as added by P.L. 14-138. Amended by P .L. 20-113:1. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 5406. Selection of Buyers. The Authority shall, by resolution, establish an ap plication period or periods of reasonable length. During the applicatio n period, the Authority shall accept applications to purchase lot s within the subdivision. After the close of the application per iod, the Authority shall review all applications and for applicant families or single persons who are found eligible assign preferences to each appli cation. Within each preference, a priority number shall be assigned. Sa id priority number shall be established by lot. The Authority shall di spose of the lots by selling them first to first preference families or single persons in the order of

ber shall be assigned. Sa id priority number shall be established by lot. The Authority shall di spose of the lots by selling them first to first preference families or single persons in the order of their respective priority numbers. When al l families or single persons submitting first preference applications ha ve been offered lots, the remaining lots shall then be offered in the sam e manner to second preference applicant families or single persons wit h any remaining lots then offered in the same manner to third preference applicant families or single persons and if any lots then remain, such lo ts are to be offered to fourth families in the same manner. The priority nu mber system shall be used to determine which purchaser shall be entitled to which lot and shall also govern in the case that there are more purchas ers in a preference category than lots available. SOURCE : GC § 13945, as added by P.L. 14-138. § 5407. Same: Time Period. The sale of lots shall begin as soon as practicable after the close of the application period. After determination of elig ibility, each applicant shall, prior to the expiration of a time set by the Authority, make arrangement to purchase his

cticable after the close of the application period. After determination of elig ibility, each applicant shall, prior to the expiration of a time set by the Authority, make arrangement to purchase his lot. The Authority shal l time the expiration of the application period and the other time period s involved in such a COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 64 manner that contracts for sale of all lots will hav e been entered into by the estimated date of completion for the subdivisio n. SOURCE : GC § 13946, as added by P.L. 14-138. § 5408. Disposal of Property for Use in Accordance With Plan. Subject to such requirements and procedures as may be imposed as a condition of and which shall in any event prevail : (a) The Authority may sell real property or any int erest therein acquired by it and may enter into contracts with re spect thereto in the subdivision area for residential use in accorda nce with the subdivision plan subject to such covenants, conditi ons and restrictions, including covenants running with the land as it may deem to be in the public interest or necessary to a ssist in preventing the development or spread of future

ovenants, conditi ons and restrictions, including covenants running with the land as it may deem to be in the public interest or necessary to a ssist in preventing the development or spread of future slums or blight ed areas or to otherwise carry out the purposes of this Article; p rovided that such sale may be only after the approval of the subdivis ion plan and installation of sewer lines. (b) The purchasers and their successors and assigns shall be obligated to devote such real property only to the same specified in the subdivision plan and may be obligated to comply with such other requirements as the Authority may determine t o be in the public interest or the Federal Government may deter mine to be necessary as a condition of federal aid, including the obligations to begin and to complete within a reasonable time any improvements on such real property required by the subdivision p lan and the new uses specified therein; provided that any obligatio n to begin construction of improvements shall not apply to mor tgagees and others who acquire an interest in such property as the result of the enforcement of any lien or claim thereon.

any obligatio n to begin construction of improvements shall not apply to mor tgagees and others who acquire an interest in such property as the result of the enforcement of any lien or claim thereon. (c) The Authority is authorized to sell the lots in the subdivision authorized by this Chapter at less than fair market value of the lots; provided, that the price of a lot shal l not exceed Two Thousand Five Hundred Dollars ($2,500). The Authori ty shall collect a down payment of ten percent (10%) of the purchase price of each lot, but not to exceed Two Hundred Fifty Do llars ($250), and shall institute a periodic payment plan to cove r the payment of the balance of the purchase price, which plan shall not exceed three (3) years. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 65 (d) Except as provided for in §§ 5414 and 5415 of t his Article, the Authority in any instrument of conveyance to a purchaser may provide that such purchaser shall be without the po wer to sell, lease or otherwise transfer the real property without the prior written consent of the Authority until the person has compl eted the construction of any and all improvements which

the po wer to sell, lease or otherwise transfer the real property without the prior written consent of the Authority until the person has compl eted the construction of any and all improvements which the person has obligated that person to construct thereon, and the Authority may provide, in any such instrument of conveyance, that such real property shall revert to or revest in the Authority , at its discretion, upon a breach or violation of any condition, covena nt, restriction, undertaking or other requirements relating to the u se of the property or otherwise without relieving any purchaser and su ccessors or assigns of any obligation assumed by such purchaser , and without liability on the part of the Authority for any clai m arising from such retesting or reversion. The Authority, upon a cert ification by it to a court of competent jurisdiction that any purchaser, their successors and assigns has breached or violated any condition, covenant, restriction, undertaking or requirement, shall be e ntitled to immediate relief, without bond or liability for dam ages, restraining and enjoining any such breach or violation, pending the determination of the issues in the controversy.

nt, shall be e ntitled to immediate relief, without bond or liability for dam ages, restraining and enjoining any such breach or violation, pending the determination of the issues in the controversy. (e) The inclusion in any such contract or conveyanc e to a purchaser of any of the covenants, restrictions or conditions provided in Subsections (a), (b), (c) and (d), incl uding the incorporation by reference therein of the provision s of a subdivision plan or any part thereof shall not prevent the fili ng of such contract or conveyance in the Department of Land Management in such a manner as to afford actual or constructive notice t hereof. (f) Real property acquired by the Authority which, in accordance with the provisions of the subdivision p lan is to be transferred, shall be transferred as rapidly as fea sible in the public interest consistent with the carrying out of the pr ovisions of the subdivision plan. (g) Where necessary, the Authority shall assist app licants in arranging for financing of such purchase at terms f avorable to the applicant and in so doing, the Authority is directe d to take cognizance of such programs as are available from t he Farmer’s Home

arranging for financing of such purchase at terms f avorable to the applicant and in so doing, the Authority is directe d to take cognizance of such programs as are available from t he Farmer’s Home Administration, Federal Housing Administration , Veterans COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 66 Administration, Guam Housing Corporation and other federal and local lenders and guarantors, both public and priva te. SOURCE : GC § 13947, as added by P.L. 14-138. Paragraph (c ) amended by P.L. 22-70:4. Subsection (d) amended by P.L. 25-129:3. § 5409. As-Tumbo Subdivision Fund. The sum of Three Hundred Thousand Dollars ($300,000 ) is hereby transferred from the revolving fund created by Sect ion 3 of P.L. 14-5 as amended by P.L. 14-57, 14-92 and 14-137, to the Gua m Housing and Urban Renewal Authority (GHURA) for the purpose of establishing the As-Tumbo Subdivision Revolving Fund. The money in s aid revolving fund shall be used for the purpose of meeting curre nt obligations incurred in the development or construction of the subdivision in this Article.

ivision Revolving Fund. The money in s aid revolving fund shall be used for the purpose of meeting curre nt obligations incurred in the development or construction of the subdivision in this Article. The Board shall authorize current payments to its contractors or suppliers and proceeds of sales of lots in the subd ivision shall be deposited in the fund. Any balance remaining at the conclusion of the project shall be paid over to the General Fund. SOURCE : GC § 13948, as added by P.L. 14-138. § 5410. Land Use Permits and Agricultural Permit Pr ogram Tenants. The Director of Land Management shall give written notification to all tenants under Land Use Permits and the Agricult ural Permit Program that they may be eligible for a lot in the subdivis ion and shall furnish a list of such tenants to the Authority on the first day of the application period established in § 5407 of the Article. SOURCE : GC § 13949, as added by P.L. 14-138. § 5411. Rules. (a) The Board shall promulgate reasonable rules and regulations, pursuant to the Administrative Adjudication Law, to effect the purpose of this Chapter, which regulations shall include re quirements that: (1) the grantee(s) must personally

e rules and regulations, pursuant to the Administrative Adjudication Law, to effect the purpose of this Chapter, which regulations shall include re quirements that: (1) the grantee(s) must personally occupy the prope rty conveyed and not lease it to others; (2) the property may not be conveyed by the grantee (s) to a third party, except that a mortgage to a bona fide lending institution or a non-profit corporation organized under the law s of Guam that has been approved by GHURA to secure funds to const ruct a COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 67 residence on the property shall not be a violation of such rule, even if such mortgage is foreclosed; and (3) each deed of conveyance shall contain a right o f reverter clause to the Authority in the event such regulatio ns are violated. (b) Exception. Notwithstanding any law, rule or reg ulation to the contrary, the Board is authorized to grant an excep tion to the As Tumbo Subdivision or other Guam Housing and Urban Renewal Authority (GHURA) Subdivisions program requirements to allow a grantee(s) to lease conveyed property temporarily while receiving extended rehabilitative or life

r other Guam Housing and Urban Renewal Authority (GHURA) Subdivisions program requirements to allow a grantee(s) to lease conveyed property temporarily while receiving extended rehabilitative or life threatening medical treatmen t off island. GHURA shall promulgate any rules, regulations, and/or pro cedures to effectuate this act, including provisions to document and veri fy that treatment as certified by two (2) licensed physicians is not ava ilable on island and that the off island treatment has been scheduled through the Administrative Adjudication Law. Additionally, the grantee(s) shal l report to the Board periodically on the status of their treatment. With in sixty (60) days after enactment of this Act, the GHURA Board shall develo p and submit the rules and regulations required under this Section p ursuant to the Administrative Adjudication Law. (c) Notwithstanding any law, rule or regulation to the contrary, any grantee who is permitted the construction of a dupl ex dwelling in the conveyed property in the Subdivision is hereby auth orized to rent or lease one (1) unit of the duplex dwelling to a thir d party.

antee who is permitted the construction of a dupl ex dwelling in the conveyed property in the Subdivision is hereby auth orized to rent or lease one (1) unit of the duplex dwelling to a thir d party. The Authority may establish and provide a list of prospective les sees pursuant to this Subsection who qualify as low or moderate income fa milies. SOURCE : GC § 13950, as added by P.L. 14-138. Amended by P .L. 20-113:2. Amended by P.L. 24-138:2. Subsection (c) added by P .L. 25-114:3. Subsection (a) amended by P.L. 25-129:3. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered in subsection (a) to adhere to the Compiler’s alpha-numeric scheme. § 5412. Development of Affordable Housing. Effective March 1, 2000, the Authority may, notwith standing any law, rule or regulation to the contrary, develop af fordable housing within the As-Tumbo Subdivision on any lot that has not ye t been conveyed to a buyer in accordance with the provisions of this Art icle, including: COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 68 (a) lots that have been assigned to an applicant, b ut for which the applicant has not

this Art icle, including: COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 68 (a) lots that have been assigned to an applicant, b ut for which the applicant has not entered into a contract of sa le with the Authority; and (b) lots that are subject to a contract of sale, wh ere the buyer has defaulted on the contract or breached a provisi on thereof, or where the contract has been rescinded, cancelled or otherwise terminated. SOURCE : Added by P.L. 25-129:4. § 5413. Sale of Affordable Homes. (a) Notwithstanding any law, rule or regulation to the contrary, the Authority shall sell the properties developed pursu ant to § 5412 of this Article for less than fair market value to families or heads of households who are lawful permanent residents or citizens of t he United States and who are bona fide residents of Guam. (b) Such sales shall be in accordance with and limi ted to the following preferences: (1) first preference shall be given to tenants of l ow-rent housing programs operated by the Guam Housing Corpo ration or the Authority and adult children of grantees of lot s in the As-Tumbo Subdivision who are without fee title to any real p roperty of

rent housing programs operated by the Guam Housing Corpo ration or the Authority and adult children of grantees of lot s in the As-Tumbo Subdivision who are without fee title to any real p roperty of their own in or out of Guam and who qualify as low or mod erate income; and (2) second preference shall be given to any residen t of Guam without fee title to any real property in or out of Guam and who qualifies as low or moderate income. (c) In carrying out the provisions of this Section, the Authority shall require a sworn statement from each applicant as to such applicant’s ownership of land on Guam or elsewhere. In case th e applicant is a lessee of a Chamorro Land Trust residential lot, th e applicant shall, immediately upon the purchase of a property or an a ffordable home in the As-Tumbo Subdivision, cancel or surrender the a pplicant’s lease of the residential lot with the Chamorro Land Trust Co mmission. (d) The prospective purchaser shall secure approved loan or financing for the construction or purchase of a res idence, or a conditional letter of intent or the equivalent. COL412201712 GCA AUTONOMOUS AGENCIES CH.

ctive purchaser shall secure approved loan or financing for the construction or purchase of a res idence, or a conditional letter of intent or the equivalent. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 69 (e) Each deed shall be subject to a right of revert er to the Authority if: (1) such statement on non-ownership was false; or (2) the grantee(s) sells or leases to a third party any of the property after the date of execution of the deed co ntrary to the provisions of this Article. (f) The Authority shall, by resolution, establish a n application period or periods of reasonable length. During the application period, the Authority shall accept applications to purchase homes within the Subdivision. After the close of the application pe riod, the Authority shall review all applications, and for applicant fa milies or heads of households who are found eligible, assign preferenc es to each application. Within each preference, a priority nu mber shall be assigned. Said priority number shall be established by lot. The Authority shall dispose of the homes by selling them first to first preference families or heads of households in the order of

shall be assigned. Said priority number shall be established by lot. The Authority shall dispose of the homes by selling them first to first preference families or heads of households in the order of their respectiv e priority numbers. When all families or heads of households submitting first preference applications have been offered homes, the remaining homes shall then be offered in the same manner to second preference app licant families or heads of households. The priority number system sh all be used to determine which purchaser shall be entitled to whic h home and shall also govern in the case that there are more purchasers i n a preference category than homes available. (g) The sale of homes shall begin as soon as practi cable after the close of the application period. After determinati on of eligibility, each applicant shall, prior to the expiration of a time set by the Authority, make arrangement to purchase his or her home. (h) As used in §§ 5413-5415: (1) ‘First-time homeowner’ means any family or head of a household who has not had any ownership interest in a home within the five (5) years preceding the date of applicatio n, or had an ownership interest in a home

omeowner’ means any family or head of a household who has not had any ownership interest in a home within the five (5) years preceding the date of applicatio n, or had an ownership interest in a home within the five (5) ye ar preceding the date of application, but such interest was terminat ed by a decree of divorce or operation of law; (2) ‘Low or moderate income’ means a family whose i ncome does not exceed eighty percent (80%) of the median income for Guam, as defined in the U.S. Department of Housing Urban COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 70 Development’s housing assistance programs administe red by the Authority; and (3) ‘Resident of Guam’ means a United States citize n or permanent resident alien who has resided on Guam fo r a period of not less than five (5) years immediately preceding the date of application. An individual who has not been a five (5) year resident for the period immediately preceding the date of ap plication shall be deemed a resident of Guam if the applicant’s reside ncy change was due to active service in the United States Armed Fo rces, or for attendance on a full-time basis at an institution o f higher

all be deemed a resident of Guam if the applicant’s reside ncy change was due to active service in the United States Armed Fo rces, or for attendance on a full-time basis at an institution o f higher education; provided, that the applicant was a five (5) year re sident for the period immediately preceding the start of such acti ve duty or education. SOURCE : Added by P.L. 25-129:5. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered in subsection (e) to adhere to the Compiler’s alpha-numeric scheme. § 5414. Deed Covenants. (a) Except as provided for in § 5415 of this Articl e, the deeds conveying the properties developed pursuant to § 54 12 of this Article shall, among other provisions agreed by the Board, contain: (1) a covenant that for a period of ten (10) years commencing on the date of the conveyance, the grantee(s) or th e heirs of the grantee(s) must personally occupy the property conv eyed and not lease it to others; (2) a covenant that for a period of ten (10) years commencing on the date of the conveyance, the grantee(s), may not convey or otherwise alienate the property to a third party, e xcept that a mortgage to a bona

ant that for a period of ten (10) years commencing on the date of the conveyance, the grantee(s), may not convey or otherwise alienate the property to a third party, e xcept that a mortgage to a bona fide lending institution to secu re funds to purchase or construct a residence on the property o r, that a mortgage to a non-profit corporation organized under the law s of Guam that has been approvedby GHURA for the purpose of constr ucting a residence on the property, shall not be a violation of such rule even if such mortgage is foreclosed; and (3) a right of reverter clause to the Authority in the event that any of the conditions, covenants or restrictions of the deed are violated. COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 71 (b) Except as provided for in § 5415 of this Articl e, any covenants or restrictions in all existing deeds granted by th e Authority pursuant to § 5401 through § 5411 of Title 12 of the Guam Code An notated, are hereby and shall be deemed to be amended to termina te ten (10) years after the initial conveyance. As soon as practicab le after the effective date of this provision, the Authority shall record with the

by and shall be deemed to be amended to termina te ten (10) years after the initial conveyance. As soon as practicab le after the effective date of this provision, the Authority shall record with the Department of Land Management a document and release noting such amendment with respect to all affected lot numbers, and shall also give public notice of such amendment. SOURCE : Added by P.L. 25-129:6. § 5415. Resale or Conveyance. Notwithstanding any other provisions of law, rule o r regulation to the contrary: (a) after a period of one (1) year from the date of purchase of a lot or home pursuant to this Article, any grantee(s ) may sell, convey or otherwise transfer the lot or home to that perso n’s family member who is without fee title to any real property of th at person’s own, and whose income does not exceed the limits establi shed for a low or medium income family or a head of a household re siding in low rent housing projects operated by the Authority; pr ovided, that in case of a sale, the prospective purchaser shall sec ure approved loan or financing for the construction or purchase of a residence, or a conditional letter of intent or the equivalent.

vided, that in case of a sale, the prospective purchaser shall sec ure approved loan or financing for the construction or purchase of a residence, or a conditional letter of intent or the equivalent. In case the prospective purchaser is a lessee of a Chamorro Land Trust resi dential lot, the applicant shall, immediately upon the purchase of a property or an affordable home in the As-Tumbo Subdivision, cancel or surrender that person’s lease of the residential lot with the Chamorro Land Trust Commission. (b) After a period of five (5) years from the date of purchase of a lot or home pursuant to this Article, any grantee (s) may sell, convey or otherwise transfer the lot or home to a f irst-time homeowner who is a resident of Guam and whose incom e does not exceed the limits established for a low or medium i ncome family or a head of a household residing in low rent housing projects operated by the Authority; provided, that in case of a sale, the prospective purchaser secures approved loan or financing for th e construction of a residence, or a conditional letter of intent or t he equivalent.

e Authority; provided, that in case of a sale, the prospective purchaser secures approved loan or financing for th e construction of a residence, or a conditional letter of intent or t he equivalent. In case the prospective purchaser is a lessee of a Cha morro Land Trust COL412201712 GCA AUTONOMOUS AGENCIES CH. 5 GUAM HOUSING AND URBAN RENEWAL AUTHORITY 72 residential lot, the applicant shall, immediately u pon the purchase of a property or an affordable home in the As-Tumbo Su bdivision, cancel or surrender the applicant’s lease of the re sidential lot with the Chamorro Land Trust Commission. SOURCE : Added by P.L. 25-129:7. ---------- COL4122017