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HARRY HUGHES, Governor
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1563
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(I) (1) TO EXERCISE ITS POWERS AS GRANTED BY THIS ARTICLE,
IRRESPECTIVE OF THE FACT THAT SUCH ACTIVITIES MAY SUPPLANT
DISPLACE OR LIMIT FREE ECONOMIC COMPETITION.
(2) THE POWERS GRANTED TO AN AUTHORITY PURSUANT TO
THIS SUBSECTION SHALL NOT BE CONSTRUED:
(I) TO GRANT TO THE AUTHORITY POWERS IN ANY
SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE AUTHORITY BY OTHER
PUBLIC GENERAL OR PUBLIC LOCAL LAW;
(II) TO RESTRICT THE AUTHORITY FROM EXERCISING
ANY POWER GRANTED TO THE AUTHORITY BY OTHER PUBLIC GENERAL OR
PUBLIC LOCAL LAW OR OTHERWISE; NOR
(III) TO AUTHORIZE THE AUTHORITY OR ITS
OFFICERS TO ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER
UNDER OTHER PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR
OTHERWISE .; OR
(IV) TO PREEMPT OR SUPERSEDE THE REGULATORY
AUTHORITY OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC
GENERAL LAW.
8A.
(a) It is hereby found and declared that there exists
within Montgomery County a critical shortage of decent, safe and
sanitary dwelling accommodations available either to rent or
purchase which persons of eligible income can afford and that, as
a result, such persons are forced to occupy overcrowded and
congested dwelling accommodations, or are required to pay an
inordinate share of their income for shelter; that the aforesaid
conditions necessitate excessive and disproportional expenditures
of public funds for public health and safety, fire and accident
protection, and other public services and facilities; that there
exists within Montgomery County a public emergency caused by,
among other things, rapidly escalating construction costs,
operating and maintenance expenses, and the increase in
conversions of existing rental facilities to condominium
projects; that the problems created by or resulting from these
inflationary conditions and conversions are many and serious and
include major displacement of large numbers of tenants, including
elderly or handicapped individuals, from their dwelling units,
scarcity of low and moderate income units on the market when
demand for such units is increasing, inadequate numbers of rental
units available, planned or under construction to replace the
rental units being converted to condominiums and frustration of
general plan concepts of balanced housing mix and adequate
provision for housing needs of all economic segments of the
community; that the shortage of decent, safe and sanitary
dwellings cannot wholly be relieved through the operation of
private enterprise; and that the construction of housing for
persons of eligible income, and/or the expenditure of public
funds to assist in securing the production or availability of
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