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1564
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LAWS OF MARYLAND
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Ch. 510
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such housing for the purposes set forth in this subsection are,
therefore, not competitive with private enterprise; and that the
necessity for such housing and the expenditure of public funds in
the public interest, for the purposes stated and the provisions
hereinafter enacted, are hereby declared as a matter of
legislative determination to be valid public purposes.
(b) (1) In Montgomery County, the public body corporate and
politic established pursuant to this article, heretofore known as
the housing authority of Montgomery County, shall be known as the
Housing Opportunities Commission of Montgomery County and shall
have seven commissioners appointed and exercising the powers and
duties as set forth in this article.
(2) The County Executive, with the approval of the
County Council, shall appoint or remove the commissioners of the
Housing Opportunities Commission.
(3) After June 30, 1982, the County Council, prior to
approval of each appointment to the Commission, shall conduct a
public interview of the County Executive's nominee for
appointment to the Commission.
(4) The commissioners shall be appointed for a term
of office of five years.
(c) The Housing Opportunities Commission of Montgomery
County shall[, in] CONSTITUTE A PUBLIC BODY CORPORATE AND
POLITIC, EXERCISING PUBLIC AND ESSENTIAL GOVERNMENTAL FUNCTIONS,
AND HAVING ALL THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT
AND EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS ARTICLE. IN
addition to the powers enumerated in this article, THE COMMISSION
SHALL have the authority to exercise all or any part or
combination of such powers to provide for housing or housing
projects for persons of eligible income; provided, however, that
the exercise of such power is pursuant to and in accordance with
local law or a contract or contracts with Montgomery County. For
purposes of this section, the phrase "persons of eligible income"
shall mean persons who individually or as part of a family unit
lack sufficient income or assets (as determined by the Montgomery
County Executive or his designee) to enable them, without
financial assistance, to live in decent, safe and sanitary
dwellings without overcrowding. With respect to the elderly or
handicapped or persons and families with other special needs, the
meaning of the phrase "persons of eligible income" may be
adjusted by the County Executive or his designee, if other
criteria are considered more appropriate in achieving the public
purposes stated in subsection (a) of this section. The
determination of persons of eligible income by the County
Executive under this section is conclusive of the matters
determined. The County Executive may amend the meaning of
"persons of eligible income" by issuing a proposed executive
regulation. The regulation will become effective only after a
public hearing held in accordance With procedures established by
the County Council.
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