SEC. 6. Powers and Functions of the Authority. - The Authority shall exercise the following powers and functions:
I. General Powers
(a) Exercise the power of succession, to sue and be sued, and to adopt and use a seal which shall be judicially noticed;
(b) Enter into contracts, whenever necessary, under such terms and conditions as it may deem proper and reasonable;
(c) Acquire property rights and interests, and encumber or otherwise dispose the same, as it may deem appropriate;
(d) Borrow funds from any source, private or government, foreign or domestic;
(e) Receive donations, grants, bequests, and fund transfers from private persons or entities and other branches of the government, including LGUs, and utilize the same for the attainment of its objectives. Such donations, grants, and bequests shall be exempt from the payment of transfer taxes and fully deductible from the gross income of the donor or grantor for income tax purposes;
(f) Maintain a provident fund, which shall consist of contributions made by both the earnings of the Authority and its officers and employees, for the payment of benefits to such officers and employees or their heirs under such terms and conditions as it may prescribe, subject to the provisions of Republic Act No. 10149, or the "GOCC Governance Act of 2011", and other executive issuances; and
(g) Perform such other acts not inconsistent with this Act, as may be necessary to effect the policies and objectives herein declared.
II. Management Services
(a) Formulate and enforce general and specific policies for housing and resettlement according to the National Housing and Urban Development Policy set by the DHSUD;
(b) Monitor and discharge all responsibilities of the government as may arise from treaties, agreements, and other commitments on housing and resettlement, including the determination of forms of assistance for housing development to be extended through multilateral or bilateral assistance programs;
(c) Develop and maintain a database and census of households and families along waterways, in danger areas, government infrastructure project sites, and government-owned lands in Metro Manila and all regions nationwide, which shall be used for subsequent government interventions with housing and resettlement component; and
(d) Establish a socialized and low-cost housing loan restructuring and condonation program, subject to the terms and conditions as the Board of Directors may prescribe: Provided, That the following shall be excluded from the program:
(1) An account without a single payment since takeout;
(2) An account in which the housing unit has been abandoned by the borrower for more than one (1) year from the date of delinquency;
(3) An account in which the housing unit is occupied by a third party other than the original registered beneficiary or his/her legal heirs; and
(4) An account that has been foreclosed or for which a contract to sell has been cancelled;
Provided, further, That the terms and conditions of the condonation program may include the re-classification of additional interest, or interest on unpaid interest, as penalties, which may also be condoned.
III. Housing Operations and Support Services
(a) Develop and implement comprehensive and integrated housing and urban and rural development programs for qualified beneficiaries, including but not limited to:
(1) Upgrading of informal settlement programs to improve blighted urban areas, including existing resettlement sites;
(2) Production and disposition of shelters for the underprivileged and homeless including the provision of housing grants and socialized housing program pursuant to Republic Act No. 7279 or the "Urban Development and Housing Act of 1992";
(3) Resettlement of informal settler families affected by government infrastructure projects and families living in danger areas;
(4) Relocation of families subject of court-ordered eviction; and
(5) Housing programs for low-income and homeless government employees.
(b) Prescribing guidelines and standards for the reservation, conservation, and utilization of public lands identified for housing and resettlement;
(c) Formulate an internal control, monitoring, and management system to develop a dynamic organizational culture, ensure efficient operations and financial sustainability, and enforce standards and parameters for site selection, housing design, project management, social preparation, beneficiary selection, cost recovery and grant schemes, estate management, and project close-out and disengagement, consistent with applicable policies set by the DHSUD;
(d) Strengthen participation of affected families from the social preparation stage until the actual relocation and resettlement. Housing programs and projects shall be publicly available in a manner that provides housing residents, assisted families, and other interested parties an opportunity to study and comment on the measures for a period not shorter than sixty (60) days. The Authority, in preparing a final plan of amendments, shall consider comments or view received from stakeholders. The final plan, program, amendment, or report shall be made available to the public;
(e) Provide technical assistance to LGUs in the implementation of their own housing programs, or to private developers undertaking low-cost housing projects, consistent with the standards and direction set by the DHSUD;
(f) Undertake financing of housing programs initiated by LGUs or families affected by calamities and strictly monitor their implementation and completion;
(g) Extend shelter services to victims of calamities, natural or man-made, as declared by the President;
(h) Expedite the processing and issuance of national and local permits, licenses, and certifications in times of national emergency pursuant to Republic Act No. 11517, or "An Act Authorizing the President to Expedite the Processing and Issuance of National and Local Permits, Licenses and Certifications in Times of National Emergency";
(i) Support national government agencies and LGUs requiring assistance in the implementation of their programs and projects for socialized housing by producing housing units for informal settler and low-income families identified for priority relocation, including those residing in areas earmarked for national infrastructure projects of the Department of Public Works and Highways (DPWH) and the Department of Transportation (DOTr);
(j) Improve or redevelop completed housing projects not yet turned over by the Authority, including the demolition of previously erected structures determined to be structurally unsound, subject to existing laws and regulations, and the Authority's duty to run after those responsible for the structurally unsound and substandard projects;
(k) Develop and undertake housing development and resettlement projects through joint ventures or other arrangements with private entities as authorized under Republic Act No. 11966, otherwise known as the "Public-Private Partnership (PPP) Code of the Philippines", and with relevant government agencies and LGUs to:
(1) Ensure the implementation of sustainable livelihood programs and provision of job opportunities, which are responsive to the needs of its housing community;
(2) Construct basic community facilities and utilities such as power, water, information and communication technology (ICT) utilities, and implement urban and rural development projects in permanent resettlement areas;
(3) Strengthen convergence programs for socialized housing beneficiaries; and
(4) Enhance the efficiency and effectiveness of housing projects; and
(l) Facilitate and accept unsolicited proposals from LGUs and joint with private developers, pursuant to Republic Act No. 11966, in the absence of an existing plan or capacity to improve resettlement sites.
IV. Asset Management and Business Development
(a) Exercise the right of eminent domain, purchase, sell or exchange lands for purposes of housing development, resettlement, and other related services and facilities, or lease such assets in the case of mixed-use developments;
(b) Issue bonds or contracts loans, credits, or indebtedness, including suppliers' credit or any deferred payment arrangement with any person or entity, domestic or foreign, for the implementation of its housing programs, as well as for the refinancing of its debt;
(c) Invest its funds, as it may deem proper, in bonds and securities issued and guaranteed by the government or by the Bangko Sentral ng Pilipinas (BSP);
(d) Ensure the collection and recovery of all indebtedness, liabilities, and accountabilities with the right to demand payment due from all obligors, whether public or private. In case of failure or refusal of the obligor or debtor to comply with the demand, the Authority shall initiate and institute the necessary actions or suits, criminal, civil, administrative, or otherwise, before the courts, tribunals, commissions, boards or bodies of proper jurisdiction.
The Authority may compromise or release, in whole or in part, any interest, penalty, or obligation in connection with the collection of amortizations from its awardees: Provided, That the Authority shall have the power to summarily eject and dismantle, without the necessary of judicial order, any and all informal settler families, as well as any illegal occupant in any homelot, apartment, or dwelling unit from government resettlement projects, as well as properties owned or administered by it. In all these cases, proper notice of ejectment, either by personal service or by posting the same on the lot or door of the apartment, as the case may be, shall be given to the informal settler family or illegal occupant concerned at least ten (10) days before the scheduled ejectment from the premises. In the exercise of such power, the Authority shall promulgate guidelines for the implementation of the eviction and dismantling process;
(e) generate additional sources of financing through but not limited to PPPs or Build Operate and transfer (BOT), or any other arrangement between the government and the private sector; and
(f) Engage in landbanking by acquiring and investing in lands situated in strategic locations particularly near train stations, ports, and other high-capacity transit hubs for purposes of socialized housing development, in coordination with the DOTr, DPWH, National Economic and Development Authority (NEDA), and the DHSUD.