H. B. 4242
(By Delegates Amores, Coleman, Kominar, Pino, Staton,
Smirl and L. White)
[Introduced February 3, 1998; referred to the
Committee on the Judiciary.]
A BILL to repeal section one-a, article fifteen, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; to amend and reenact sections one, two,
three, four, six, seven, seven-a, seven-b, eight, nine, ten,
eleven, twelve, fourteen, seventeen, eighteen, nineteen,
twenty, twenty-one, twenty-two, twenty-three, twenty-four and
twenty-five of said article; and to further amend said article
by adding thereto two new sections, designated sections three- a and thirteen, all relating to creating and operating housing
authorities; defining terms; repealing section defining other
terms; declaring necessity for housing authorities; providing
for creation of city and county housing authorities;
transacting business; exercising powers; determining need for
housing authority; requiring resolution of governing body;
appointing members; establishing terms of office; providing for expenses; providing for removal of commissioners;
providing for regional housing authorities; requiring adoption
of resolution to create regional housing authorities;
providing for withdrawal from regional housing authority;
prohibiting certain persons from acquiring interest in
property or contracts; requiring disclosure of prior interest;
prohibiting compensation of commissioners; providing for
reimbursement of necessary expenditures; providing that
housing authority is body corporate and politic; providing
authority with powers necessary to effectuate purposes of
article; authorizing authority to investigate living and
housing conditions in area or operation; authorizing authority
to study and make recommendations concerning the city or
county plan; authorizing authority to form and operate
nonprofit corporations; allowing authority to participate in
cooperative arrangements with persons and for-profit entities;
allowing authority to participate as a general or limited
partner, co-venturer, shareholder; allowing authority to
require contractors to comply with requirements of minimum
wages and maximum hours of labor; providing for joint
undertakings by authorities; establishing areas of operation;
providing for the acquisition of land by purchase or by right
of eminent domain; providing that developments are subject to
ordinances of locality in which situated; providing that restrictions regarding acquisition, operation or disposition
of property by public bodies do not apply to an authority
unless specified by the Legislature; providing for the amount
and nature of indebtedness; establishing rights of creditors;
allowing authority to enter into agreement for supervision and
control of development; requiring authority to report to mayor
or county governing body; authorizing creation of community
and economic development fund; providing for tax and licensing
exemptions; providing for the security of funds of authority
deposited in bank; establishing policy of state as to rentals;
providing for occupancy standards and requirements to prohibit
any criminal or other activity that threatens health, safety
or right to peaceful enjoyment of premises; authorizing
provision of housing, rental, supportive services and programs
to advance social, educational and economic self-sufficiency;
encouraging increase availability of financing for purchase of
dwellings; home improvements and repairs for persons of low or
moderate income; establishing duties and limiting powers of
authority; providing for an authority to lease or rent
property; providing that rent will be established in
appropriate manner; permitting existing tenants to occupy
property upon terms and conditions set by authority;
authorizing programs to increase home ownership by residents
of developments; allowing authority to acquire, own and operate non-residential property for certain limited purposes;
providing for programs to rehabilitate, maintain, procure, and
preserve existing affordable housing; requiring authority to
conduct affairs in accordance with sound financial and
business practices; providing power to issue bonds;
establishing how bonds secured; providing for bonds to be
authorized by resolution; establishing interest rate and life;
providing for redemption; providing for payment; providing for
sale; providing for presumption of validity commissioners
signatures; establishing powers of authority in connection
with issuance of bonds; incurring obligations under leases;
securing payment of bonds; providing for enforcement of
performance of contracts; enjoining unlawful acts;
surrendering possession of development upon default by
authority; appointing a receiver; requiring accounting by
commissioners; authorizing housing assistance for farmers of
low and moderate income; and providing for application for
low-cost housing by farmers.
Be it enacted by the Legislature of West Virginia:
That section one-a, article fifteen, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections one, two, three, four, six,
seven, seven-a, seven-b, eight, nine, ten, eleven, twelve,
fourteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four and twenty-five be amended
and reenacted; and that said article be further amended by adding
thereto two new sections, designated sections three-a and thirteen,
all to read as follows:
ARTICLE 15. STATE HOUSING LAW.
§16-15-1. Definitions.
The following terms, wherever used or referred to in this
article, shall have the following respective meanings, unless in
any case a different meaning clearly appears from the context:
(1) "Affiliate" means any corporation, entity, partnership,
venture, syndicate or arrangement in which a housing authority
participates by holding an ownership interest or participating in
its governance, including both controlled and non-controlled
affiliates as herein defined.
(2) "Affordable housing" means dwelling units that may be
rented or purchased, as the case may be, by persons of eligible
income, as defined herein.
(3) "Annual sinking fund payment" means the amount of money
specified in the resolution or resolutions authorizing term bonds
as payable into a sinking fund during a particular calendar year
for the retirement of term bonds at maturity after such calendar
year, but shall not include any amount payable by reason only of
the maturity of a bond.
(4) "Area of operation" means the geographical area within which a housing authority owns or operates housing developments or
administers other housing programs including any city, county or
combination thereof in which it was operating on the effective date
of this article.
(5) "Arrangement" means a legal relationship with another
party that may include, but not be limited to, a general or limited
partnership; joint venture; syndicate or syndication; corporation;
limited liability cooperative, corporation or partnership; an
unincorporated association; a cooperative; a consortium; and all
other structures, organizations, and forms of legal relationships
with third parties.
(a)(6) "Authority" or "housing authority" shall mean means a
corporate body organized in accordance with the provisions of this
article for the purposes, with the powers, and subject to the
restrictions hereinafter set forth. Where the context requires or
permits, this term shall be deemed
to include regional housing
authorities and/or controlled affiliates of a housing authority.
(7) "Bond" or "bonds" means any bonds, notes, interim
certificates, debentures, or other obligations issued by an
authority pursuant to this article.
(g)(8) "City" shall mean means and includes any political
subdivision of this state, whether incorporated or unincorporated,
known as a incorporated city, municipality, town or village. With
respect to the provisions of other sections of this article and their application to housing authorities of counties, the term
"city" shall be construed as referring to a county unless a
different meaning clearly appears from the context.
(9) "Clerk" means the clerk or recorder of the city or the
clerk of the county, as the case may be, or the officer charged
with the duties customarily imposed on the clerk or recorder.
(d)(10)
"Commissioner" shall mean means one of the members of
an authority appointed the governing board of a housing authority
appointed in accordance with the provisions of this article.
(k)(11) "Community facilities" shall include means lands,
buildings and equipment, real and personal property suitable of for
recreation recreational, or social assembly, for educational,
health, or welfare activities purposes and other necessary
utilities primarily activities for the use and benefit of the
occupants of housing accommodations developments and the public to
be constructed and operated hereunder.
(12) "Controlled affiliate" means any affiliate of a housing
authority (i) In which commissioners, officers, employees and
agents of the authority constitute a majority of the governing
body, or (ii) in which the authority holds a majority of the
ownership interests.
(c)(13) "Council" means the chief legislative body of the
city.
(14) "County" means and includes any political subdivision of this State known as a county.
(15) "Development" or "housing development" means and includes
all dwellings and associated appurtenances, including real and
personal property, and all other facilities and improvements of
every kind and description, which a housing authority may own or
operate or in which it may hold an interest under the provisions of
this article, all land upon which such dwellings, appurtenances,
and facilities are situate; all work and activities undertaken by
a housing authority or others relating to the creation of such
property; all tangible and intangible personal property relating
thereto, including all leases, licenses, agreements, and other
instruments and all rights and obligations arising thereunder,
establishing or confirming ownership, title, or right of use or
possession in or to any such property by a housing authority, all
as more particularly described and authorized in this article.
(16) "Farmers of low or moderate income" means persons or
families who at the time of their admission to occupancy in a
dwelling of the authority: (A) Live under unsafe and unsanitary
housing conditions; (B) derive their principal income from
operating or working upon a farm; and (C) had an aggregate average
annual net income for the three years preceding their admission
that was less than the amount determined by the authority to be
necessary, within its area of operation, to enable them, without
financial assistance, to obtain decent, safe and sanitary housing.
(17) "Governing body" means, in the case of a city, the
council of the city, and in the case of a county, the county
commission.
(g)(18) "Government" shall include means the state and federal
governments and any subdivisions, authority or instrumentality,
corporate or otherwise, of either of them.
(19) "Guest" means any person, not a resident of the
development, who is present within the development, or within a
dwelling in a development, as an invitee of or otherwise with the
express or implied consent of a resident of the development or
dwelling.
(20) "Hold an interest" means ownership or control of, or
participation in an arrangement with respect to, a development by
a housing authority or any affiliate thereof.
(b)(21) "Mayor" shall mean means the chief executive of the
city, whether the official designation of his office be mayor, city
manager or otherwise: Provided, That the term "mayor" may also be
the chief elected officer of the municipality regardless of whether
or not the corporate charter provides for a city manager appointed
by the city council who is the chief executive officer.
(22) "Non-controlled affiliate" means affiliate in which a
housing authority participates, but does not constitute a majority
of the governing body nor have a majority ownership interest.
(23) "Obligee of the authority" or "obligee" means any bondholder, trustee or trustees for any bondholders, or lessor
demising to an authority property used in connection with a housing
development, or any assignee or assignees of the lessor's interest
or any part thereof, and the federal government when it is a party
to any contract with the authority.
(24) "Person" means a family and, where the context so
requires, a household.
(25) "Persons of eligible income" means individuals or
families as defined by a public housing authority within the
applicable local, state and federal funding guidelines.
(26) "Public agency" means and includes: (i) Any county; city;
village; township; any school, drainage, tax, improvement or other
district; any department, division, or political subdivision of
this state or another state; any housing authority, housing finance
authority, or housing trust of this state or another state; and any
other agency, bureau, office, authority, or instrumentality of this
State of another state; (ii) any board, agency, commission,
division or other instrumentality of a city or county; and (iii)
any board, commission, agency, department, or other instrumentality
of the United States, or any political subdivision or governmental
unit of any of them.
(27) "Regional housing authority" means a housing authority
formed by two or more cities or counties pursuant to the authority
provided in section three-a of this article.
(28) "Resident" means a person residing in a development of a
housing authority, with the consent of such authority, according to
its policies, rules and procedures.
(h)(29) "Slum clearance" shall include means the removal of
housing conditions which shall be considered by the housing
authority of the city in which such conditions exist to be
unsanitary or substandard or a menace to public health.
(f)(30) "State" shall mean means the state of West Virginia
and its duly constituted government.
§16-15-2. Legislative declaration of necessity for creation of
housing authority corporations.
It is hereby declared as a matter of legislative determination
that in order to promote and protect the health, safety, morals and
welfare of the public, it is necessary in the public interest to
provide for the creation of public corporate bodies to be known as
housing authorities, and to confer upon and vest in said housing
authorities all powers necessary or appropriate in order that they
may engage in low and moderate cost housing development and slum
clearance projects; and that the powers herein conferred upon the
housing authorities, including the power to acquire and dispose of
property, to remove unsanitary or substandard conditions, to
construct and operate housing accommodations developments and to
borrow, expend and repay moneys for the purpose herein set forth,
are public objects essential to the public interest.
§16-15-3. City and county housing authorities created; when to
transact business or exercise powers; determination of need
for housing authority; resolution of governing body proof of
establishment; appointment, term, expenses and removal of
commissioners.
(a) In each city and in each county there is hereby created a
housing authority which shall be a public body corporate and
politic. to be known as the "housing authority" of the city or
county: Provided, however, That such No authority hereby created
shall not transact any business or exercise its powers hereunder
until or unless the governing body of the city or the county, as
the case may be, by proper resolution, shall determines at any time
hereafter that there is need for an authority to function in such
city or county : And Provided, further That nothing contained
herein shall be construed as creating an additional housing
authority in a city where a housing authority has been created
pursuant to the provisions of chapter ninety-three, acts of the
Legislature of West Virginia, second extraordinary session, one
thousand nine hundred thirty-three (this article), prior law, but
each such housing authority created pursuant to said chapter
ninety-three shall continue as a public body corporate and politic
as though created pursuant to this article and shall have the area
of operation defined in section one-a for a city or county housing
authority of a city. Each housing authority created pursuant to this section shall adopt a name for all legal and operating
purposes.
With respect to the provisions of other sections of this
article and their application to housing authorities of counties,
the term "city" shall be construed as referring to a county unless
a different meaning clearly appears from the context.
(b) The determination as to whether or not there is such a
need for an authority to function (a) : (1) May be made by the
governing body on its own motion; or (b) (2) shall be made by the
governing body upon the filing of a petition signed by twenty-five
residents of the city or county, as the case may be, asserting that
there is need for an authority to function in such the city or
county and requesting that the governing body so declare. The
governing body shall adopt a resolution declaring that there is
need for a housing authority in the city or county, as the case may
be, if it shall finds (a) (1) that insanitary unsanitary or unsafe
inhabited dwellings accommodations exist in such the city or county
or (b) (2) that there is a shortage of safe or sanitary dwellings
accommodations in such the city or county available to persons of
low or moderate income at rentals rental rates or purchase prices
they can afford. In determining whether dwellings accommodations
are unsafe or insanitary unsanitary the governing body may take
into consideration the degree of overcrowding, the percentage of
land coverage, the light, air, space and access available to the inhabitants of such the dwellings accommodations, the size and
arrangement of the rooms, the sanitary facilities, and the extent
to which conditions exist in such buildings the dwellings which
endanger life or property by fire or other cause.
(c) In any suit, action or proceeding involving the validity
or enforcement of or relating to any contract of the authority, the
authority shall be conclusively deemed to have become established
and authorized to transact business and exercise its powers
hereunder upon proof of the adoption of a resolution by the
governing body declaring the need for the authority. Such An
adopted resolution shall be deemed sufficient if it declares that
there is such need for an authority and finds in substantially the
foregoing terms (no further detail being necessary) that either or
both of the above-enumerated conditions exist in the city or
county, as the case may be. A copy of such a resolutions duly
certified by the clerk shall be admissible in evidence in any suit,
action or proceeding.
(d) When the governing body of a city adopts a resolution as
aforesaid, it shall promptly notify the mayor of such the adoption.
Upon receiving such the notice, the mayor shall appoint five
persons as commissioners of the authority created for said the
city. When the governing body of a county adopts a resolution as
aforesaid, said body it shall appoint five persons as commissioners
of the authority created for said the county. The commissioners who are first appointed shall be designated to serve for terms of
one, two, three, four and five years, respectively, from the date
of their appointment,. but Thereafter commissioners shall be
appointed as aforesaid for a term of office of five years, except
that all vacancies shall be filled for the unexpired term. No
commissioner of an authority may be an officer or employee of the
city or county for which the authority is created. A commissioner
shall hold office until his or her successor has been appointed and
has qualified, unless sooner removed according to this article.
A certificate of the appointment or reappointment of any
commissioner shall be filed with the clerk and such certificate
shall be conclusive evidence of the due and proper appointment of
such a commissioner. A commissioner shall receive no compensation
for his or her services, but he or she shall be entitled to the
necessary expenses, including traveling expenses, incurred in the
discharge of his or her duties.
(e) For inefficiency or neglect of duty or misconduct in
office, a commissioner of an authority may be removed by the mayor
(or in the case of an authority for a county, by the county
commission governing body of such county),. but a A commissioner
shall be removed only after he shall have been being given a copy
of the charges and notice of a hearing. The charges shall be sent
to the commissioner at least ten days prior to the hearing thereon
and had shall notify the commissioner that he or she has an opportunity to be heard in person or by counsel. In the event of
the removal of any commissioner, a record of the proceedings,
together with the charges and findings thereon, shall be filed in
the office of the clerk. The powers of each authority shall be
vested in the its commissioners thereof in office from time to
time.
16-15-3a. Regional housing authorities.
(a) Any two or more cities or counties, or any combination
thereof, may, by resolution of their separate governing bodies,
establish a regional housing authority, by adopting a joint
resolution declaring that there is a need for a regional housing
authority to provide decent, safe and sanitary housing that is
affordable to persons of low and moderate income residing in a
multi-jurisdictional area and that this need would be more
efficiently served by the establishment of a regional housing
authority: Provided, That any authority in existence prior to the
effective date of this article that is providing services outside
of the city or county boundaries will continue to have jurisdiction
in the areas where the authority is providing services on the
effective date of this article.
(b) Upon adoption of a resolution by two or more cities or
counties, or a combination thereof, a regional housing authority
shall be established and, except as otherwise provided in this
article, the regional housing authority shall have perpetual existence, unless dissolved in accordance with law. Each regional
housing authority established pursuant to this section, shall adopt
a name for all legal and operating purposes.
(c) A certified copy of the resolutions establishing a
regional housing authority shall serve as conclusive evidence that
the authority has been properly established, is authorized to
transact business, and exercise its powers under this article.
(d) After a regional housing authority has been established,
any additional city or county may elect to participate as a member
of the regional housing authority, upon adoption of a resolution to
that effect: Provided, That a majority of the existing
commissioners of the regional housing authority and all
participating political subdivisions, by action of their respective
governing bodies, shall consent to the additional member or
members.
(e) Any city or county may withdraw from participation in the
regional housing authority by resolution of its governing body.
Any withdrawal from participation shall be subject to the following
conditions:
(1) The regional housing authority has no bonds, notes, or
other obligations outstanding, or adequate provision for payment of
bonds, notes, or other obligations, by escrow or otherwise, has
been made. Past performance without breach or default of an
obligation secured only by one or more developments or the income thereof shall be deemed to be "adequate provision";
(2) The withdrawing city or county shall make adequate
provision for the performance of all of its outstanding obligations
and responsibilities as a participant in the regional housing
authority;
(3) The withdrawing city or county shall give six months
written notice to the regional housing authority and all other
cities and counties participating therein; or
(4) The commissioner or commissioners appointed by the
withdrawing city or county shall be deemed to have resigned as of
the date upon which the withdrawal is effective. Vacancies on the
board of commissioners created by withdrawal of a city or county
shall be filled in such manner as the cities and counties remaining
as participants shall agree.
Notwithstanding the withdrawal of any participating city or
county, the legal title to and operating responsibility for any
development located outside the area of operation of the regional
housing authority remaining after such withdrawal has occurred
shall continue to be vested in the regional housing authority,
unless a different arrangement is made.
(f) If only one city or county remains as a participant in any
regional housing authority, the regional housing authority shall
become the housing authority of the remaining city or county at
the discretion of its governing body, or the regional housing authority shall be dissolved and its assets and liabilities
transferred to another existing housing authority or to a city or
county or other public agency.
§16-15-4. Persons prohibited from acquiring interest in property
or contracts; disclosure of prior interest.
No commissioner or employee of an authority shall acquire any
interest direct or indirect in any development or in any property
included or planned to be included in any project development, nor
shall he or she have any interest direct or indirect in any
contract or proposed contract for materials or services to be
furnished or used in connection with any project development. If
any member or employee of any authority owns or controls an
interest direct or indirect in any property included in any project
development, which was acquired prior to his or her appointment or
employment, he or she shall disclose the same in writing to the
authority. and such The disclosure shall be entered upon the
minutes of the authority.
§16-15-6. Commissioner to receive no compensation; reimbursement
for necessary expenditures.
No commissioner shall receive any compensation whether in form
of salary, per diem allowances or otherwise, for or in connection
with his or her services as such commissioner. Each commissioner
shall, however, be entitled to reimbursement, to the extent of
appropriations or other funds available therefor, for any necessary expenditures in connection with the performance of his or her
general duties or in connection with the construction or operation
of any project development. The authority may allocate such
expenses among its projects developments in such manner as it may
consider proper.
§16-15-7. Authority a body corporate and politic; powers;
investigations or examinations.
(a) An authority shall constitute a body both corporate and
politic, exercising public powers, and having all the powers
necessary or convenient to carry out and effectuate the purposes
and provisions of this article, including the following powers in
addition to others herein granted:
(1) To investigate into living and housing conditions in the
city authority's area of operation and into the means and methods
of improving such conditions;
(2) To determine where whether unsanitary or substandard
housing conditions exist;
(3) To study and make recommendations concerning the city or
county plan in relation to the problems of clearing, replanning ,
redevelopment and reconstruction of areas in which unsanitary or
substandard conditions exist, and the providing of housing
accommodations for persons of low and moderate income, and to
cooperate with any city, county or regional planning agency, to
prepare, carry out and operate projects developments;
(4) To provide for the construction, reconstruction,
redevelopment, improvement, alteration or repair of any project
development or any part thereof;
(5) To take over by purchase, lease or otherwise any project
development undertaken by any government;
(6) To act as agent for the federal government in connection
with the acquisition, construction, operation and/or management of
a project development or any part thereof;
(7) To arrange with the city or with a government for the
furnishing, planning, replanning, opening or closing of streets,
roads, roadways, alleys or other places or facilities, or for the
acquisition by the city or by the city, county, state or federal
government or any agency, instrumentality or subdivision thereof,
including, specifically, the federal emergency administration of
public works and the public works emergency housing corporation, of
property, options or property rights or for the furnishing of
property or services in connection with a project development;
(8) To sell, lease or rent any of the housing or other
accommodations of any of the lands, buildings, structures or
facilities embraced in any project development, and to establish
and revise the rents or charges therefor;
(9) To enter upon any building or property in order to conduct
investigations or to make surveys or soundings; to purchase, lease,
obtain options upon, acquire by eminent domain or otherwise, sell, exchange, transfer, assign or mortgage any property real or
personal or any interest therein;
(10) To acquire any property real or personal or any interest
therein from any person, firm, corporation, or the city, county,
state or federal government or any agency, instrumentality or
subdivision thereof, including, specifically, the federal emergency
administration of public works and the public works emergency
housing corporation, by gift, grant, bequest or devise; to own,
hold, clear and improve property; in its discretion, to insure or
provide for the insurance of the property or operations of the
authority against such risks as the authority may deem advisable; (11) To borrow money upon its bonds, notes, debentures or
other evidences of indebtedness, and to secure the same by
mortgages upon property held or to be held by it or by pledge of
its revenues, or in any other manner;
(12) To invest any funds held in reserves or sinking funds, or
any funds not required for immediate disbursement in property or
securities in which savings banks may legally invest funds subject
to their control;
(13) To sue and be sued;
(14) To have a seal, and to alter it the same at pleasure;
(15) To have perpetual succession;
(16) To make and execute contracts and other instruments
necessary or convenient to the exercise of the powers of the authority;
(17) To form and operate nonprofit corporations and other
affiliates of every kind and description, which may be wholly or
partially owned or controlled, for carrying out the purposes of
this article and in connection with the exercise of any of the
powers of a housing authority;
(18) To participate in cooperative arrangements with persons
and for-profit entities whose purpose is solely that of pecuniary
gain, as well as with nonprofit entities and persons who seek no
pecuniary gain. The participation of a housing authority in any
arrangement with other persons or entities, including for-profit
persons and entities, shall not cause any activity engaged in by
the authority to be characterized as proprietary nor deprive the
authority of any privilege or immunity otherwise existing under
law;
(19) To participate as a general or limited partner, co-
venturer, shareholder, or otherwise as a principal, an investor, a
lender, a guarantor, a contracting party, or in any other manner,
all upon such terms and conditions, and with such rights and
obligations, as the governing board of the housing authority
shall, from time to time, in its discretion determine to be
appropriate;
(20) To make and, from time to time, amend and repeal bylaws,
rules and regulations not inconsistent with this article, to carry into effect the powers and purposes of the authority;
(21) To conduct examinations and investigations and to hear
testimony and take proof under oath at public or private hearings
on any matter material for its information;
(22) To issue subpoenas requiring the attendance of witnesses
or the production of books and papers and to issue commissions
documents and things, for the examination of witnesses who are out
of the state or unable to attend before the authority, or excused
from attendance; and
(23) To do all things necessary or convenient to carry out the
powers given in this article.
(b) Any of the investigations or examinations provided for in
this article may be conducted by the authority or by a committee
appointed by it, consisting of one or more members thereof, or by
counsel, or by an officer or employee specifically authorized by
the authority to conduct it. Any member of the authority, its
counsel, or any person designated by it to conduct an investigation
or examination, shall have power to administer oaths, take
affidavits and issue subpoenas or commissions.
§16-15-7a. Power of authority to include certain stipulations in
contracts.
A housing authority, in addition to its other powers, shall
have the power, (notwithstanding anything to the contrary contained
in this article or in any other provision of law)any provisions of this code to the contrary, to include in any contract let in
connection with a project development, stipulations requiring that
the contractor and any subcontractors comply with requirements as
to minimum wages and maximum hours of labor, and comply with any
conditions which the federal government may have attached to its
financial aid of the project development.
§16-15-7b. Joint undertakings by authorities; areas of operation.
(a) Any two or more authorities may join or cooperate with one
another in the exercise of any or all of their powers for the
purpose of financing, planning, undertaking, constructing or
operating a housing project or projects development or developments
located within the area of operation of any one or more such
authorities or for the administration of other housing programs.
(b) The area of operation of a housing authority shall be one
of the following:
(1) In the case of a housing authority established by a city,
the authority's area of operation shall be the city and the area
within ten miles from the territorial boundaries thereof.
Depending upon the geographical location of the city, the area of
operation may include portions of one or more counties. It may
also include areas lying within the territorial boundaries of
cities outside the city establishing the housing authority. In
order to resolve territorial conflicts, the following rules shall
apply:
(A) In the case of the housing authority's home county, it may
operate outside of the area described in this subsection in the
unincorporated areas of the home county without the need for the
county's consent unless the home county has established its own
housing authority. If the home county has established a housing
authority, then the city's housing authority may operate outside
the area described above only with the consent of the county
housing authority;
(B) In the case of incorporated areas of a home county, the
housing authority may only operate within the territorial
boundaries thereof by consent of the other city and its housing
authority, if any;
(C) In the case of unincorporated portions of counties other
than the housing authority's home county, it may operate only with
the consent of the governing body of the other county, regardless
of whether the other county has established a housing authority;
(D) In the case of incorporated areas within other counties,
it may operate only with the consent of the governing body of any
city incorporating such areas, and, if the other city has also
established its own housing authority, with the consent of the
other housing authority;
(E) Notwithstanding any other provision of this section, a
housing authority may, subject to the limitations stated in this
article, provide rental assistance to persons residing outside the authority's area of operation as defined in this section.
For purposes of this section, the term "home county" means the
county in which the city establishing the housing authority is
situated.
(2) In the case of a housing authority established by a
county, the authority's area of operation shall be all of the
county except that portion which lies within the territorial
boundaries of any city in which a housing authority has been
established.
(3) In the case of a regional housing authority, the
authority's area of operation shall be an area equivalent to the
total areas of operation which the housing authorities, if created
separately by political subdivisions establishing the regional
housing authority, would have, when aggregated. The area of
operation of a regional housing authority shall not include any
area which lies within the territorial boundaries of any city or
county in which a housing authority has been established and which
city or county is not a participant in the regional authority:
Provided, That the housing authority of the city or county and its
governing body may consent to the operation of one or more
developments by the regional housing authority within the city's or
county's territorial boundaries.
(4) Whether due to changes in the boundaries of cities or
counties which have established housing authorities, or the establishment of new housing authorities, or for any other reason,
territories may exist that include the area of operation of two or
more housing authorities. Such areas shall be areas of concurrent
jurisdiction. No housing authority whose area of operation
includes an area of concurrent jurisdiction shall construct,
acquire or develop any new housing development within the area of
concurrent jurisdiction without the written agreement of the other
authority.
(5) Any housing development established by a housing authority
pursuant to law shall continue to be maintained and operated by the
housing authority establishing the development or its designee,
unless the development is conveyed to another housing authority or
to a city, county or other public agency or is otherwise disposed
of in accordance with law.
(6) Notwithstanding the area of operation as defined herein,
all housing authorities shall have the jurisdiction and authority
to cooperate and contract with any other housing authorities and
other public agencies within this State and any public agencies of
any other state, with the federal government, and with any person,
or entity, public or private, and wherever located, in order to
carry out the purposes of this article. Such cooperation may
include, but shall not be limited to, activities and operations
conducted with the agreement of any public agency.
§16-15-8. Power to acquire lands, etc., by purchase or by right of eminent domain.
Whenever it shall be deemed necessary by an authority in
connection with the exercise of its powers herein conferred to take
or acquire any lands, structures or buildings or other rights,
either in fee or as easements for any housing development or slum
clearance project, such the authority may purchase the same
directly or through its agent from the owner or owners thereof, or
failing to agree with the owner or owners thereof, such authority
may exercise the power of eminent domain in the manner provided for
condemnation proceedings, in chapter seventy-four, acts of the
Legislature of West Virginia, regular session, one thousand nine
hundred seven, and chapter twenty- three, acts of one thousand nine
hundred fifteen section eight, article one and sections nine and
twelve, article two, chapter fifty-four of this code
§16-15-9. Developments subject to ordinances, etc., of locality
in which situated; restrictions on acquisition, etc., of
property; securities need not be offered to sinking fund
commission.
All projects developments of an authority shall be subject to
the planning, zoning, sanitary and building laws, ordinances and
regulations applicable to the locality in which the project
development is situated. No provisions with respect to the
acquisition, operation or disposition of property by public bodies
shall be applicable to an authority unless the Legislature shall specifically so state. No authority shall be required to offer its
securities to the state sinking fund commission at any time, nor
shall any authority be required to turn over any surplus or sinking
funds to the state sinking fund commission.
§16-15-10. Amount and nature of indebtedness; rights of creditors.
Subject to the restrictions set forth in this article, the
authority may incur any indebtedness and issue any obligations and
give any security therefor which it may deem necessary or advisable
in connection with any project development undertaken by it
hereunder. No statutory limitation with respect to the nature or
amount of indebtedness which may be incurred by municipalities or
other public bodies shall apply to indebtedness of an authority,
unless the Legislature shall specifically so provide. No
indebtedness of any nature of an authority shall constitute a debt
or obligation of a municipality or the state or any other
subdivision or authority or instrumentality thereof, or a charge
against any property of such municipality, the state, or other
subdivision, agency or instrumentality thereof. No obligation
incurred by the authority shall give any right against any
commissioner of such authority, but a commissioner shall be liable
only for his own malfeasance. The rights of creditors of an
authority shall be solely against such authority as a corporate
body and shall be satisfied only out of property held by it in its
corporate capacity, and the enforcement of such rights shall be subject to all the provisions of this article.
§16-15-11. Agreement with federal government providing for
supervision and control of authority or project development.
An authority may, in connection with the borrowing of funds,
or otherwise, enter into any agreement with the federal government
or any agency or subdivision thereof, including, specifically, the
federal emergency administration of public works and the public
works emergency housing corporation, providing for supervision and
control of the authority or of any project development, and
containing such other covenants, terms and conditions as the
authority may deem advisable.
§16-15-12. Report to mayor or county governing body.
At least once a year, an authority shall file with the mayor,
(or with the governing body in the case of a housing authority of
a county) the county commission, as appropriate, a report of its
activities for the preceding year, and shall make recommendations
with reference to such additional any legislation or other action
as it deems necessary in order to carry out the purposes of this
article.
§16-15-13. Community and Economic Development Fund.
(a) The governing body of a housing authority may, by
resolution, create a fund which may be available through gifts,
contributions, grants, bequests, loans, loan proceeds or other
sources. The fund shall be governed by and administered by the authority as a general purpose account separate and distinct from
any other moneys, funds or accounts owned or managed by the housing
authority in conjunction or cooperation with any local, state or
federal governmental agency.
(b) The fund may be utilized to provide a source from which
the authority may issue grants or loans to enhance community and
economic development in the authority's area of operation. The
grants and/or loans may include but are not limited to housing
rehabilitation, redevelopment reconstruction, community
improvement, home ownership, training and counseling for persons of
eligible income, elimination of public health or safety hazards,
repayment of the authority's bonds or loans and other like things
which fulfill the purposes of this article.
(c) The authority shall have an audit of the fund preformed at
the end of each fiscal year conducted in accordance with generally
accepted accounting principles as part of the authority's annual
audit established by the governing board.
§16-15-14. Tax and licensing exemptions.
(a) The authority shall be exempt from the payment of any
taxes or fees to the state or any subdivision thereof, or to any
officer or employee of the state or any subdivision thereof. The
property of an authority shall be exempt from all local and
municipal taxes. Bonds, notes, debentures and other evidences of
indebtedness of an authority are declared to be issued for a public purpose and to be public instrumentalities and, together with
interest thereon, shall be exempt from taxes.
(b)
All representatives of a housing authority, acting within
the scope of carrying out the business and conducting the affairs
of a housing authority, shall be exempt from all licensing
requirements imposed by any law with respect to the sale, rental or
management of real property or the improvement or development
thereof, including requirements imposing any fee or charge.
§16-15-17. Policy of state as to rentals.
(a) It is hereby declared to be the policy of this state that
each housing authority shall manage and operate its housing
projects developments in an efficient manner so as to enable it to
fix the rentals, leases or purchase prices for dwellings
accommodations at the lowest possible rates consistent with its
providing decent, safe and sanitary dwellings accommodations, and
that no housing authority shall construct or operate any such
project development for profit, or as a source of revenue to the
city or county. To this end an authority shall fix the rentals for
dwellings in its projects at no higher rates than it shall find to
be necessary in order to produce revenues which (together with all
other available moneys, revenues, income and receipts of the
authority from whatever sources derived) will be sufficient to pay,
as the same become due, the principal and interest on the bonds of
the authority; to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance)
and the administrative expenses of the authority; and to create
(during not less than six years immediately succeeding its issuance
of any bonds) a reserve sufficient to meet the largest principal
and interest payments which will be due on such bonds in any one
year thereafter and to maintain such reserve.
(b) While it is the goal of this state to provide access to
decent, safe, sanitary and affordable housing to all of its
residents, the benefits of this article are not a matter of right,
but of privilege, and persons accepting assistance under this
article shall, by such acceptance thereof, recognize their
responsibilities to the housing authorities providing such
assistance and to other persons living in their vicinity. Persons
accepting benefits shall, in this respect, be responsible not only
for their own conduct but also for the actions of other members of
their households and of their guests. Accordingly, housing
authorities may impose and enforce occupancy standards and
requirements to prohibit any criminal or other activity that
threatens the health, safety or right to peaceful enjoyment of the
premises or development by other residents.
(c) An authority shall provide housing, rental, and other
assistance to persons of low and moderate income, and assistance to
properties and entities, in accordance with the provisions of this
article, and, subject to standards and procedures adopted by the housing authority, to authorize the provision by housing
authorities of supportive services and program of every kind and
description to advance the social, educational, and economic well- being and the economic and social self-sufficiency, of persons
receiving housing assistance under this article, so as to create
wholesome living environments, eliminate long-term poverty,
encourage gainful employment, develop social and economic self- sufficiency (including living independently of housing assistance),
and enhance personal responsibility on the part of such persons;
(d) Housing authorities shall encourage the use of
entrepreneurial methods and approaches and to stimulate and
increase private sector initiatives and joint public-private sector
initiatives by housing authorities in carrying out the purposes
and provisions of this article.
(e) Housing authorities shall endeavor to increase the
availability, from both public and private sector sources, of
financing for the purchase of dwellings, and the financing for home
improvements, and repairs for persons of low or moderate income;
and to further endeavor to increase the availability of sources of
equity and other financing for the development and operation by
housing authorities and private sector entities of decent, safe,
and sanitary rental housing that is affordable to persons of low
and moderate income.
§16-15-18. Duties of authority as to rentals and tenant selection. and limitation of powers.
(a) In the operation or management of housing projects
developments an authority shall at all times observe the following
duties with respect to rentals, and tenant selection and home
ownership:
(a) (1) It may rent or lease the dwellings accommodations
therein only to persons of low eligible income and at rentals
within the financial reach of such persons;
(b)(2) It may rent or lease to a tenant dwelling
accommodations housing consisting of the number of rooms ( ,but no
greater number), which it deems necessary to provide safe and
sanitary accommodations to the proposed occupants thereof, without
overcrowding; and (c) it shall not accept any person or persons
(other than farmers of low income, as herein defined) as tenants in
any housing project if the person or persons who would occupy the
dwelling accommodations have an aggregate annual net income in
excess of five times the annual rental of the quarters to be
furnished such person or persons, except that in the case of such
person or persons with three or more minor dependents, such ratio
shall not exceed six to one; in computing the rental for the
purpose of selecting tenants, there shall be included in the rental
the average annual cost (as determined by the authority) to
occupants of heat, water, electricity, gas, cooking range and other
necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
Nothing contained in this or the preceding section shall be
construed as limiting the power of an authority to vest in an
obligee the right, in the event of a default by the authority, to
take possession of a housing project or cause the appointment of a
receiver thereof, free from all the restrictions imposed by this or
the preceding section.
(3) Subject only to the limitations contained in this article
or imposed by the federal government, an authority may lease or
rent any dwellings, facilities or other real or personal property
owned, controlled, or possessed by the authority, or with respect
to which the authority has contractual rights permitting such lease
or rental, for such terms, upon such conditions and lease terms and
in exchange for such rentals as the authority may from time to time
in its discretion determine; further, and without limiting the
foregoing, to establish rents in such manner and in such amounts as
the authority may deem appropriate, including but not limited to,
rents based upon family income (determined with such adjustments
and exclusions as the authority deems appropriate), minimum rents,
flat rents, graduated rents, rent ranges, and maximum rents (any of
which may vary among the authority's developments), and to
establish any other standards and conditions relating to rentals
that the authority may deem appropriate to carry out the purposes
of this article;
(4) At and subsequent to an acquisition of occupied property,
a housing authority may permit existing tenants therein to remain
in occupancy upon such terms and conditions and for such periods as
the authority shall deem appropriate, notwithstanding that such
tenants do not qualify as persons of eligible income;
(5) A housing authority may operate programs to increase home
ownership by residents of its developments and by other persons of
eligible income; and in such regard, the housing authority may
acquire, rehabilitate, construct, reconstruct, sell, convey, lease,
option, and take all other actions deemed appropriate to achieve
home ownership of dwellings and associated property by persons of
eligible income. In connection with any program to encourage such
ownership, a housing authority may dispose of dwellings and other
associated property in exchange or for fair market purchase prices,
and upon such terms and conditions, as the authority deems
appropriate;
(6) To develop, acquire, own, lease, and operate properties
and facilities that are non-residential in character, which are
used for office, administrative, management, maintenance,
commercial, or educational purposes, or providing services, or
carrying out any other purpose authorized under this article; to
acquire, own, lease, and operate properties and facilities that are
both residential and non-residential in character;
(7) To develop, acquire, own, or lease community facilities, and to provide such facilities to any public agency or to any
person, agency, institution, or organization, public or private,
for recreational, educational, health or welfare purposes for the
benefit and use of the housing authority or occupants of its
developments, or persons of eligible income, elderly or handicapped
persons, or any combination of the foregoing; to operate or manage
community facilities, itself, or as agent or any public agency, or
any person, institution, or organization, public or private; and to
receive compensation therefor, if any, as the parties may agree;
community facilities may be utilized by private persons or
organizations with or without charge, upon a determination by the
authority that the utilization would be advisable to promote the
public purposes of this article; and
(8) To carry out plans, programs, contracts and agreements of
every kind and description and to provide grants, loans, guarantees
and other financial assistance to public or private persons or
entities, whether nonprofit or for-profit, in order to
rehabilitate, maintain, procure, and preserve existing affordable
housing stocks in safe, decent and sanitary condition and to ensure
that they remain affordable to persons of eligible income.
(b) A housing authority shall conduct its affairs in
accordance with sound financial and business practices, taking into
account the nature of its activities and intended purpose.
Therefore, a housing authority shall establish and charge rents no higher than it shall determine to be necessary to produce revenue
which, together with all other available money, revenue, income and
receipts of the authority from whatever source derived, will be
sufficient:
(1) To pay when due all indebtedness of the authority;
(2) To pay all administrative and other costs of operating the
authority's developments and programs of assistance;
(3) To pay the administrative and other costs of the
maintenance, rehabilitation, renovation, repair, and replacement of
the authority's developments and other property;
(4) To otherwise carry out its purposes under this article,
including acquiring or creating additional housing developments and
acquiring or improving property for other purposes authorized under
this article, including community facilities, commercial
facilities, and all other facilities and developments authorized
under this article;
(5) To pay the costs of insurance, including the costs of
claims, liabilities, losses and other expenses incurred in
connection with any self-insurance program;
(6) To provide funds for all required payments in lieu of
taxes;
(7) To make all payments required under and otherwise fully
perform the authority's obligations under any contract, agreement,
or arrangement entered into by the authority, including without limitation those required in connection with any partnership or
joint venture entered into by the authority;
(8) To perform the terms of any commitment or guarantee issued
or given by the authority;
(9) To provide a reasonable return on the value of the
property so as to enable the housing authority to continue to
fulfill its duties, including but not limited to, the acquisition
of additional housing developments, land acquisition, acquisition
or construction of buildings, equipment, facilities or other real
or personal property for public purposes, including parks or other
recreational, educational, welfare or community facilities within
its area of operation;
(10) To accommodate economic factors which affect the finan
cial stability and solvency of the authority's developments and
programs;
(11) To pay the cost of actions occasioned by natural
disasters and other emergencies; and
(12) To create and maintain operating and capital reserves
that are reasonable and adequate to ensure the authority's ability
to make all payments referred to herein and any other matter with
respect to which the authority, in its discretion reasonably
exercised, determines that the creation and maintenance of a
reserve is appropriate.
Nothing herein shall be construed to limit the amount which a housing authority may charge for non-dwelling facilities or for
dwelling facilities that are not rented to persons of eligible
income: Provided, That the authority's actions do not conflict with
the purposes of this article. Provided, however, That a housing
authority may allow police officers and maintenance and management
employees, not otherwise eligible for residence, to reside in its
developments.
§16-15-19. Power to issue bonds; how bonds secured.
An authority shall have power to issue bonds from time to
time, in its discretion, for any of its corporate purposes. An
authority shall also have power to issue or exchange refunding
bonds for the purpose of paying, retiring, extending or renewing
bonds previously issued by it. An authority may issue such types
of bonds as it may determine, including (without limiting the
generality of the foregoing), bonds on which the principal and
interest are payable from income and revenues of the authority and
from grants or contributions from the federal government or other
source. Such income and revenues securing the bonds may be:
Exclusively the income and revenues of the housing project
developments financed in whole or in part with the proceeds of such
bonds; exclusively the income and revenues of certain designated
housing projects developments, whether or not they are financed in
whole or in part with the proceeds of such bonds; or the income and
revenues of the authority generally. Any such bonds may be additionally secured by a pledge of any income or revenues of the
authority, or a mortgage of any housing project, projects
development, developments or other property of the authority.
§16-15-20. Bonds authorized by resolution; interest rate and
life; forms; denominations; redemption; how payable; sale;
signatures of commissioners or officers ceasing to be such
before delivery; presumptions in suit, etc., involving
validity.
(a) Bonds of an authority shall be authorized by its
resolution and may be issued in one or more series and shall bear
such date or dates, mature at such time or times, bear interest at
such rate or rates, not exceeding twelve percent per annum, be in
such denomination or denominations, be in such form, either coupon
or registered, carry such conversion or registration privileges,
have such rank or priority, be executed in such manner, 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
resolution, its trust indenture or mortgage may provide.
Bonds of
a housing authority may be issued in zero coupon form or subject to
federal taxation of interest thereon if the resolution authorizing
issuance so provides.
The bonds shall be sold at not less than par at public sale
held after notice published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall
be the city or county, as the case may be. The notice shall be
published at least five days prior to such sale. The notice shall
also be published in a financial newspaper published in the city of
New York, New York: Provided, however, That such bonds may be sold
to the federal government at private sale at not less than par and,
in the event less than all of the bonds authorized in connection
with any project or projects are sold to the federal government,
the balance of such bonds may be sold at private sale at not less
than par at an interest cost to the authority of not to exceed the
interest cost to the authority of the portion of the bonds sold to
the federal government.
(b) The bonds may be sold at public sale held after notice
prior to such sale promulgated in the manner as the authority deems
appropriate or, if the resolution authorizing issuance of the bonds
so provides, they may be sold on a negotiated basis or at private
sale without any public advertisement. At the discretion of the
housing authority, the bonds may be sold at par, or at any discount
or premium, as the resolution authorizing them provides. A housing
authority issuing bonds may enter into agreements and arrangements
with third parties for the marketing of its bonds as it shall deem
appropriate.
(c) In case any of the commissioners or officers of the
authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of
such bonds, such signatures shall, nevertheless, be valid and
sufficient for all purposes, the same as if they had remained in
office until such delivery. Any provisions of any law to the
contrary notwithstanding, any bonds issued pursuant to this article
shall be negotiable.
(d) In any suit, action or proceedings involving the validity
or enforceability of any bond of an authority or the security
therefor, any such bond reciting in substance that it has been
issued by the authority to aid in financing a housing project
development to provide dwelling accommodations housing for persons
of low eligible income shall be conclusively deemed to have been
issued for a housing project development of such character, and
said project the development shall be conclusively deemed to have
been planned, located and constructed in accordance with the
purposes and provisions of this article.
§16-15-21. Powers of authority in connection with the issuance
of bonds, incurring obligations under leases and securing
payment of such bonds.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of such
bonds or obligations, any authority, in addition to its other
powers shall have power:
(1) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come
into existence.;
(2) To mortgage all or any part of its real or personal
property, then owned or thereafter acquired.;
(3) To covenant against pledging all or any part of its rents,
fees and revenues, or against mortgaging all or any part of its
real or personal property, to which its right or title then exists
or may thereafter come into existence or against permitting or
suffering any lien on such revenues or property; to covenant with
respect to limitations on its right to sell, lease or otherwise
dispose of any housing project development or any part thereof; and
to covenant as to what other, or additional debts or obligations
may be incurred by it.;
(4) To covenant as to the bonds to be issued and as to the
issuance of such bonds or otherwise, and as to the issuance of such
bonds in escrow or otherwise and as to the use and disposition of
the proceeds thereof; to provide for the replacement of lost,
destroyed or mutilated bonds; to covenant against extending the
time for the payment of its bonds or interest thereon; and to
redeem the bonds, and to covenant for their redemption and to
provide the terms and conditions thereof.;
(5) To covenant, (subject to the limitations contained in this
article), as to the rents, purchase prices, and fees to be charged
in the operation of a housing project or projects development or developments, the amount to be raised each year or other period of
time by rents, fees, and other revenues, and as to the use and
disposition to be made thereof; to create or to authorize the
creation of special funds for moneys held for construction or
operating costs, debt service, reserves, or other purposes, and to
covenant as to the use and disposition of the moneys held in such
funds.;
(6) To prescribe the procedure, if any, by which the terms of
any contract with bondholders may be amended or abrogated, the
amount of bonds the holders of which must consent thereto and the
manner in which such consent may be given.;
(7) To covenant as to use of any or all of its real or
personal property; and to covenant as to the maintenance of its
real and personal property, the replacement thereof, the insurance
to be carried thereon and the use and disposition of insurance
moneys.;
(8) To covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant, condition, or
obligation; and to covenant and prescribe as to events of default
and terms and conditions upon which any or all of its bonds or
obligations shall become or may be declared due before maturity,
and as to the terms and conditions upon which such the declaration
and its consequences may be waived.;
(9) To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the
bonds or any covenants securing or relating to the bonds; to vest
in a trustee or trustees the right, in the event of a default by
said authority, to take possession and (so long as the authority
shall continue in default) ,as long as the authority is in default,
to retain such possession and to use, operate and manage any
housing project development or part thereof, and to collect the
rents and revenues arising therefrom and to dispose of such moneys
in accordance with the agreement of the authority with said
trustees; to provide for the powers and duties of a trustee or
trustees and to limit the liabilities thereof; and to provide the
terms and conditions upon which the trustee or trustees or the
holders of bonds or any proportion of them may enforce any covenant
or rights securing or relating to the bonds.; and
(10) To exercise all or any part or combination of the powers
herein granted; to make covenants other than and in addition to the
covenants herein expressly authorized, of like or different
character; to make such covenants and to do any and all such acts
and things as may be necessary or convenient or desirable in order
to secure its bonds, or, in the absolute discretion of said
authority, as will tend to make the bonds more marketable
notwithstanding that such the covenants, acts or things may not be
enumerated herein.
§16-15-22. Actions by obligee of authority to enforce performance of contracts and to enjoin unlawful acts.
An obligee of an authority shall have the right in addition to
all other rights which may be conferred on such the obligee,
subject only to any contractual restrictions binding upon such the
obligee:
(1) By mandamus, suit, action or proceeding at law or in
equity to compel said authority and the commissioners, officers,
agents or employees thereof to perform each and every term,
provision and covenant contained in any contract of said authority
with or for the benefit of such the obligee, and to require the
carrying out of any or all such covenants and agreements of said
the authority and the fulfillment of all duties imposed upon said
authority by this article.; and
(2) By suit, action or proceeding in equity, to enjoin any
acts or things which may be unlawful, or the violation of any of
the rights of such an obligee of said the authority.
§16-15-23. Surrender of possession of project development to
obligee upon default by authority; appointment of receiver;
accounting.
An authority shall have power by its resolution, trust
indenture, mortgage, lease or other contract to confer upon any
obligee holding or representing a specified amount in bonds, or
holding a lease, the right, ( in addition to all rights that may
otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or
proceeding in any court of competent jurisdiction:
(1) To cause possession of any housing project development or
any part thereof to be surrendered to any such the obligee; which
possession
may be retained by such the bondholder or trustee so
long as the authority shall continue in default.;
(2) To obtain the appointment of a receiver of any housing
project development of said the authority or any part thereof and
of the rents and profits therefrom. If such a receiver be is
appointed, he or she may enter and take possession of such the
housing project development or any part thereof and ( ,so long as
the authority shall continue in default), operate and maintain
same, and collect and receive all fees, rents, revenues, or other
charges thereafter arising therefrom, and shall keep such moneys in
a separate account or accounts and apply the same in accordance
with the obligations of said the authority as the court shall
direct.; and
(3) To require said the authority and the commissioners
thereof to account as if it and they were the trustees of an
express trust.
§16-15-24. County Housing authorities empowered to provide housing
for farmers of low and moderate income.
Housing authorities created for counties and other authorities
whose jurisdiction includes rural areas are specifically empowered and authorized to borrow money, accept grants and exercise their
other powers to provide housing for farmers of low and moderate
income. In connection with such projects developments, such
housing authorities may enter into such leases or purchase
agreements, accept such conveyances and rent or sell dwellings
forming part of such projects developments to or for farmers of low
and moderate income, as such the housing authority deems necessary
in order to assure the achievement of the objectives of this
article. Such l Leases, agreements or conveyances may include such
covenants as the housing authority deems appropriate regarding such
dwellings and the tracts of land described in any such instrument,
which covenants shall be deemed to run with the land where the
housing authority deems it necessary and the parties to such
instrument so stipulate. Nothing contained in this section shall be
construed as limiting any other powers of any housing authority.
§16-15-25. Application for low-cost housing for farmers.
The owner of any farm operated, or worked upon, by farmers of
low and moderate income in need of safe and sanitary housing may
file an application with a housing authority of a county requesting
that it provide for a safe and sanitary dwelling or dwellings for
occupancy by such farmers of low and moderate income. Such The
applications shall be received and examined by housing authorities
in connection with the formulation of projects developments or
programs to provide housing for farmers of low and moderate income.
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(NOTE: The purpose of this bill is to update West Virginia's
public housing law. This bill broadens the duties and
responsibilities of housing authorities to allow them to be more
self supporting and less dependent upon dwindling federal funds.
The bill allows authorities to serve persons of eligible income
which now includes those of moderate income or the working poor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Sections three-a and thirteen are is new; therefore,
strike-throughs and underscoring have been omitted.)