ENROLLED
Senate Bill No. 252
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Kessler, Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem,
Kimble and Scott)
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[Passed February 24, 1998; in effect ninety days from passage.]
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AN ACT 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 increased 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 nonresidential 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 of 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 noncontrolled
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.
(6) "Authority" or "housing authority" 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.
(8) "City" means and includes any political subdivision of
this state, whether incorporated or unincorporated, known as a
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.
(10) "Commissioner" means one of the members of the governing
board of a housing authority appointed in accordance with the
provisions of this article.
(11) "Community facilities" means lands, buildings and
equipment, real and personal property suitable for recreational, or
social assembly, for educational, health, or welfare purposes and
other necessary activities for the use and benefit of the occupants
of housing developments and the public.
(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.
(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.
(18) "Government" 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.
(21) "Low-cost housing" shall include any housing
accommodations which are or are to be rented at not in excess of a
maximum rate per room, or maximum average rate per room, which
shall be specified or provided by the housing authority of the city
in which such housing accommodations are or are to be located, or
the Legislature, or a duly constituted agency of the state, or of
the United States of America.
(22) "Mayor" 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.
(23) "Noncontrolled 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.
(24) "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.
(25) "Person" means a family and, where the context so
requires, a household.
(26) "Persons of eligible income" means individuals or
families as defined by a public housing authority within the
applicable local, state and federal funding guidelines.
(27) "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 or 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.
(28) "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.
(29) "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.
(30) "Slum clearance" 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.
(31) "State" 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 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. No authority hereby created shall transact any business
or exercise its powers hereunder until or unless the governing body
of the city or the county, by proper resolution, determines that
there is need for an authority: Provided, 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 prior law, but each housing authority shall continue as
a public body corporate and politic and shall have the area of
operation defined in section one of this article for a city or
county housing authority. Each housing authority created pursuant
to this section shall adopt a name for all legal and operating
purposes.
(b) The determination as to whether or not there is a need for an authority: (1) May be made by the governing body on its own
motion; or (2) shall be made by the governing body upon the filing
of a petition signed by twenty-five residents of the city or county
asserting that there is need for an authority to function in 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 if it finds: (1)
That unsanitary or unsafe inhabited dwellings exist in the city or
county; or (2) that there is a shortage of safe or sanitary
dwellings in the city or county available to persons of low or
moderate income at rental rates or purchase prices they can afford.
In determining whether dwellings are unsafe or 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 the dwellings, the
size and arrangement of the rooms, the sanitary facilities, and the
extent to which conditions exist in 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. An adopted resolution shall be deemed sufficient if it declares that there is
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. A copy of a resolution 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 the adoption. Upon
receiving the notice, the mayor shall appoint five persons as
commissioners of the authority created for the city. When the
governing body of a county adopts a resolution as aforesaid, it
shall appoint five persons as commissioners of the authority
created for 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.
Thereafter commissioners shall be appointed 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 shall be conclusive evidence of the due and proper appointment of 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 by the county commission. A commissioner shall be removed only
after 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 and 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 its commissioners.
§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
multijurisdictional 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 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 development. If any member or employee of
any authority owns or controls an interest direct or indirect in
any property included in any development, which was acquired prior
to his or her appointment or employment, he or she shall disclose
the same in writing to the authority. 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 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 development. The authority may allocate such expenses among
its 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 living and housing conditions in the
authority's area of operation and the means and methods of
improving such conditions;
(2) To determine 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 developments;
(4) To provide for the construction, reconstruction,
redevelopment, improvement, alteration or repair of any development
or any part thereof;
(5) To take over by purchase, lease or otherwise any
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 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, county, state or federal government or any
agency, instrumentality or subdivision thereof, of property,
options or property rights or for the furnishing of property or
services in connection with a 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 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, 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;
(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
and rules 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 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.
§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 any provisions of this code to the contrary, to include in any contract let in connection with a
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
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 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, 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 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 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 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 development undertaken by it. 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 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, providing for supervision and
control of the authority or of any 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 the county commission, as appropriate, a report of its
activities for the preceding year, and shall make recommendations
with reference to 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
developments in an efficient manner so as to enable it to fix the
rentals, leases or purchase prices for dwellings at the lowest
possible rates consistent with its providing decent, safe and
sanitary dwellings, and that no housing authority shall construct
or operate any development for profit, or as a source of revenue to
the city or county.
(b) It is the goal of this state to provide access to decent,
safe, sanitary and affordable housing to its residents. The
benefits of this article are not a matter of right, but of
privilege. 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 are
responsible for their own conduct and for the actions of other
members of their households and of their guests. Housing
authorities may impose and enforce occupancy standards and
requirements to prohibit any criminal or other activity which
threatens the health, safety or right to peaceful enjoyment of the
premises or development by other residents. If eviction or lease
termination are possible outcomes of the housing authority's enforcement of its occupancy standards, unless federal law or
regulation provides otherwise, in any eviction or lease termination
proceeding, there must be a finding of either: (1) The tenant's
participation in; or (2) the tenant's knowledge of the
participation of a member of the tenant's household or a tenant's
guest in, criminal activities or other activities which threaten
the health, safety or right to peaceful enjoyment of the premises
or development by other residents. Unless, otherwise provided by
federal law or regulation, any act done by a guest or member of a
tenant's household is presumed to be known to the tenant. This
presumption may be rebutted by clear and convincing evidence that
the tenant could not reasonably have known that the act would occur
or that the tenant took reasonable measures to prevent the act from
occurring. In all cases of eviction or lease termination, the
housing authority shall consider all circumstances surrounding the
individual eviction, including the seriousness of the offense,
extent of participation by household members, and effect of
eviction on household members not involved. In appropriate cases,
housing authorities may allow the tenant and the members of his or
her household to remain. Even if there is no finding of knowledge,
the tenant may be required to: (1) Prohibit any guest from
visiting; and (2) remove any member of the household from the unit,
if that individual participated in criminal activities or other
activities which threaten 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 programs 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 and limitation of powers.
(a) In the operation or management of housing developments an
authority shall at all times observe the following duties with
respect to rentals, tenant selection and home ownership:
(1) It may rent or lease dwellings therein only to persons of
eligible income and at rentals within the financial reach of such
persons;
(2) It may rent or lease to a tenant 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;
(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 nonresidential 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 nonresidential 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 nondwelling 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 developments
financed, in whole or in part, with the proceeds of such bonds;
exclusively the income and revenues of certain designated housing
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 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, 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.
(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 development
to provide housing for persons of eligible income shall be
conclusively deemed to have been issued for a housing development
of such character, and 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 bonds.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of
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 revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise
dispose of any housing 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 bonds or otherwise, and as to the issuance of 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 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 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, as long as the authority is
in default, to retain possession and to use, operate and manage any
housing 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 covenants and to do any and all 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
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 the obligee, subject
only to any contractual restrictions binding upon 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 the obligee, and to require the carrying
out of any or all covenants and agreements of 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 an obligee of the authority.
§16-15-23. Surrender of possession of 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 development or any part
thereof to be surrendered to the obligee; possession may be
retained by the bondholder or trustee so long as the authority
shall continue in default;
(2) To obtain the appointment of a receiver of any housing
development of the authority or any part thereof and of the rents
and profits therefrom. If a receiver is appointed, he or she may
enter and take possession of the housing 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 the authority as the
court shall direct; and
(3) To require the authority and the commissioners thereof to
account as if it and they were the trustees of an express trust.
§16-15-24. 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 developments, housing authorities
may enter into leases or purchase agreements, accept such
conveyances and rent or sell dwellings forming part of developments
to or for farmers of low and moderate income, as the housing
authority deems necessary in order to assure the achievement of the
objectives of this article. Leases, agreements or conveyances may
include such covenants as the housing authority deems appropriate
regarding 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 requesting that it
provide for a safe and sanitary dwelling or dwellings for occupancy
by farmers of low and moderate income. The applications shall be
received and examined by housing authorities in connection with the
formulation of developments or programs to provide housing for
farmers of low and moderate income.