WEST VIRGINIA CODE
WVC 16-
CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 16 -
ARTICLE 16. HOUSING COOPERATION LAW.
WVC 16 - 16 - 1
§16-16-1. Citation of article.
This article may be referred to as the "Housing Cooperation
Law."
WVC 16 - 16 - 2
§16-16-2. Declaration of purpose and necessity.
It has been found and declared in the "Housing Authorities
Law" (chapter ninety-three, acts of the Legislature, second
extraordinary session, one thousand nine hundred thirty-three)
that there exist in the state unsafe and unsanitary housing
conditions and a shortage of safe and sanitary dwelling
accommodations for persons of low income; that these conditions
necessitate excessive and disproportionate expenditures of public
funds for crime prevention and punishment, public health and
safety, fire and accident protection, and other public services
and facilities; and that the public interest requires the
remedying of these conditions. It is hereby found and declared
that the assistance herein provided for the remedying of the
conditions set forth in the "Housing Authorities Law" constitutes
a public use and purpose and an essential governmental function
for which public moneys may be spent, and other aid given; that
it is a proper public purpose for any state public body to aid
any housing authority operating within its boundaries or
jurisdiction or any housing project located therein, as the state
public body derives immediate benefits and advantages from such
an authority or project; and that the provisions hereinafter
enacted are necessary in the public interest.
WVC 16 - 16 - 3
§16-16-3. Definitions.
The following terms, whenever used or referred to in this
article, shall have the following respective meanings, unless a
different meaning clearly appears from the context:
"Housing authority" shall mean any housing authority created
pursuant to chapter ninety-three, acts of the Legislature, second
extraordinary session, one thousand nine hundred thirty-three,
and any amendments thereto.
"Housing project" shall mean any work or undertaking of a
housing authority pursuant to such chapter, and any amendments
thereto, or any similar work or undertaking of the federal
government.
"State public body" shall mean any city, town, village,
county, municipal corporation, commission, district, authority,
other subdivision or public body of the state.
"Governing body" shall mean the council, board, commission,
or other body having charge of the fiscal affairs of a state
public body.
"Federal government" shall include the United States of
America, the United States housing authority, or any other agency
or instrumentality, corporate or otherwise, of the United States
of America.
WVC 16 - 16 - 4
§16-16-4. Powers conferred upon state public bodies.
For the purpose of aiding and cooperating in the planning,
undertaking, construction or operation of housing projects
located within the area in which it is authorized to act, any
state public body may, upon such terms, with or without
consideration, as it may determine:
Dedicate, sell, convey or lease any of its interest in any
property, or grant easements, licenses or any other rights or
privileges therein to a housing authority or the federal
government;
Cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other
works which it is otherwise empowered to undertake, to be
furnished adjacent to or in connection with housing projects;
Furnish, dedicate, close, pave, install, grade, regrade,
plan or replan streets, roads, roadways, alleys, sidewalks or
other places which it is otherwise empowered to undertake;
Plan or replan, zone or rezone any part of such state public
body; make exceptions from building regulations and ordinances;
any city or town also may change its map;
Cause services to be furnished to the housing authority of
the character which such state public body is otherwise empowered
to furnish;
Enter into agreements with respect to the exercise by such
state public body of its powers relating to the repair, closing
or demolition of unsafe, insanitary, or unfit dwellings;
Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public
body, including funds derived from the sale or furnishing of
property or facilities to a housing authority, in the purchase of
the bonds or other obligations of a housing authority; and
exercise all the rights of any holder of such bonds or other
obligations;
Do any and all things necessary or convenient to aid and
cooperate in the planning, undertaking, construction or operation
of such housing project;
Incur the entire expense of any public improvements made by
such state public body in exercising the powers granted in this
article; and
Enter into agreements (which may extend over any period,
notwithstanding any provision or rule of law to the contrary),
with a housing authority respecting action to be taken by such
state public body pursuant to any of the powers granted by this
article. Any law or statute to the contrary notwithstanding, any
sale, conveyance, lease or agreement provided for in this section
may be made by a state public body without appraisal, public
notice, advertisement or public bidding.
WVC 16 - 16 - 5
§16-16-5. City or county may lend or donate money to housing
authority; reimbursement.
Any city or county located in whole or in part within the
area of operation of a housing authority shall have the power
from time to time to lend or donate money to such authority. A
housing authority, when it has money available therefor, shall
make reimbursements for all such loans made to it.
WVC 16 - 16 - 6
§16-16-6. How exercise of powers granted to state public body
authorized.
The exercise by a state public body of the powers herein
granted may be authorized by resolution of the governing body of
such state public body adopted by a majority of the members of
its governing body present at a meeting of said governing body,
which resolution may be adopted at the meeting at which such
resolution is introduced. Such a resolution or resolutions shall
take effect immediately and need not be laid over or published or
posted.
WVC 16 - 16 - 7
§16-16-7. Additional and supplemental powers conferred.
The powers conferred by this article shall be in addition
and supplemental to the powers conferred by any other law.
Note: WV Code updated with legislation passed through the 2012 1st Special Session