225C.45 - PUBLIC HOUSING UNIT.
225C.45 PUBLIC HOUSING UNIT.
1. The administrator may establish a public housing unit within a
bureau of the division to apply for, receive, and administer federal
assistance, grants, and other public or private funds for purposes
related to providing housing.
2. In implementing the public housing unit, the division may do
all of the following:
a. Prepare, implement, and operate housing projects and
provide for the construction, improvement, extension, alteration, or
repair of a housing project under the division's jurisdiction.
b. Develop and implement studies, conduct analyses, and
engage in research concerning housing and housing needs. The
information obtained from these activities shall be made available to
the public and to the building, housing, and supply industries.
c. Cooperate with the Iowa finance authority and participate
in any of the authority's programs. Use any funds obtained pursuant
to subsection 1 to participate in the authority's programs. The
division shall comply with rules adopted by the authority as the
rules apply to the housing activities of the division.
3. In accepting contributions, grants, or other financial
assistance from the federal government relating to a housing activity
of the division, including construction, operation, or maintenance,
or in managing a housing project or undertaking constructed or owned
by the federal government, the division may do any of the following:
a. Comply with federally required conditions or enter into
contracts or agreements as may be necessary, convenient, or
desirable.
b. Take any other action necessary or desirable in order to
secure the financial aid or cooperation of the federal government.
c. Include in a contract with the federal government for
financial assistance any provision which the federal government may
require as a condition of the assistance that is consistent with the
provisions of this section.
4. The division shall not proceed with a housing project pursuant
to this section, unless both of the following conditions are met:
a. A study for a report which includes recommendations
concerning the housing available within a community is publicly
issued by the division. The study shall be included in the
division's recommendations for a housing project.
b. The division's recommendations are approved by a majority
of the city council or board of supervisors with jurisdiction over
the geographic area affected by the recommendations.
5. Property acquired or held pursuant to this section is public
property used for essential public purposes and is declared to be
exempt from any tax or special assessment of the state or any state
public body as defined in section 403A.2. In lieu of taxes on the
property, the division may agree to make payments to the state or a
state public body, including but not limited to the division, as the
division finds necessary to maintain the purpose of providing
low-cost housing in accordance with this section.
6. Any property owned or held by the division pursuant to this
section is exempt from levy and sale by execution. An execution or
other judicial process shall not be issued against the property and a
judgment against the division shall not be a lien or charge against
the property. However, the provisions of this subsection shall not
apply to or limit the right of the federal government to pursue any
remedies available under this section. The provisions of this
subsection shall also not apply to or limit the right of an obligee
to take either of the following actions:
a. Foreclose or otherwise enforce a mortgage or other
security executed or issued pursuant to this section.
b. Pursue remedies for the enforcement of a pledge or lien on
rents, fees, or revenues.
7. In any contract with the federal government to provide annual
payments to the division, the division may obligate itself to convey
to the federal government possession of or title to the housing
project in the event of a substantial default as defined in the
contract and with respect to the covenant or conditions to which the
division is subject. The obligation shall be specifically
enforceable and shall not constitute a mortgage. The contract may
also provide that in the event of a conveyance, the federal
government may complete, operate, manage, lease, convey, or otherwise
deal with the housing project and funds in accordance with the terms
of the contract. However, the contract shall require that, as soon
as is practicable after the federal government is satisfied that all
defaults with respect to the housing project are cured and the
housing project will be operated in accordance with the terms of the
contract, the federal government shall reconvey the housing project
to the division.
8. The division shall not undertake a housing project pursuant to
this section until a public hearing has been held. At the hearing,
the division shall notify the public of the proposed project's name,
location, number of living units proposed, and approximate cost.
Notice of the public hearing shall be published at least once in a
newspaper of general circulation at least fifteen days prior to the
date set for the hearing. Section History: Recent Form
92 Acts, ch 1128, § 2; 94 Acts, ch 1170, §21; 95 Acts, ch 82, §3
Referred to in § 225C.4