§ 157-3. Definitions.
§ 157‑3. Definitions.
The following terms, wherever used or referred to in this Article shallhave the following respective meanings, unless a different meaning clearlyappears from the context:
(1) "Authority" or "housing authority" shallmean a public body and a body corporate and politic organized in accordancewith the provisions of this Article for the purposes, with the powers andsubject to the restrictions hereinafter set forth.
(2) "Bonds" shall mean any bonds, interimcertificates, notes, debentures, obligations, or other evidences ofindebtedness issued pursuant to this Article.
(3) "City" shall mean any city or town having apopulation of more than 500 inhabitants according to the last federal census orany revision or amendment thereto.
(4) "City clerk" and "mayor" shall mean theclerk and mayor, respectively, of the city or the officers thereof charged withthe duties customarily imposed on the clerk and mayor respectively.
(5) "Commissioner" shall mean one of the members of anauthority appointed in accordance with the provisions of this Article.
(6) "Community facilities" shall include real andpersonal property, and buildings and equipment for recreational or socialassemblies, for educational, health or welfare purposes and necessary utilities,when designed primarily for the benefit and use of the housing authority and/orthe occupants of the dwelling accommodation.
(7) "Contract" shall mean any agreement of anauthority with or for the benefit of an obligee whether contained in aresolution, trust indenture, mortgage, lease, bond or other instrument.
(8) "Council" shall mean the legislative body,council, board of commissioners, board of trustees, or other body charged withgoverning the city.
(9) "Farmers of low income" shall mean persons orfamilies who at the time of their admission to occupancy in a dwelling of theauthority:
a. Live under unsafe or unsanitary housing conditions;
b. Derive their principal income from operating or working upona farm; and
c. Had an aggregate average annual net income for the threeyears preceding their admission that was less than the amount that shall bedetermined by the authority to be necessary, within its area of operation, toenable them, without financial assistance, to obtain decent, safe and sanitaryhousing, without overcrowding.
(10) "Federal government" shall include the UnitedStates of America, the Federal Emergency Administration of Public Works or anyagency, instrumentality, corporate or otherwise, of the United States ofAmerica.
(11) "Government" shall include the State and federalgovernments and any subdivision, agency or instrumentality, corporate orotherwise, of either of them.
(12) "Housing project" shall include all real andpersonal property, buildings and improvements, stores, offices, lands forfarming and gardening, and community facilities acquired or constructed or tobe acquired or constructed pursuant to a single plan or undertaking:
a. To demolish, clear, remove, alter or repair unsanitary orunsafe housing; and/or
b. To provide safe and sanitary dwelling accommodations forpersons of low income, or moderate income, or low and moderate income; and/or
c. To provide safe and sanitary housing for persons of lowincome, through payment of rent subsidies from any source; and/or
d. To provide grants, loans, interest supplements and otherprograms of financial assistance (including rent subsidies in furtherance of aprogram of home ownership) to persons of low income, or moderate income, or lowand moderate income, so that such persons may become owners of their ownhousing or rehabilitate their own housing; and/or
e. To provide grants, loans, interest supplements and otherprograms of financial assistance to public or private developers of housing forpersons of low income, or moderate income, or low and moderate income.
"Housing project" also includes any projectthat provides housing for persons of other than low or moderate income, as longas at least twenty percent (20%) of the units in the project are set aside forthe exclusive use of persons of low income.
The term "housing project" may also beapplied to the planning of the buildings and improvements, the acquisition ofproperty, the demolition of existing structures, the construction,reconstruction, alteration and repair of the improvements and all other work inconnection therewith.
(13) "Mortgage" shall include deeds of trust, mortgages,building and loan contracts or other instruments conveying real or personalproperty as security for bonds and conferring a right to foreclose and cause asale thereof.
(14) "Municipality" shall mean any city, town,incorporated village or other municipality in the State.
(15) "Obligee of the authority" or "obligee"shall include any bondholder, trustee or trustees for any bondholders, anylessor demising property to the authority used in connection with a housingproject or any assignee or assignees of such lessor's interest or any partthereof, and the United States of America, when it is a party to any contractwith the authority.
(15a) "Persons of low income" means persons in householdsthe annual income of which, adjusted for family size, is not more than sixtypercent (60%) of the local area median family income as defined by the mostrecent figures published by the U.S. Department of Housing and UrbanDevelopment.
(15b) "Persons of moderate income" means persons deemed bythe authority to require the assistance made available pursuant to this Chapteron account of insufficient personal or family income taking into consideration,without limitation, (i) the amount of the total income of such persons andfamilies available for housing needs, (ii) the size of the person's family,(iii) the cost and condition of housing facilities available, and (iv) theeligibility of such persons and families for federal housing assistance of anytype predicated upon a moderate or low and moderate income basis.
(16) "Real property" shall include lands, lands underwater, structures, and any and all easements, franchises and incorporealhereditaments and every estate and right therein, legal and equitable,including terms for years and liens by way of judgment, mortgage or otherwise.
(17) "State" shall mean the State of North Carolina.
(18) "Trust indenture" shall include instrumentspledging the revenues of real or personal properties but not conveying suchproperties or conferring a right to foreclose and cause a sale thereof. (1935, c. 456, s. 3; 1938, Ex. Sess., c. 2, s. 14;1941, c. 78, s. 2; 1943, c. 636, s. 1; 1959, cc. 321, 641, 1281; 1961, c. 200,s. 1; 1977, c. 924; 1987, c. 464, ss. 2, 3.)