36-19 - Enumeration of powers.
§ 36-19. Enumeration of powers.
An authority shall constitute a political subdivision of the Commonwealthwith public and corporate powers, and having all the powers necessary orconvenient to carry out and effectuate the purposes and provisions of thischapter, including the following powers in addition to others herein granted:
1. To sue and to be sued; to have a seal and to alter the same at pleasure;to have perpetual succession; to make and execute contracts and otherinstruments necessary or convenient to the exercise of the powers of theauthority; and to make, amend and repeal bylaws, rules and regulations, notinconsistent with law, to carry into effect the powers and purposes of theauthority.
2. Within its area of operation, to prepare, carry out, acquire, lease andoperate housing projects and residential buildings, and to provide for theconstruction, reconstruction, improvement, alteration or repair of anyhousing project, residential building, or any part thereof, and to construct,remodel or renovate any public building or other facility used for publicpurposes provided the authority is requested to do so by the governing bodyof the political subdivision wherein the public building or facility islocated.
3. To arrange or contract for the furnishing by any person or agency, publicor private, of services, privileges, works, or facilities for, or inconnection with, a housing project or the occupants thereof; and(notwithstanding anything to the contrary contained in this chapter or in anyother provision of law) to include in any contract let in connection with aproject, any provisions required to comply with any conditions which thefederal government may have attached to its financial aid of the project.
4. In connection with any housing project: to lease or rent any dwelling,houses, accommodations, lands, buildings, structures or facilities embracedin any housing project and (subject to the limitations contained in thischapter) to establish and revise the rents or charges therefor; to own, hold,and improve real or personal property; to purchase, lease, obtain optionsupon, acquire by gift, grant, bequest, devise, or otherwise any real orpersonal property or any interest therein; to acquire by the exercise of thepower of eminent domain any real property; to sell, lease, exchange,transfer, assign, pledge or dispose of any real or personal property or anyinterest therein; to insure or provide for the insurance of any real orpersonal property or operations of the authority against any risks orhazards, to procure or agree to the procurement of insurance or guaranteesfrom the federal government of the payment of any bonds or parts thereofissued by an authority, including the power to pay premiums on any suchinsurance.
5. To invest any funds held in reserves or sinking funds, or any funds notrequired for immediate disbursement, in property or security in which savingsbanks may legally invest funds subject to their control; to purchase itsbonds at a price not more than the principal amount thereof and accruedinterest, all bonds so purchased to be cancelled.
6. Within its area of operation, to investigate into living, dwelling andhousing conditions and into the means and methods of improving suchconditions; to determine where blighted or slum areas exist or where there isa shortage of decent, safe and sanitary dwelling accommodations for personsof low income; to make studies and recommendations relating to the problem ofclearing, replanning and reconstructing of blighted or slum areas, and theproblem of providing dwelling accommodations for persons of low income, andto cooperate with the locality, the Commonwealth or any other politicalsubdivision thereof in action taken in connection with such problems; and toengage in research, studies and experimentation on the subject of housing.
7. To make loans or grants for the prevention and elimination of blighted orslum areas and for assistance in housing construction or rehabilitation byprivate sponsors of any and all funds received through federal programs andany and all funds received from other sources, public or private includingbut not limited to, rehabilitation loans received pursuant to the provisionsof § 312 of the Federal Housing Act of 1964, as amended and the Housing andCommunity Development Act of 1974.
8. Within its area of operation, to act as agent for a political subdivisionor agency of the Commonwealth or for a federal agency in making constructionor rehabilitation loans to persons of low or moderate income in accordancewith the rules and regulations of the political subdivision or agency.
9. Within its area of operation to make grants, loans or refinance loans madeby others for assistance in planning, development, acquisition, construction,repair, rehabilitation, equipping or maintenance of commercial, residentialor other buildings; provided that prior approval of any such loan by thelocal governing body shall be required if the building is not located withina housing, redevelopment or conservation area, or rehabilitation area andprovided further that any rehabilitation funded by any such grant or loan isin compliance with property maintenance standards contained in duly adoptedredevelopment or conservation plans in effect in such area of operation.
10. To borrow money and issue evidence of indebtedness in the name of and forthe use of the authority, to issue bonds and other obligations, and givesecurity therefor, subject to such limitations as may be imposed by law.
11. To conduct examinations and investigations, and to make available toappropriate agencies (including those charged with the duty of abating orrequiring the correction of nuisances or like conditions, or of demolishingunsafe or unsanitary structures within its area of operation) its findingsand recommendations with regard to any building or property where conditionsexist which are dangerous to the public health, morals, safety or welfare.
12. With the approval of the local governing body or its designee, to formcorporations, partnerships, joint ventures, trusts, or any other legal entityor combination thereof, on its own behalf or with any person or public orprivate entity.
13. To exercise all or any part or combination of powers herein granted.
No provisions of law with respect to the acquisition, operation ordisposition of property by other political subdivisions or public bodiesshall be applicable to an authority unless the legislature shall specificallystate.
(1938, p. 450; Michie Code 1942, § 3145(8); 1971, Ex. Sess., c. 153; 1976, c.510; 1977, c. 136; 1978, c. 679; 1982, c. 596; 1983, c. 27; 1984, cc. 350,450; 1988, cc. 217, 416; 1995, c. 193; 2002, c. 548; 2006, c. 784.)