36-23 - Housing authority operations in other municipalities.
§ 36-23. Housing authority operations in other municipalities.
In addition to its other powers, any housing authority may exercise any orall of its powers within the territorial boundaries of any municipality notincluded in the area of operation of such housing authority, for the purposeof planning, undertaking, financing, rehabilitating, constructing andoperating a housing project or projects or a multi-family residentialbuilding or buildings within such municipality; provided that a resolutionshall have been adopted (a) by the governing body of such municipality inwhich the housing authority is to exercise its powers and (b) by theauthority of such municipality (if one has been theretofore established bysuch municipality and authorized to exercise its powers therein) declaringthat there is a need for the aforesaid housing authority to exercise itspowers within such municipality. A municipality shall have the same powers tofurnish financial and other assistance to such housing authority exercisingits powers within such municipality under this section as though themunicipality were within the area of operation of such authority.
No governing body of a municipality shall adopt a resolution as provided inthis section declaring that there is a need for the housing authority (otherthan a housing authority established by such municipality) to exercise itspowers within such municipality, unless a public hearing has first been heldby such governing body and unless such governing body shall have found insubstantially the following terms: (a) that insanitary or unsafe inhabiteddwelling accommodations exist in such municipality or that there is ashortage of safe or sanitary dwelling accommodations in such municipalityavailable to persons of low income at rentals they can afford; and (b) thatthese conditions can be best remedied through the exercise of the aforesaidhousing authority's powers within the territorial boundaries of suchmunicipality; provided that such findings shall not have the effect ofestablishing an authority for any such municipality under § 36-4 nor ofthereafter preventing such municipality from establishing an authority orjoining in the creation of a consolidated housing authority or the increaseof the area of operation of a consolidated housing authority. The clerk ofthe city or other municipality shall give notice of the time, place andpurpose of the public hearing at least ten days prior to the date on whichthe hearing is to be held, in a newspaper published in such municipality, orif there is no newspaper published in such municipality, then in a newspaperpublished in the Commonwealth and having a general circulation in suchmunicipality. Upon the date fixed for such public hearing an opportunity tobe heard shall be granted to all residents of such municipality and to allother interested persons.
During the time that, pursuant to these findings, the aforesaid housingauthority has outstanding (or is under contract to issue) any evidences ofindebtedness for a project within the municipality, no other housingauthority may undertake a project within such municipality without theconsent of the housing authority which has such outstanding indebtedness orobligation.
(1942, p. 324; Michie Code 1942, § 3145(41); 1984, c. 350.)