36-40 - Creation of regional housing authority.
§ 36-40. Creation of regional housing authority.
If the board of supervisors of each of two or more contiguous counties byresolution declares that there is a need for one housing authority to becreated for all of such counties to exercise in such counties powers andother functions prescribed for a regional housing authority, a politicalsubdivision of the Commonwealth to be known as a regional housing authorityshall thereupon exist for all of such counties and exercise its public andcorporate powers and other functions in such counties; and thereupon eachhousing authority created for each of such counties shall cease to existexcept for the purpose of winding up its affairs and executing a deed to theregional housing authority as hereinafter provided; provided that the boardof supervisors of a county shall not adopt a resolution as aforesaid if thereis a county housing authority created for such county which has anyobligations outstanding unless first, all obligees of such county housingauthority and parties to the contracts, bonds, notes, and other obligationsof such county housing authority consent in writing to the substitution ofsuch regional housing authority in lieu of such county housing authority onall such contracts, bonds, notes, or other obligations; and second, thecommissioners of such county housing authority adopt a resolution consentingto the transfer of all the rights, contracts, obligations, and property, realand personal, of such county housing authority to such regional housingauthority as hereinafter provided; and provided further that when the abovetwo conditions are complied with and such regional housing authority iscreated and authorized to exercise its powers and other functions, allrights, contracts, agreements, obligations, and property of such countyhousing authority shall be in the name of and vest in such regional housingauthority, and all obligations of such county housing authority shall be theobligations of such regional housing authority and all rights and remedies ofany person against such county housing authority may be asserted, enforced,and prosecuted against such regional housing authority to the same extent asthey might have been asserted, enforced, and prosecuted against such countyhousing authority.
When any real property of a county housing authority vests in a regionalhousing authority as provided above, the county housing authority shallexecute a deed of such property to the regional housing authority whichthereupon shall file such deed in the office provided for the filing ofdeeds, provided that nothing contained in this sentence shall affect thevesting of property in the regional housing authority as provided above.
The board of supervisors of each of two or more contiguous counties shall byresolution declare that there is a need for one regional housing authority tobe created for all of such counties to exercise in such counties powers andother functions prescribed for a regional housing authority, if such board ofsupervisors finds (and only if it finds) (a) that insanitary or unsafeinhabited dwelling accommodations exist in such county or there is a shortageof safe or sanitary dwelling accommodations in such county available topersons of low income at rentals they can afford and (b) that a regionalhousing authority would be a more efficient or economical administrative unitthan the housing authority of such county to carry out the purposes of thisHousing Authorities Law in such county.
In any suit, action, or proceeding involving the validity or enforcement ofor relating to any contract of the regional housing authority, the regionalhousing authority shall be conclusively deemed to have become created as apublic body corporate and politic and to have become established andauthorized to transact business and exercise its powers hereunder upon proofof the adoption of a resolution by the board of supervisors of each of thecounties creating the regional housing authority declaring the need for theregional housing authority. Each such resolution shall be deemed sufficientif it declares that there is need for the regional housing authority andfinds in substantially the foregoing terms (no further detail beingnecessary) that the conditions enumerated above in (a) and (b) exist. A copyof such resolution of the board of supervisors of a county, duly certified bythe clerk of such county, shall be admissible in evidence in any suit,action, or proceeding.
The area of operation of a regional housing authority shall include (exceptas otherwise provided elsewhere in this chapter) all of the counties forwhich such regional housing authority is created and established.
(1942, p. 317; Michie Code 1942, § 3145(4a).)