36-47 - Consolidated housing authority.
§ 36-47. Consolidated housing authority.
If the governing body of each of two or more municipalities (whether or notcontiguous) by resolution declares that there is a need for one housingauthority to be created for all of the municipalities to exercise in themunicipalities the powers and other functions prescribed for a consolidatedhousing authority, a political subdivision of the Commonwealth to be known asa consolidated housing authority (with a corporate name it selects) shallthereupon exist for all of the municipalities and exercise its public andcorporate powers and other functions within its area of operation (as hereindefined), including the power to undertake projects therein. Thereupon, anyhousing authority created for each of the municipalities shall cease to existexcept for the purpose of winding up its affairs and executing a deed of itsreal property to the consolidated housing authority. The creation of aconsolidated housing authority and the finding of need therefor shall besubject to the same provisions and limitations of this chapter as areapplicable to the creation of a regional housing authority. The provisions ofthis chapter applicable to regional housing authorities and the commissionersthereof shall be applicable to consolidated housing authorities and thecommissioners thereof. The area of operation of a consolidated housingauthority shall include all of the territory within the boundaries of eachmunicipality joining in the creation of the authority, except that the areaof operation may be changed to include or exclude any municipality ormunicipalities in the same manner and under the same provisions as providedin this chapter for changing the area of operation of a regional housingauthority by including or excluding a county or counties. For all suchpurposes, the term "board of supervisors" shall be construed as meaning"governing body." The term "county" shall be construed as meaning"municipality" and the terms "county housing authority" and "regionalhousing authority" shall be construed as meaning "housing authority of thecity" and "consolidated housing authority," respectively, unless adifferent meaning clearly appears from the context.
The governing body of a municipality for which a housing authority has notbeen created shall not adopt the above resolution unless it first declaresthat there is a need for a consolidated housing authority to function in themunicipality, which declaration shall be made in the same manner and subjectto the same conditions as the declaration of the governing body of a cityrequired by § 36-4 for the purpose of authorizing a housing authority createdfor a city to transact business and exercise its powers.
Except as otherwise provided herein, a consolidated housing authority and thecommissioners thereof shall, within the area of operation of the consolidatedhousing authority, have the same functions, rights, powers, duties,privileges, immunities and limitations as those provided for housingauthorities created for cities, counties, or groups of counties and thecommissioners of such housing authorities, in the same manner as though allthe provisions of law applicable to housing authorities created for cities,counties, or groups of counties were applicable to consolidated housingauthorities.
The term "municipality" as used in this chapter shall mean any county, cityor town in the Commonwealth.
The term "residential buildings" as used in this chapter shall include, butnot be limited to, any multi-family residential property in which no lessthan twenty percent of the units will be occupied by persons of low incomeand the remainder therein by persons of moderate income, both as determinedby the housing authority using the criteria set forth in the definition of"persons and families of low and moderate income" in § 36-55.26, and anynursing care facility, or any nursing home as defined in § 32.1-123.
(1942, p. 323; Michie Code 1942, § 3145(4k); 1958, c. 82; 1982, c. 330; 1983,c. 347; 1984, c. 350; 1987, c. 433; 1988, c. 217.)