Title 31 — Welfare
34 chapters · 333 sections in this title.
31 Del. C. § 4301. Definitions.
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§ 4301. Definitions. As used in this chapter, unless a different meaning appears from the context: (1) “Area” or “area of operation” means the county or part of the county in and with respect to which an authority shall be created. (2) “Authority” or “housing authority” means a c…
31 Del. C. § 4302. Legislative purpose.
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§ 4302. Legislative purpose. It is as a matter of legislative determination that, in order to promote and protect the health, safety, morals and welfare of the public, it is necessary in the public interest to provide for the creation of public corporate bodies to be known as hou…
31 Del. C. § 4303. Creation of authority; appointment and removal of commissioners; area of operation.
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§ 4303. Creation of authority; appointment and removal of commissioners; area of operation. Whenever DSHA shall have determined that there is need for a housing authority in any county or in any part of a county of the State, it shall issue to each appointing officer named in thi…
31 Del. C. § 4304. Wilmington Housing Authority.
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§ 4304. Wilmington Housing Authority. The Wilmington Housing Authority shall consist of 9 commissioners, 7 of whom shall be appointed by the Mayor of the City of Wilmington, 1 of whom shall be appointed by the Governor and 1 of whom shall be appointed by the County Executive of N…
31 Del. C. § 4304A. Newark Housing Authority.
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§ 4304A. Newark Housing Authority. The Newark Housing Authority shall consist of 7 commissioners, 4 of whom shall be appointed by the Mayor of the City of Newark, and 3 of whom shall be appointed by the Governor. Each commissioner shall serve for a term of 3 years unless replaced…
31 Del. C. § 4305. Interest of authority member or employee in projects.
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§ 4305. Interest of authority member or employee in projects. No member or employee of an authority shall acquire any interest, direct or indirect, in a project or in any property then or thereafter included or planned to be included in a project, nor retain any interest direct o…
31 Del. C. § 4306. Organization by commissioners; quorum; employment of assistants.
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§ 4306. Organization by commissioners; quorum; employment of assistants. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairperson and vice-chairperson and by adopting…
31 Del. C. § 4307. Compensation and expenses of commissioners.
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§ 4307. Compensation and expenses of commissioners. No commissioner shall receive any compensation, whether in form of salary, per diem allowances or otherwise, for or in connection with the commissioner’s services as such commissioner. Each commissioner shall, however, be entitl…
31 Del. C. § 4308. Powers of authority.
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§ 4308. Powers of authority. (a) An authority shall constitute a body both corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in …
31 Del. C. § 4309. Agreements with federal government.
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§ 4309. Agreements with federal government. An authority may, in connection with the borrowing of funds, or otherwise, enter into any agreement with the federal government or any agency or subdivision thereof providing for supervision and control of the authority of any project, …
31 Del. C. § 4310. Transfer of property to authority by municipalities.
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§ 4310. Transfer of property to authority by municipalities. Any city, village or incorporated town included in the area of operation of an authority may sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges there…
31 Del. C. § 4311. Condemnation procedure.
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§ 4311. Condemnation procedure. Whenever the housing authority cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken or used in the construction, reconstruction or maintenance of any housing project or proposed housing proj…
31 Del. C. § 4312. Property as public property.
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§ 4312. Property as public property. All property, both real and personal, acquired, owned, leased, rented or operated by an authority is deemed public property for public use.39 Del. Laws, c. 16, § 11; Code 1935, § 5463; 31 Del. C. 1953, § 4311;
31 Del. C. § 4313. Projects subject to zoning regulations.
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§ 4313. Projects subject to zoning regulations. All projects of an authority shall be subject to the comprehensive development plan, including the housing component thereof, planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in wh…
31 Del. C. § 4314. Issuance of evidences of indebtedness; rights of creditors.
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§ 4314. Issuance of evidences of indebtedness; rights of creditors. Subject to the restrictions set forth in this chapter, an authority may incur any indebtedness, issue any obligations and give any security therefor which it deems necessary or advisable in connection with any pr…
31 Del. C. § 4315. Supervision of projects by the DSHA.
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§ 4315. Supervision of projects by the DSHA. Whenever any project of any agency, including public or private organizations or corporations, is financed in whole or in part by this State pursuant to Chapter 40 of this title, the Housing Director of DSHA may: (1) Order any agency u…
31 Del. C. § 4316. Material and labor contracts; bids.
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§ 4316. Material and labor contracts; bids. All materials furnished to and all labor for an authority in excess of the probable cost of $500, except materials and labor used in the maintenance and operation of housing projects and employees directly under the authority, shall be …
31 Del. C. § 4317. Dissolution.
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§ 4317. Dissolution. Whenever an authority desires to discontinue its operations, it shall make application to DSHA for permission to dissolve. Permission to dissolve shall be given only upon the showing, satisfactory to DSHA, that all projects undertaken by the authority have be…
31 Del. C. § 4318. Tax exemption; payments in lieu of taxes.
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§ 4318. Tax exemption; payments in lieu of taxes. The property of an authority is declared to be public property used for essential public purposes, and such property and an authority shall be exempt from all taxes and assessments of the city, the county, the State or any politic…
31 Del. C. § 4319. Exemption from execution sale.
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§ 4319. Exemption from execution sale. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an authority be a charge or lien upon its real…
31 Del. C. § 4320. Form and sale of bonds.
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§ 4320. Form and sale of bonds. Bonds, notes and certificates of indebtedness of an authority may be issued in 1 or more series, may bear such date or dates, may mature at such time or times from their respective dates, may bear interest at such rate or rates not in excess of 4% …
31 Del. C. § 4321. Authority to invest in bonds or other obligations of housing authorities.
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§ 4321. Authority to invest in bonds or other obligations of housing authorities. The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associati…
31 Del. C. § 4322. Additional powers of Department [Repealed].
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§ 4322. Additional powers of Department [Repealed]. Repealed by 71 Del. Laws, c. 357, § 18, effective July 2, 1998.
31 Del. C. § 4323. Inspection of housing projects located within the City of Wilmington.
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§ 4323. Inspection of housing projects located within the City of Wilmington. (a) Every dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be subject to the comprehensive developme…