Title 20, Social Services

§356D-44 Administration of state low-income public housing projects and programs. (a) The authority shall construct, develop, and administer property or housing for the purpose of state low-income public housing projects and programs. (b) The authority shall offer any decommissio…

[§356D-45] State low-income housing revolving fund. There is established a revolving fund to be known as the state low-income housing revolving fund. Notwithstanding any law to the contrary, moneys received by the authority under or pursuant to this subpart, including refunds, re…

[§356D-45.5] Delinquent accounts. (a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its account receivable records delinquent accounts for vacated units within state low-income public housing projects that have been delin…

[§356D-46] Investigatory powers. (a) The authority may: (b) Investigations or examinations may be conducted by the authority, or by a committee appointed by it consisting of one or more members of the board, or by counsel, or by an officer or employee specially authorized by the …

[§356D-47] Government aid; political subdivisions. Any political subdivision may appropriate moneys for the purposes of meeting any local participation in housing costs or expenses required to obtain assistance from the federal government in the development and administration of …

[§356D-5] Resident advisory boards; establishment. (a) The authority may establish a resident advisory board or boards, which shall be comprised of federal public housing residents or section 8 tenant-based housing assistance recipients, to assist and make recommendations to the …

[§356D-50] Additional powers. The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities conferred…

B. State Low-Income Housing; Liens [§356D-51] Definitions. As used in this subpart, unless a different meaning clearly appears from the context: "Tenant" includes any person occupying a room, dwelling unit, living quarters, or space in any state low-income housing project, under …

[§356D-52] Lien on personalty for rent, etc. (a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of, every tenant while the personal property is in or upon any state low-income housing projec…

[§356D-53] Foreclosure of lien, notice, etc. (a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be foreclosed by the authority by selling the property at public auction: (b) If the tenant fails to pay to …

[§356D-54] Sheriff or police to assist. The authority, in taking, seizing, holding, retaining, or selling any personal property pursuant to sections 356D-52 and 356D-53, may require the assistance of the sheriff or any authorized police officer of any county. Any sheriff or offic…

[§356D-55] Existing contracts not impaired. Sections 356D-52 and 356D-53 shall not be construed as to impair or affect the obligation of any contract existing on or before May 9, 1949. [L 2006, c 180, pt of §2]

[§356D-56.1] Disposition of abandoned or seized property. (a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any state low-income housing project upon compliance with the requirements of this section. (b) The authority shall send…

[§356D-57] Disposition of surplus proceeds. After the sale, the authority shall apply the proceeds as provided in section 356D-56. The balance, if any remaining, shall be paid over to the former resident or occupant. If the balance is not claimed by the former resident or occupan…

[§356D-58] Lien attaches to personalty in possession. Sections 356D-56 and 356D-57 shall also apply to any personal property which, before May 2, 1949, was left in or about any public housing project, and was taken into the possession of the authority or its predecessor in intere…

[§356D-59] Priority of housing lien. The statutory liens provided for in this subpart shall be preferred and have priority over all other liens or claims and over all attachments or other process. [L 2006, c 180, pt of §2]

§356D-6 Nomination of resident board member. (a) If a vacancy occurs for the resident member seat on the board, the resident advisory board shall compile a list of no less than three but no more than five individuals for the governor's consideration for appointment to the board; …

§356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas. (a) Smoking shall be prohibited in any public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, with…

§356D-6.7 Closed to the public. (a) Any area within a housing project or on a parcel owned by the authority that is not a public street, road, highway, sidewalk, or county or state bus stop, shall be closed to the public where signs are displayed that read: "Closed to the Public …

[§356D-60] Rights and powers; supplemental. The rights and powers conferred upon the authority by this subpart shall be in addition and supplemental to the rights and powers conferred upon the authority by any other law. [L 2006, c 180, pt of §2]

[C.] State Low-Income Housing; Evictions [§356D-61] Definitions. As used in this subpart: "Party" means each person or agency named or admitted as a party or properly seeking and entitled as the right to be admitted as a party in any court or agency proceeding. "State low-income …

[§356D-62] Termination and evictions. (a) Except as otherwise provided by law, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a state low-income housing project and …

[§356D-63] Hearings. (a) When the authority proposes to terminate a lease, rental agreement, permit, or license and evict a tenant under section 356D-62, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the tenan…

[§356D-64] Eviction. (a) If the eviction board finds cause to terminate a lease, rental agreement, permit, or license and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The written notice shall …

[§356D-65] Ex parte motion. If a tenant cannot be served with an order of eviction or writ of possession, and the authority receives an affidavit or declaration stating this fact, service on the tenant may be made in accordance with a special order of the authority. The order sha…

[§356D-66] Judicial review. (a) Any tenant aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial…

[§356D-67] Appeals. An aggrieved party may secure a review of any final judgement of the circuit court under this subpart by appeal to the appellate courts, subject to chapter 602. The appeal shall be taken in the manner provided in the rules of court. [L 2018, c 204, pt of §1]

[§356D-68] Rules. The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this subpart. [L 2018, c 204, pt of §1]

[§356D-7] Fair housing law to apply. Notwithstanding any law to the contrary, chapter 515 shall apply in administering this chapter. [L 2006, c 180, pt of §2]

[§356D-7.5] Exemption from tax on income and obligations. Income earned and obligations issued by a nonprofit entity determined to be a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are d…

PART IV. HOUSING FOR ELDERS AND TEACHERS A. Housing for Elders §356D-71 Resident selection; dwelling units; rentals. In the administration of elder or elderly housing, the authority shall observe the following with regard to resident selection, dwelling units, and rentals:

[§356D-72] Housing for elders revolving fund. There is created a housing for elders revolving fund to be administered by the authority. Notwithstanding any law to the contrary, moneys received or collected by the authority pursuant to this subpart shall be deposited into the revo…

§356D-8 Acquisition, use, and disposition of property. (a) The authority may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any person or government to provide housing. Exchange of real property shall be in…

[§356D-80] Additional powers. The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities so confer…

[§356D-9] Cooperative agreements with other government agencies. (a) The authority may: (b) For the purpose of aiding and cooperating in the planning, construction, and operation of public housing projects located within their respective territorial boundaries, the state or count…

PART V. PUBLIC HOUSING; EVICTIONS §356D-91 Definitions. As used in this part unless the context otherwise requires: "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in any court or agency proce…

§356D-92 Termination and eviction. (a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premi…

§356D-93 Hearings. (a) Where the authority proposes to terminate a lease or rental agreement and evict a tenant under section 356D-92, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the person concerned specify…

[§356D-94] Eviction. (a) If it is proven to the satisfaction of the eviction board that there is cause to terminate a lease or rental agreement and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy.…

[§356D-95] Ex parte motion. If a tenant cannot be served with an order of eviction or writ of possession, and the facts shall appear by affidavit to the authority, service to the tenant may be made according to the special order of the authority. The order shall require the offic…

[§356D-96] Judicial review. (a) Any person aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial…

§356D-97 Appeals. An aggrieved party may secure a review of any final judgment of the circuit court under this part by appeal to the appellate courts, subject to chapter 602. The appeal shall be taken in the manner provided in the rules of court. [L 2006, c 180, pt of §2; am L 20…

[§356D-98] Rules. The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 2006, c 180, pt of §2]