Title 36, LOCAL GOVERNMENT

Sec. 1. Each county highway department shall control detrimental plants (as defined in IC 15-16-8-1), and noxious weeds as required by law. As added by P.L.86-1988, SEC.225. Amended by P.L.2-2008, SEC.81.

Sec. 2. All expenses for carrying out this chapter shall be paid out of funds from that county's allocation from the motor vehicle highway account. As added by P.L.86-1988, SEC.225.

Sec. 1. (a) This chapter applies to all units except townships. (b) Only the sections of this chapter that are listed in section 1.5 of this chapter apply to a consolidated city that by ordinance establishes or designates a department, division, or agency of the city to perform t…

Sec. 1.5. If a consolidated city adopts an ordinance under section 1 of this chapter, the legislative body or the department, division, or agency performing the public housing function: (1) has all powers granted to it by the consolidated city under this section and IC 36-1; (2) …

Sec. 10. (a) A housing authority may employ an executive director, technical experts, and other permanent and temporary officers, agents, and employees required by the authority, and may determine their qualifications, duties, and compensation. (b) If a housing authority needs le…

Sec. 11. (a) Except as provided in subsection (b), a commissioner or an employee of a housing authority may not acquire or have any direct or indirect interest in: (1) a housing project; (2) any property included or planned to be included in a project; or (3) a contract or propos…

Sec. 12. (a) The executive or fiscal body appointing the first commissioners of a housing authority shall select one (1) of those commissioners to be the first chair of the authority. When the office of the chair becomes vacant, the commissioners shall elect a chair, who must be …

Sec. 13. The following rules apply to proceedings of a housing authority: (1) Four (4) commissioners constitute a quorum. (2) A majority vote of the commissioners present is required to authorize an action of the authority, unless a greater vote is required by the bylaws of the a…

Sec. 14. A housing authority is a municipal corporation and has all the powers necessary or convenient for carrying out the purposes of this chapter. However, an authority may not initiate any project under this chapter without: (1) approval of the fiscal body that established th…

Sec. 15. A housing authority may: (1) sue and be sued; (2) have and alter a seal; (3) make and execute contracts and other instruments necessary or convenient for the exercise of its powers; and (4) adopt bylaws and rules, consistent with this chapter, to carry out its powers and…

Sec. 16. (a) A housing authority may: (1) prepare, carry out, acquire, lease, and operate housing projects; and (2) provide for the construction, reconstruction, improvement, alteration, or repair of all or part of a housing project. (b) Notwithstanding subsection (a), a housing …

Sec. 17. A housing authority may contract with a person or a public or private agency for: (1) services; (2) privileges; (3) works; or (4) facilities; related to a housing project or its occupants. Notwithstanding any other law, a contract let under this section may require the c…

Sec. 18. A housing authority may: (1) lease or rent any land, buildings, structures, or facilities included in a housing project; (2) fix the rentals or charges for property it rents or leases; (3) own, hold, and improve real or personal property; (4) acquire any interest in real…

Sec. 19. (a) A housing authority may invest any money that is held in reserves or sinking funds, or that is not required for immediate disbursement, in: (1) property or securities in which savings banks may invest money subject to their control; (2) the shares of any federal savi…

Sec. 2. The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and …

Sec. 20. A housing authority may: (1) investigate living and housing conditions, and methods of improving those conditions; (2) determine where slum areas exist or where there is a shortage of decent, safe, and sanitary dwelling accommodations for persons of low income; (3) make …

Sec. 21. A housing authority may designate one (1) or more commissioners or other persons to: (1) conduct examinations and investigations, on behalf of the authority; (2) hear testimony and take proof under oath at public hearings, on behalf of the authority; (3) administer oaths…

Sec. 22. (a) Notwithstanding any statute regarding rentals of, preferences or eligibility for admissions to, or occupancy of dwellings in housing projects, during the period that a housing authority finds that there is an acute need for housing to assure the availability of dwell…

Sec. 23. (a) A housing authority is not subject to statutes regarding the acquisition, operation, construction, reconstruction, improvement, alteration, repair, disposition, or exchange of real or personal property by other public bodies, except: (1) with regard to money received…

Sec. 24. (a) A housing authority shall manage and operate its housing projects in an efficient manner so that it may fix the rentals for dwelling accommodations at the lowest possible rates while providing decent, safe, and sanitary dwelling accommodations. The authority may not …

Sec. 25. The property of a housing authority is exempt from all taxes and special assessments of the state or any political subdivision. In lieu of taxes or special assessments, an authority may agree to make payments to any political subdivision for services, improvements, or fa…

Sec. 26. (a) A housing authority shall observe the following rules with respect to rentals and tenant selection in the operation and management of housing projects: (1) An authority may not accept a person as a tenant in a dwelling in a project if the persons who would occupy the…

Sec. 27. (a) Officers and members of the authority other than the resident manager are not eligible as tenants under this chapter. This section may not be construed to prevent an existing tenant from being appointed to the housing authority board. However, employees of the author…

Sec. 28. (a) A housing authority may, by the exercise of the power of eminent domain, acquire any real property that it considers necessary for its purposes under this chapter, if it first adopts a resolution declaring that necessity. An authority may exercise the power of eminen…

Sec. 29. All housing projects of a housing authority are subject to the applicable local ordinances and regulations regarding planning, zoning, sanitation, and building. In the planning and location of any housing project, an authority shall consider the relationship of the proje…

Sec. 3. For purposes of this chapter, persons or families who, without financial assistance, lack the amount of income that a housing authority finds is necessary to enable them to live in decent, safe, and sanitary dwellings without overcrowding are considered persons of low inc…

Sec. 30. (a) A housing authority may issue bonds, notes, or warrants to finance any of its corporate purposes. An authority may also issue refunding bonds for the purpose of paying or retiring bonds issued by it. (b) A housing authority may determine the types of bonds, notes, or…

Sec. 31. (a) Issues of bonds, notes, or warrants of a housing authority must be approved by the fiscal body of the unit after a public hearing, with notice of the time, place, and purpose of the hearing given by publication in accordance with IC 5-3-1. The bonds, notes, or warran…

Sec. 32. (a) In issuing bonds, notes, or warrants, incurring obligations under leases, and securing payment of those obligations, a housing authority may perform all acts necessary or desirable to secure the bonds, notes, or warrants or to make them more marketable. This includes…

Sec. 33. (a) For purposes of this chapter, the following persons are considered obligees of a housing authority: (1) A holder of bonds, notes, or warrants. (2) A trustee for such a holder. (3) A person who leases property to the authority for use in connection with a housing proj…

Sec. 34. (a) All real property of a housing authority is exempt from levy and sale by virtue of an execution, and no execution or other judicial process may be issued against it. (b) A judgment against a housing authority may not be made a charge or lien upon its real property. (…

Sec. 35. (a) A housing authority may do all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of a housing project by the authority, including: (1) borrowing money or acce…

Sec. 36. At least once a year, a housing authority shall file with the clerk of the fiscal body a report of its activities for the preceding year, and shall make recommendations for any additional legislation or other action it considers necessary to carry out the purposes of thi…

Sec. 37. (a) The state board of accounts shall prescribe methods and forms for keeping the accounts, records, and books to be used by a housing authority, and shall prescribe accounts to which particular outlays and receipts are to be entered, charged, or credited. (b) The state …

new construction with department of homeland security Sec. 38. (a) A housing authority shall file with the Indiana department of health a description of each proposed project, including plans and layout. The Indiana department of health shall, within thirty (30) days, transmit it…

Sec. 39. Approval of a project of a housing authority by a state board, commission, or agency is required only to the extent prescribed by this chapter. [Pre-Local Government Recodification Citation: 18-7-11-24 part.] As added by Acts 1981, P.L.309, SEC.37.

Sec. 4. (a) A unit may establish a housing authority if the fiscal body of the unit, by resolution, declares that there is a need for an authority in the unit. (b) The determination as to whether or not there is a need for an authority may be made by the fiscal body: (1) on its o…

Sec. 40. Notwithstanding this chapter, a housing project wholly or partially financed by the federal government remains subject to supervision and control by the federal government. [Pre-Local Government Recodification Citation: 18-7-11-24 part.] As added by Acts 1981, P.L.309, S…

Sec. 41. (a) This subsection applies to a municipality located in a county that does not have a county housing authority. A municipal housing authority has jurisdiction to exercise the powers granted by this chapter in the municipality and in the area within five (5) miles of the…

Sec. 42. Two (2) or more housing authorities may join or cooperate with one another in the exercise of any of the powers conferred by this chapter, for the purpose of financing, planning, undertaking, constructing, or operating housing projects located within the jurisdiction of …

Sec. 5. (a) After the fiscal body of a unit adopts a resolution under section 4 of this chapter, persons shall be appointed as commissioners of the housing authority in the following manner: (1) In a city, the fiscal body shall promptly notify the city executive of the adoption o…

Sec. 6. (a) Except as provided in subsection (b), a commissioner of a housing authority may not be an officer or employee of the unit for which the authority is created. (b) A member of a redevelopment commission established by a unit under IC 36-7-14 may be a commissioner of a h…

Sec. 7. (a) The executive or fiscal body appointing the first commissioners of a housing authority shall fix their terms as follows: (1) One (1) year for two (2) of the commissioners. (2) Two (2) years for two (2) of the commissioners. (3) Three (3) years for one (1) of the commi…

Sec. 8. A commissioner of a housing authority is entitled to: (1) a per diem allowance of up to one hundred dollars ($100) for attending a meeting of the authority; and (2) reimbursement for necessary expenses, including traveling expenses, incurred in the discharge of the commis…

Sec. 9. (a) A commissioner of a housing authority may be removed for inefficiency, neglect of duty, or misconduct in office, by: (1) the city executive, for a city housing authority; (2) the town fiscal body, for a town housing authority; or (3) the county fiscal body, for a coun…

Sec. 9.1. A commissioner of a housing authority is automatically removed whenever the commissioner's residence is outside the boundaries of the unit having the housing authority. As added by P.L.340-1985, SEC.2.