Housing authority by municipalities; creation; delegation of authority; powers

17-2340. Housing authority by municipalities; creation; delegation of authority; powers. Every municipality in addition to other powers conferred by this or any other act, shall have power, by proper resolution of its governing body, to create as an agent of such municipality an authority to be known as the "housing authority" of the municipality. The municipality may delegate to such authority any or all of the powers conferred on the municipality by this act, and may authorize it to employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and to delegate to one or more of its agents or employees such powers or duties as the authority may deem proper. Such housing authority shall have the power to sue and be sued. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, an authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of the resolution herein prescribed. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. History: L. 1957, ch. 132, § 4; L. 1970, ch. 90, § 1; L. 1973, ch. 96, § 2; July 1. Law Review and Bar Journal References: Power of municipal housing authorities to sue and be sued not specifically authorized under prior law, Robert F. Bennett, 39 J.B.A.K. 107, 109 (1970). Attorney General's Opinions: Topeka Housing Authority is liable for negligence of its employees; city not liable under theory of respondeat superior. 2001-25. Out-of-state entity is not authorized to act as a public housing authority in Kansas. 2012-5-A. CASE ANNOTATIONS 1. Municipal housing authority does not have power to enter into contracts relating to employee tenure. Wiggins v. Housing Authority of Kansas City, 22 Kan. App. 2d 367, 368, 370, 916 P.2d 718 (1996). 2. Issue concerning whether housing authority was a separate and independent employer under FLSA (29 U.S.C. 1201 et seq.) precluded summary judgment. Barajas v. Unified Government of Wyandotte County, 87 F. Supp. 2d 1201, 1208 (2000). 3. Material fact issue concerning whether housing authority and unified county government were separate entities precluded summary judgment. Johnson v. Unified Gov't. of Wyandotte Cty., 127 F. Supp. 2d 1181, 1195 (2000). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026