Chapter 71, PUBLIC HEALTH AND WELFARE
1,943 sections in this chapter.
Neb. Rev. Stat. § 71-15,103 Commissioner; city representative; required; when.
1.0K chars
The governing body of any city other than a city of the metropolitan class in which a housing agency has been or may be created may appoint one of its members to serve as one of the five commissioners of such housing agency for such term as the governing body may determine. Notwi…
Neb. Rev. Stat. § 71-15,104 Resident commissioner; selection; procedure.
4.5K chars
(1)(a) Except as provided in subsection (4) of this section, each housing agency created under the Nebraska Housing Agency Act shall include among the commissioners constituting the governing body of such local housing agency at least one commissioner who shall be known as a resi…
Neb. Rev. Stat. § 71-15,105 Commissioner; removal; procedure.
1.5K chars
(1) A commissioner of a local housing agency may be removed for neglect of duty, misconduct in office, or conviction of any felony by the chief elected official of the city or county appointing the commissioner, or if no chief elected official exists, then by the governing body. …
Neb. Rev. Stat. § 71-15,106 Officers; executive director; employees; city of the metropolitan class; information; meetings; requirements.
2.0K chars
(1)(a) The commissioners of each housing agency shall elect a chairperson and vice-chairperson from among the commissioners and shall have power to employ an executive director who shall serve as ex officio secretary of the local housing agency. (b) Each agency may employ legal c…
Neb. Rev. Stat. § 71-15,107 Commissioner; expenses.
0.3K chars
A commissioner shall receive no compensation for his or her services but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of his or her duties on the same basis as provided in sections 81-1174 to 81-11…
Neb. Rev. Stat. § 71-15,108 Local housing agency; dissolution; conditions.
1.3K chars
Any local housing agency may by written resolution elect to dissolve, except that no such dissolution or any transfer of property pursuant to dissolution shall occur unless the following conditions are met: (1) The governing body of the city or county which established the local …
Neb. Rev. Stat. § 71-15,109 Local housing agency; dissolution; transfer of rights, property, and liability.
1.3K chars
Within a reasonable time subsequent to approval by all necessary parties of a local housing agency's resolution to dissolve, the agency shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the agency's property, the…
Neb. Rev. Stat. § 71-15,110 Local housing agency; dissolution; effect on area of operation.
0.2K chars
After any dissolution and transfer, notwithstanding anything contained in section 71-1588, the area of operation of the receiving local housing agency shall include, nonexclusively, the area of operation of the transferring local housing agency.
Neb. Rev. Stat. § 71-15,111 Regional housing agency; dissolution; procedure.
0.5K chars
A regional housing agency desiring to dissolve may do so in the same manner as provided in sections 71-15,108 and 71-15,109, except that consent of all participating cities and counties shall be required and the transfer of property and assets of the regional housing agency upon …
Neb. Rev. Stat. § 71-15,112 Local housing agency; general powers.
0.7K chars
(1) A local housing agency shall possess all powers necessary, convenient, or desirable in carrying out the purposes of the Nebraska Housing Agency Act, exercising any power provided in the act, and engaging in any activity related to furthering the purposes of the act. Such powe…
Neb. Rev. Stat. § 71-15,113 Local housing agency; powers enumerated.
28.4K chars
In addition to any other express, constructive, or implied powers existing under applicable law, a local housing agency shall have the following powers, which may be exercised singly or in any combination, the enumeration of which shall not be construed to limit the powers of any…
Neb. Rev. Stat. § 71-15,114 Housing agency; borrow money and issue bonds; liability.
2.2K chars
(1) A housing agency may borrow money, incur indebtedness, and issue bonds, notes, or other instruments from time to time in its discretion upon such terms and conditions as it shall deem necessary or desirable for any purpose permitted under the Nebraska Housing Agency Act, incl…
Neb. Rev. Stat. § 71-15,115 Housing agency; obligations; issuance and sale.
1.1K chars
(1) Obligations of a housing agency shall be authorized by a resolution adopted by a vote of a majority of the board of commissioners. (2) The obligations of an agency, including bonds, notes, and other evidences of indebtedness, may be issued in one or more series and shall bear…
Neb. Rev. Stat. § 71-15,116 Obligations; validity and enforceability.
1.3K chars
(1) In case any of the representatives of the housing agency whose signatures appear on any obligations cease to be commissioners, officers, or agents of the issuing agency before the delivery of such obligations, the signatures shall nevertheless be valid and sufficient for all …
Neb. Rev. Stat. § 71-15,117 Issuance of obligations or incurring debt; housing agency; powers.
4.7K chars
In connection with the issuance of obligations or the incurring of debt and in order to secure the payment of such obligations or debt, a housing agency may: (1) Pledge all or any part of its gross or net rents, fees, or revenue to which its right then exists or thereafter comes …
Neb. Rev. Stat. § 71-15,118 Obligee; rights.
0.7K chars
An obligee of a housing agency, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may: (1) By mandamus or other action or proceeding for legal or equitable remedies, compel the housing agency and its r…
Neb. Rev. Stat. § 71-15,119 Obligee; powers conferred.
1.5K chars
A housing agency, by its resolution, trust indenture, mortgage, lease, or other contract, may in its discretion elect to confer upon any obligee holding or representing a specified amount in bonds or other instruments or holding a lease such rights as the housing agency determine…
Neb. Rev. Stat. § 71-15,120 Investments in obligations authorized.
1.1K chars
The state and all public agencies therein, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators, gua…
Neb. Rev. Stat. § 71-15,121 Tax status of bonds and other obligations.
1.0K chars
(1) All bonds, notes, certificates, and other instruments evidencing indebtedness of a housing agency or any controlled affiliate thereof are deemed to be issued for an essential public and governmental purpose and shall be free of taxation of any kind by this state and its publi…
Neb. Rev. Stat. § 71-15,122 Revenue; how treated.
0.9K chars
The operation of housing developments and the other activities permitted to be undertaken by a local housing agency under the Nebraska Housing Agency Act, and all income, fees, or revenue derived or generated therefrom and belonging to such local housing agency, are for public us…
Neb. Rev. Stat. § 71-15,123 Establishment of rental rates.
3.2K chars
A local housing agency shall conduct its affairs in accordance with sound financial and business practices, taking into account the nature of its activities and intended purpose. The agency shall operate its housing developments in a manner calculated to enable the agency to fix …
Neb. Rev. Stat. § 71-15,124 Mixed-income developments; restrictions; requirements.
2.3K chars
(1) With respect to any mixed-income development that is constructed or acquired after January 1, 2000, and is solely owned by a local housing agency, not more than sixty percent of the dwelling units in such development shall be occupied by persons who are not persons of eligibl…
Neb. Rev. Stat. § 71-15,125 Income, surplus, and payments; use.
0.2K chars
All income, surplus, and payments received by a local housing agency, or to which such agency shall become entitled, shall be used for carrying out the purposes of the Nebraska Housing Agency Act.
Neb. Rev. Stat. § 71-15,126 Policies and procedures; standards.
0.3K chars
A local housing agency shall not apply its policies, rules, procedures, criteria, requirements, and exclusions with respect to eligibility of applicants, granting assistance, or enforcing standards relating to occupancy or continuance of assistance in an arbitrary or capricious m…
Neb. Rev. Stat. § 71-15,127 Discretionary powers; how construed.
0.3K chars
Nothing contained in the Nebraska Housing Agency Act shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing agency to exercise any one or more of its discretionary powers.
Neb. Rev. Stat. § 71-15,128 Noncontrolled affiliates; treatment.
0.5K chars
Noncontrolled affiliates of housing agencies shall not, by virtue of their affiliation with such local housing agencies, become subject to the laws of this state applicable to public agencies and their governing bodies, including, but not limited to, laws pertaining to public dis…
Neb. Rev. Stat. § 71-15,129 Financing; limitations.
1.2K chars
No guaranty, other recourse obligation, mortgage, or security instrument, or other recourse instrument, given or entered into by a housing agency in connection with financing the acquisition, creation, modernization, rehabilitation, or replacement of a development which exposes t…
Neb. Rev. Stat. § 71-15,130 Financial affairs; how conducted.
0.1K chars
Local housing agencies shall conduct their financial affairs in a prudent and sound manner.
Neb. Rev. Stat. § 71-15,131 Special limited fund; authorized; restrictions on use.
1.9K chars
Neither a housing agency nor any controlled affiliate shall lend its credit to or guarantee or be a surety for the indebtedness or performance of any noncontrolled affiliate or third party, or any other individual or entity other than another public agency of the state, except as…
Neb. Rev. Stat. § 71-15,132 Dwelling units; occupancy eligibility.
0.6K chars
Except as otherwise provided in the Nebraska Housing Agency Act with respect to mixed-income developments or except as otherwise permitted by law, dwelling units in a local housing agency's developments shall be rented only to households consisting of persons of eligible income a…
Neb. Rev. Stat. § 71-15,133 Plan for selection of applicants.
2.4K chars
Each housing agency shall adopt and promulgate fair and equitable policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a wa…
Neb. Rev. Stat. § 71-15,134 Discrimination prohibited.
0.7K chars
Nothing contained in the Nebraska Housing Agency Act shall limit the ability of any local housing agency to establish and apply different criteria or requirements with respect to admissions and occupancy, to utilize different methods of establishing and charging rents, or to impo…
Neb. Rev. Stat. § 71-15,135 Current occupants; how treated.
0.5K chars
Households which are already in occupancy or are receiving assistance but which become ineligible for occupancy or other assistance by reason of income may continue their occupancy or receipt of other assistance at the discretion of the local housing agency for such period, upon …
Neb. Rev. Stat. § 71-15,136 Lease; terms and conditions.
0.5K chars
The local housing agency may require that each household occupying a dwelling unit enter into a lease containing such terms and conditions and for such duration as the agency reasonably deems appropriate. No tenant or lessee of, or recipient of assistance from, a local housing ag…
Neb. Rev. Stat. § 71-15,137 Change in household; effect.
0.4K chars
In the event of a change in the composition of a tenant household, the local housing agency shall have the authority to determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing agency …
Neb. Rev. Stat. § 71-15,138 Termination of tenancy; conditions.
1.1K chars
Except as provided in the Nebraska Housing Agency Act, the landlord-tenant relationship, and the termination thereof, is governed by state law applicable to privately owned residential property. Without limiting such provision, a local housing agency may terminate the tenancy of …
Neb. Rev. Stat. § 71-15,139 Termination of tenancy; procedure; recovery of possession of premises; when.
5.2K chars
(1) A housing agency may adopt and promulgate rules and regulations consistent with federal and state laws, rules, and regulations and the purposes of the Nebraska Housing Agency Act concerning the termination of tenancy. (2)(a) If a housing agency seeks to terminate a resident's…
Neb. Rev. Stat. § 71-15,140 Personal property; rules and regulations.
1.2K chars
A housing agency may adopt and promulgate reasonable rules and regulations consistent with the purposes of the Nebraska Housing Agency Act concerning personal property of residents and other persons located in a development of the agency, and if such personal property is not remo…
Neb. Rev. Stat. § 71-15,141 Report; false report; penalty; audits.
2.0K chars
(1) Within nine months after the end of each fiscal year, each local housing agency shall prepare a report summarizing such agency's activities for the year then ended. The report shall contain financial statements depicting the financial condition of the agency, its assets and l…
Neb. Rev. Stat. § 71-15,142 Plan for location and boundaries; approval required.
0.8K chars
Before any local housing agency shall construct any new development for housing purposes, it shall submit to the governing body of the city or county creating such agency, as the case may be, or to the governing body of the political subdivision which has zoning jurisdiction for …
Neb. Rev. Stat. § 71-15,143 Local housing agency representative; liability.
0.2K chars
No representative of a local housing agency shall personally be civilly or criminally liable with respect to any matter or act not directly committed or authorized by such person.
Neb. Rev. Stat. § 71-15,144 Housing agency representative; indemnification.
0.9K chars
If any legal action is brought against any representative of any housing agency, whether such person is a volunteer or partly paid or fully paid, based upon the negligent error or omission of such person while in the performance of his or her lawful duties, the housing agency sha…
Neb. Rev. Stat. § 71-15,145 Effect of local planning, zoning, sanitary, and building laws.
1.5K chars
(1) Except as otherwise provided in this section, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located. (2) In order to facilitate development, redevelopment, and other activities in furth…
Neb. Rev. Stat. § 71-15,146 Records; exempt from disclosure.
2.0K chars
Notwithstanding the provision of any other law with respect to the availability of public records for inspection, the following records of a housing agency are exempt from disclosure: (1) All records in the individual file of a resident, former resident, or applicant for public h…
Neb. Rev. Stat. § 71-15,147 Records; disclosure permitted; when.
1.0K chars
A housing agency may provide any of the records described in section 71-15,146 to: (1) Any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed; (2) Such parties as the housing agency deems ne…
Neb. Rev. Stat. § 71-15,148 Individual files; examination permitted.
0.1K chars
Any applicant or recipient of assistance from a housing agency may examine his or her individual file or files at reasonable times and intervals.
Neb. Rev. Stat. § 71-15,149 Conflict of interest; terms, defined.
0.8K chars
For purposes of sections 71-15,149 to 71-15,157: (1) Housing agency official means any representative of a housing agency or any director, officer, or employee of a resident management corporation or other resident organization who exercises authority or carries out responsibilit…
Neb. Rev. Stat. § 71-15,150 Conflict of interest; prohibited acts.
2.6K chars
(1) Except as otherwise permitted under the provisions of sections 71-15,149 to 71-15,157, no housing agency official shall own or hold an interest in any contract or property or engage in any business, transaction, or professional or personal activity that would: (a) Be or appea…
Neb. Rev. Stat. § 71-15,151 Conflict of interest; disclosure required; when.
0.9K chars
If (1) a housing agency official becomes involved in an activity or, through inheritance or other involuntary cause or circumstance, acquires an interest that violates any provision of sections 71-15,149 to 71-15,157 or (2) a local government official, after becoming employed by …
Neb. Rev. Stat. § 71-15,152 Housing agency official; recusal; when.
1.0K chars
A housing agency official shall recuse himself or herself from any vote, decision, or other action and shall not directly or indirectly participate in any action or proceeding which involves an actual or potential conflict of interest as described in sections 71-15,149 to 71-15,1…