In each city and in each county of the state, there is created a public body corporate and politic to be known as the "housing authority" of the city or county, as the case may be. Such authority may not transact any business nor exercise any powers granted by this chapter until the governing body of the city or of the county, as the case may be, by proper resolution, declares that there is need for an authority to function in such city or county. The determination as to whether there is such need may be made by the governing body on its own motion and must be made upon filing of a petition signed by twenty-five residents of the city or county, as the case may be, asserting that there is need for such authority to function in such city or county and requesting that the governing body so declare.
23-11-03. When resolution declaring housing authority to be necessary shall be adopted. 1. The governing body of the city or county, as appropriate, shall adopt a resolution declaring that there is need for a housing authority in the city or county if the governing body finds that unsanitary or unsafe inhabited dwelling accommodations exist in the city or county, or that there is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low or moderate income at rentals they can afford to pay. 2. In determining whether dwelling accommodations are unsafe or unsanitary, the governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to the inhabitants of the dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions which endanger life or property by fire or other causes exist in the buildings.