Title 23 — Health and Safety

In this chapter, unless the context or subject matter otherwise requires: 1. "Area of operation" includes: a. In the case of a housing authority of a city having a population of less than fifteen thousand inhabitants, the city and the area within five miles [8.05 kilometers] of t…

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 …

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority must be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the…

The powers of each authority must be vested in the commissioners of the authority. The authority may delegate to one or more of its agents or employees such powers and duties as it deems proper.

The commissioners of an authority may employ a secretary who must be its executive director, and such technical experts, and other officers, agents, and employees, permanent and temporary, as it may require. The commissioners shall determine the qualifications of all persons empl…

A commissioner of an authority may be removed by the mayor, or in the case of an authority for a county, by the governing body of the county, for inefficiency, neglect of duty, or misconduct in office. A commissioner may be removed, however, only after having had an opportunity t…

An authority has the following powers and duties: 1. To exercise public and essential governmental functions. 2. To sue and be sued. 3. To have perpetual succession. 4. To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of th…

An authority shall fix the rentals for dwelling in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever source derived will be suff…

In the operation or management of housing projects, an authority at all times shall observe the following duties with respect to rentals and tenant selection: 1. The authority may rent or lease the dwelling accommodations in the project solely to persons of low or moderate income…

Sections 23-11-12, 23-11-13, and 23-11-14 may not be construed as limiting or restricting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or to cause the appointment of a receiver there…

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred upon them for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of…

The governing body of any city may, by resolution, dissolve the housing authority of such city for the purpose of electing to participate in a county housing authority pursuant to section 54-40-08. Upon the adoption of such a resolution the city authority shall cease to exist, ex…

As a prerequisite to the taking of real property by the exercise of the power of eminent domain, an authority shall adopt a resolution declaring that the acquisition of the real property described therein is necessary for its purposes under the provisions of this chapter. Such po…

All housing projects of an authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable in the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take int…

Bonds of an authority must be issued pursuant to a resolution of the commissioners thereof. The resolution must specify: 1. Whether the bonds must be issued in one or more series. 2. The date or dates which the bonds must bear. 3. The time or times at which the bonds must mature.…

1. An authority may issue any type of bond as the authority determines necessary for the purpose of financing housing for persons of low or moderate income, including a bond on which the interest and principal are payable: a. Exclusively from the income and revenues of the housin…

Neither the commissioners of an authority nor any person executing bonds of the authority is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of an authority are not a debt of the city, county, or state, nor of any political s…

Bonds issued by an authority may be sold at a private sale without notice or at public sale held after a notice has been published at least five days prior to the sale in a newspaper having a general circulation in the city or county, as the case may be. Bond issues sold at priva…

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of the bonds or obligations, an authority, in addition to the authority's other powers, has power: 1. To pledge all or any part of the authority's gross or net…

An authority may submit to the attorney general of this state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, the attorney general shall examine and pass upon t…

An obligee of an authority, in addition to all other rights which may be conferred on such obligee, and subject only to any contractual restrictions binding upon such obligee, may: 1. By mandamus, suit, action, or proceeding at law or in equity, compel the authority and the commi…

An authority, by its resolution, trust indenture, mortgage, lease, or other contract, may confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, in addition to all rights that otherwise may be conferred, the right, upon the happening of a…

All real property of an authority, including an authority created under Indian laws recognized by the federal government, is exempt from levy and sale by virtue of an execution, and no execution or other judicial process may issue against the same nor may any judgment against any…

The property of an authority used for low-income housing, authority administration, or other property solely owned by the authority and used to conduct the powers granted to the authority in this chapter, including an authority created under Indian laws recognized by the federal …

At least once every year, an authority shall file with the city auditor or county auditor, as the case may be, a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in o…

Any housing authority may undertake the development and administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities who, as determined by the housing authority, would not otherwise be able to secure safe …

A housing authority may exercise any or all of its powers for the purpose of cooperating with, or acting as agent for, the federal government in the development or administration of projects by the federal government to assure the availability of safe and sanitary dwellings for p…

Any city, county, or other public body may cooperate with housing authorities, or with the federal government, with respect to the development or administration of projects, and necessary slum clearance, to assure the availability of safe and sanitary dwellings for persons engage…

This chapter constitutes an independent authorization for a housing authority to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities and for veterans as provided in th…

As used in sections 23-11-31 to 23-11-36: 1. "Administration" means any and all undertakings necessary for management, operation, or maintenance, in connection with any project, and includes the leasing of any project, in whole or in part, from the federal government. 2. "Develop…

The powers conferred by sections 23-11-31 to 23-11-35 are in addition and supplemental to the powers conferred by any other law, and nothing contained herein may be construed as limiting any other powers of a housing authority.