Title 45, Title 45 and Cities

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may upon terms, with or without consideration, that it may determine: (1) Dedicat…

Any city in which a housing authority has been created, has the power, from time to time, to lend or donate money to the authority or to agree to take that action. The housing authority, when it has money available, shall make reimbursements for all loans made to it.

The exercise by a state public body of the powers granted by this chapter may be authorized by resolution of the governing body of a state public body adopted by a majority of the members of its governing body present at a meeting of the governing body, which resolution may be ad…

The powers conferred by §§ 45-25-16 — 45-25-19 and §§ 45-25-24 — 45-25-26 are in addition and supplemental to the powers conferred by any other law.

An authority is exempt from the payment of any taxes or fees to the state or any subdivision of the state or to any officer or employee of the state or subdivision of the state.

Bonds and mortgages of an authority are declared to be issued for a public purpose and to be public instrumentalities, and together with interest, are exempt from tax.

The following terms, wherever used or referred to in chapters 25 — 27 of this title, have the following respective meanings, unless a different meaning clearly appears from the context: (1) “Authority” or “housing authority” means a public body and a body corporate and politic, o…

The property of an authority is exempt from all local and municipal taxes. An authority shall pay to the city a sum fixed annually by the city. A city may: (1) Fix a sum to be paid to it annually by an authority in respect of each project; or (2) Agree that an authority not pay o…

The authority shall, at least once a year, file with the mayor of the city a report of its activities for the preceding year, and make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of chap…

An authority or the city may apply, to the superior court in any county in which the city or any part of it is located, for an order dissolving the authority. The court shall hold a hearing in open court after giving notice of hearing as the court may require. Upon a showing to t…

If any one or more sections, clauses, sentences, or parts of chapters 25 — 27 of this title shall for any reason be questioned in any court, and adjudged unconstitutional or invalid, the judgment shall not affect, impair, or invalidate the remaining provisions, but shall be confi…

Any housing authority as defined by the provisions of this chapter may elect to accept the provisions of chapter 21 of this title entitled Retirement of Municipal Employees by resolution adopted by the commissioners of the authority, the acceptance to be forwarded to the retireme…

(a) The city or town council of any city or town is authorized to create by ordinance an Indian housing authority consistent with the requirements of this chapter. Any Indian housing authority created under the terms of this chapter shall be organized for the purpose of directly …

The authority: (1) May participate in any state or federal programs of low and moderate income housing assistance and community development; and (2) For this purpose may: (i) Enter into and perform a contract or agreement with the state, the United States, or a federal agency; (i…

Any twenty-five (25) residents of a city may file a petition with the city clerk stating that there is a need for an authority to function in the city. Upon the filing of the petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which …

(a) Upon the date fixed for the hearing held upon notice as provided in this section, an opportunity to be heard is granted to all residents and taxpayers of the city and to all other interested persons. After the hearing, the council shall determine: (1) Whether unsanitary or un…

If the council, after a hearing as provided in § 45-25-5, determines that neither of the conditions enumerated in § 45-25-5 exist, it shall adopt a resolution denying the petition. After three (3) months have expired from the date of the denial of the petitions, subsequent petiti…

(a) If it determines that either or both of the conditions enumerated in § 45-25-5 exist, the council shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall cause notice of the determination to be given to the mayor, who shal…

(a) When the application has been made, filed, and recorded, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners, a certificate of incorporation …

In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certi…

It is declared that the findings and declarations stated in § 45-25-2 are also applicable to towns in the state.

Any housing authority, which has rural areas under its jurisdiction, may undertake the provision of housing for families of low income in those rural areas, and may comply with any conditions required by the federal government pursuant to federal law in any contract for financial…

Any housing authority, as defined by the provisions of this chapter, may elect to accept the provisions of chapter 21 of this title entitled Retirement of Municipal Employees by resolution adopted by the commissioners of the authority, the acceptance to be forwarded to the retire…

Every person, regardless of sex, who was disabled while serving in the military or naval service of the United States in the Spanish American war, the insurrection in the Philippines, the China relief expedition, World War I, World War II, or in any conflict or war, whether decla…

(a) Upon request of any tenant in a public housing for people who are elderly project, the managing authority shall post, on or near the exterior door of the apartment of the tenant, an indication of any disability of the tenant in a form and size that is immediately understood i…

(a) In each town of the state there is created a public body corporate and politic to be known as the “housing authority” of the town (hereafter called “town authority”); provided, that the town authority does not transact any business or exercise its powers until or unless the t…

The town council shall adopt a resolution declaring that there is a need for a town authority to function in the town if it finds: (1) That unsanitary or unsafe inhabited dwelling accommodations or blighted areas exist in the town; or (2) That there is a shortage of safe or sanit…

(a)(1) When the town council adopts a resolution creating a town authority, the town council shall appoint five (5) persons as commissioners of the town authority; provided, however, that the town of Lincoln shall appoint seven (7) persons as commissioners of the town authority. …

The findings of each town council declaring the need for a town authority shall be made in the same manner and degree as is required for each city council in § 45-25-7, and each town authority shall secure its certificate of incorporation in the manner prescribed for housing auth…

The area of operation of a town authority includes all of the town for which it is created; provided, that no authority operates in any area in which an authority already established is operating without the consent by resolution of the authority already operating in that area.

Town authorities and their commissioners, within their respective areas of operation, have the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities, created for cities and their commissioners. All the provisions of law a…

State public bodies have the same rights and powers to aid and cooperate with town authorities that state public bodies have with respect to housing authorities in cities.

Towns also have power from time to time to lend or donate money to town authorities or to agree to take that action. Any town authority, when it has the money available, shall make reimbursements for all loans made to it.

(a) The authority has power to issue bonds, from time to time in its discretion, for any of its corporate purposes. The authority also has power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The authority may issue types of bonds th…

In connection with any project financed in whole or in part or otherwise aided by a government (whether through a donation of money or property, a loan, the insurance or guaranty of a loan, or otherwise), the authority also has power to mortgage all or any part of its property, r…

An obligee of the authority has the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee: (1) By mandamus, suit, action, or proceeding in law or equity (all of which may be joined in on…

Any authority has power by its trust indenture, mortgage, lease, or other contract to confer upon any obligee, holding or representing a specified amount in bonds, lease, or other obligations, the right upon the happening of an “event of default” as defined in the instrument: (1)…

All the rights and remedies conferred in this chapter are cumulative and in addition to all other rights and remedies that may be conferred upon an obligee of the authority by law or by contract with the authority.

(a) No interest of the authority in any property, real or personal, is subject to sale by the foreclosure of a mortgage on it, either through judicial proceedings or the exercise of a power of sale contained in the mortgage, except in the case of the mortgages provided for in § 4…

The authority may agree in any mortgage made by it that the mortgage is subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements on it. In that event, any purchaser or purchasers …

In addition to the powers conferred upon the authority by other provisions of chapters 25 — 27 of this title, the authority is empowered to borrow money or accept grants from the federal government for or in aid of any housing project which the authority is authorized to undertak…

All agreements, and undertakings of housing authorities established pursuant to the housing authorities law, entered into before March 8, 1943, relating to financing or aiding in the development or operation of any housing projects, including (without limiting the generality of t…

(a) All proceedings, acts, and things undertaken or done before March 8, 1943, in or for the authorization, issuance, execution, sale, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the development or construction of a housing pro…

All bonds, notes, contracts, agreements, and obligations of housing authorities issued or entered into before May 6, 1941, relating to financing or undertaking (including cooperating with or acting as an agent of the federal government in) the development or administration of any…

Neither the commissioners of the authority nor any person executing the bonds is personally liable on the bonds by reason of their issuance. The bonds and other obligations of the authority (and the bonds and obligations shall so state on their face) are not a debt of the city, t…

The authority may by resolution provide that: (1) All moneys deposited by it are secured by obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits, or (2) By any securities in which savings banks may legally invest fun…