Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

Notwithstanding the provisions of any other law, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the authority or his service thereto. Source: SL 1973, ch 180 , § 7; SDCL…

The authority may make commitments to purchase, and purchase, service, and sell federally insured mortgages and make loans directly upon the security of any such mortgage, if the underlying mortgage loans have been made and continue to be used solely to finance or refinance the c…

The authority may sell or otherwise dispose of, at public or private sale, with or without public bidding, or assign or transfer, any mortgage loan or other obligation held by the authority, including, without limitation, the transfer of a mortgage loan or other obligation to any…

Repealed by SL 2012, ch 78 , § 87.

The authority may institute any action or proceeding against any housing sponsor or persons and families receiving a loan pursuant to the provisions of this chapter, or owning any housing development or housing project pursuant to the provisions of this chapter in any court of co…

In connection with any action or proceeding pursuant to § 11-11-137 , the authority may apply for the appointment of a receiver to take over, manage, operate, and maintain the affairs of such housing sponsor, and the authority through such agent as it shall designate is hereby au…

In the event of the reorganization of any housing sponsor, such reorganization shall be subject to the supervision and control of the authority, and no such reorganization shall be had without the prior written consent of the authority. Source: SL 1973, ch 180 , § 15; SDCL Supp, …

Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a director, officer, or employee of any financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, o…

In the event of a judgment against any housing sponsor in any action not pertaining to the foreclosure of a mortgage, there shall be no sale of any of the real property included in any housing development hereunder of such housing sponsor except upon sixty days' written notice to…

The authority may promulgate rules pursuant to this chapter, regarding the definition of persons and families of low and moderate income, the regulation of borrowers, the admission of occupants to housing developments pursuant to this chapter, and the construction of ancillary co…

Mortgage loans and other financing made by the authority to housing sponsors of multifamily residential housing units and sponsors of day-care facilities shall be subject to the terms and conditions set forth in §§ 11-11-148 to 11-11-161 , inclusive, as applicable. Source: SL 197…

No application for a loan for a housing development shall be processed unless the applicant is a housing sponsor as defined in §

The ratio of loan to total housing development cost and the amortization period of loans made under this chapter which are insured by the Federal Housing Administration (FHA) shall be governed by the FHA mortgage insurance commitment for each housing development; but in no event …

The commissioners shall serve five - year terms, with no more than two commissioners appointed to any one term, with each term beginning July first and ending on June thirtieth. Each commissioner shall be appointed for a term ending five years from the date of expiration of the t…

In the case of a mortgage loan not insured by FHA the amount of the loan may not exceed one hundred percent of the total housing development cost as determined by the authority and the amortization period of such loan shall be determined in accordance with regulations formulated …

Each mortgage loan made or other financing provided by the authority shall contain such terms and provisions and be in such form as approved by the authority. With respect to multifamily residential housing projects and day-care facilities, the authority may also assist the devel…

The authority shall have authority to set from time to time the interest rates at which it shall make loans and commitments therefor. Such interest rates shall be established by the authority at the lowest level consistent with the authority's cost of operation and its responsibi…

11-11-155 Surety bonds and other assurances of payment and performance. 11-11-156 Repealed by SL 2012, ch 78 , §§ 99 to 103. 11-11-161 Conditions of mortgage loan or other financing. 11-11-162 Repealed by SL 2012, ch 78 , § 105. 11-11-163 Supervision of multifamily residential ho…

Repealed by SL 2012, ch 78 , § 97.

If the authority is providing mortgage financing, the authority shall require the housing sponsor receiving a loan or its contractor to post surety bonds or other assurances of payment of labor and materials, and construction performance in such amounts as the authority may deem …

Before entering into a commissioner's duties, each commissioner of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the…

As a condition of a mortgage loan or other financing, the authority may, at all times during the construction or rehabilitation of a housing development or housing project by a housing sponsor and the operation thereof: (1) Order such alterations, changes, or repairs as may be ne…

Repealed by SL 2012, ch 78 , § 105.

The authority, in the supervision of housing sponsors of multifamily residential housing units and day-care facilities and their real and personal property, may: (1) Prescribe uniform systems of accounts and records for housing sponsors; (2) Require housing sponsors to make repor…

11-11-170 11-11-170 to 11-11-174. Repealed by SL 1983, ch 106 , §§ 4GG to 4KK 11-11-175 Repealed by SL 2012, ch 78 , §§ 112 to 115. 11-11-179 Retirement and redemption of investments in sponsor of multifamily units and day-care facilities. 11-11-180 General power to make rules an…

A commissioner shall be removed from office by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and public hearing unless such notice or hearing shall be expressly waived in writing. Source: SL 1973, ch 180 , § 4; SDCL Supp, § 28-1…

The authority shall have the power, in the supervision of housing sponsors of multifamily residential housing units and day - care facilities and their real and personal property, to regulate the retirement of any capital investment or the redemption of stock where any such retir…

The commissioners shall elect from among their number a chairman and a vice - chairman annually and such other officers as they may determine. Source: SL 1973, ch 180 , § 5; SDCL Supp, § 28-19-17.

The authority shall have the power, as necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, to make and publish rules and regulations respecting its lending programs and such other rules and regulations as are necessary to effectuate it…

The authority shall submit to the Governor and the Legislature within one hundred fifty days of the close of its fiscal year a complete and detailed report setting forth: (1) Its operations and accomplishments; (2) Its receipts and expenditures during the fiscal year in accordanc…

Notwithstanding any other provision of law, the authority shall be audited annually by a certified public accountant approved by, and under the direction of, the auditor general and any such private audit shall be filed with the Department of Legislative Audit upon completion. So…

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be cons…

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling. Source: SL 1973, ch 180 , § 52; SDCL Supp, § 28-19-161.

This chapter may be cited as the South Dakota Housing Development Authority Act. Source: SL 1973, ch 180 , § 53; SDCL Supp, § 28-19-162. 11-11-186 to 11-11-188. Repealed by SL 2012, ch 78 , §§ 117 to 119. 11-11-189. Repealed by SL 1992, ch 105 , § 5

Repealed by SL 1992, ch 105 , § 5

Meetings shall be held at the call of the chairman or whenever two commissioners so request. Four commissioners of the authority shall constitute a quorum and any action taken by the authority under the provisions of this chapter may be authorized by resolution approved by a majo…

It is further declared that in order to provide a fully adequate supply of sanitary, decent and safe accommodations at rental or carrying charges which such persons or families can afford, and a fully adequate supply of day - care facilities providing services at affordable price…

Commissioners shall receive compensation for the performance of their duties hereunder as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority. Source: SL 1973, ch 180 , § 6; SDCL Supp, § 28-19-19; SL 1977, ch 227 .

The Governor shall appoint an executive director of the authority. The executive director shall serve at the pleasure of the Governor. The executive director is the secretary of the authority and shall administer, manage, and direct the affairs and business of the authority, subj…

The Governor shall set the salary of the executive director, who shall be paid from funds provided by the authority. The salaries of the other employees shall be approved by the executive director. Source: SL 1979, ch 351 , § 34; SDCL Supp, § 28-19-20.1; SL 2012, ch 78 , § 7.

The executive director and employees of the authority shall be provided comparable employee benefits offered to state employees by chapters 3-6C , 3-6E , 3-10 , 3-11 , and 3-12C and for purposes of administration of this section, the executive director and employees of the author…

The secretary shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority and of its minute book and seal. He shall have authority to cause to be made copies of all minutes and other records and docum…

The authority shall, notwithstanding any section of chapter 11-7 , act as a housing and redevelopment commission for the state and be granted the same functions, rights, powers, duties, privileges, immunities, and limitations as conferred upon housing and redevelopment commission…

The authority may carry out and effectuate the purposes and provisions of this chapter. Source: SL 1973, ch 180 , § 12; SDCL Supp, § 28-19-23; SL 2012, ch 78 , § 10.

The authority may: (1) Sue and be sued in its own name; (2) Have an official seal and alter the same at pleasure; (3) Have perpetual succession; and (4) Maintain an office at such place or places within this state as it may designate. Source: SL 1973, ch 180 , § 12 (1) to (4); SD…

The authority may provide, contract, or arrange for consolidated processing of any aspect of a housing development or housing project in order to avoid duplication thereof by either undertaking such processing in whole or in part on behalf of any department, agency, or instrument…

It is the intent of the Legislature that the authority shall, to the greatest extent possible, hire and utilize private business firms in the performance of its duties as authorized by this chapter. Source: SL 1973, ch 180 , § 12 (30); SDCL Supp, § 28-19-26.

It is hereby further declared to be necessary and in the public interest: (1) That such State Housing Development Authority provide for predevelopment costs, temporary financing, land development expenses, and residential housing construction or rehabilitation by public and priva…

The authority may adopt and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority and the conduct of its business. Source: SL 1973, ch 180 , § 12 (5); SDCL Supp, § 28-19…

The authority may conduct research and promote development in housing, building technology, and related fields. Source: SL 1973, ch 180 , § 12 (13); SDCL Supp, § 28-19-28; SL 2012, ch 78 , § 14.