Code of Virginia - Title 36 Housing - Chapter 1 Housing Authorities Law

  • 36-1 Title of chapter
    This chapter may be referred to as the "Housing Authorities Law." (1938, p. 447; Michie Code 1942, § 3145(1).) ...
  • 36-2 Findings and declaration of necessity
    A. It is hereby found and declared that: 1. Blighted areas exist in the Commonwealth, and these areas endanger the health, safety, and welfare of ...
  • 36-3 Definitions
    The following terms, when used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the ...
  • 36-4 Creation of redevelopment and housing authorities
    In each locality there is hereby created a political subdivision of the Commonwealth, with such public and corporate powers as are set forth in this ...
  • 36-4.1 Holding of referendum; effect
    A. If a referendum is called for under § 36-4, either by resolution of the governing body or upon the petition of 100 qualified voters ...
  • 36-5 Reports
    At least once a year, an authority shall file with the clerk a report of its activities for the preceding year, including a financial statement ...
  • 36-6 Cooperation in undertaking housing projects
    Any county, city or town, for the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within such ...
  • 36-7 Loans and donations to housing authority
    Any city, town or county located in whole or in part within the area of operation of a housing authority shall have the power from ...
  • 36-7.1 Liquidation of housing project
    If the governing body of any county or city determines after a public hearing that the need for a housing project has ceased to exist ...
  • 36-8 Supplemental nature of chapter
    The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law; except as may be expressly ...
  • 36-9 Chapter controlling
    Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special or local, except as may be otherwise ...
  • 36-9.1 Exemptions from applicability of this chapter; conflicts in provisions of law
    This chapter shall not be applicable to farm structures as defined in § 36-3 unless they are within the purview of the Uniform Statewide Building ...
  • 36-10 Validation of establishment and organization of housing authorities and their contracts, undertakin...
    (1) Organization and establishment. - The establishment and organization of housing authorities in the Commonwealth of Virginia under the provisions of the housing authorities law ...
  • 36-11 Appointment and tenure of commissioners; compensation
    When the need for an authority to be activated in a city or county has been determined in the manner prescribed by law, the governing ...
  • 36-11.1 Compensation of commissioners in certain counties
    Notwithstanding any other provision of law, in any county having a population of more than 90,000 which adjoins three or more cities of the first ...
  • 36-11.1:1 Compensation of commissioners generally
    Notwithstanding any other provision of law, any redevelopment and housing authority may, from funds of the authority and with the approval of the governing body, ...
  • 36-11.2 Appointment of commissioners in certain cities
    Notwithstanding any other provision of law to the contrary, whenever the members of a council of any city have been authorized to act as commissioners ...
  • 36-12 Powers vested in commissioners; quorum
    The powers of each authority shall be vested in the commissioners thereof in office from time to time. A majority of the commissioners shall constitute ...
  • 36-13 Selection of chairman and other officers, agents and employees
    The governing body of the city or county shall designate which of the commissioners appointed shall be the first chairman, but when the office of ...
  • 36-14 Legal counsel
    For such legal services as it may require, an authority may call upon the city attorney of the city or the attorney for the Commonwealth ...
  • 36-15 Delegation of authority
    An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. (1938, p. 450; ...
  • 36-16 Description unavailable
    Repealed by Acts 1970, c. 463. ...
  • 36-17 Removal of commissioners
    For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority of any city or county may be removed by the ...
  • 36-18 Meetings and residence of commissioners
    Nothing contained in this chapter shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the ...
  • 36-19 Enumeration of powers
    An authority shall constitute a political subdivision of the Commonwealth with public and corporate powers, and having all the powers necessary or convenient to carry ...
  • 36-19.1 Description unavailable
    Not set out. (1952, c. 200; 1975, c. 575.) ...
  • 36-19.2 Powers limited by necessity for authority from or approval by governing body; public hearing on pro...
    A. Notwithstanding the provisions of § 36-19, no authority heretofore or hereafter permitted to transact business and exercise powers as provided in § 36-4 shall ...
  • 36-19.3 Description unavailable
    Repealed by Acts 1960, c. 230. ...
  • 36-19.4 Description unavailable
    Not set out. (1960, c. 490; 1975, c. 575.) ...
  • 36-19.5 Additional powers
    A. In addition to the powers otherwise granted, an authority may acquire, subject to prior approval, after public hearing, of each such acquisition by the ...
  • 36-20 Housing research and studies
    In addition to all its other powers, an authority may, within its area of operation, undertake and carry out studies and analyses of the housing ...
  • 36-21 Housing projects not to be operated for profit
    It is hereby declared to be the policy of this Commonwealth that each housing authority shall manage and operate its housing projects in an efficient ...
  • 36-22 Rentals and tenant selection
    In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection: ...
  • 36-22.1 Conveyance of streets; no trespass policy
    Each housing authority shall adopt a "no trespass" policy designed to protect the premises controlled by such authority and residents from nonresidents who enter the ...
  • 36-23 Housing authority operations in other municipalities
    In addition to its other powers, any housing authority may exercise any or all of its powers within the territorial boundaries of any municipality not ...
  • 36-24 Cooperation of authorities
    Any two or more housing authorities may join or cooperate with one another in the exercise, either jointly or otherwise of any or all of ...
  • 36-25 Payments by housing authorities to other bodies
    An authority may agree to make such payments to the city or county, the Commonwealth, or any political subdivision thereof, which payments such bodies are ...
  • 36-26 Aid from federal government
    In addition to the powers conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow money or accept contributions, ...
  • 36-27 Eminent domain
    A. An authority shall have the right to acquire by the exercise of the power of eminent domain any real property pursuant to a duly ...
  • 36-27.01 Plan for alternative housing of persons displaced by condemnation, conversion, etc
    In any condemnation proceeding which involves the taking or conversion of properties populated by low and moderate income families in multi-family housing projects owned or ...
  • 36-27.1 Description unavailable
    Not set out. (1966, c. 383; 1975, c. 575.) ...
  • 36-27.2 Limitations on certain housing authorities; exception
    A. Notwithstanding the provisions of § 36-27 and except as provided in subsection B, no housing authority transacting business and exercising powers as provided in ...
  • 36-28 Planning, zoning and building laws
    All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in ...
  • 36-29 Power to issue bonds; liability in general
    An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also ...
  • 36-30 Form and sale of bonds; presumption of validity
    Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or ...
  • 36-31 Provisions of bonds, trust indentures and mortgages
    In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or ...
  • 36-32 Remedies of obligee of authority
    An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to ...
  • 36-33 Additional remedies conferrable by authority
    An authority shall have power by its resolution, trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified ...
  • 36-34 Housing bonds to be legal investments, legal security and negotiable
    The Commonwealth and all public officers, municipal corporations, political subdivisions (other than housing authorities), and public bodies, all banks, bankers, trust companies, savings banks and ...
  • 36-35 Contracts and covenants with federal government, etc.; agreements to sell
    In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the ...
  • 36-36 Powers of county and regional housing authorities
    County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to provide housing ...
  • 36-37 Same subject; tenant selection limitations; homestead exemption
    A regional or county housing authority shall have power to rent, sell, or make loans to finance the cost of dwellings on farms or in ...
  • 36-38 Housing applications by farmers
    The owner of any farm operated, or worked upon, by farmers of low income in need of safe and sanitary housing may file an application ...
  • 36-39 Description unavailable
    Repealed by Acts 2006, c. 784, cl. 2. ...
  • 36-40 Creation of regional housing authority
    If the board of supervisors of each of two or more contiguous counties by resolution declares that there is a need for one housing authority ...
  • 36-41 Increasing area of operation of regional housing authority
    The area of operation of a regional housing authority shall be increased from time to time to include one or more additional contiguous counties not ...
  • 36-42 Decreasing area of operation of regional housing authority
    The area of operation of a regional housing authority shall be decreased from time to time to exclude one or more counties from such area ...
  • 36-43 Housing authority for county excluded from regional authority
    At any time after a county or counties is excluded from the area of operation of a regional housing authority as provided above, the board ...
  • 36-44 Public hearing to create regional authority or change its area of operation, and findings
    The board of supervisors of a county shall not adopt any resolution authorized by §§ 36-40, 36-41 or 36-42 unless a public hearing has first ...
  • 36-45 Commissioners of regional housing authority
    The board of supervisors of each county included in a regional housing authority shall appoint one person as a commissioner of such authority, and each ...
  • 36-46 Powers of regional housing authority
    Except as otherwise provided herein, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have ...
  • 36-47 Consolidated housing authority
    If the governing body of each of two or more municipalities (whether or not contiguous) by resolution declares that there is a need for one ...
  • 36-47.1 Compensation of commissioners
    The commissioners of any housing authority created for or operating in two or more cities may, in addition to being reimbursed for their expenses as ...
  • 36-47.2 Consolidation of two or more housing authorities within same city
    If the governing body of any city having two or more separate housing authorities created pursuant to this title shall, by resolution, declare it necessary ...
  • 36-48 Creation of Redevelopment Areas
    A redevelopment area as defined in § 36-3 may be created by an authority as provided in this chapter and a redevelopment plan may be ...
  • 36-48.1 Creation of Conservation Areas
    A conservation area as defined in § 36-3 may be created by an authority as provided in this chapter and a conservation plan may be ...
  • 36-49 Adoption of Redevelopment Plans
    A. An authority may adopt a redevelopment plan for a designated redevelopment area to address blighted areas and in particular is specifically empowered to carry ...
  • 36-49.1 Adoption of Conservation Plans
    A. An authority may adopt a conservation plan for a designated conservation area to address blight and blighting conditions, to conserve such area, prevent further ...
  • 36-49.1:1 Spot blight abatement authorized; procedure
    A. Notwithstanding any other provision of this chapter, an authority, or any locality, shall have the power to acquire or repair any blighted property, as ...
  • 36-49.2 Power to purchase or lease land for certain other redevelopment projects
    In addition to the other powers to acquire real property by purchase or lease, an authority is specifically empowered to purchase or lease real property ...
  • 36-50 Extension of general powers for actions taken pursuant to a redevelopment plan
    In undertaking actions pursuant to a redevelopment plan, an authority shall have all the rights, powers, privileges, and immunities provided in this chapter. However, nothing ...
  • 36-50.1 Extension of general powers for actions taken pursuant to a conservation plan
    In implementing a conservation plan, an authority shall have all the rights, powers, privileges, and immunities provided in this chapter. However, the power of eminent ...
  • 36-51 Redevelopment plans
    A. An authority shall not implement any redevelopment plan under this law until the governing body of the locality has approved the redevelopment plan, which ...
  • 36-51.1 Requirements for "conservation plan" generally
    An authority shall not implement any conservation plan under this law until the governing body of the locality has approved a conservation plan, which provides ...
  • 36-52 Cooperation by localities
    Any local government shall have the same rights and powers to cooperate with and assist authorities with respect to implementation of conservation or redevelopment plans ...
  • 36-52.1 Authority for localities to create conservation or redevelopment areas
    A locality has no authority to create conservation or redevelopment areas, except through a redevelopment and housing authority and only in accordance with this chapter. ...
  • 36-52.2 Acquisition of property prior to adoption of development or conservation plan in certain citie...
    Whenever the governing body of any city of more than 300,000 population has approved an area for survey and planning preliminary to the adoption of ...
  • 36-52.3 Adoption and designation of "rehabilitation area."
    A. Whenever it appears to the governing body of any locality that a portion of such locality adjacent to an area embraced in a "conservation ...
  • 36-53 Making property available for conservation or redevelopment
    An authority may make land in a conservation or redevelopment area available for purchase or use by nongovernmental persons or entities or public agencies in ...
  • 36-54 Aid from federal government
    An authority may borrow money or accept contributions from the federal government to assist in its undertaking redevelopment projects. An authority may do any and ...
  • 36-55 Bonds to be legal investments and security
    Bonds or other obligations issued by an authority in connection with projects authorized under this chapter shall be security for public deposits and legal investments ...
  • 36-55.1 through 36-55.6. In certain counties
    These sections as set forth in Chapter 501 of the Acts of 1960, as amended by Chapter 303 of the Acts of 1973 and Chapter ...

Last modified: April 3, 2009