§356D-18 - Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
[§356D-18] Remedies of an obligee;
mandamus; injunction; possessory action; receiver; accounting; etc. An
obligee of the authority shall have the right, in addition to all other rights
that may be conferred on the obligee subject only to any contractual
restrictions binding upon the obligee, and subject to the prior and superior
rights of others:
(1) By mandamus, suit, action, or proceeding in law
or equity to compel the authority, and the members of the board, officers,
agents, or employees thereof to perform each and every item, provision, and
covenant contained in any contract of the authority, and to require the
carrying out of any or all covenants and agreements of the authority and the
fulfillment of all duties imposed upon the authority by this chapter;
(2) By suit, action, or proceeding in equity to
enjoin any acts or things which may be unlawful, or the violation of any of the
rights of the obligee of the authority;
(3) By suit, action, or proceeding in any court of
competent jurisdiction to cause possession of any public housing project or any
part thereof to be surrendered to any obligee having the right to possession
pursuant to any contract of the authority;
(4) By suit, action, or proceeding in any court of
competent jurisdiction, upon the happening of an event of default (as defined
in a contract of the authority), to obtain the appointment of a receiver for
any public housing project of the authority or any part or parts thereof. If a
receiver is appointed, the receiver may enter and take possession of the public
housing project or any part or parts thereof, operate and maintain the project,
and collect and receive all fees, rents, revenues, or other charges thereafter
arising therefrom in the same manner as the authority itself might do and shall
keep the moneys in a separate account or accounts and apply the moneys in
accordance with the obligations of the authority as the court shall direct; and
(5) By suit, action, or proceeding in any court of
competent jurisdiction to require the authority and the members of the board
thereof to account as if it and they were the trustees of an express trust. [L
2006, c 180, pt of §2]