CHAPTER 18. HOUSING AUTHORITIES
IC 36-7-18
Chapter 18. Housing Authorities
IC 36-7-18-1
Application of chapter; impairment of contract; fulfillment ofobligations
Sec. 1. (a) This chapter applies to all units except townships.
(b) Only the sections of this chapter that are listed in section 1.5of this chapter apply to a consolidated city that by ordinanceestablishes or designates a department, division, or agency of the cityto perform the public housing function.
(c) An ordinance establishing or designating a department,division, or agency of a consolidated city to perform the publichousing function may not impair the obligations of the housingauthority existing under any contract in effect at the time thatordinance is effective. The consolidated city shall fulfill anyobligations of the housing authority that are transferred to theconsolidated city.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.339-1985,SEC.1; P.L.59-1986, SEC.17; P.L.344-1987, SEC.2.
IC 36-7-18-1.5
Powers of agency performing public housing function
Sec. 1.5. If a consolidated city adopts an ordinance under section1 of this chapter, the legislative body or the department, division, oragency performing the public housing function:
(1) has all powers granted to it by the consolidated city underthis section and IC 36-1;
(2) has all powers granted to a housing authority by and issubject to sections 2, 3, 10(b), 10(c), 10(d), 15, 16(a), 17, 18,19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37,38, 40, 41, and 42 of this chapter and may exercise all thosepowers as commissioners of a housing authority exercise thosepowers under those sections; and
(3) designate officials or employees to exercise all its powersand execute all necessary documents, instruments, orobligations. However, notes or bonds issued by the consolidatedcity under this chapter shall be executed and attested as othernotes or bonds of the consolidated city are executed andattested.
As added by P.L.344-1987, SEC.3.
IC 36-7-18-2
Declaration of public purpose
Sec. 2. The clearance, replanning, and reconstruction of the areasin which unsanitary or unsafe housing conditions exist and theproviding of safe and sanitary dwelling accommodations for personsof low income are public uses and purposes for which public moneymay be spent and private property may be acquired.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-3
"Persons of low income" defined
Sec. 3. For purposes of this chapter, persons or families who,without financial assistance, lack the amount of income that ahousing authority finds is necessary to enable them to live in decent,safe, and sanitary dwellings without overcrowding are consideredpersons of low income.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-4
Housing authorities; establishment; procedure
Sec. 4. (a) A unit may establish a housing authority if the fiscalbody of the unit, by resolution, declares that there is a need for anauthority in the unit.
(b) The determination as to whether or not there is a need for anauthority may be made by the fiscal body:
(1) on its own motion;
(2) on the filing of a petition signed by twenty-five (25)residents of the unit and stating that there is a need for anauthority in the unit; or
(3) on receipt of an order from the division of family resources.
(c) A resolution may be passed under this section only after apublic hearing. Notice of the time, place, and purpose of the hearingmust be given by the fiscal body by publication in accordance withIC 5-3-1.
(d) The fiscal body of a unit may adopt a resolution declaring thatthere is need for a housing authority in the unit if it finds that:
(1) unsanitary or unsafe dwelling accommodations are inhabitedin the unit; or
(2) there is a shortage of safe or sanitary dwellingaccommodations available in the unit for persons of low incomeat rentals they can afford.
In determining whether dwelling accommodations are unsafe orunsanitary, the fiscal body may consider the degree of overcrowding,the percentage of land coverage, the light, air, space, and accessavailable to inhabitants, the size and arrangement of the rooms, thesanitary facilities, and the extent to which conditions in the buildingsendanger life or property by fire or other causes.
(e) In any proceeding involving any contract of a housingauthority, the authority shall be conclusively presumed to havebecome established and authorized to transact business and exerciseits powers under this chapter on proof of the adoption of a resolutionby the fiscal body declaring the need for the authority. The resolutionis sufficient if it declares that there is a need for an authority andfinds that either or both of the conditions listed in subsection (d)exist in the unit. A copy of the resolution certified by the clerk of thefiscal body is admissible in evidence in any proceeding.
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981,P.L.45, SEC.32; P.L.41-1987, SEC.21; P.L.2-1992, SEC.891;P.L.4-1993, SEC.329; P.L.5-1993, SEC.337; P.L.24-1997, SEC.65;
P.L.145-2006, SEC.375.
IC 36-7-18-5
Commissioners; appointment
Sec. 5. (a) After the fiscal body of a unit adopts a resolution undersection 4 of this chapter, persons shall be appointed ascommissioners of the housing authority in the following manner:
(1) In a city, the fiscal body shall promptly notify the cityexecutive of the adoption of the resolution. The executive shallthen appoint seven (7) persons, one (1) of whom must be aresident of a housing project under the jurisdiction of thehousing authority, no more than four (4) of whom may be of thesame political party, as commissioners of the housing authority.
(2) In a town or county, the fiscal body shall appoint seven (7)persons, one (1) of whom must be a person directly assisted bythe housing authority, no more than four (4) of whom may be ofthe same political party, as commissioners of the housingauthority.
(b) Subsequent appointments to the authority shall be made in thesame manner.
(c) A commissioner of a housing authority must be a resident ofthe area in which the housing authority has jurisdiction as providedin section 41 of this chapter.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.340-1985,SEC.1; P.L.229-2001, SEC.1.
IC 36-7-18-6
Commissioners not officers or employees of unit; exceptions
Sec. 6. (a) Except as provided in subsection (b), a commissionerof a housing authority may not be an officer or employee of the unitfor which the authority is created.
(b) A member of a redevelopment commission established by aunit under IC 36-7-14 may be a commissioner of a housing authorityof the unit.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.26-1993,SEC.7; P.L.263-1993, SEC.1.
IC 36-7-18-7
Commissioners; terms of office; certificates of appointment
Sec. 7. (a) The executive or fiscal body appointing the firstcommissioners of a housing authority shall fix their terms as follows:
(1) One (1) year for two (2) of the commissioners.
(2) Two (2) years for two (2) of the commissioners.
(3) Three (3) years for one (1) of the commissioners.
(4) Four (4) years for two (2) of the commissioners.
After that, appointments to the authority are for a term of four (4)years, except that all vacancies shall be filled for the unexpired term.A commissioner serves until his successor is appointed and qualified.
(b) A certificate for the appointment or reappointment of acommissioner of a housing authority must be filed with the clerk of
the fiscal body of the unit. The certificate is conclusive evidence ofthe proper appointment of the commissioner.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.229-2001,SEC.2.
IC 36-7-18-8
Commissioners; compensation; expenses
Sec. 8. A commissioner of a housing authority is entitled to:
(1) a per diem allowance of twenty-five dollars ($25) forattending a meeting of the authority; and
(2) reimbursement for necessary expenses, including travelingexpenses, incurred in the discharge of the commissioner'sduties.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.308-1989,SEC.1.
IC 36-7-18-9
Commissioners; removal from office
Sec. 9. (a) A commissioner of a housing authority may beremoved for inefficiency, neglect of duty, or misconduct in office,by:
(1) the city executive, for a city housing authority;
(2) the town fiscal body, for a town housing authority; or
(3) the county fiscal body, for a county housing authority.
(b) A commissioner may be removed under subsection (a) only ifhe was given a copy of the charges at least ten (10) days before ahearing on the charges and had an opportunity to be heard in personor by counsel. In a city, the fiscal body shall appoint the hearingofficer for the hearing, which may not be the city executive when heis the person bringing the charges. The commissioner against whomthe charges are made may require that the hearing be open to thepublic. After the removal of a commissioner, a record of theproceedings, together with the charges and findings, shall be filed inthe office of the clerk of the fiscal body of the unit.
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981,P.L.313, SEC.1; P.L.344-1987, SEC.4.
IC 36-7-18-9.1
Commissioners; residence requirement; removal
Sec. 9.1. A commissioner of a housing authority is automaticallyremoved whenever the commissioner's residence is outside theboundaries of the unit having the housing authority.
As added by P.L.340-1985, SEC.2.
IC 36-7-18-10
Employees; legal services; pension plans
Sec. 10. (a) A housing authority may employ an executivedirector, technical experts, and other permanent and temporaryofficers, agents, and employees required by the authority, and maydetermine their qualifications, duties, and compensation. (b) If a housing authority needs legal services, it may call upon theattorney for the unit or may employ its own counsel and legal staff.
(c) A housing authority may delegate powers and duties to itsagents and employees.
(d) A housing authority may contract for and purchase adequatepension plans on behalf of those employees. The plans may bepurchased from any insurance company licensed to sell such plans inthe state, or from any other financial institutions that are approved bya federal agency with which the authority has dealings,notwithstanding any statute providing for participation of publicemployees in the public employees retirement fund or any otherpublicly governed fund. The expenses of such a contract or purchaseshall be paid from funds of the authority as other expenses are paid.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987,SEC.5.
IC 36-7-18-11
Conflicts of interest
Sec. 11. (a) Except as provided in subsection (b), a commissioneror an employee of a housing authority may not acquire or have anydirect or indirect interest in:
(1) a housing project;
(2) any property included or planned to be included in a project;or
(3) a contract or proposed contract for materials or services tobe furnished or used in connection with any housing project.
(b) A commissioner or an employee of a housing authority mayhave an interest described in subsection (a) if that interest is in:
(1) a bank or similar financial institution in which housingauthority money is deposited;
(2) a contract for materials or services provided on anemergency basis under IC 5-22-10-4 in which time is of theessence, if:
(A) the materials or services are priced at a cost comparableto the same materials or services provided on a competitivebasis; and
(B) a declaration of emergency is recorded in the housingauthority's minutes;
(3) a contract for materials or services provided by a minoritybusiness enterprise (as defined under IC 4-13-16.5-1) that arenot available through other minority business enterprises, if thematerials and services are priced at a cost comparable to thesame materials or services provided on a competitive basis;
(4) a contract for materials or services that cannot be reasonablyobtained from other suppliers; or
(5) a lease under which an employee is a tenant of the housingauthority.
(c) If a commissioner or an employee of a housing authority ownsor controls a direct or an indirect interest in any property included orplanned to be included in a housing project, he shall immediately
disclose that interest in writing to the authority. The disclosure shallbe entered upon the minutes of the authority, and the commissionerholding the interest may not vote on the acquisition of the propertyby the authority. Failure to disclose such an interest constitutesmisconduct in office.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.340-1985,SEC.3; P.L.14-1991, SEC.24; P.L.49-1997, SEC.79.
IC 36-7-18-12
Chairman; vice chairman
Sec. 12. (a) The executive or fiscal body appointing the firstcommissioners of a housing authority shall select one (1) of thosecommissioners to be the first chairman of the authority. When theoffice of the chairman becomes vacant, the commissioners shall electa chairman, who must be a commissioner.
(b) The commissioners of a housing authority shall elect a vicechairman for the authority, who must be a commissioner.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.229-2001,SEC.3.
IC 36-7-18-13
Quorum; approval of actions
Sec. 13. The following rules apply to proceedings of a housingauthority:
(1) Four (4) commissioners constitute a quorum.
(2) A majority vote of the commissioners present is required toauthorize an action of the authority, unless a greater vote isrequired by the bylaws of the authority.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.229-2001,SEC.4.
IC 36-7-18-14
Limitations on powers of authorities
Sec. 14. A housing authority is a municipal corporation and hasall the powers necessary or convenient for carrying out the purposesof this chapter. However, an authority may not initiate any projectunder this chapter without:
(1) approval of the fiscal body that established the authority;and
(2) approval, by ordinance, of a municipality, if:
(A) the project is to be initiated by a county housing authority;
(B) the project is within five (5) miles of the corporateboundaries of the municipality; and
(C) the jurisdiction of the county housing authority has beenexpanded to include the jurisdiction of the municipality undersection 41 of this chapter.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-15
Actions; contracts; rules Sec. 15. A housing authority may:
(1) sue and be sued;
(2) have and alter a seal;
(3) make and execute contracts and other instruments necessaryor convenient for the exercise of its powers; and
(4) adopt bylaws and rules, consistent with this chapter, to carryout its powers and purposes.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-16
Housing projects; authorization; limitations
Sec. 16. (a) A housing authority may:
(1) prepare, carry out, acquire, lease, and operate housingprojects; and
(2) provide for the construction, reconstruction, improvement,alteration, or repair of all or part of a housing project.
(b) Notwithstanding subsection (a), a housing project may not bebuilt if the average construction cost, exclusive of the cost of land,demolition, and nondwelling facilities, is more than:
(1) two thousand dollars ($2,000) per room;
(2) ten thousand dollars ($10,000) per room, if theaccommodations are designed specifically for persons of lowincome who:
(A) have attained the age at which they may elect to receiveold age benefits under Title 2 of the Social Security Act (42U.S.C. 401-433); or
(B) are under disability (as defined in Section 223 of thatAct (42 U.S.C. 423)); or
(3) any greater amount established by the federal governmentas the basis for computing any of its annual contributions.
(c) Notwithstanding subsection (b), if the housing authority findsthat:
(1) compliance with the cost limitations in subsection (b) wouldrequire the sacrifice of sound standards of construction, design,and livability in a project; and
(2) there is an acute need for the proposed housing;
it may exceed the cost limitation that would otherwise be applicableunder subsection (b) by not more than seven hundred fifty dollars($750) per room.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.309-1989,SEC.1; P.L.255-1996, SEC.27.
IC 36-7-18-17
Contracts relating to housing projects
Sec. 17. A housing authority may contract with a person or apublic or private agency for:
(1) services;
(2) privileges;
(3) works; or
(4) facilities;related to a housing project or its occupants. Notwithstanding anyother law, a contract let under this section may require the contractorand any subcontractors to comply with requirements as to minimumwages and maximum hours of labor, and with any conditions that thefederal government attaches to its financial aid of the project.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-18
Property management; acquisition, ownership, and disposition ofproperty
Sec. 18. A housing authority may:
(1) lease or rent any land, buildings, structures, or facilitiesincluded in a housing project;
(2) fix the rentals or charges for property it rents or leases;
(3) own, hold, and improve real or personal property;
(4) acquire any interest in real or personal property in anymanner, including the power of eminent domain;
(5) dispose of any interest in real or personal property in anymanner;
(6) provide for the insurance of the property or operations of theauthority against risks or hazards; and
(7) obtain from the federal government insurance or guaranteesfor the payment of any debts secured by mortgages on propertyincluded in a housing project, whether or not those debts wereincurred by the authority.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987,SEC.6.
IC 36-7-18-19
Investment of funds; cancellation of indebtedness
Sec. 19. (a) A housing authority may invest any money that is heldin reserves or sinking funds, or that is not required for immediatedisbursement, in:
(1) property or securities in which savings banks may investmoney subject to their control;
(2) the shares of any federal savings association or federalsavings bank that is organized under the Home Owners' LoanAct of 1933, (12 U.S.C. 1461, 1462, 1464 through 1466a, and1468 through 1470), as in effect on December 31, 1990, and hasits principal office in Indiana; and
(3) the shares of any savings association that is organized underIndiana statutes and the accounts of which are insured by theFederal Deposit Insurance Corporation as provided in 12 U.S.C.1811 through 1833e, as in effect on December 31, 1990.
However, the value of shares purchased under subdivision (2) or (3)may not exceed the amount of insurance protection afforded amember or investor of the association.
(b) A housing authority may cancel its bonds, notes, or warrantsafter purchasing them for not more than their principal amount plusaccrued interest.As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.8-1991,SEC.36; P.L.79-1998, SEC.108.
IC 36-7-18-20
Investigatory powers; cooperation with political subdivisions andstate
Sec. 20. A housing authority may:
(1) investigate living and housing conditions, and methods ofimproving those conditions;
(2) determine where slum areas exist or where there is ashortage of decent, safe, and sanitary dwelling accommodationsfor persons of low income;
(3) make studies and recommendations relating to the problemsof clearing, replanning, and reconstructing slum areas, and ofproviding dwelling accommodations for persons of low income;
(4) cooperate with the state or any political subdivision inclearing, replanning, and reconstructing slum areas, andproviding dwelling accommodations for persons of low income;and
(5) engage in studies and experimentation on the subject ofhousing.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987,SEC.7.
IC 36-7-18-21
Designation of hearing examiners
Sec. 21. A housing authority may designate one (1) or morecommissioners or other persons to:
(1) conduct examinations and investigations, on behalf of theauthority;
(2) hear testimony and take proof under oath at public hearings,on behalf of the authority;
(3) administer oaths;
(4) issue subpoenas requiring the attendance of witnesses or theproduction of books and papers;
(5) issue commissions for the examination of witnesses who areoutside Indiana, unable to appear before the authority, orexcused from attendance; and
(6) make its findings and recommendations regarding anybuilding or property that is dangerous to the public health,safety, or welfare available to appropriate agencies, includingagencies responsible for abating or eliminating nuisances, or fordemolishing unsafe or unsanitary structures.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-22
Availability of housing; national defense activities; major disasters
Sec. 22. (a) Notwithstanding any statute regarding rentals of,preferences or eligibility for admissions to, or occupancy ofdwellings in housing projects, during the period that a housing
authority finds that there is an acute need for housing to assure theavailability of dwellings for persons engaged in national defenseactivities or for victims of a major disaster, it may:
(1) undertake the development and administration of housingprojects for the federal government;
(2) make dwellings in any of its housing projects available topersons engaged in national defense activities or to victims ofa major disaster; and
(3) contract with any governmental entity for advance paymentor reimbursement for the furnishing of housing to victims of amajor disaster, including the furnishing of housing free ofcharge for needy disaster victims during the period of acuteneed.
(b) For purposes of this section, persons engaged in nationaldefense activities are:
(1) persons in the armed forces of the United States;
(2) employees of the department of defense;
(3) workers engaged or to be engaged in activities connectedwith national defense; and
(4) the families of these persons, employees, and workers whoreside with them.
(c) For purposes of this section, a major disaster is a flood,drought, fire, hurricane, earthquake, storm, or other catastrophe that,as determined by the fiscal body that established the housingauthority, is of sufficient severity and magnitude to warrant the useof available resources of the federal, state, and local governments toalleviate the resulting damage, hardship, and suffering.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-23
Authorities exempt from certain statutory requirements; trustbids, proposals, or quotations
Sec. 23. (a) A housing authority is not subject to statutesregarding the acquisition, operation, construction, reconstruction,improvement, alteration, repair, disposition, or exchange of real orpersonal property by other public bodies, except:
(1) with regard to money received from municipalities orcounties and derived from local tax levies;
(2) with regard to money received from the state; and
(3) as otherwise provided by this chapter.
(b) A housing authority is not subject to statutes regardingappropriations by other public bodies.
(c) This subsection applies if a housing authority disposes of realproperty or awards a contract for the procurement of property byacceptance of bids, proposals, or quotations. A bid, proposal, orquotation submitted by a trust (as defined in IC 30-4-1-1(a)) mustidentify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
As added by Acts 1981, P.L.309, SEC.37. Amended by
P.L.336-1989(ss), SEC.53.
IC 36-7-18-24
Establishment of rental rates
Sec. 24. (a) A housing authority shall manage and operate itshousing projects in an efficient manner so that it may fix the rentalsfor dwelling accommodations at the lowest possible rates whileproviding decent, safe, and sanitary dwelling accommodations. Theauthority may not construct or operate a project for profit or as asource of revenue to the municipality or county.
(b) A housing authority may not fix the rentals for dwellings in itsprojects at higher rates than it finds necessary to produce revenuesthat, together with all other available money, revenues, income, andreceipts of the authority, will be sufficient:
(1) to pay, as they become due, the principal and interest on thebonds, notes, or warrants of the authority;
(2) to meet the cost of, and to provide for, maintaining andoperating the projects, including the cost of insurance and theadministrative expenses of the authority;
(3) to create, during a period of not less than six (6) yearsimmediately after its issuance of any bonds, notes, or warrants,a reserve sufficient to meet the largest principal and interestpayments due on them in any one (1) year after that, and tomaintain that reserve; and
(4) to accumulate reasonable reserves to cover the making ofnecessary repairs.
(c) This section does not limit the power of an authority to vestrights in an obligee under section 33 of this chapter free from all therestrictions imposed by this section.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-25
Exemptions from taxes and assessments; agreements to pay forservices
Sec. 25. The property of a housing authority is exempt from alltaxes and special assessments of the state or any politicalsubdivision. In lieu of taxes or special assessments, an authority mayagree to make payments to any political subdivision for services,improvements, or facilities furnished by that political subdivision forthe benefit of a housing project owned by the authority. However,these payments may not exceed the estimated cost to the politicalsubdivision of the services, improvements, or facilities to befurnished.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-26
Tenant selection; rentals; adoption of rules
Sec. 26. (a) A housing authority shall observe the following ruleswith respect to rentals and tenant selection in the operation andmanagement of housing projects: (1) An authority may not accept a person as a tenant in adwelling in a project if the persons who would occupy thedwelling have an aggregate annual income that equals orexceeds the amount that, as determined by the authority, isnecessary to enable those persons to secure safe, sanitary, anduncongested dwelling accommodations within the jurisdictionof the authority and to provide an adequate standard of livingfor themselves. The determination of the authority isconclusive.
(2) An authority may rent or lease the dwellingaccommodations in a project only at rentals within the financialreach of persons who lack the amount of income that, asdetermined in subdivision (1), is necessary to obtain safe,sanitary, and uncongested dwelling accommodations within thejurisdiction of the authority and to provide an adequate standardof living.
(3) An authority may rent or lease to a tenant a dwellingconsisting of a number of rooms no greater than that which itconsiders necessary to provide safe and sanitaryaccommodations without overcrowding.
(b) The housing authority shall adopt rules indicating the mannerin which it will comply with this section. These rules apply equallyto all tenants and must be posted for public inspection in aconspicuous place in the office of the authority.
(c) This section does not limit the power of an authority to vestrights in an obligee under section 33 of this chapter free from all therestrictions imposed by this section.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-27
Persons ineligible as tenants
Sec. 27. (a) Officers and members of the authority other than theresident manager are not eligible as tenants under this chapter. Thissection may not be construed to prevent an existing tenant frombeing appointed to the housing authority board. However, employeesof the authority are eligible as tenants under this chapter.
(b) Employees of the United States, the state, and their politicalsubdivisions and agencies may not comprise more than twenty-fivepercent (25%) of the tenants in a housing project.
(c) This section does not limit the power of an authority to vestrights in an obligee under section 33 of this chapter free from all therestrictions imposed by this section.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.341-1985,SEC.1; P.L.14-1991, SEC.25; P.L.324-1995, SEC.1.
IC 36-7-18-28
Eminent domain
Sec. 28. (a) A housing authority may, by the exercise of the powerof eminent domain, acquire any real property that it considersnecessary for its purposes under this chapter, if it first adopts a
resolution declaring that necessity. An authority may exercise thepower of eminent domain:
(1) under IC 32-24;
(2) under IC 32-24-2, as if it were a works board; or
(3) under any other applicable statutory provisions for theexercise of the power of eminent domain.
(b) Property already devoted to a public use may be acquiredunder this section, but real property belonging to the state or anypolitical subdivision may not be acquired without the consent of thestate or political subdivision that owns the property.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.2-2002,SEC.115.
IC 36-7-18-29
Housing projects; applicability of ordinances and regulations
Sec. 29. All housing projects of a housing authority are subject tothe applicable local ordinances and regulations regarding planning,zoning, sanitation, and building. In the planning and location of anyhousing project, an authority shall consider the relationship of theproject to any larger plan or long-range program for the developmentof the area in which the authority functions.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-30
Bonds, notes, and warrants; authorization; liability; limitationsupon payment; tax exemptions; legalization
Sec. 30. (a) A housing authority may issue bonds, notes, orwarrants to finance any of its corporate purposes. An authority mayalso issue refunding bonds for the purpose of paying or retiringbonds issued by it.
(b) A housing authority may determine the types of bonds, notes,or warrants to be issued, including those on which the principal andinterest are payable:
(1) exclusively from the income and revenues of the housingproject financed with their proceeds;
(2) exclusively from the income and revenues of certaindesignated housing projects, whether or not they were financedin whole or in part with their proceeds; or
(3) except for a consolidated city, from its revenues generally.
The bonds, notes, or warrants may be additionally secured by apledge of any revenues or a mortgage of any project or other propertyof the authority.
(c) Neither the commissioners of an authority nor any personexecuting the bonds, notes, or warrants under this section arepersonally liable on the bonds, notes, or warrants.
(d) The bonds, notes, or warrants of a housing authority are not adebt of the state or any political subdivision and must state this facton their face. Neither the state nor any political subdivision is liableon them. The bonds, notes, or warrants are not payable out of anyfunds or properties other than those of the authority. (e) Bonds, notes, or warrants issued under this chapter are not anindebtedness within the meaning of any constitutional or statutorydebt limitation or restriction.
(f) The bonds, notes, or warrants of a housing authority and theinterest on them are exempt from all taxes.
(g) The bonds, notes, or warrants of a consolidated city:
(1) are payable only from revenues derived from the publichousing function;
(2) are payable only from a special fund continued orestablished for that purpose; and
(3) are not a debt of the consolidated city and must state thisfact on their face.
The consolidated city is not liable on the bonds, notes, or warrantsother than out of the special fund.
(h) All bonds, notes, or warrants issued by a housing authority ora consolidated city serving the public housing function beforeSeptember 1, 1987, are legalized, ratified, and declared valid, and allproceedings had and actions taken under which those bonds, notes,or warrants were issued are fully legalized and declared valid. Theassumption of any obligations of a housing authority by aconsolidated city is also legalized and declared valid.
(i) Bonds, notes, or warrants payable by a consolidated city underits assumption of the obligations of a housing authority under thischapter are payable only out of the funds pledged to obligees and assuch are a limited obligation of the consolidated city in accordancewith subsections (c), (d), (e), and (g).
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987,SEC.8.
IC 36-7-18-31
Bonds, notes, and warrants; approval by unit; procedure forissuance and sale; negotiability
Sec. 31. (a) Issues of bonds, notes, or warrants of a housingauthority must be approved by the fiscal body of the unit after apublic hearing, with notice of the time, place, and purpose of thehearing given by publication in accordance with IC 5-3-1. The bonds,notes, or warrants must then be authorized by resolution of theauthority.
(b) After the bonds, notes, or warrants have been approved undersubsection (a), they may be issued in one (1) or more series, with the:
(1) dates;
(2) maturities;
(3) denominations;
(4) form, either coupon or registered;
(5) conversion or registration privileges;
(6) rank or priority;
(7) manner of execution;
(8) medium of payment;
(9) places of payment; and
(10) terms of redemption, with or without premium;provided by the resolution or its trust indenture or mortgage.
(c) The bonds, notes, or warrants shall be sold at public sale underIC 5-1-11, for not less than par value, after notice published inaccordance with IC 5-3-1. However, they may be sold at not less thanpar value to the federal government, at private sale without anypublic advertisement.
(d) If any of the commissioners or officers of the housingauthority whose signatures appear on any bonds, notes, or warrantsor coupons cease to be commissioners or officers before the delivery,exchange, or substitution of the bonds, notes, or warrants, theirsignatures remain valid and sufficient for all purposes, as if they hadremained in office until the delivery, exchange, or substitution.
(e) Subject to provision for registration and notwithstanding anyother law, any bonds, notes, or warrants issued under this chapter arefully negotiable.
(f) In any proceedings involving the validity or enforceability ofany bond, note, or warrant of a housing authority or of its security,if the instrument states that it has been issued by the authority to aidin financing a housing project to provide dwelling accommodationsfor persons of low income, it shall be conclusively presumed to havebeen issued for that purpose and the project shall be conclusivelypresumed to have been planned, located, and constructed inaccordance with this chapter.
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981,P.L.45, SEC.33; P.L.344-1987, SEC.9.
IC 36-7-18-31.1
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-18-32
Bonds, notes, and warrants; additional powers of housingauthorities; covenants; limitation on liability
Sec. 32. (a) In issuing bonds, notes, or warrants, incurringobligations under leases, and securing payment of those obligations,a housing authority may perform all acts necessary or desirable tosecure the bonds, notes, or warrants or to make them moremarketable. This includes the power to:
(1) pledge or covenant against pledging any of the gross or netrents, fees, or revenues to which it has or will have a right;
(2) mortgage or covenant against mortgaging any of the real orpersonal property it owns or later acquires;
(3) covenant against permitting a lien on any of its rents, fees,revenues, or real or personal property;
(4) covenant as to limitations on its right to sell, lease, orotherwise dispose of all or part of a housing project;
(5) covenant as to what additional debts or obligations it mayincur;
(6) covenant as to the bonds, notes, or warrants to be issued;
(7) covenant as to the issuance of its bonds, notes, or warrants
in escrow or otherwise;
(8) covenant as to the use and disposition of the proceeds of itsbonds, notes, or warrants;
(9) covenant against extending the time for the payment of itsbonds, notes, or warrants or the interest on them;
(10) provide for the replacement of lost, destroyed, or mutilatedbonds, notes, or warrants;
(11) redeem its bonds, notes, or warrants, and covenant for thatredemption and its terms and conditions;
(12) covenant, subject to the limitations in this chapter, as to therents and fees to be charged in the operation of housingprojects;
(13) covenant as to the amount of rents, fees, and otherrevenues to be collected in a specified time, and as to the useand disposition of those revenues;
(14) create special funds for money held for construction oroperating costs, debt service, reserves, or other purposes, andcovenant as to the use and disposition of the money in thosefunds;
(15) prescribe the procedure, if any, by which the terms of acontract with holders of bonds, notes, or warrants may beamended or abrogated, including the amount of bonds, notes, orwarrants that must be held by holders consenting to theamendment or abrogation, and the manner in which that consentmay be given;
(16) covenant as to the use of any of its real or personalproperty;
(17) covenant as to the maintenance, replacement, andinsurance of its real and personal property, and as to the use anddisposition of insurance money;
(18) covenant as to the rights, liabilities, powers, and dutiesarising upon its breach of any covenant, condition, orobligation;
(19) prescribe and covenant as to events of default and theterms and conditions upon which any of its bonds, notes, orwarrants become or may be declared due before maturity, andas to the waiver of the right to make such a declaration;
(20) vest in one (1) or more trustees or holders of bonds, notes,or warrants the right to enforce the payment of the bonds, notes,or warrants, or any covenants securing or regarding them, andprovide the terms and conditions upon which these rights maybe exercised;
(21) vest in one (1) or more trustees the right, in the event of adefault by the authority, to take possession of and use, operate,and manage a housing project or any part of it, and to collectand dispose of rents and revenues in accordance with theagreement between the authority and trustee;
(22) establish the powers and duties of trustees and limit theirliability; and
(23) make any other covenants. (b) Any covenants made by the department, division, or agency ofthe consolidated city serving the public housing function under thischapter only binds the consolidated city as to the public housingfunction and not generally.
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.344-1987,SEC.10.
IC 36-7-18-33
Obligees of housing authorities; rights
Sec. 33. (a) For purposes of this chapter, the following persons areconsidered obligees of a housing authority:
(1) A holder of bonds, notes, or warrants.
(2) A trustee for such a holder.
(3) A person who leases property to the authority for use inconnection with a housing project, or an assignee of thatperson's interest.
(4) The federal government, when it is a party to a contract withthe authority.
(b) In addition to his other rights and subject only to anycontractual restrictions binding upon him, an obligee of a housingauthority may:
(1) by proceedings at law or in equity compel the authority andits commissioners, officers, agents, or employees to performevery term, provision, and covenant contained in any contractof the authority with or for the benefit of the obligee, andrequire the authority to perform all duties imposed upon it bythis chapter; and
(2) by proceedings in equity enjoin unlawful conduct or theviolation of any of his rights as an obligee of the authority.
(c) A housing authority may, by resolution, trust indenture,mortgage, lease, or other contract, confer upon any obligee holdingor representing a specified amount in bonds, notes, or warrants, orholding a lease, the right, upon the happening of an event of defaultas defined in the resolution or contract, to:
(1) cause possession of a housing project, or any part of aproject, to be surrendered to him;
(2) require the authority and its commissioners to account as ifthey were the trustees of an express trust; and
(3) obtain the appointment of a receiver of a housing project, orany part of a project, and of rents and profits from it.
If a receiver is appointed under subdivision (3), he may enter, takepossession of, operate, and maintain the project. The receiver maycollect all fees, rents, and other revenues arising from the project,and he shall keep them in one (1) or more separate accounts andapply them in accordance with the obligations of the authority, asdirected by the court.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-34
Exemption of real property from execution or other judicial
process
Sec. 34. (a) All real property of a housing authority is exemptfrom levy and sale by virtue of an execution, and no execution orother judicial process may be issued against it.
(b) A judgment against a housing authority may not be made acharge or lien upon its real property.
(c) This section does not apply to the right of obligees to forecloseor otherwise enforce a mortgage of a housing authority, or the rightof obligees to pursue remedies for the enforcement of a pledge orlien given by an authority on its rents, fees, or revenues.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-35
Federal, state, and other aid
Sec. 35. (a) A housing authority may do all things necessary ordesirable to secure the financial aid or cooperation of the federalgovernment in the undertaking, construction, maintenance, oroperation of a housing project by the authority, including:
(1) borrowing money or accepting grants or other financialassistance from the federal government for or in aid of ahousing project;
(2) taking over, leasing, or managing a housing project orundertaking constructed or owned by the federal government;and
(3) complying with any conditions and entering into anymortgages, trust indentures, leases, or other agreements that arenecessary or desirable under this subsection.
(b) A housing authority may accept aid from the state, politicalsubdivisions, or private persons.
(c) Notwithstanding subsections (a) and (b), a housing authoritymay not incur any indebtedness to the federal government, or to anyother public or private agency, that matures more than fifty (50)years after letting of contracts for the projects.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-36
Reports
Sec. 36. At least once a year, a housing authority shall file withthe clerk of the fiscal body a report of its activities for the precedingyear, and shall make recommendations for any additional legislationor other action it considers necessary to carry out the purposes of thischapter. The authority shall make a copy of this report available forinspection by the public at the office of the authority.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-37
Books, records, and accounts
Sec. 37. (a) The state board of accounts shall prescribe methodsand forms for keeping the accounts, records, and books to be used bya housing authority, and shall prescribe accounts to which particular
outlays and receipts are to be entered, charged, or credited.
(b) The state board of accounts shall require a housing authorityto file periodic reports with it, but not more often than quarterly orless often than annually. The report must cover the operations andactivities of the authority, in a form prescribed by the board. Theboard may from time to time require the report to include specificanswers to questions upon which the board desires information. Theauthority shall keep copies of all periodical reports on file in itsoffice and make them available for examination by the public.
(c) The state board of accounts shall periodically audit the books,records, and accounts of housing authorities. These audits shall bepaid for in the manner prescribed by IC 5-11-4.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-38
Approval of projects by department of health; filing plans for newconstruction with division of fire and building safety
Sec. 38. (a) A housing authority shall file with the statedepartment of health a description of each proposed project,including plans and layout. The state department shall, within thirty(30) days, transmit its approval or disapproval to the authority.
(b) A housing authority shall file all plans for new constructionwith the division of fire and building safety in the manner prescribedby IC 22-15-3.
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981,P.L.310, SEC.93; P.L.8-1984, SEC.128; P.L.245-1987, SEC.20;P.L.2-1992, SEC.892; P.L.1-2006, SEC.569.
IC 36-7-18-39
Approval of projects by state agencies, boards, and commissions
Sec. 39. Approval of a project of a housing authority by a stateboard, commission, or agency is required only to the extentprescribed by this chapter.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-40
Supervision of federally financed projects
Sec. 40. Notwithstanding this chapter, a housing project whollyor partially financed by the federal government remains subject tosupervision and control by the federal government.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-41
Jurisdiction of authorities; shared jurisdiction
Sec. 41. (a) This subsection applies to a municipality located in acounty that does not have a county housing authority. A municipalhousing authority has jurisdiction to exercise the powers granted bythis chapter in the municipality and in the area within five (5) milesof the corporate boundaries of the municipality. However, theauthority may not exercise its powers within the corporate
boundaries of another municipality without the consent, byresolution, of the fiscal body of that municipality.
(b) Except as provided in subsection (c), a county housingauthority has jurisdiction to exercise the powers granted by thischapter in all unincorporated areas of the county outside thejurisdiction of municipal housing authorities. However, thejurisdiction of a county housing authority may be expanded toinclude all or part of the jurisdiction of a municipal housing authoritywithin the corporate boundaries of the municipality if the fiscalbodies of the county and of the municipality each adopt a resolutiondeclaring a need for the county housing authority to exercise itspowers within the jurisdiction of the municipal housing authority.Such a resolution may be adopted only after a public hearing, withnotice of the time, place, and purpose of the hearing given by thefiscal body by publication in accordance with IC 5-3-1.
(c) A municipal housing authority and a county housing authorityshare jurisdiction to exercise the powers granted by this chapter inthe area that is:
(1) within the county; and
(2) located within five (5) miles outside the corporateboundaries of the municipality.
(d) Notwithstanding subsections (a), (b), and (c), the housingauthority of a consolidated city has jurisdiction to exercise thepowers granted by this chapter only in the area that was subject to itsjurisdiction on December 31, 1969.
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts 1981,P.L.45, SEC.34; P.L.52-2003, SEC.1.
IC 36-7-18-42
Joint projects; authorization
Sec. 42. Two (2) or more housing authorities may join orcooperate with one another in the exercise of any of the powersconferred by this chapter, for the purpose of financing, planning,undertaking, constructing, or operating housing projects locatedwithin the jurisdiction of any one (1) or more of the authorities.
As added by Acts 1981, P.L.309, SEC.37.
IC 36-7-18-43
Repealed
(Repealed by P.L.41-1987, SEC.22.)
IC 36-7-18-44
Repealed
(Repealed by P.L.41-1987, SEC.22.)