                                 CODE OF VIRGINIA

CREATION OF REGIONAL HOUSING AUTHORITY (§ 36-40)

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 to be created
for all of such counties to exercise in such counties powers and other functions
prescribed for a regional housing authority, a political subdivision of the
Commonwealth to be known as a regional housing authority shall thereupon exist
for all of such counties and exercise its public and corporate powers and other
functions in such counties; and thereupon each housing authority created for
each of such counties shall cease to exist except for the purpose of winding up
its affairs and executing a deed to the regional housing authority as
hereinafter provided; provided that the board of supervisors of a county shall
not adopt a resolution as aforesaid if there is a county housing authority
created for such county which has any obligations outstanding unless first, all
obligees of such county housing authority and parties to the contracts, bonds,
notes, and other obligations of such county housing authority consent in writing
to the substitution of such regional housing authority in lieu of such county
housing authority on all such contracts, bonds, notes, or other obligations; and
second, the commissioners of such county housing authority adopt a resolution
consenting to the transfer of all the rights, contracts, obligations, and
property, real and personal, of such county housing authority to such regional
housing authority as hereinafter provided; and provided further that when the
above two conditions are complied with and such regional housing authority is
created and authorized to exercise its powers and other functions, all rights,
contracts, agreements, obligations, and property of such county housing
authority shall be in the name of and vest in such regional housing authority,
and all obligations of such county housing authority shall be the obligations of
such regional housing authority and all rights and remedies of any person
against such county housing authority may be asserted, enforced, and prosecuted
against such regional housing authority to the same extent as they might have
been asserted, enforced, and prosecuted against such county housing authority.
		When any real property of a county housing authority vests in a regional
housing authority as provided above, the county housing authority shall execute
a deed of such property to the regional housing authority which thereupon shall
file such deed in the office provided for the filing of deeds, provided that
nothing contained in this sentence shall affect the vesting of property in the
regional housing authority as provided above.
		The board of supervisors of each of two or more contiguous counties shall by
resolution declare that there is a need for one regional housing authority to be
created for all of such counties to exercise in such counties powers and other
functions prescribed for a regional housing authority, if such board of
supervisors finds (and only if it finds) (a) that insanitary or unsafe inhabited
dwelling accommodations exist in such county or there is a shortage of safe or
sanitary dwelling accommodations in such county available to persons of low
income at rentals they can afford and (b) that a regional housing authority
would be a more efficient or economical administrative unit than the housing
authority of such county to carry out the purposes of this Housing Authorities
Law in such county.
		In any suit, action, or proceeding involving the validity or enforcement of or
relating to any contract of the regional housing authority, the regional housing
authority shall be conclusively deemed to have become created as a public body
corporate and politic and to have become established and authorized to transact
business and exercise its powers hereunder upon proof of the adoption of a
resolution by the board of supervisors of each of the counties creating the
regional housing authority declaring the need for the regional housing
authority. Each such resolution shall be deemed sufficient if it declares that
there is need for the regional housing authority and finds in substantially the
foregoing terms (no further detail being necessary) that the conditions
enumerated above in (a) and (b) exist. A copy of such resolution of the board of
supervisors of a county, duly certified by the clerk of such county, shall be
admissible in evidence in any suit, action, or proceeding.
		The area of operation of a regional housing authority shall include (except as
otherwise provided elsewhere in this chapter) all of the counties for which such
regional housing authority is created and established.

HISTORY: 1942, p. 317; Michie Code 1942, § 3145(4a).