                                 CODE OF VIRGINIA

CONSOLIDATED HOUSING AUTHORITY (§ 36-47)

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 housing
authority to be created for all of the municipalities to exercise in the
municipalities the powers and other functions prescribed for a consolidated
housing authority, a political subdivision of the Commonwealth to be known as a
consolidated housing authority (with a corporate name it selects) shall
thereupon exist for all of the municipalities and exercise its public and
corporate powers and other functions within its area of operation (as herein
defined), including the power to undertake projects therein. Thereupon, any
housing authority created for each of the municipalities shall cease to exist
except for the purpose of winding up its affairs and executing a deed of its
real property to the consolidated housing authority. The creation of a
consolidated housing authority and the finding of need therefor shall be subject
to the same provisions and limitations of this chapter as are applicable to the
creation of a regional housing authority. The provisions of this chapter
applicable to regional housing authorities and the commissioners thereof shall
be applicable to consolidated housing authorities and the commissioners thereof.
The area of operation of a consolidated housing authority shall include all of
the territory within the boundaries of each municipality joining in the creation
of the authority, except that the area of operation may be changed to include or
exclude any municipality or municipalities in the same manner and under the same
provisions as provided in this chapter for changing the area of operation of a
regional housing authority by including or excluding a county or counties. For
all such purposes, the term &#8220;board of supervisors&#8221; shall be
construed as meaning &#8220;governing body.&#8221; The term &#8220;county&#8221;
shall be construed as meaning &#8220;municipality&#8221; and the terms
&#8220;county housing authority&#8221; and &#8220;regional housing
authority&#8221; shall be construed as meaning &#8220;housing authority of the
city&#8221; and &#8220;consolidated housing authority,&#8221; respectively,
unless a different meaning clearly appears from the context.
		The governing body of a municipality for which a housing authority has not
been created shall not adopt the above resolution unless it first declares that
there is a need for a consolidated housing authority to function in the
municipality, which declaration shall be made in the same manner and subject to
the same conditions as the declaration of the governing body of a city required
by § 36-4 for the purpose of authorizing a housing authority created for a city
to transact business and exercise its powers.
		Except as otherwise provided herein, a consolidated housing authority and the
commissioners thereof shall, within the area of operation of the consolidated
housing authority, have the same functions, rights, powers, duties, privileges,
immunities and limitations as those provided for housing authorities created for
cities, counties, or groups of counties and the commissioners of such housing
authorities, in the same manner as though all the provisions of law applicable
to housing authorities created for cities, counties, or groups of counties were
applicable to consolidated housing authorities.
		The term &#8220;municipality&#8221; as used in this chapter shall mean any
county, city or town in the Commonwealth.
		The term &#8220;residential buildings&#8221; as used in this chapter shall
include, but not be limited to, any multi-family residential property in which
no less than twenty percent of the units will be occupied by persons of low
income and the remainder therein by persons of moderate income, both as
determined by the housing authority using the criteria set forth in the
definition of &#8220;persons and families of low and moderate income&#8221; in
§ 36-55.26, and any nursing care facility, or any nursing home as defined in §
32.1-123.

HISTORY: 1942, p. 323; Michie Code 1942, § 3145(4k); 1958, c. 82; 1982, c. 330;
1983, c. 347; 1984, c. 350; 1987, c. 433; 1988, c. 217.