                                 CODE OF VIRGINIA

HOUSING AUTHORITY OPERATIONS IN OTHER MUNICIPALITIES (§ 36-23)

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 included
in the area of operation of such housing authority, for the purpose of planning,
undertaking, financing, rehabilitating, constructing and operating a housing
project or projects or a multi-family residential building or buildings within
such municipality; provided that a resolution shall have been adopted (a) by the
governing body of such municipality in which the housing authority is to
exercise its powers and (b) by the authority of such municipality (if one has
been theretofore established by such municipality and authorized to exercise its
powers therein) declaring that there is a need for the aforesaid housing
authority to exercise its powers within such municipality. A municipality shall
have the same powers to furnish financial and other assistance to such housing
authority exercising its powers within such municipality under this section as
though the municipality were within the area of operation of such authority.

No governing body of a municipality shall adopt a resolution as provided in this
section declaring that there is a need for the housing authority (other than a
housing authority established by such municipality) to exercise its powers
within such municipality, unless a public hearing has first been held by such
governing body and unless such governing body shall have found in substantially
the following terms: (a) that insanitary or unsafe inhabited dwelling
accommodations exist in such municipality or that there is a shortage of safe or
sanitary dwelling accommodations in such municipality available to persons of
low income at rentals they can afford; and (b) that these conditions can be best
remedied through the exercise of the aforesaid housing authority&#8217;s powers
within the territorial boundaries of such municipality; provided that such
findings shall not have the effect of establishing an authority for any such
municipality under § 36-4 nor of thereafter preventing such municipality from
establishing an authority or joining in the creation of a consolidated housing
authority or the increase of the area of operation of a consolidated housing
authority. The clerk of the city or other municipality shall give notice of the
time, place and purpose of the public hearing at least seven days prior to the
date on which the hearing is to be held, in a newspaper published in such
municipality, or if there is no newspaper published in such municipality, then
in a newspaper published in the Commonwealth and having a general circulation in
such municipality. Upon the date fixed for such public hearing an opportunity to
be heard shall be granted to all residents of such municipality and to all other
interested persons.

During the time that, pursuant to these findings, the aforesaid housing
authority has outstanding (or is under contract to issue) any evidences of
indebtedness for a project within the municipality, no other housing authority
may undertake a project within such municipality without the consent of the
housing authority which has such outstanding indebtedness or obligation.

HISTORY: 1942, p. 324; Michie Code 1942, § 3145(41); 1984, c. 350; 2023, cc.
506, 507.