Article 9: Housing Authority

§3-901              Falls City Code                   §3-904

Article 9.  Housing Authority

 

§3-901    HOUSING AUTHORITY; DEFINITIONS.  Except as otherwise specifically provided, the definitions and terms set out in the Nebraska statutes relating to Housing Authorities under the Nebraska Housing Authority Law are hereby adopted by reference as they now exist or may hereafter be amended. (Ref.  71-1522 RS Neb.)

 

§3-902    HOUSING AUTHORITY; CONTINUED EXISTENCE.  The Municipal Housing Authority established under State law prior to December 25, 1969, shall have continued existence after that date under the Nebraska Housing Authority Law.  All Commissioners of such Authority and all officers, legal counsel, technical experts, directors, and other appointees or employees of such authority, holding office or employment by virtue of prior State law on December 25, 1969, shall be deemed to have been appointed or employed by the Mayor under the provisions of the Nebraska Housing Authority Law and shall from that date forward conduct their operations consistent with the provisions of that Act.  (Ref.  71-1527 RS Neb.) 

 

§3-903    HOUSING AUTHORITY; OWNERSHIP.  The Municipal Housing Authority is owned by the Municipality and operated through the Housing Authority Commission. The Housing Authority shall constitute a body corporate and politic, and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Nebraska Housing Authority Law.  (Ref.  71-1529 RS Neb.)

 

§3-904    HOUSING AUTHORITY; OPERATION AND MANAGEMENT.  The Authority shall at all times observe the following duties with respect to rentals and tenant selection:

1.   It may rent or lease dwelling accommodations therein only to persons of low income, elderly, or handicapped persons of low income, and displaced persons in need.   

2.   There shall be no discrimination in the eligibility or occupancy of tenants on the basis of race, religion, color, creed, national origin, or ancestry.  

3.   The Authority shall not accept any person as a tenant in any dwelling in the housing project if the applicant has an annual income which equals or exceeds the amount which the Authority has conclusively determined to be sufficient to enable one to secure, safe, sanitary, and uncongested dwelling accommodations within the area served by the Authority and to provide an adequate standard of living.    

4.   The Authority may rent or lease to a tenant a dwelling consisting of a number of rooms which is deemed necessary to provide safe and sanitary accommodations to the occupants without overcrowding. 

5.  The Authority shall fix income limits for occupancy and rents after taking into consideration:  

a.   The family size, composition, age, physical handicaps, and other factors which might affect the rent-paying ability of the person.  

b.   The economic factors which affect the financial stability and solvency of the project. 

6. The Authority may accept as a tenant any displaced person or persons in need, regardless of income, but in no event shall such person or persons remain as a tenant or tenants of the Authority for more than a period of six (6) months unless such persons also qualify as persons of low income, elderly, or handicapped persons of low income.   

All persons of low income, elderly, or handicapped persons of low income, or displaced persons in need, shall be entitled to the benefits of this Article and the Authority may establish rules and regulations consistent with the purposes of this Article concerning eligibility and occupancy of the housing project or other such shelter.    

8.   Nothing herein shall prohibit the right of the Authority to inquire into the financial condition, family composition, medical, personal, and employment history of any tenant or prospective tenant.

9.   The Authority shall prohibit subletting by tenants.   

The Authority may establish from time to time rules and regulations consistent with federal and state laws and regulations and the purposes of this Article concerning the termination of tenancy.  Any tenant so terminated shall be sent a written notice of termination setting out the reason for such termination and any tenant served with a notice shall be given the opportunity to contest the termination in an appropriate hearing, except that tenants who have created or maintained a threat constituting a serious and clear danger to the health or safety of other tenants or Authority employees need not be given such a hearing by the Authority.  Such notice may provide that if the tenant fails to pay his or her rent or comply with any covenant or condition of his or her lease, or the rules and regulations of such Authority, or cure a violation of default thereof, as the case may be, as specified in such notice, or follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall than be automatically terminated and no other notice or notices need be given of such termination or the intent to terminate the tenancy, and upon such termination, and without any notice other than as provided for in this section, the Authority may file suit against any tenant for recovery of possession of the premises and may recover the same as provided by law.   

The Authority may establish from time to time rules and regulations consistent with the purposes of this Article concerning personal property of tenants and other persons located in projects of the Authority, and if such personal property is not removed from a dwelling unit at the time the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any tenant, then the Authority may remove the same and store such property at the tenant's risk and expense.  In the event that possession of such personal property is not taken by the tenant or other person authorized by law to take possession within forty-five (45) days after such termination, vacation, or abandonment, and any storage removal charges remain unpaid, then the Authority may, at its option, dispose of the personal property shall be paid to the general fund of the body which created the Authority.  No tenant or other person shall have any cause of action against the Authority for such removal or disposition of such personal property.  (Ref.  71-1537 RS Neb.)    

 

§3-905    HOUSING AUTHORITY; RULES AND REGULATIONS.  The Housing Authority may establish from time to time rules and regulations consistent with the purposes of this Article concerning the priority eligible applicants for occupancy. The Authority may give preferential treatment to applicants who are servicemen or veterans, relative of servicemen or veterans, to disabled servicemen or veterans, the elderly or disabled, those in urgent need of adequate housing or who have no adequate source of income; Provided, that in any such system, displaced persons in need shall have a priority ahead of all other persons; and provided further, that no tenant is good standing then in occupancy and qualified for continued occupancy shall have his tenancy terminated in order to provide dwelling units for classes or categories of applicants as the Authority may establish.  (Ref.  71-1547 RS Neb.)

 

§3-906    HOUSING AUTHORITY; REPORTS.  The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make an annual report at the second (2nd) regular meeting in January of each year to the Governing Body.  Such report shall include all mortgages and other interests in real property held by the Housing Authority, including options to purchase and land sale contracts; a listing of all bond issues and their essential terms and obligations; and all other financial obligations of the Housing Authority over fifty thousand dollars ($50,000.00).  Such reports shall be considered public records.  If there has been no change from the last report in the status of any of the items reported pursuant to this section, the Housing Authority may file a statement to that effect in lieu of the report.  (Ref.  71-1552 RS Neb.)

 

§3-907    JOINT HOUSING AUTHORITY.  Any two (2) or more Cities, Villages or Counties, or any combination thereof, may, by resolution of their separate governing bodies, determine that there is a need for a Joint Housing Authority to provide decent, safe and sanitary housing for persons of low income living in a multi-jurisdictional area, and that this need would be more efficiently served by the establishment of such Joint Housing Authority.  Such Joint Housing Authority shall have perpetual existence; except that any City, Village, or County, as the case may be, may withdraw from participation in the Joint Housing Authority by resolution of its Governing Body only under the conditions set out in State law.  The area of operation of such Joint Housing Authority would be an area equivalent to the total areas of operation which the housing authorities, if created separately by the Cities, Villages, or Counties establishing the Joint Authority would have.  The creation of subsequent housing authorities shall not affect the area of operation or territorial jurisdiction of any existing housing authority.  Whenever a Joint Housing Authority is created, it shall bear such name as the political subdivision or subdivisions creating it shall choose, and such name shall include the words Joint Housing Authority.

When it is determined by resolution of the Governing Bodies of two (2) or more Cities, Villages, or Counties, or any combination thereof, that it is expedient to create a Joint Housing Authority and to participate therein, the Governing Bodies shall appoint persons who shall be residents of the area of operations of the Authority and who shall constitute the Joint Housing Authority, and such persons shall be called Commissioners.  The Commissioners shall be appointed as follows:

(a) When two (2) political subdivisions constitute the participating members in such Joint Authority, each shall appoint two (2) persons to act as Commissioners and such Commissioners shall elect a fifth (5th) person to act as a Commissioner;

(b) When three (3) political subdivisions constitute the participating members in such Joint Authority, each shall appoint one (1) person to act as a Commissioner and such Commissioners shall elect a fourth (4th) and fifth (5th) person to act as Commissioners;

(c) When four (4) political subdivisions constitute the participating members in such Joint Authority, each shall appoint one (1) person to act as Commissioner and such Commissioners shall elect a fifth (5th) person to act as a Commissioner; and   

(d) When five (5) or more political subdivisions constitute the participating members in the Joint Authority, each shall appoint one (1) person to act as Commissioner.    

Each Commissioner shall serve a term of five (5) years from the date of his or her appointment. All vacancies shall be filled for the unexpired term by the entity originally appointing such Commissioner. Tenancy in a project established by a Joint Housing Authority shall not preclude the appointment of any person to serve as a Commissioner of such Joint Housing Authority. After a Joint Housing Authority has been created, additional political subdivisions may elect to participate as members of such Joint Housing Authority after compliance with section 71-1523 RS Neb., if the majority of existing Commissioners in such Joint Housing Authority and all participating political subdivisions by their respective Governing Bodies consent to such additional member. A Joint Housing Authority having twelve (12) or more Commissioners may, by resolution, establish an Executive Committee of at least five (5) but not more than seven (7) Commissioners. The Committee shall have such powers over the management and operation of such Joint Housing Authority as the Commissioners of such Joint Housing Authority shall specify and shall declare in the resolution.  No person shall serve as a Commissioner unless he or she resides within the area of operation of the Joint Housing Authority involved. (Ref.  71-1520, 71-1522 through 71-1524 RS Neb.)