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 "board of supervisors" shall be construed as meaning "governing body." The term "county" shall be construed as meaning "municipality" and the terms "county housing authority" and "regional housing authority" shall be construed as meaning "housing authority of the city" and "consolidated housing authority," 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 "municipality" as used in this chapter shall mean any county, city or town in the Commonwealth.
The term "residential buildings" 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 "persons and families of low and moderate income" in § 36-55.26, and any nursing care facility, or any nursing home as defined in § 32.1-123.
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.
Structure Code of Virginia
Chapter 1 - Housing Authorities Law
§ 36-2. Findings and declaration of necessity
§ 36-4. Creation of redevelopment and housing authorities
§ 36-4.1. Holding of referendum; effect
§ 36-6. Cooperation in undertaking housing projects
§ 36-7. Loans and donations to housing authority
§ 36-7.1. Liquidation of housing project
§ 36-7.2. Notice of intent to demolish, liquidate, or otherwise dispose of housing projects
§ 36-8. Supplemental nature of chapter
§ 36-9.1. Exemptions from applicability of this chapter; conflicts in provisions of law
§ 36-11. Appointment and tenure of commissioners; compensation
§ 36-11.1. Compensation of commissioners in certain counties
§ 36-11.1:1. Compensation of commissioners generally
§ 36-11.2. Appointment of commissioners in certain cities
§ 36-12. Powers vested in commissioners; quorum
§ 36-13. Selection of chairman and other officers, agents and employees
§ 36-15. Delegation of authority
§ 36-17. Removal of commissioners
§ 36-18. Meetings and residence of commissioners
§ 36-19. Enumeration of powers
§ 36-19.1. Special provisions; City of Roanoke
§ 36-20. Housing research and studies
§ 36-21. Housing projects not to be operated for profit
§ 36-22. Rentals and tenant selection
§ 36-22.1. Conveyance of streets; no trespass policy
§ 36-23. Housing authority operations in other municipalities
§ 36-24. Cooperation of authorities
§ 36-25. Payments by housing authorities to other bodies
§ 36-26. Aid from federal government
§ 36-27.01. Plan for alternative housing of persons displaced by condemnation, conversion, etc.
§ 36-27.1. Damages to leasehold interests in the City of Waynesboro
§ 36-27.2. Limitations on certain housing authorities; exception
§ 36-28. Planning, zoning and building laws
§ 36-29. Power to issue bonds; liability in general
§ 36-30. Form and sale of bonds; presumption of validity
§ 36-31. Provisions of bonds, trust indentures and mortgages
§ 36-32. Remedies of obligee of authority
§ 36-33. Additional remedies conferrable by authority
§ 36-34. Housing bonds to be legal investments, legal security and negotiable
§ 36-35. Contracts and covenants with federal government, etc.; agreements to sell
§ 36-36. Powers of county and regional housing authorities
§ 36-37. Same subject; tenant selection limitations; homestead exemption
§ 36-38. Housing applications by farmers
§ 36-40. Creation of regional housing authority
§ 36-41. Increasing area of operation of regional housing authority
§ 36-42. Decreasing area of operation of regional housing authority
§ 36-43. Housing authority for county excluded from regional authority
§ 36-44. Public hearing to create regional authority or change its area of operation, and findings
§ 36-45. Commissioners of regional housing authority
§ 36-46. Powers of regional housing authority
§ 36-47. Consolidated housing authority
§ 36-47.1. Compensation of commissioners
§ 36-47.2. Consolidation of two or more housing authorities within same city
§ 36-48. Creation of Redevelopment Areas
§ 36-48.1. Creation of Conservation Areas
§ 36-49. Adoption of Redevelopment Plans
§ 36-49.1. Adoption of Conservation Plans
§ 36-49.1:1. Spot blight abatement authorized; procedure
§ 36-49.2. Power to purchase or lease land for certain other redevelopment projects
§ 36-50. Extension of general powers for actions taken pursuant to a redevelopment plan
§ 36-50.1. Extension of general powers for actions taken pursuant to a conservation plan
§ 36-51.1. Requirements for "conservation plan" generally
§ 36-52. Cooperation by localities
§ 36-52.1. Authority for localities to create conservation or redevelopment areas
§ 36-52.3. Adoption and designation of "rehabilitation area."
§ 36-53. Making property available for conservation or redevelopment
§ 36-54. Aid from federal government