Sec. 26. (a) A housing authority shall observe the following rules with respect to rentals and tenant selection in the operation and management of housing projects:
(1) An authority may not accept a person as a tenant in a dwelling in a project if the persons who would occupy the dwelling have an aggregate annual income that equals or exceeds the amount that, as determined by the authority, is necessary to enable those persons to secure safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living for themselves. The determination of the authority is conclusive.
(2) An authority may rent or lease the dwelling accommodations in a project only at rentals within the financial reach of persons who lack the amount of income that, as determined in subdivision (1), is necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the jurisdiction of the authority and to provide an adequate standard of living.
(3) An authority may rent or lease to a tenant a dwelling consisting of a number of rooms no greater than that which it considers necessary to provide safe and sanitary accommodations without overcrowding.
(b) The housing authority shall adopt rules indicating the manner in which it will comply with this section. These rules apply equally to all tenants and must be posted for public inspection in a conspicuous place in the office of the authority.
(c) This section does not limit the power of an authority to vest rights in an obligee under section 33 of this chapter free from all the restrictions imposed by this section.
[Pre-Local Government Recodification Citation: 18-7-11-10 part.]
As added by Acts 1981, P.L.309, SEC.37.
Structure Indiana Code
Article 7. Planning and Development
Chapter 18. Housing Authorities
36-7-18-1. Application of Chapter; Impairment of Contract; Fulfillment of Obligations
36-7-18-1.5. Powers of Agency Performing Public Housing Function
36-7-18-2. Declaration of Public Purpose
36-7-18-3. "Persons of Low Income" Defined
36-7-18-4. Housing Authorities; Establishment; Procedure
36-7-18-5. Commissioners; Appointment
36-7-18-6. Commissioners Not Officers or Employees of Unit; Exceptions
36-7-18-7. Commissioners; Terms of Office; Certificates of Appointment
36-7-18-8. Commissioners; Compensation; Expenses
36-7-18-9. Commissioners; Removal From Office
36-7-18-9.1. Commissioners; Residence Requirement; Removal
36-7-18-10. Employees; Legal Services; Pension Plans
36-7-18-11. Conflicts of Interest
36-7-18-13. Quorum; Approval of Actions
36-7-18-14. Limitations on Powers of Authorities
36-7-18-15. Actions; Contracts; Rules
36-7-18-16. Housing Projects; Authorization; Limitations
36-7-18-17. Contracts Relating to Housing Projects
36-7-18-18. Property Management; Acquisition, Ownership, and Disposition of Property
36-7-18-19. Investment of Funds; Cancellation of Indebtedness
36-7-18-20. Investigatory Powers; Cooperation With Political Subdivisions and State
36-7-18-21. Designation of Hearing Examiners
36-7-18-22. Availability of Housing; National Defense Activities; Major Disasters
36-7-18-24. Establishment of Rental Rates
36-7-18-25. Exemptions From Taxes and Assessments; Agreements to Pay for Services
36-7-18-26. Tenant Selection; Rentals; Adoption of Rules
36-7-18-27. Persons Ineligible as Tenants
36-7-18-29. Housing Projects; Applicability of Ordinances and Regulations
36-7-18-33. Obligees of Housing Authorities; Rights
36-7-18-34. Exemption of Real Property From Execution or Other Judicial Process
36-7-18-35. Federal, State, and Other Aid
36-7-18-37. Books, Records, and Accounts
36-7-18-39. Approval of Projects by State Agencies, Boards, and Commissions
36-7-18-40. Supervision of Federally Financed Projects
36-7-18-41. Jurisdiction of Authorities; Shared Jurisdiction