Effective - 28 Aug 1939
99.040. Creating a housing authority — need of, how determined. — 1. In each city (as herein defined) and in each county of the state there is hereby created a municipal corporation to be known as the "Housing Authority" of the city or county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city or the county, as the case may be, by resolution or other declaration shall determine at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether or not there is such need for an authority to function may be made by the governing body upon the filing of a petition signed by fifty taxpayers of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare.
2. The governing body shall determine that there is need for a housing authority in the city or county, as the case may be, if it shall find that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
3. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution or other declaration by the governing body declaring the need for the authority. Such resolutions or other declaration shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms (no further detail being necessary) that either or both of the above enumerated conditions exist in the city or county, as the case may be. A copy of such resolution or other declaration duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding.
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(RSMo 1939 § 7856)
(1989) Public housing authorities are statutory municipal corporations and exercise only governmental functions which are subject to governmental immunity. Privately owned rental property enrolled in rental assistance program is not "public property" and was not within statutory exception to government immunity. (Mo. App.) Tyler v. Housing Auth. of Kansas City, 781 S.W.2d 110.
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 99 - Municipal Housing
Section 99.010 - Designation of law.
Section 99.030 - Declaration and purpose of law.
Section 99.040 - Creating a housing authority — need of, how determined.
Section 99.050 - Commissioners — appointment — qualifications — term — compensation.
Section 99.052 - Commissioner may be employee of city or county.
Section 99.055 - Annual audit, content — annual hearings.
Section 99.060 - Commissioner or employee of authority to have no interest in any housing project.
Section 99.070 - Commissioner, how removed.
Section 99.090 - Rentals, how fixed.
Section 99.100 - Rentals and tenant selection — duties.
Section 99.120 - Acquisition of property.
Section 99.130 - Housing projects subject to local regulations.
Section 99.134 - Commissioners of housing authority — membership — terms (Kansas City).
Section 99.140 - Authority to have power to issue bonds — liability therefor.
Section 99.150 - Bonds, how issued — how sold — interest.
Section 99.160 - Powers of authority in connection with issuance of bonds.
Section 99.170 - State auditor to pass upon validity of bonds.
Section 99.180 - Rights of an obligee of an authority.
Section 99.190 - Rights of authority upon the happening of an event of default.
Section 99.200 - Real property of authority exempt from levy and sale by virtue of an execution.
Section 99.210 - Authority may borrow money or accept grants or assistance from federal government.
Section 99.220 - Authority to file report annually.
Section 99.225 - Funds to be used only for certain purposes.
Section 99.230 - Effect of sections 99.010 to 99.230.
Section 99.300 - Citation of law.
Section 99.310 - Declaration of policy.
Section 99.330 - Authority may be created, when.
Section 99.340 - Board of commissioners — appointment — qualifications — terms.
Section 99.350 - Board of commissioners — meetings — quorum — employees.
Section 99.360 - Regional authority — creation — area of operation increased, how.
Section 99.380 - Commissioners — compensation — certificate of appointment.
Section 99.390 - Commissioner — misconduct in office — removal — procedure.
Section 99.400 - Commissioner not to acquire interest voluntarily in clearance project — penalty.
Section 99.410 - Resolution creating authority deemed conclusive, when — filing.
Section 99.420 - Powers of authority.
Section 99.450 - Authority may dispose of property, how.
Section 99.460 - Power of eminent domain — procedure.
Section 99.470 - Vacant land may be developed, when.
Section 99.480 - Bonds — authority to issue — how paid.
Section 99.490 - Bonds — conditions — interest rate — to be sold at par.
Section 99.520 - Bond issues — additional powers of authority.
Section 99.530 - Default of bonds — rights of obligee.
Section 99.540 - Obligee — additional rights.
Section 99.550 - Bonds — who may invest in.
Section 99.560 - Authority may convey property to federal government in case of default.
Section 99.570 - Property of authority exempt from execution.
Section 99.580 - Powers of a public body to cooperate in land clearance project.
Section 99.590 - Public notice of conveyance or agreement not required.
Section 99.600 - Community may issue and sell bonds to aid project.
Section 99.620 - Annual report, satisfactory progress of projects, procedure to determine.
Section 99.630 - Authority may take over projects of constitutional charter city or county.
Section 99.640 - Master plan — municipalities authorized to prepare.
Section 99.650 - Construction of law.
Section 99.660 - Powers additional to those conferred by other laws.
Section 99.705 - Assessor to issue current assessed value statement, when.
Section 99.710 - Assessor's statement, area covered — on file for ten years.
Section 99.800 - Law, how cited.
Section 99.830 - Notice of public hearings, publication and mailing requirements, contents.
Section 99.843 - Greenfield areas, no new projects to be designated, when.
Section 99.860 - Severability.
Section 99.886 - Discrimination in sale or rental prohibited.
Section 99.888 - Inspection by government agencies authorized, when — purpose.
Section 99.891 - Applicants, priority for selection.
Section 99.896 - Abatement or deferral of real property taxes, requirements.
Section 99.901 - Urban homesteading fund established, purpose.
Section 99.907 - Tax exemption for interest on bonds.
Section 99.912 - Civil actions to compel governing body issuing bonds to perform all duties.
Section 99.915 - Title — funding exclusions — act supersedes other inconsistent laws.
Section 99.919 - Out-of-state business, projects that relocate, calculation of new net revenues.
Section 99.921 - Downtown economic stimulus authority authorized, limitations.
Section 99.936 - Disposal of real property.
Section 99.968 - Debt service levies, computation of.
Section 99.975 - Application approvals, limitations.
Section 99.1000 - Definitions.
Section 99.1006 - Rural economic stimulus authority authorized, limitations.
Section 99.1021 - Disposal of real property.
Section 99.1027 - Developmental plan, contents, adoption of, procedure.
Section 99.1054 - Debt service levies, computation of.
Section 99.1080 - Citation of law.
Section 99.1082 - Definitions.
Section 99.1086 - Redevelopment plan, contents — adoption of plan, when.
Section 99.1092 - Fund established, allocation of moneys — rulemaking authority.