South Carolina Code of Laws
Chapter 3 - Housing Authorities Law
Section 31-3-20. Definitions.

The following terms, wherever used or referred to in this chapter and Chapter 11 shall have the following respective meanings, unless in any case a different meaning clearly appears from the context:
(1) The term "director" shall mean the Secretary of Commerce;
(2) "Authority" or "housing authority" shall mean a corporate body organized in accordance with the provisions of this chapter and Chapter 11 for the purpose, with the powers and subject to the restrictions hereinafter set forth;
(3) "Mayor" shall mean the chief executive of the municipality, whether the official designation of his office be mayor, city manager or some other title;
(4) "Municipality" shall mean any city, town or other municipality in the State;
(5) "City" shall mean any incorporated municipality in the State and "the city" shall mean the particular city or town for which a particular housing authority is created;
(6) "Council" shall mean the chief legislative body of the municipality;
(7) "Commissioner" shall mean one of the members of an authority appointed in accordance with the provisions of this article;
(8) "Government" shall include the State and Federal governments and any subdivision, agency or instrumentality, corporate or otherwise of either of them;
(9) The "State" shall mean the State of South Carolina;
(10) "Project" shall include all lands, buildings and improvements acquired, owned, leased, managed or operated by a housing authority and all buildings and improvements constructed, reconstructed or repaired by a housing authority, designed to provide housing accommodations or stores, offices and community facilities appurtenant thereto, whether or not acquired or constructed at one time and the term may also be applied to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the clearing of land, the construction, reconstruction and repair of improvements and all other work in connection therewith;
(11) "Community facilities" shall include lands, buildings and equipment for recreation or social assembly, for educational, health or welfare activities and other necessary utilities primarily for the use and benefit of the occupants of housing accommodations to be constructed and operated hereunder;
(12) The term "bonds" shall include bonds, notes, debentures or other written evidences of indebtedness carrying either the general credit of the authority or payable solely out of pledged revenues;
(13) The term "mortgage" shall include mortgages, deeds of trusts or other instruments creating a lien or security interest;
(14) The term "real property" shall include lands, lands under water, structures and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise;
(15) "Persons of low income" means those individuals who are members of households whose gross income falls below seventy-five percent of the "median gross income" of all households in South Carolina as determined on the basis of the latest available statistics furnished to the Authority by the Revenue and Fiscal Affairs Office. Gross income means income derived from any source whatsoever. An allowance for each member of the family equal to an amount for personal exemptions as defined by the South Carolina Income Tax Law, Section 12-7-310, must be deducted from gross income in order to qualify a person or family as a member of the "beneficiary class"; and
(16) "Obligee of the authority" or "obligee" shall include any bondholder, trustee for any bondholders, lessor demising to an authority property used in connection with a project, any assignee of such lessor's interest or any part thereof or the Federal Government when it is a party to any contract with an authority.
(17) "Persons of moderate to low income" means those individuals who are members of households whose gross income falls between seventy-five percent and one hundred fifty percent of the "median gross income" of all households in South Carolina as determined on the basis of the latest available statistics furnished to the Authority by the Revenue and Fiscal Affairs Office. Gross income means income derived from any source whatsoever. An allowance for each member of the family equal to an amount for personal exemptions as defined by the South Carolina Income Tax Law, Section 12-7-310, must be deducted from gross income in order to qualify a person or family as a member of the "beneficiary class".
HISTORY: 1962 Code Section 36-102; 1952 Code Section 36-102; 1942 Code Sections 5271-31, 5271-32; 1934 (38) 1368; 1937 (40) 431; 1942 (42) 1742; 1945 (44) 156; 1954 (48) 1745; 1969 (56) 200; 1970 (56) 2288, 2402; 1986 Act No. 369, Sections 2, 3; 1993 Act No. 181, Section 503; 1994 Act No. 361, Section 8.

Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, Section 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office".
Editor's Note
Section 12-7-310, referred to in items (15) and (17) of this section, which provided for exemptions from the State Income Tax, was repealed by 1985 Act No. 101, Section 22, effective May 21, 1985, for tax years after December 31, 1984.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 31 - Housing and Redevelopment

Chapter 3 - Housing Authorities Law

Section 31-3-10. Short title.

Section 31-3-20. Definitions.

Section 31-3-30. Declaration of public interest.

Section 31-3-40. Cooperation of two or more housing authorities.

Section 31-3-50. Verification of eligibility for public housing program by obtaining information from Department of Revenue and Employment Security Commission; method of request and response.

Section 31-3-310. Cities empowered to create housing authorities.

Section 31-3-320. Resolution of council required for creation of authority.

Section 31-3-330. Resolution conclusive as to establishment; certificate as evidence thereof.

Section 31-3-340. Commissioners.

Section 31-3-350. Compensation of commissioners.

Section 31-3-360. Personal interest of commissioners or employees in projects or property prohibited.

Section 31-3-370. Removal of commissioners.

Section 31-3-380. Organization; quorum; officers and employees.

Section 31-3-390. Territorial jurisdiction.

Section 31-3-400. Extraterritorial powers.

Section 31-3-410. Public hearing and findings prerequisite to exercise of extraterritorial powers.

Section 31-3-420. Consent required from housing authority having outstanding indebtedness or obligations before other housing authority may undertake project in municipality.

Section 31-3-430. Powers of authority vested in commissioners.

Section 31-3-440. General corporate powers.

Section 31-3-450. Specific powers with respect to projects, planning, and the like.

Section 31-3-460. Acquisitions by purchase or eminent domain.

Section 31-3-500. Disposition of surplus real property.

Section 31-3-510. Studies and investigations; dissemination of information.

Section 31-3-520. Power of examination; subpoenaing witnesses and production of books and records.

Section 31-3-530. Management and operation of housing projects; profits unlawful.

Section 31-3-540. Rental and tenant selections.

Section 31-3-545. Procedures for payment of rent.

Section 31-3-550. Foreclosure frees projects from restrictions.

Section 31-3-560. Protection of deposits.

Section 31-3-570. Tax exemption; payments in lieu of taxes.

Section 31-3-580. Projects subject to planning, zoning and other laws.

Section 31-3-590. Provisions affecting other public bodies not applicable.

Section 31-3-600. Books and records.

Section 31-3-710. Counties empowered to create housing authorities.

Section 31-3-720. Resolution of legislative delegation required for creation of authority.

Section 31-3-730. Functions, rights, powers, duties, and liabilities of authorities.

Section 31-3-740. Delegation and Senator authorized to perform functions of council and mayor.

Section 31-3-750. Territorial jurisdiction.

Section 31-3-760. Territorial jurisdiction of authority may include city.

Section 31-3-770. Creation of authority in excluded county.

Section 31-3-780. Performance of functions of legislative delegation, council, and mayor in county which has withdrawn from regional housing authority.

Section 31-3-910. Creation of regional housing authorities.

Section 31-3-920. Effect of outstanding obligations of county housing authority upon creation of regional housing authority.

Section 31-3-930. Findings prerequisite to creation of regional housing authority.

Section 31-3-940. Resolutions conclusive as to establishment; certificate as evidence thereof.

Section 31-3-950. Effect of creation of regional housing authority on rights, contracts, agreements, obligations, and property of county housing authority.

Section 31-3-960. Appointment of commissioners.

Section 31-3-970. Qualifications of commissioners.

Section 31-3-980. Terms of office of commissioners.

Section 31-3-990. Removal of commissioners.

Section 31-3-1000. Quorum; right to hold and location of meetings.

Section 31-3-1010. Area of operation.

Section 31-3-1020. Increase of area of operation.

Section 31-3-1030. Consent of county housing authority having outstanding obligations required as prerequisite to increase of area of operation.

Section 31-3-1040. Findings prerequisite to increase of area of operation.

Section 31-3-1050. Effect of increase of area of operation on property, obligations, and the like of county authority.

Section 31-3-1060. Decrease of area of operation.

Section 31-3-1070. Consent of all holders of evidences of indebtedness prerequisite to decrease of area of operation.

Section 31-3-1080. Findings prerequisite to decrease of area of operation.

Section 31-3-1090. Withdrawal of county from regional housing authority and creation of county housing authority; notice and hearing.

Section 31-3-1100. Circumstances precluding withdrawal of county from regional housing authority; assumption of share of obligations of regional authority.

Section 31-3-1110. Assumption of obligations by county of regional authority disclosed subsequent to withdrawal.

Section 31-3-1120. Effect when area of operation is decreased to one county.

Section 31-3-1130. Disposition of property in excluded county.

Section 31-3-1140. Hearings prerequisite to creation or change of regional housing authority.

Section 31-3-1150. Functions, rights, powers, and duties of regional housing authority.

Section 31-3-1160. Books, records, and accounts open to inspection; reports.

Section 31-3-1310. Construction of terms in provisions relating to regional housing authorities.

Section 31-3-1320. Creation of consolidated housing authority.

Section 31-3-1330. Prerequisite to creation.

Section 31-3-1340. Applicability of provisions governing regional housing authorities.

Section 31-3-1350. Area of operation.

Section 31-3-1360. Functions, rights, powers, and the like of authority.

Section 31-3-1510. Loans or grants from Federal agencies.

Section 31-3-1520. Provisions in contracts with United States.

Section 31-3-1530. Agreement limiting powers in connection with governmental loans or grants.

Section 31-3-1540. Minimum wages and maximum hours.

Section 31-3-1550. Agreements for supervision and control of project by State or Federal Government.

Section 31-3-1560. Issuance of bonds; security therefor.

Section 31-3-1570. Terms of bonds; negotiability.

Section 31-3-1580. Provisions of bonds, trust indentures, and mortgages.

Section 31-3-1590. Covenant as to extent of area of operation.

Section 31-3-1600. Effect of recital in bond of purpose of issuance.

Section 31-3-1610. Tax exemption of bonds, notes, etc.

Section 31-3-1620. Sale of bonds.

Section 31-3-1630. Bonds or other obligations as investments.

Section 31-3-1640. Validity of bond signed by commissioner or officer leaving office before delivery.

Section 31-3-1650. Personal liability on bonds; bonds shall not constitute "indebtedness".

Section 31-3-1660. Remedies of obligee of housing authority.

Section 31-3-1670. Additional remedies conferrable on obligee.

Section 31-3-1680. Debt insurance.

Section 31-3-1690. Relationship with State Fiscal Accountability Authority.

Section 31-3-1810. Housing authorities empowered to provide housing for low income families in rural areas.