11-11-1. Legislative findings.
It is hereby declared:
(1)That there exists within this state a serious shortage of sanitary, decent, and safe residential housing at prices or rentals which people of the state can afford; that this shortage has contributed to and will contribute to the creation and persistence of slums, blight, and substandard housing; that this shortage has been a major contributing factor to the deterioration of the quality of the environment and living conditions of large numbers of persons and families in this state and that this shortage is inimical to the health, welfare, and prosperity of the residents of this state;
(2)That it is imperative that the supply of residential housing for persons and families displaced by public actions or natural disaster be increased;
(3)That individual communities are often unable to meet local housing needs;
(4)That private enterprise and investment have been unable, without assistance, to produce the needed new construction or rehabilitation of sanitary, decent, and safe residential housing and to provide sufficient long-term mortgage financing for this purpose and for the purchase of existing residential housing by persons and families entering the housing market, when it becomes available;
(5)That private enterprise and investment be encouraged both to sponsor land development and build and rehabilitate residential housing and that private financing be supplemented by financing as provided in this chapter for the construction, rehabilitation, and purchase of such housing, in order to help prevent the creation and recurrence of slum conditions and substandard housing and to assist in their permanent elimination throughout South Dakota;
(6)That it is to the economic benefit of the state to encourage the availability of adequate housing for all levels of society;
(7)That there exists within this state a serious shortage of facilities providing for the group care and supervision of children, physically or mentally impaired adults and aged adults for short periods of time as a supplement to regular parental or other care at prices which people of the state can afford; that the shortage of such facilities has hindered job creation and the economic development of the state; that private enterprise and investment have been unable, without assistance, to produce the construction and rehabilitation of such facilities at affordable prices for the people of the state and provide the necessary financing at affordable rates; and that it is to the economic benefit of the state to facilitate such construction, rehabilitation, and financing.
Source: SL 1973, ch 180, §1; SDCL Supp, §28-19-1; SL 1983, ch 106, §4A; SL 1995, ch 80, §7.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 11 - South Dakota Housing Development Authority
Section 11-11-1 - Legislative findings.
Section 11-11-2 - Declaration of necessity for development authority.
Section 11-11-3 - Powers necessary for development authority.
Section 11-11-4 - Declaration of public purposes and public interest.
Section 11-11-5 - Definition of terms.
Section 11-11-6 - Developments and projects subject to chapter.
Section 11-11-7 - Sponsors eligible under chapter.
Section 11-11-9 - Costs covered by chapter.
Section 11-11-10 - Development authority established--Administrator of federal housing program.
Section 11-11-11 - Reporting to Governor's Office of Economic Development.
Section 11-11-12 - Appointment of commissioners--Political affiliations.
Section 11-11-13 - State officers and employees eligible as commissioners.
Section 11-11-15 - Terms of office of commissioners--Vacancy--Restrictions on reappointment.
Section 11-11-17 - Removal of commissioner from office.
Section 11-11-18 - Officers of commissioners.
Section 11-11-19 - Meetings of commissioners--Quorum--Majority required for action.
Section 11-11-20 - Compensation of commissioners.
Section 11-11-21 - Executive director--Appointment and duties--Other personnel.
Section 11-11-23 - Benefits of state employees provided.
Section 11-11-24 - Records maintained by secretary--Certified copies--Publication of resolutions.
Section 11-11-26 - Power to carry out chapter.
Section 11-11-27 - Power to sue and be sued--Seal--Perpetual succession--Office.
Section 11-11-28 - Consolidation of processing for developments and projects.
Section 11-11-29 - Policy favoring private business firms.
Section 11-11-30 - Bylaws, rules, and regulations.
Section 11-11-31 - Research and development.
Section 11-11-33 - Advice and technical assistance to developments, projects and residents.
Section 11-11-34 - Cooperation with federal and other governmental agencies.
Section 11-11-36 - Execution of necessary instruments.
Section 11-11-37 - Acceptance of legislative appropriations--Purposes to which applied.
Section 11-11-38 - Annual informational budget required--Inclusion in Governor's budget report.
Section 11-11-39 - Acceptance of grants and contributions--Purposes to which applied.
Section 11-11-40 - Residual powers of authority.
Section 11-11-41 - Power to borrow and issue evidence of indebtedness.
Section 11-11-42 - Financing, reserves, and incidental costs included in amounts borrowed.
Section 11-11-43 - Issuance of notes and bonds--Purposes for which used.
Section 11-11-45 - Qualified private activity bonds--Maximum aggregate principal amount.
Section 11-11-47 - Authority as state issuing agency and housing credit agency.
Section 11-11-48 - Compliance with federal conditions for qualified mortgage bonds.
Section 11-11-50 - Refunding of notes and bonds.
Section 11-11-53 - Notes and bonds as general obligations of authority--Exception.
Section 11-11-54 - Bond resolution provisions--Contracts with bondholders.
Section 11-11-66 - Pledge binding when made--Attachment of lien.
Section 11-11-67 - Continuing validity of signatures by commissioners or officers.
Section 11-11-69 - Purpose of capital reserve fund requirements.
Section 11-11-70 - Establishment of capital reserve funds--Moneys paid into funds.
Section 11-11-71 - Amount required in capital reserve fund for each year.
Section 11-11-72 - Valuation of securities held by capital reserve funds.
Section 11-11-73 - Transfer to other funds of capital reserve fund income.
Section 11-11-75 - Deposit in reserve fund of bond proceeds necessary to maintain required amount.
Section 11-11-77 - Other funds created by authority.
Section 11-11-78 - Purchase of authority's own bonds--Cancellation--Resale.
Section 11-11-79 - Price of bonds repurchased for cancellation.
Section 11-11-82 - Compliance with certain other state laws not required.
Section 11-11-83 - Appointment of trustee by bondholders after authority default.
Section 11-11-84 - Enforcement of bondholders' rights.
Section 11-11-91 - Circuit court jurisdiction of proceedings by trustee.
Section 11-11-93 - State pledge to bondholders.
Section 11-11-94 - Commissioners and executive director not personally liable.
Section 11-11-95 - Negotiability of bonds.
Section 11-11-96 - Securities regulation--Bonds treated as securities of state instrumentality.
Section 11-11-97 - Bonds as legal investments for financial institutions and fiduciaries.
Section 11-11-97.1 - Authority may contract to manage payment or interest rate risk for bonds.
Section 11-11-98 - Investment of authority funds.
Section 11-11-100 - Acquisition and disposition of property.
Section 11-11-101 - Exemption of authority from taxes, recording fees and transfer taxes.
Section 11-11-102 - Contracts--Mortgage loans--Foreclosure.
Section 11-11-114 - Confidentiality of applications and financial information.
Section 11-11-115 - Applications--Signatures and certification required--Perjury.
Section 11-11-118 - Additional lending powers of authority.
Section 11-11-119 - Purchase of mortgages from mortgage lenders.
Section 11-11-120 - Purchase of securities from mortgage lenders.
Section 11-11-122 - Loans to mortgage lenders for new residential mortgages.
Section 11-11-123 - Requirements for transactions with mortgage lenders.
Section 11-11-134 - Purchase of federally insured housing mortgages.
Section 11-11-135 - Sale or transfer of mortgage loan or obligation.
Section 11-11-137 - Court actions to enforce loans or protect the public interest--Foreclosure.
Section 11-11-138 - Receiver appointed to safeguard authority's loan.
Section 11-11-139 - Reorganization of housing sponsor subject to control by authority.
Section 11-11-148 - Loans restricted to sponsors meeting statutory definition.
Section 11-11-149 - Amount and amortization period of FHA loans.
Section 11-11-150 - Amount and amortization of non-FHA loans.
Section 11-11-152 - Interest rates on which loans made--Additional charges.
Section 11-11-155 - Surety bonds and other assurances of payment and performance.
Section 11-11-161 - Conditions of mortgage loan or other financing.
Section 11-11-163 - Supervision of multifamily residential housing units and day-care facilities.
Section 11-11-180 - General power to make rules and regulations.
Section 11-11-181 - Annual report by authority to Governor and Legislature.
Section 11-11-182 - Annual audit of authority.
Section 11-11-183 - Chapter cumulative and supplemental to other laws.