Bauer v. South Carolina State Housing Authority

246 S.E.2d 869, 271 S.C. 219, 1978 S.C. LEXIS 341
CourtSupreme Court of South Carolina
DecidedAugust 10, 1978
Docket20740
StatusPublished
Cited by34 cases

This text of 246 S.E.2d 869 (Bauer v. South Carolina State Housing Authority) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bauer v. South Carolina State Housing Authority, 246 S.E.2d 869, 271 S.C. 219, 1978 S.C. LEXIS 341 (S.C. 1978).

Opinions

Rhodes, Justice.

At issue in this case is the constitutionality of Act No. 76, Acts and Joint Resolutions of 1977. This Act enlarges and further defines the powers of the South Carolina State Housing Authority, which was created by Act No. 500, Acts and [223]*223Joint Resolutions of 1971. Specifically, the Act under appeal empowers the Authority to engage in a variety of programs designed to provide affordable “sanitary and safe residential housing” for persons and families of low and low to moderate income.

The lower court upheld the constitutionality of the Act. The plaintiff-appellant challenges this determination contending that (1) the Act does not serve a public purpose, (2) it pledges the credit of the State for the benefit of private corporations and individuals in violation of the South Carolina Constitution, (3) it improperly delegates legislative authority, and (4) it violates the equal protection clauses of the Federal and State Constitutions. We affirm the lower court.

I.

The present Act represents the third attempt by the Legislature to enact constitutional legislation designed to alleviate what it has found to be a serious shortage of sanitary and safe residential housing which is affordable by certain segments of South Carolina’s population.

The initial enactment, which was passed in 1974, was declared invalid by this Court in Casey v. State Housing Authority, 264 S. C. 303, 215 S. E. (2d) 184 (1975), on the ground that it constituted a pledge of the State’s credit for the benefit of the private sector in violation of the State Constitution.

A subsequent enactment in 1975 contained a provision that all rules and regulations of the Housing Authority would be null and void unless approved by concurrent resolution of the General Assembly at the session following their promulgation. In Reith v. S. C. State Housing Authority, 267 S. C. 1, 225 S. E. (2d) 847 (1976), this Court held that the concurrent resolution provision, which the lower court had declared unconstitutional, was an essential inducement to the enactment of the 1975 Act and could not be severed. Thus, the enactment was declared invalid.

[224]*224In addition to correcting the infirmities which resulted in the 1974 and 1975 Acts being struck down, the 1977 legislation represents refinements in the previous enactments. However, it does employ the same basic scheme found in the 1974 and 1975 Acts.

The Housing Authority is authorized to issue notes and bonds with the proceeds to be used in a variety of programs to alleviate the shortage of sanitary, safe and affordable living quarters which the Legislature found exists among certain portions of the population. Unlike the previous enactments, which had as their intended beneficiaries only persons and families of moderate to low income, the 1977 Act also includes persons and families of low income as beneficiaries. And, for the first time, a precise definition of the beneficiary classes is contained in the legislation.1

There are five programs authorized by the 1977 Act. They are briefly as follows :

(1) The Loan to Lender Program.

By Section 5(1) (a) the Authority may issue its notes or bonds, the proceeds of which will be then loaned to private mortgage lenders. Such loans will be secured by the collateral prescribed in Section 5(1) (a) and the loans to such mortgage lenders will be made upon the condition that the mortgage lenders in turn use the proceeds to make loans to persons and families of low income and persons and families of moderate to low income as defined in the 1977 Act.

[225]*225(2) The Insured Direct Loan Program.

Under Section 5(1) (b) the Authority will issue its bonds and notes for the purpose of obtaining funds with which to make (i) construction loans secured by mortgages and (ii) permanent mortgage loans to certain housing sponsors 2 if, in each instance, there is in effect a federal or other approved program providing assistance in the repayment of such loans.

(3) The Mortgage Purchase Program.

Under Section 5(1) (c) the Authority will issue its bonds and notes to buy existing federally insured and other mortgages from mortgage lenders who in turn promise the Authority to use the proceeds to make new loans to persons and families of low income and of moderate to low income.

(4) The Construction Loan Program.

Under Section 5(1) (d) the Authority is authorized to make construction loans to housing sponsors when there is in effect a commitment for permanent financing through a federal, federally insured or other insured mortgage.

(5) The Public Rental Project Program.

First provided for under the present Act, this program permits the Authority to acquire, cause to be constructed, and operate public rental projects for persons and families of low income and persons and families of moderate to low income. In addition, Section 7 of the 1977 Act permits the ultimate sale of such rental projects to private housing sponsors upon the condition that the projects continue to be operated for the benefit of the beneficiary classes.

The rationale relied upon to accomplish the intended purpose of the Act is that the Authority will be able to obtain its funds at below-market interest rates with the benefit of these more favorable rates being passed on to the beneficiary classes under each of the programs.

[226]*226The above is a very limited summary of the Art. Other relevant provisions will be discussed below in treating the appellant’s contentions.

II.

As we approach the question of whether the 1977 Housing Authority Act passes constitutional muster, we must keep in mind several fundamental principles of law.

“Our constitution is not a grant of power, but a limitation on what, absent limitations therein, would be a plenary power in the people or their elected representatives. Accordingly, it is not sufficient for us to find that an act is offensive to what may be prevailing notions of the proper sphere for state governments. It is necessary, in order for us to strike down an act of the General Assembly to find that it offends specific provisions of the state constitution which have limited and circumscribed legislative action in that area.” Elliott v. McNair, 250 S. C. 75, 84, 156 S. E. (2d) 421, 426 (1967); accord, Anderson v. Baehr, 265 S. C. 153, 217 S. E. (2d) 43 (1975), and Duke Power Co. v. Bell, 156 S. C. 299, 152 S. E. 865 (1930). “This Court has repeatedly held that all reasonable doubt must be resolved in favor of the constitutionality of an act. If a constitutional construction of a statute is possible, that construction should be followed in lieu of an unconstitutional construction.” Casey v. S. C. State Housing Authority, supra, 264 S. C. at 312-3, 215 S. E. (2d) at 187.

III.

Under her first exception, the appellant asserts that the Act does not serve a public purpose. She contends a public purpose is not effectuated because, with the exception of the Rental Program, the Act provides for private ownership of housing by persons and families of low and moderate income.

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Bluebook (online)
246 S.E.2d 869, 271 S.C. 219, 1978 S.C. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauer-v-south-carolina-state-housing-authority-sc-1978.