(a) An authority shall constitute a public body and a body corporate and politic exercising public powers and shall have all the powers necessary or convenient to carry out and effectuate the purposes of this article, including the following powers in addition to others granted in this article:
(1) To investigate living, dwelling, or housing conditions and the means and methods of improving conditions.
(2) To determine where unsafe or unsanitary dwelling, public school, or housing conditions exist.
(3) To study and make recommendations concerning the plan of the county related to the problem of clearing, replanning, and reconstruction of areas in which unsafe or unsanitary dwelling, public school, or housing conditions exist; the provision of dwelling accommodations for persons of low income; or cooperation with the county or any regional planning agency.
(4) To prepare, carry out, or operate housing projects.
(5) To provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part of a housing project.
(6) To take over by purchase, lease, or otherwise any housing project undertaken by any government or by the county.
(7) To manage as agent of the county any housing project constructed or owned by the county; however, an authority shall not be deemed to be acting as an agent of the county when managing a housing project not constructed or owned by the county or when managing any community facility or mixed-use project.
(8) To act as agent for the federal government in connection with the acquisition, construction, operation, or management of a housing project or any part of a housing project.
(9) To arrange with any municipality or the county or with any other government for: (i) the furnishing, planning, replanning, or opening, or closing of streets, roads, roadways, alleys, places, or facilities; (ii) the acquisition by the county or another government of property, options or property rights; or (iii) the furnishing of property or services in connection with a project.
(10) To lease or rent any of the dwellings, other accommodations, lands, buildings, structures, or facilities embraced in any housing project or community facility and to establish or revise rents or charges.
(11) To enter any building or property in order to conduct investigations or to make surveys or soundings.
(12) To purchase, lease, obtain options upon, acquire by eminent domain, gift, grant, bequest, or devise any property, real or personal, or any interest in property from any entity.
(13) To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest in property to any entity.
(14) To own, hold, clear, or improve property.
(15) To insure or provide for the insurance of the property or operations of the authority against risks as the authority may deem advisable.
(16) To procure insurance or guarantees from the federal government of the payment of any debts, or parts of debts secured by mortgages made or held by the authority on any property included in any housing project.
(17) To borrow money upon its bonds, notes, warrants, debentures, or other evidences of indebtedness and to secure the same by pledges of its revenues, and, subject to the limitations imposed by this article, by mortgages upon property held or to be held by it, or in any other manner.
(18) In connection with any loan, to agree to limitations upon its right to dispose of any housing project, or part of a housing project, or to undertake additional housing projects.
(19) In connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this article.
(20) To invest any funds held in reserves, sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
(21) To sue and be sued.
(22) To have a seal and to alter the seal.
(23) To have perpetual succession.
(24) To make and execute contracts or other instruments necessary or convenient to the exercise of the powers of the authority.
(25) To make, amend, or repeal bylaws, rules, or regulations not inconsistent with this article to carry into effect the powers or purposes of the authority.
(26) To conduct examinations or investigations, to hear testimony, or to take proof under oath, at public or private hearings, on any matter material for its information.
(27) To issue subpoenas requiring the attendance of witnesses or the production of books or papers, and to issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority or excused from attendance.
(28) To make available to any agencies, boards, or commissions charged with the duty of abating nuisances or demolishing unsafe or unsanitary structures within the authority’s territorial limits its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare.
(29) To operate, lease, convey, or otherwise manage any housing project, community facility, or mixed-use project upon terms the authority deems appropriate, useful, or expedient, regardless of who owns or will own or acquire the project or facility.
(30) To participate in any lawful form of business organization that is involved in the development or operational activities of any buildings, structures, facilities, or other improvements constituting a housing project, community facility, or mixed-use project that the board of directors of the authority determines are appropriate, useful, or expedient to the authority’s purposes. An authority may appoint an individual to a governing body or to enter into a contract or other agreement with another party for the development, operation, design, marketing, maintenance, financing, leasing, or use of any housing project, community facility, or mixed-use project upon terms the authority’s board of directors determines are appropriate, useful, or expedient to the authority’s purposes. Any determination by the board of directors shall be conclusive. A business organization, affiliate, or subsidiary not wholly owned by the authority or a partnership entered into or created by the authority with a private business entity shall not have the power of eminent domain.
(31) To make or arrange for loans, contributions to capital, or other debt or equity financing for the activities of any lawful business organization of which the authority is a member; to guarantee loans, issue bonds, or incur other forms of indebtedness on behalf of any lawful business organization of which the authority is a member; or to loan funds to other entities upon terms the authority determines are appropriate, useful, or expedient for the authority’s purposes. Any determination by the board of directors shall be conclusive. Any agreements or contracts entered into by an authority shall be subject to Section 24-1-40.
(32) To create, establish, acquire, operate, or support for profit or nonprofit subsidiaries or affiliates to assist the authority in fulfilling its purposes.
(33) To create, establish, or support other nonaffiliated lawful business organizations that further the authority’s purposes.
(34) To accomplish or facilitate the creation, establishment, acquisition, development, operation, or support of any subsidiary, affiliate, or other nonaffiliated lawful business organization by means of loans of funds, leases of real or personal property, gifts or grants of funds, or guarantees of indebtedness, or contractual performance of subsidiaries, affiliates, or nonaffiliated public or private parties.
(35) To enter contracts, agreements, or understandings with any other party, including, but not limited to, any of the following:
a. Design-build, design-build-operate, design-build-own-operate, design-build-own-operate-maintain, design-build-finance-operate-maintain, or other similar arrangements or agreements pursuant to which the design, right-of-way acquisition, relocation of structures or utilities, construction, financing, ownership, management, maintenance, or operation of a housing project or community facility is accomplished by or on behalf of the authority. To the extent that an authority is using any state or local public funds to pay for goods or services in connection with this paragraph, the authority shall comply with Title 39 as applicable.
b. Leases, licenses, franchises, concessions, or other agreements for the development, operation, management, financing, or undertaking of all or any part of a housing project or community facility on or on behalf of the authority.
(36) To do all things necessary or convenient to carry out the powers given in this article.
(b) Any of the investigations or examinations provided for in this article may be conducted by the authority; by a committee appointed by the authority consisting of one or more housing commissioners; by counsel; or by an officer or employee specifically authorized by the authority. Any housing commissioner, counsel, or other person designated by the authority to conduct an investigation or examination may administer oaths, take affidavits, or issue subpoenas or commissions.
(c)(1) An authority may exercise all of the powers conferred upon it in this article, either generally or with respect to any specific housing project or community facility, through or by an agent or agents which it may designate, including any lawful form of business organization that is or may be formed under the laws of this state, and for such purposes an authority may cause any lawful form of business organization to be formed under the laws of this state or may acquire equity interest in any lawful form of business organization.
(2) Any corporate agent that is solely owned by the authority or its nominee or nominees, to the extent permitted by law, may exercise any of the powers conferred upon the authority in this article.
(3) Any corporate agent established under this section which satisfies each of the following criteria shall constitute a governmental entity under Chapter 93 of Title 11, and any suits in torts against the agent shall be subject to the limitations and provisions of Chapter 93 of Title 11, as applicable to each corporate agent whose assets, operations, and management are legally and effectively controlled by the housing authority and through which the housing authority’s functions or policies are implemented:
a. The housing authority’s board of commissioners constitutes all of the board of directors of the corporate agent.
b. The housing authority’s executive director serves as the president of the corporate agent.
c. The organizational documents of the corporate agent contain provisions that in the event of a change in the controlling interests of the corporate agent, all public housing assets of the corporate agent are returned to the housing authority.
d. The sole purpose for which the corporate agent is formed and authorized is to develop, own, manage, operate, or maintain the housing authority’s real property that serves as dwelling accommodations for persons of low income or as a community facility, including any real property the housing authority transfers to the corporate agent for the aforementioned purpose.
(d) In addition to all of the other powers conferred upon it in this section, an authority may do all things necessary and convenient to carry out the powers expressly given in this article. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority, unless specifically provided by law.
(e) Any previous creation, establishment, incorporation, or formation by any authority of any business entity wholly owned by the authority, together with all proceedings, acts, or other things undertaken, performed, or done by the entity prior to June 1, 2025, are validated, ratified, confirmed, approved, and declared legal in all respects.
(f) To the extent that an authority is using any state or local funds, evaluation criteria for a contract procured pursuant to this section shall be made in compliance with Title 39 as applicable.
(g) All financial obligations assumed, incurred, or issued by an authority, or by a lawful business organization of which the authority is a member, shall be solely and exclusively an obligation of the authority or the lawful business organization and shall not create a direct, indirect, or contingent obligation or pecuniary liability or general obligation, or charge against the general assets, credit, funds, property, revenues, or taxing power of the county that authorized the formation of the authority.
(h) Neither a county commission that authorized the formation of a county housing authority nor the county commission’s members or employees shall be liable in their official capacity or in a private capacity for the actions or inactions of the authority, its members, officers, employees, agents, or representatives, or for the actions or inactions of any lawful business organization of which the authority is a member.