§ 36-7-18-4 — Housing authorities; establishment; procedure

(a) A unit may establish a housing authority if
the fiscal body of the unit, by resolution, declares that there is a need
for an authority in the unit.
(b) The determination as to whether or not there is a need for an
authority may be made by the fiscal body:
(1) on its own motion;
(2) on the filing of a petition signed by twenty-five (25) residents
of the unit and stating that there is a need for an authority in the
unit; or
(3) on receipt of an order from the division of family resources.
(c) A resolution may be passed under this section only after a public
hearing. Notice of the time, place, and purpose of the hearing must be
given by the fiscal body by publication in accordance with IC 5-3-1.
(d) The fiscal body of a unit may adopt a resolution declaring that
there is need for a housing authority in the unit if it finds that:
(1) unsanitary or unsafe dwelling accommodations are inhabited
in the unit; or
(2) there is a shortage of safe or sanitary dwelling
accommodations available in the unit for persons of low income
at rentals they can afford.
In determining whether dwelling accommodations are unsafe or
unsanitary, the fiscal body may consider the degree of overcrowding,
the percentage of land coverage, the light, air, space, and access
available to inhabitants, the size and arrangement of the rooms, the
sanitary facilities, and the extent to which conditions in the buildings
endanger life or property by fire or other causes.
(e) In any proceeding involving any contract of a housing authority,
the authority shall be conclusively presumed to have become
established and authorized to transact business and exercise its powers
under this chapter on proof of the adoption of a resolution by the fiscal
body declaring the need for the authority. The resolution is sufficient
if it declares that there is a need for an authority and finds that either or
both of the conditions listed in subsection (d) exist in the unit. A copy
of the resolution certified by the clerk of the fiscal body is admissible
in evidence in any proceeding.
[Pre-Local Government Recodification Citation: 18-7-11-4
part.]
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts
1981, P.L.45, SEC.32; P.L.41-1987, SEC.21; P.L.2-1992, SEC.891;
P.L.4-1993, SEC.329; P.L.5-1993, SEC.337; P.L.24-1997, SEC.65;
P.L.145-2006, SEC.375.