§ 23-11-01 — Definitions

In this chapter, unless the context or subject matter otherwise requires:
1. "Area of operation" includes:
a. In the case of a housing authority of a city having a population of less than fifteen
thousand inhabitants, the city and the area within five miles [8.05 kilometers] of
the territorial boundaries of the city, but does not include any area that is within
the territorial boundaries of another city.
b. In the case of a housing authority of a city having a population of fifteen thousand
inhabitants or more, the city and an area within ten miles [16.10 kilometers] of the
territorial boundaries of the city, but does not include any area that is within the
territorial boundaries of another city.
c. In the case of a housing authority of a county, all of the county except that portion
that is within the territorial boundaries of any city.
2. "Auditor" means the city auditor or the county auditor, as appropriate.
3. "Authority" or "housing authority" means any of the public corporations created by
section 23-11-02.
4. "Bonds" means any bonds, notes, certificates, debentures, or other obligations issued
by an authority under this chapter.
5. "City" means any city having a population of more than five thousand inhabitants
according to the last federal census and "the city" means the particular city for which a
particular housing authority is created, except that it does not mean a city that has
agreed to or will so elect to participate in a county housing authority pursuant to
section 54-40-08, provided that any city with less than five thousand population which
has an activated city housing authority prior to July 1, 1971, or a city with less than five
thousand population which has determined a shortage of safe or sanitary dwelling
accommodations in the city pursuant to section 23-11-03, must be included within this
definition.
6. "County" means any county in this state and "the county" means the particular county
for which a particular housing authority is created.
7. "Federal government" includes the United States of America and any agency or
instrumentality, corporate or otherwise, of the United States of America.
8. "Governing body" means, in the case of a city, the city council or the board of city
commissioners, as appropriate, and in the case of a county, the board of county
commissioners.
9. "Housing project" may be applied to the planning of the buildings and improvements,
the acquisition of property, the demolition of existing structures, the construction,
reconstruction, alteration, and repair of the improvements, and all other work in
connection with the same and means any work or undertaking:
a. To demolish, clear, or remove buildings from any slum area, and the work or
undertaking may embrace the adaption of the area to public purposes, including
parks or other recreational or community purposes;
b. To provide or assist in providing decent, safe, and sanitary urban or rural housing
dwellings, apartments, or other living accommodations and related facilities for
persons of low or moderate income in need of housing, including single-family
and multifamily residential units designed and financed under this chapter. This
work or undertaking may include the planning of buildings and improvements,
land, equipment, facilities, and the acquisition of real or personal property that
may be needed immediately or in the future for housing purposes, the
construction, reconstruction, alteration and repair of new or existing buildings,
and the provisions of all equipment, facilities, and other real or personal property
for necessary, convenient, or desirable appurtenances, streets, sewers, water
service, parks, site preparations, landscaping, gardening, administrative,
community, health, recreational, educational, welfare, or other purposes; or

c. To accomplish a combination of any of the foregoing projects.
10. "Mayor" means the mayor of the city or the president of the board of city
commissioners, as appropriate.
11. "Obligee of the authority" or "obligee" includes any bondholder, trustee for any
bondholders, or lessor demising to the authority property used in connection with a
housing project, or any assignee of a lessor's interest, or of any part of an interest, and
the federal government when it is a party to any contract with the authority.
12. "Persons of low income" means individuals or families who lack the amount of income
which is necessary, as determined by the authority undertaking the housing project, to
enable them, without financial assistance, to live in decent, safe, and sanitary
dwellings without overcrowding.
13. "Persons of moderate income" means individuals or families whose income is not
adequate without governmental assistance to cause private enterprise to provide a
substantial supply of decent, safe, and sanitary housing at rents or prices within their
financial means.
14. "Real property" includes land, including improvements and fixtures on the land and
property of any nature appurtenant to the land or used in connection with the land, and
every estate, interest, and right, legal or equitable, in the land, including terms for
years and liens by way of judgment, mortgage, or otherwise and the indebtedness
secured by the liens.
15. "Slum" means any area where dwellings predominate which by reason of dilapidation,
overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary
facilities, or by reason of any combination of these factors are detrimental to safety,
health, and morals.