PART 2. HOUSING AUTHORITIES [34200. - 34606.]
Part 2 added by Stats. 1951, Ch. 710.
§§ 34200–34606 · 173 sections
CHAPTER 1. Housing Authorities Law §§ 34200–34380 · 141 sections
ARTICLE 1. General Provisions §§ 34200–34219 · 23 sections
- § 34200 This chapter may be cited as the Housing Authorities Law.
- § 34201 It is hereby declared: (a) That there exist in the State insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in…
- § 34202 Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter.
- § 34203 “Authority” means a public corporation created pursuant to this chapter.
- § 34204 “City” means any city or city and county. “County” means any county.
- § 34205 “Governing body” means the city council in the case of a city or the board of supervisors in the case of a county.
- § 34206 “Mayor” means the mayor of the city or the officer charged with the duties customarily imposed on the executive head of the city.
- § 34207 “Clerk” means the clerk of the city or of the county.
- § 34208 “Area of operation,” in the case of a city authority, includes the city and the area within five miles of its territorial boundaries. It does not include any…
- § 34209 “Area of operation,” in the case of a county authority includes all of the county except the area within the territorial boundaries of any city for which an…
- § 34210 “Federal Government” means the United States, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or…
- § 34211 “Slum” means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement, or design, lack of ventilation, light, or…
- § 34212 “Housing project” means any work or undertaking to be financed in whole or in part by the federal government or a state public body or to which the federal…
- § 34213 “Persons of low income” means persons or families whose income does not exceed that permitted by Section 50079.5, or persons or families eligible as…
- § 34213.1 “Construction loan” means a short-term loan secured by real property, made for costs incurred in construction or rehabilitation of a housing project.
- § 34213.5 “Tenant” means a person lawfully residing in rental housing provided by or through an authority, including persons residing in leased housing. A person…
- § 34213.6 “Mortgage loan” means a long-term loan which is secured by a mortgage and is made for permanent financing, including refinancing of existing mortgage…
- § 34214 “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.
- § 34215 “Real property” includes all land, including improvements and fixtures on it, and property of any nature appurtenant to it, or used in connection with it, and…
- § 34216 “Obligee” includes any bondholder, trustee for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any…
- § 34217 A housing authority created pursuant to this part may, without the need to provide written documentation that consent has been obtained from a client, provide…
- § 34218 Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code applies to any housing project constructed under this chapter.…
- § 34219 “Leased housing” includes, but is not limited to, low-rent housing in private accommodations for which the federal government or a state public body extends…
ARTICLE 2. Creation of Housing Authorities §§ 34240–34250 · 13 sections
- § 34240 In each county and city there is a public body corporate and politic known as the housing authority of the county or city. The authority shall not transact any…
- § 34240.1 Notwithstanding the provisions of Section 34240, the governing body of any city or county may, upon declaration by resolution that there is a need for an…
- § 34241 The governing body may make the determination as to whether there is a need for an authority to function upon its own motion or upon the filing of a petition…
- § 34242 The governing body may adopt a resolution declaring that there is need for a housing authority if it finds either of the following: (a) That insanitary or…
- § 34243 In determining whether dwelling accommodations are unsafe or insanitary the governing body may take into consideration: (a) The degree of overcrowding. (b) The…
- § 34244 In any proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority is conclusively deemed to have been…
- § 34245 If, after the lapse of two years after the adoption of the resolution the governing body finds that the authority has failed to transact any business or…
- § 34246 (a) Notwithstanding any other provision of law, the governing bodies of any two or more cities or counties or any combination thereof may by agreement create…
- § 34246.5 (a) The governing bodies party to an agreement entered pursuant to Section 34246 shall jointly appoint a tenant of the area housing authority as commissioner…
- § 34247 The area of operation of an authority created pursuant to Section 34246 shall be the combined possible areas of operation of participating cities and counties,…
- § 34248 (a) If a city or county which enters into an agreement pursuant to Section 34246 has previously established a housing authority, the powers and duties of such…
- § 34249 Nothing in this article shall be interpreted to prohibit agreements between public agencies pursuant to the provisions of Chapter 5 (commencing with Section…
- § 34250 Notwithstanding any other provision of law, a governing body, at the time of the adoption of a resolution pursuant to Section 34240 or 34245 and pursuant to…
ARTICLE 3. Officers and Employees §§ 34270–34286 · 19 sections
- § 34270 When the governing body of a city adopts a resolution declaring the need for an authority, it shall promptly notify the mayor of the adoption. Upon receiving…
- § 34270.1 The provisions of this section apply to an authority in a city and county. Notwithstanding any other provision of law to the contrary, including Section 34272,…
- § 34271 When the governing body of a county adopts such a resolution it shall appoint five persons as commissioners of the authority. The governing body shall appoint…
- § 34271.5 (a) The governing body of a county of the 10th class may appoint two additional commissioners to increase the number of commissioners of an authority which is…
- § 34272 (a) In the case of a commission of five persons, three of the commissioners first appointed shall be designated by the appointing authority to serve for terms…
- § 34273 A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and…
- § 34274 A commissioner shall not be regularly employed by the authority to which he is appointed during his tenure of office, but may receive per diem payment for…
- § 34275 The power of each authority is vested in the commissioners in office from time to time.
- § 34276 In the case of a commission of five persons, three commissioners constitute a quorum of the authority for the purpose of conducting its business and exercising…
- § 34277 The mayor of the city or the governing body of the county shall designate the first chairman from among the commissioners. The authority shall select his…
- § 34278 (a) An authority shall select from among its commissioners a vice chairman. It also may employ a secretary, who shall be executive director, technical experts,…
- § 34279 For the legal services it requires, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff.
- § 34280 An authority may delegate to one or more of its agents or employees the powers or duties it deems proper.
- § 34281 A commissioner or employee of an authority shall not acquire any direct or indirect interest in any housing project or in any property included or planned to…
- § 34282 For inefficiency, neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the county in the case of a county…
- § 34283 The commissioners shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the chairman or by…
- § 34284 The governing body of any city or county may call upon the residents and existing community organizations within the area of jurisdiction of the governing body…
- § 34285 (a) The governing body of a city or county may call upon the residents in a housing project to form a project committee comprised of persons who for at least…
- § 34286 Any tenant shall be eligible for appointment as a tenant commissioner of any authority if such person is a tenant in any housing provided by or through such…
ARTICLE 3.5. Alternative Officers §§ 34290–34293 · 4 sections
- § 34290 (a) As an alternative to the appointment of commissioners of the authority, the governing body of any county or city, at the time of the adoption of a…
- § 34291 A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, by ordinance, create a…
- § 34292 If a housing commission is created as provided in Section 34291, its function shall be to review and make recommendations on all matters to come before the…
- § 34293 A governing body of a county or city which has declared itself to be the commissioners of the authority pursuant to Section 34290 may, at any time by…
ARTICLE 4. Powers and Duties of Housing Authorities §§ 34310–34335 · 44 sections
- § 34310 An authority constitutes a corporate and politic public body, exercising public and essential governmental functions, and having all the powers necessary or…
- § 34311 An authority may: (a) Sue and be sued. (b) Have a seal and alter it. (c) Have perpetual succession. (d) Make and execute contracts and other instruments…
- § 34312 Within its area of operation, an authority may undertake any of the following: (a) Prepare, carry out, acquire, lease, and operate housing projects for persons…
- § 34312.3 (a) Subject to the requirements of this section and of Article 5 (commencing with Section 34350), an authority may do any of the following: (1) Issue revenue…
- § 34312.4 (a) Subject to the requirements of Article 5 (commencing with Section 34350), for purposes of implementing a home financing program an authority has the…
- § 34312.5 (a) An authority may provide leased housing to persons of low income throughout the county in which it operates, except: (1) No commitment to provide leased…
- § 34312.6 The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to multifamily rental housing that receives financial…
- § 34312.7 (a) (1) When refunding revenue bonds for multifamily housing which were previously issued pursuant to Section 34312.3, the authority shall ensure that rental…
- § 34313 Except where there existed on September 15, 1945, contracts for financial assistance between a housing authority and the Federal Government, no low-rent…
- § 34314 An authority may arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in…
- § 34315 An authority may: (a) Lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project, or a…
- § 34315.3 An authority may accept financial or other assistance from any public or private source, and expend any funds so received for the purposes of this chapter and…
- § 34315.5 An authority may transfer real property not needed by the authority to a fire protection district for fire protection purposes without consideration if the…
- § 34315.7 Real property owned by an authority which the authority determines is not required for its foreseeable needs and which is not transferred pursuant to Section…
- § 34316 An authority may: (a) Invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in…
- § 34316.1 The provisions of Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code shall apply to the deposit…
- § 34316.2 An authority may deposit the money of the authority with the county treasurer. The county treasurer shall deposit those funds in the county treasury and…
- § 34316.5 The proceeds of bonds issued pursuant to this part to finance housing as provided in subdivision (d) of Section 34312, Section 34312.3, and subdivision (g) of…
- § 34317 Within its area of operation, an authority may: (a) Investigate into living, dwelling, and housing conditions and into the means and methods of improving such…
- § 34318 Acting through one or more commissioners or other person or persons designated by it, an authority may: (a) Conduct investigations, hear testimony, and take…
- § 34319 An authority may exercise all or any part or combination of powers granted in Sections 34311 to 34318, inclusive.
- § 34320 No law concerning the acquisition, operation, or disposition of property by other public bodies is applicable to an authority unless the Legislature…
- § 34320.5 An authority shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of…
- § 34321 It is declared to be the policy of the State that each authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix…
- § 34322 Except as provided by Section 34312.3, in the operation or management of housing projects, an authority shall: (a) Rent or lease the dwelling accommodations…
- § 34322.2 Each authority shall adopt and promulgate regulations establishing a plan for selection of applicants to assure equal opportunity and nondiscrimination on…
- § 34322.5 No authority shall require occupants of any project to be citizens of the United States, provided, however, that in the event there are insufficient housing…
- § 34323 Nothing contained in Sections 34321 and 34322 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a…
- § 34324 Any two or more authorities may join or co-operate with one another in the exercise either jointly or otherwise, of any or all of their powers for the purpose…
- § 34325 An authority may acquire by eminent domain any real property which it deems necessary for its purposes under this chapter. Real property belonging to the city,…
- § 34326 All housing projects are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the…
- § 34327 An authority may: (a) Borrow money or accept grants or other financial assistance from the federal government for or in aid of any housing project within its…
- § 34327.3 County public housing agencies may apply for, process, and distribute, to the extent that federal funds are available, housing certificates issued pursuant to…
- § 34327.5 Whether or not the type, amount, and manner of expenditure of any funds received by an authority from the Federal Government, or any funds derived from such…
- § 34327.6 All funds of housing authorities not subject to audit by a federal agency shall be audited at least once each year at the expense of the housing authority by a…
- § 34328 At least once a year, an authority shall file with the clerk of the respective city or county and with the Department of Housing and Community Development a…
- § 34328.1 (a) Every housing authority shall file on the first day of October of each year with the Department of Housing and Community Development a complete report of…
- § 34328.2 The mayor or any member of the governing body of the city in the case of a city authority or any member of the governing body of the county in the case of a…
- § 34330 An authority shall have the power to: (a) Assist in relocating in suitable housing accommodations at rentals within their means persons of low income who have…
- § 34331 In the operation or management of housing projects an authority shall not do any of the following: (a) Evict any tenant without reasonable cause and unless the…
- § 34332 An authority shall do all of the following: (a) Expressly covenant in all of its leases and rental agreements to repair the premises to comply with all…
- § 34333 Any attempted waiver in any lease or rental agreement entered into by the authority of any of the rights granted tenants as against the authority by Sections…
- § 34334 No responsibility of a private landlord of leased housing, or duty of a housing authority to impose a responsibility upon a private landlord of leased housing,…
- § 34335 (a) For purposes of this section: (1) “Authority” means the Housing Authority of the County of Alameda. (2) “Family Self-Sufficiency program” means the Family…
ARTICLE 5. Bonds §§ 34350–34375 · 30 sections
- § 34350 An authority shall have the following powers: (a) To issue bonds for any of its corporate purposes. (b) To sell or otherwise dispose of any mortgage loans, in…
- § 34350.2 A housing authority may not issue bonds pursuant to Section 34312.4 unless it has received an allocation of qualified mortgage bonds pursuant to Section 50193,…
- § 34350.5 The exercise of any or all powers granted by this chapter shall be authorized and the bonds shall be authorized to be issued under this chapter for the…
- § 34351 An authority may issue such types of bonds as it determines, including bonds on which the principal and interest are payable: (a) Exclusively from the income…
- § 34352 (a) Any of the bonds may be additionally secured by a pledge of any revenues or a mortgage of any housing project or other property of the authority. (b) Any…
- § 34353 Neither the commissioners of an authority nor any person executing the bonds are liable personally on the bonds or subject to any personal liability or…
- § 34354 By resolution, an authority may authorize the issuance of its bonds which may be taxable or nontaxable. The resolution, its trust indenture, or mortgage may…
- § 34354.5 Notwithstanding Section 34354 or any other provision of law, the rate of interest on any indebtedness or obligation of a housing authority which is payable to…
- § 34355 The bonds may be sold at public or private sale in such manner and upon such terms as may be provided in the resolution authorizing the bonds or by separate…
- § 34356 The bonds shall bear the manual or facsimile signatures of such authority commissioner or officer as may be designated in the resolution authorizing the bonds…
- § 34357 In any proceedings involving the validity or enforceability of any bond or its security, any such bond reciting in substance that it has been issued by the…
- § 34358 In connection with the issuance of bonds or the incurring of obligations in acquiring, developing, or leasing real property and in order to secure the payment…
- § 34359 An authority may: (a) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence.…
- § 34360 An authority may: (a) Covenant against pledging all or part of its rents, fees, and revenues, against mortgaging all or part of its real or personal property,…
- § 34361 An authority may: (a) Covenant as to the rents and fees to be charged in the operation of a housing project, the amount to be raised each year or other period…
- § 34362 An authority may prescribe procedure by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds whose holders are…
- § 34363 An authority may: (a) Covenant as to the use of any or all of its real or personal property. (b) Covenant as to the maintenance of its real and personal…
- § 34364 An authority may: (a) Appoint one or more banks or trust companies within or outside the state having the necessary trust powers as trustee, custodian, or…
- § 34365 An authority may exercise all or any part or combination of the powers granted in Sections 34359 to 34364, inclusive, and make covenants other than the…
- § 34366 Any authority may submit to the Attorney General any bonds to be issued pursuant to this chapter after all proceedings for their issuance have been taken. Upon…
- § 34366.5 An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of…
- § 34367 Subject only to any contractual restrictions binding upon him, an obligee may: (a) By proper proceeding compel the authority and its commissioners, officers,…
- § 34368 By its resolution, trust indenture, mortgage, lease, or other contract an authority may confer upon any obligee holding or representing a specified amount in…
- § 34369 Notwithstanding any restrictions on investments contained in any laws of this state, the state, all public officers, municipal corporations, political…
- § 34370 It is the purpose of Section 34369 to authorize any person, political subdivision, body, or officer, public or private, to use any funds owned or controlled by…
- § 34371 Insofar as the provisions of Sections 34369 and 34370 are inconsistent with the provisions of any other law, the provisions of the sections are controlling.
- § 34372 An authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the…
- § 34373 An authority which has issued bonds pursuant to this chapter or any trustee or custodian on behalf of the authority may invest any funds held by it as provided…
- § 34374 Investments under Section 34373 may include mortgage obligations on single-family dwellings purchased from a state or federally chartered savings and loan…
- § 34375 All moneys received pursuant to the provisions of this chapter, whether revenues or proceeds from the sale of bonds or proceeds of insurance or guarantee…
ARTICLE 5.5. Loans to Tax-Exempt Organizations §§ 34376–34379 · 7 sections
- § 34376 The Legislature hereby finds and declares that it would be beneficial to empower housing authorities to issue tax-exempt revenue bonds for the purpose of…
- § 34377 An authority may issue bonds to provide funds to be loaned by the authority to nonprofit organizations exempt from federal income taxation under Section…
- § 34377.2 (a) Occupancy and rent restrictions with respect to housing acquired pursuant to this article shall either meet the requirements of subparagraphs (A) and (B)…
- § 34377.4 An authority may, in conjunction with the financing of multifamily rental housing pursuant to this article, finance the acquisition of commercial property for…
- § 34377.6 Whenever a complaint is received concerning a violation of the restrictions imposed pursuant to Section 34377.2, the authority shall investigate promptly and…
- § 34378 For the purposes of this article, an authority shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys,…
- § 34379 (a) Bonds issued pursuant to this article shall be repayable solely from payments of principal and interest on account of the loans funded thereby. The agency…
ARTICLE 6. Claims § 34380 · 1 section
- § 34380 All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 1.5. Tax Exemption of Housing Authority Property §§ 34400–34402 · 3 sections
- § 34400 (a) The Legislature has found and declared all of the following in the Housing Authorities Law (Chapter 1 (commencing with Section 34200)) and the Housing…
- § 34401 The property of an authority is exempt from all taxes and special assessments of the State or any city, county, or political subdivision of the State. In lieu…
- § 34402 The bonds of an authority are issued for an essential public and governmental purpose, and, together with interest thereon and income therefrom, are exempt…
CHAPTER 2. Housing Cooperation Law §§ 34500–34521 · 22 sections
- § 34500 This chapter may be cited as the Housing Cooperation Law.
- § 34501 It has been found and declared in the Housing Authorities Law that there exist in the State unsafe and insanitary housing conditions and a shortage of safe and…
- § 34502 The powers conferred by this chapter are supplemental to the powers conferred by any other law.
- § 34503 Unless the context otherwise requires the definitions contained in the following sections govern the construction of this chapter.
- § 34504 “Housing authority” means any housing authority created pursuant to the Housing Authorities Law.
- § 34505 “Housing projects” means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the…
- § 34506 “State public body” means any city, county, borough, commission, district, authority, or other subdivision or public body of the State.
- § 34507 “Governing body” means the council, board of supervisors, board of trustees, or other body having charge of the fiscal affairs of the state public body.
- § 34508 “Federal Government” means the United States, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or…
- § 34509 For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is…
- § 34510 A state public body may dedicate, sell, convey, or lease any of its property to a housing authority or the Federal Government.
- § 34511 A state public body may cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is…
- § 34512 A state public body may furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places…
- § 34513 A state public body may: (a) Plan or replan, zone or rezone any part of its territory. (b) Make exceptions to building regulations and ordinances to the extent…
- § 34514 Any city or city and county also may change its map.
- § 34515 A state public body may enter into agreements with a housing authority or the Federal Government respecting action to be taken by the state public body…
- § 34516 A state public body may do any of the following: (a) Any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking,…
- § 34517 With respect to any housing project which a housing authority has acquired or taken over from the Federal Government and which the housing authority by…
- § 34518 A state public body may incur the entire expense of any public improvements made by it in exercising the powers granted in this chapter. Any law to the…
- § 34519 In connection with any housing project located wholly or partly within the area in which it is authorized to act, any state public body may contract with a…
- § 34520 When any housing authority created for any city or county becomes authorized to transact business and exercise its powers, the governing body of the city or…
- § 34521 The exercise by a state public body of the powers granted in this chapter may be authorized by resolution adopted by a majority of the members of its governing…
CHAPTER 3. Housing Operations Law §§ 34600–34606 · 7 sections
- § 34600 This chapter may be cited as the Housing Operations Law.
- § 34601 The definition and general provisions contained in Sections 34602 to 34606, both inclusive, govern the construction of this chapter, unless the context…
- § 34602 “Owner” means any nonprofit corporation, limited distribution mortgagor, mutual housing corporation, or cooperative or any legal entity or body which is (1)…
- § 34603 “Federal government” means the United States or any agency or instrumentality, corporate or otherwise, of the United States of America.
- § 34604 “Local housing authority” means a housing authority created pursuant to Chapter 1 (commencing with Section 34200), Part 2, Division 24 of this code.
- § 34605 “Housing facility” means any dwelling made available with financing provided through mortgage insurance, direct loan programs, or grants by the federal…
- § 34606 Owners may enter into contracts with local housing authorities whereby the housing authority may provide services to the owners on a nonprofit basis for the…