§ 157-9. Powers of authority. - North Carolina Statutes

§ 157‑9.  Powers ofauthority.

(a)        An authority shallconstitute a public body and a body corporate and politic, exercising publicpowers, and having all the powers necessary or convenient to carry out andeffectuate the purposes and provisions of this Article, including the followingpowers in addition to others herein granted:

To investigate into living,dwelling and housing conditions and into the means and methods of improvingsuch conditions; to determine where unsafe, or insanitary dwelling or housingconditions exist; to study and make recommendations concerning the plan of anycity or municipality located within its boundaries in relation to the problemof clearing, replanning and reconstruction of areas in which unsafe orinsanitary dwelling or housing conditions exist, and the providing of dwellingaccommodations for persons of low income, and to cooperate with any citymunicipal or regional planning agency; to prepare, carry out and operatehousing projects; to approve, assist, and cooperate with, as itsinstrumentality, a nonprofit corporation in providing financing by the issuanceby such nonprofit corporation's obligations (which obligations shall not be orbe deemed to be indebtedness of a housing authority) for one or more housingprojects, pursuant to the United States Housing Act of 1937, as amended, andapplicable regulations thereunder, specifically including, but not limited to,programs to make construction and other loans to developers or owners ofresidential housing, and to acquire, operate or manage such a housing project,and to administer federal housing assistance subsidy payments for suchprojects; to provide for the construction, reconstruction, improvement,alteration or repair of any housing project or any part thereof; to take overby purchase, lease or otherwise any housing project located within itsboundaries undertaken by any government, or by any city or municipality locatedin whole or in part within its boundaries; to manage as agent of any city ormunicipality located in whole or in part within its boundaries any housingproject constructed or owned by such city; to act as agent for the federalgovernment in connection with the acquisition, construction, operation and/ormanagement of a housing project or any part thereof; to arrange with any cityor municipality located in whole or in part within its boundaries or with agovernment for the furnishing, planning, replanning, installing, opening orclosing of streets, roads, roadways, alleys, sidewalks or other places or facilitiesor for the acquisition by such city, municipality, or government of property,options or property rights or for the furnishing of property or services inconnection with a project; to arrange with the State, its subdivisions andagencies, and any county, city or municipality of the State, to the extent thatit is within the scope of each of their respective functions, (i) to cause theservices customarily provided by each of them to be rendered for the benefit ofsuch housing authority and/or the occupants of any housing projects and (ii) toprovide and maintain parks and sewage, water and other facilities adjacent toor in connection with housing projects and (iii) to change the city ormunicipality map, to plan, replan, zone or rezone any part of the city ormunicipality; to lease or rent any of the dwelling or other accommodations orany of the lands, buildings, structures or facilities embraced in any housingproject and to establish and revise the rents or charges therefor; to enterupon any building or property in order to conduct investigations or to makesurveys or soundings; to purchase, lease, obtain options upon, acquire by gift,grant, bequest, devise, or otherwise any property real or personal or anyinterest therein from any person, firm, corporation, city, municipality, orgovernment; to acquire by eminent domain any real property, includingimprovements and fixtures thereon; to sell, exchange, transfer, assign, orpledge any property real or personal or any interest therein to any person,firm, corporation, municipality, city, or government; to own, hold, clear andimprove property; to insure or provide for the insurance of the property oroperations of the authority against such risks as the authority may deemadvisable; to procure insurance or guarantees from a federal government of thepayment of any debts or parts thereof secured by mortgages made or held by theauthority on any property included in any housing project; to borrow money uponits bonds, notes, debentures or other evidences of indebtedness and to securethe same by pledges of its revenues, and by mortgages upon property held or tobe held by it, or in any other manner; in connection with any loan, to agree tolimitations upon its right to dispose of any housing project or part thereof orto undertake additional housing projects; in connection with any loan by agovernment, to agree to limitations upon the exercise of any powers conferredupon the authority by this Article; to invest any funds held in reserves orsinking funds, or any funds not required for immediate disbursement, inproperty or securities in which savings banks may legally invest funds subjectto their control; to sue and be sued; to have a seal and to alter the same atpleasure; to have perpetual succession; to make and execute contracts and otherinstruments necessary or convenient to the exercise of the powers of theauthority; to make and from time to time amend and repeal bylaws, rules andregulations not inconsistent with this Article, to carry into effect the powersand purposes of the authority; to conduct examinations and investigations andto hear testimony and take proof under oath at public or private hearings onany matter material for its information; to issue subpoenas requiring theattendance of witnesses or the production of books and papers and to issuecommissions for the examination of witnesses who are out of the State or unableto attend before the authority, or excused from attendance; and to makeavailable to such agencies, boards or commissions as are charged with the dutyof abating or requiring the correction of nuisances or like conditions, or ofdemolishing unsafe or insanitary structures within its territorial limits, itsfindings and recommendations with regard to any building or property whereconditions exist which are dangerous to the public health, morals, safety orwelfare. Any of the investigations or examinations provided for in this Articlemay be conducted by the authority or by a committee appointed by it, consistingof one or more commissioners, or by counsel, or by an officer or employeespecially authorized by the authority to conduct it. Any commissioner, counselfor the authority, or any person designated by it to conduct an investigationor examination shall have power to administer oaths, take affidavits and issuesubpoenas or commissions. An authority may exercise any or all of the powersherein conferred upon it, either generally or with respect to any specifichousing project or projects, through or by an agent or agents which it maydesignate, including any corporation or corporations which are or shall beformed under the laws of this State, and for such purposes an authority maycause one or more corporations to be formed under the laws of this State or mayacquire the capital stock of any corporation or corporations. Any corporateagent, (i) all of the stock of which shall be owned by the authority or itsnominee or nominees or (ii) the board of directors of which shall be elected orappointed by the authority or is composed of the commissioners of the authorityor (iii) which is otherwise subject to the control of the authority or thegovernmental entity which created the authority, may to the extent permitted bylaw exercise any of the powers conferred upon the authority herein. In additionto all of the other powers herein conferred upon it, an authority may do allthings necessary and convenient to carry out the powers expressly given in thisArticle. No provisions with respect to the acquisition, operation or dispositionof property by other public bodies shall be applicable to an authority unlessthe legislature shall specifically so state.

(b)        Notwithstandinganything to the contrary contained in this Article or in any other provision oflaw an authority may include in any contract let in connection with a project,stipulations requiring that the contractor and any subcontractors comply withrequirements as to minimum wages and maximum hours of labor, and comply withany conditions which the federal government may have attached to its financialaid of the project.

(c)        To the extent notinconsistent with the Constitution or statutes of this State or the UnitedStates, an authority may adopt and enforce rules governing the lawful entry ofguests and visitors to its properties, including the visitors and guests of itstenants. Prior to adopting such rules, an authority shall make reasonableefforts to consult with or obtain comments from its tenants or theirrepresentatives. Persons who enter or remain on the property of an authority inviolation of such rules shall be subject to prosecution as applicable underG.S. 14‑159.12 or G.S. 14‑159.13.

(d)        A housing authorityshall not erect or maintain around any lawfully occupied housing units anyfence or gate structure that is electrified or that includes spikes or barbedwire. (1935, c.456, s. 9; 1939, c. 150; 1977, c. 784, s. 1; 1979, c. 690, s. 1; c. 805; 1995,c. 520, s. 2; 2004‑199, s. 40.)