North Carolina Statutes

Chapter 157 Housing Authorities and Projects

Article 1 - Housing Authorities Law.

  • § 157-1   Title of Article
    This Article may be referred to as the Housing Authorities Law. (1935, c. 456, s. 1.)
  • § 157-2   Finding and declaration of necessity
    (a) It is hereby declared that unsanitary or unsafe dwelling accommodations exist in urban and rural areas throughout the State and that such unsafe or...
  • § 157-3   Definitions
    The following terms, wherever used or referred to in this Article shall have the following respective meanings, unless a different meaning clearly appears from the...
  • § 157-4   Notice, hearing and creation of authority; cancellation of certificate of incorporation
    Any 25 residents of a city and of the area within 10 miles from the territorial boundaries thereof may file a petition with the city...
  • § 157-4.1   Alternative organization
    (a) In lieu of creating a housing authority as authorized herein, the council of any city may, if it deems wise, either designate a redevelopment...
  • § 157-4.2   Authority budgeting and accounting systems as a part of city or county budgeting and accounting systems
    The council of a city or the board of commissioners of a county may by resolution provide that the budgeting and accounting systems of the...
  • § 157-5   Appointment, qualifications and tenure of commissioners
    (a) An authority shall consist of not less than five nor more than eleven commissioners appointed by the mayor and the mayor shall designate the...
  • § 157-6   Duty of authority
    The authority shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this Article and the laws of...
  • § 157-7   Interested commissioners or employees
    No commissioner or employee of an authority shall acquire any interest direct or indirect in any housing project or in any property included or planned...
  • § 157-8   Removal of commissioners
    The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner shall have been given...
  • § 157-9   Powers of authority
    (a) An authority shall constitute a public body and a body corporate and politic, exercising public powers, and having all the powers necessary or convenient...
  • § 157-9.1   Moderate income
    (a) Whenever the words "low income" appear in this Chapter, they shall be construed to mean "low and moderate income." (b) This section applies only...
  • § 157-9.2   Additional powers
    (a) The findings and purposes set forth in the first three paragraphs of G.S. 122A‑2 and in G.S. 122A‑5.4(a) are hereby restated and incorporated herein...
  • § 157-9.3   Mixed income projects owned or operated by authorities
    If an authority is the owner or operator of a housing project that includes units for persons of other than low or moderate income, the...
  • § 157-9.4   Multi-family rental housing projects
    (a) If an authority owns, operates, or provides financial assistance to a multi‑family rental housing project, at least twenty percent (20%) of the units in...
  • § 157-10   Cooperation of authorities
    Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their...
  • § 157-11   Eminent domain
    The authority shall have the right to acquire by eminent domain any real property, including fixtures and improvements, which it may deem necessary to carry...
  • § 157-12   Acquisition of land for government
    The authority may acquire by purchase or by the exercise of its power of eminent domain, as aforesaid, any property real or personal for any...
  • § 157-13   Zoning and building laws
    All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in...
  • § 157-14   Types of bonds authority may issue
    An authority shall have power to issue bonds from time to time in its discretion for any of its corporate purposes. An authority shall also...
  • § 157-15   Form and sale of bonds
    The bonds of the authority shall be authorized by its resolution and shall be issued in one or more series and shall bear such date...
  • § 157-16   Provisions of bonds, trust indentures, and mortgages
    In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such...
  • § 157-17   Power to mortgage when project financed with governmental aid
    In connection with the interim or permanent financing of any project to be permanently financed in whole or in part by a government, or the...
  • § 157-17.1   Approval of mortgages by Local Government Commission; considerations; rules and regulations
    (a) With the exception of mortgages under G.S. 157‑17, no housing authority may execute any mortgage authorized by this Chapter without the approval of the...
  • § 157-18   Remedies of an obligee of authority
    An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee subject only to...
  • § 157-19   Additional remedies conferrable by mortgage or trust indenture
    Any authority shall have power by its trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount...
  • § 157-20   Remedies cumulative
    All the rights and remedies hereinabove conferred shall be cumulative and in addition to all other rights and remedies that may be conferred upon such...
  • § 157-21   Limitations on remedies of obligee
    All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution shall issue against the same....
  • § 157-22   Title obtained at foreclosure sale subject to agreement with government
    Notwithstanding anything in this Article to the contrary, any purchaser or purchasers at a sale of real or personal property of the authority whether pursuant...
  • § 157-23   Contracts with federal government
    In addition to the powers conferred upon the authority by other provisions of this Article, the authority is empowered to borrow money and/or accept grants...
  • § 157-24   Security for funds deposited by authorities
    The authority may by resolution provide that (1) All moneys deposited by it shall be secured by obligations of the United States or of the...
  • § 157-25   Housing bonds, legal investments and security
    The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan...
  • § 157-26   Tax exemptions
    An authority is a local government agency and is exempt from taxation to the same extent as a unit of local government. Property owned by...
  • § 157-26.1   Exemption from real estate licensure requirements
    The authority and the regular salaried employees of the authority shall be exempt from the requirements of Chapter 93A of the General Statutes as provided...
  • § 157-27   Reports
    The authority shall at least once a year file with the mayor of the city a report of its activities for the preceding year, and...
  • § 157-28   Restriction on right of eminent domain; right of appeal preserved; investigation by Utilities Commission
    Notwithstanding any finding of public convenience and necessity, either in general or specific, by the terms of this Article, the right of eminent domain shall...
  • § 157-29   Rentals; tenant selections; and summary ejectments
    (a) It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an...
  • § 157-29.1   Fraudulent misrepresentation
    (a) Any person whether provider or recipient, or person representing himself as such, who willfully and knowingly and with intent to deceive makes a false...
  • § 157-30   Creation and establishment validated
    The creation and establishment of housing authorities under the provisions of Chapter 456, Public Laws of 1935, as amended by Chapter 2, Public Laws of...
  • § 157-31   Contracts, agreements, etc., validated
    All contracts, agreements, obligations and undertakings of such housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance or operation...
  • § 157-32   Proceedings for issuance, etc., of bonds and notes validated
    All proceedings, acts and things heretofore undertaken, performed or done in or for the authorization, issuance, execution and delivery of notes and bonds by housing...
  • § 157-32.1   Other validation of creation, etc
    The creation, establishment and organization of housing authorities under the provisions of the Housing Authorities Law (Chapter 456, Public Laws of 1935, as amended, codified...
  • § 157-32.2   Other validation of contracts, agreements, etc
    All contracts, agreements and undertakings of such housing authorities heretofore entered into relating to financing, or aiding in the development or operation of any housing...
  • § 157-32.3   Other validation of bonds and notes
    All proceedings, acts and things heretofore undertaken or done in or for the authorization, issuance, execution and delivery of notes and bonds by housing authorities...
  • § 157-32.4   Further validation of contracts, agreements, etc
    All contracts or agreements of housing authorities heretofore entered into with the federal government or its agencies, and with municipalities or others relating to financial...
  • § 157-33   Notice, hearing and creation of authority for a county
    Any 25 residents of a county may file a petition with the clerk of the board of county commissioners setting forth that there is a...
  • § 157-34   Commissioners and powers of authority for a county
    The commissioners of a housing authority created for a county may be appointed and removed by the board of county commissioners of the county in...
  • § 157-35   Creation of regional housing authority
    If the board of county commissioners of each of two or more contiguous counties having an aggregate population of more than 60,000 by resolution declares...
  • § 157-36   Commissioners of regional housing authority
    (a) The board of county commissioners of each county included in a regional housing authority shall appoint one person as a commissioner of such authority,...
  • § 157-37   Powers of regional housing authority
    Except as otherwise provided herein, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have...
  • § 157-38   Rural housing projects
    Housing authorities created for counties and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to...
  • § 157-39   Housing applications by farmers
    The owner of any farm operated, or worked upon, by farmers of low income in need of safe and sanitary housing may file an application...
  • § 157-39.1   Area of operation of city, county and regional housing authorities
    (a) The boundaries or area of operation of a housing authority created for a city shall include said city and the area within 10 miles...
  • § 157-39.2   Increasing area of operation of regional housing authority
    The area of operation or boundaries of a regional housing authority shall be increased from time to time to include one or more additional contiguous...
  • § 157-39.3   Decreasing area of operation of regional housing authority
    The area of operation or boundaries of a regional housing authority shall be decreased from time to time to exclude one or more counties from...
  • § 157-39.4   Requirements of public hearings
    The board of county commissioners of a county shall not adopt any resolution authorized by G.S. 157‑35, 157‑39.1, 157‑39.2 or 157‑39.3 unless a public hearing...
  • § 157-39.5   Consolidated housing authority
    If the governing body of each of two or more municipalities (with a population of less than 500, but having an aggregate population of more...
  • § 157-39.6   Findings required for authority to operate in municipality
    No governing body of a city or other municipality shall adopt a resolution as provided in G.S. 157‑39.1 declaring that there is a need for...
  • § 157-39.7   Meetings and residence of commissioners
    Nothing contained in this Housing Authorities Law shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries...
  • § 157-39.8   Agreement to sell as security for obligations to federal government
    In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the...

Article 2 - Municipal Cooperation and Aid.

Article 3 - Eminent Domain.

  • § 157-48   Finding and declaration of necessity
    It is hereby declared that insanitary or unsafe dwelling accommodations exist in various areas of the State and that consequently many persons of low income...
  • § 157-49   Housing project
    The term "housing project" whenever used in this Article shall mean any undertaking (i) to demolish, clear, remove, alter or repair unsafe or insanitary housing...
  • § 157-50   Eminent domain for housing projects
    Any corporation which is an agency of the United States of America shall have the right to acquire by eminent domain any real property, including...
  • § 157-51   Repealed by Session Laws 1983, c. 149

Article 4 - National Defense Housing Projects.

Article 5 - Indian Housing Authority.