reglab/housing_qa huggingface dataset:
31 DE Code § 4301. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4301. Definitions.

§ 4301. Definitions. As used in this chapter, unless a different meaning appears from the context:  (1) “Area” or “area of operation” means the county or part of the county in and with respect to which an authority shall be created. (2) “Authority” or “housing authority” means a corporate body organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter. (3) “Bureau” means the State Bureau of Housing. (4) “Commissioner” means 1 of the members of an authority appointed in accordance with the provisions of this chapter. (5) “Community facilities” includes lands, buildings and equipment for recreation or social assembly, for educational, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed and operated under this chapter. (6) “DSHA” means the Delaware State Housing Authority. (7) “Government” includes the state and federal governments, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. (8) “Housing project” or “project” means any work or undertaking:  a. To demolish, clear or remove buildings from any slum area acquired by the authority; b. To provide decent safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment facilities, and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, community, health, recreational, welfare or other purposes; or c. To accomplish a combination of the foregoing. The term “housing project” or “project” also 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 therewith; and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. (9) “Persons of low income” means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking a project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. (10) “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 any combination of these factors, are detrimental to safety, health and morals.39 Del. Laws, c. 16, §  2;  Code 1935, §  5454;  48 Del. Laws, c. 117, §§  1, 2;  31 Del. C. 1953, §  4301;  52 Del. Laws, c. 126, §  1;  56 Del. Laws, c. 293, §  2;  57 Del. Laws, c. 679, §  5A;  71 Del. Laws, c. 357, §  7;
31 DE Code § 4302. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4302. Legislative purpose.

§ 4302. Legislative purpose. It is as a matter of legislative determination that, in order to promote and protect the health, safety, morals and welfare of the public, it is necessary in the public interest to provide for the creation of public corporate bodies to be known as housing authorities, and to confer upon and vest in such housing authorities all powers necessary or appropriate in order that they may engage in low-rent housing and slum clearance projects, and that the powers herein conferred upon the housing authorities, including the power to acquire property, to remove unsanitary or substandard conditions, to construct and operate housing accommodations and to borrow, expend and repay moneys for the purposes set forth in this chapter are public objects essential to the public interest. 39 Del. Laws, c. 16, §  3;  Code 1935, §  5455;  31 Del. C. 1953, §  4302;
31 DE Code § 4304. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4304. Wilmington Housing Authority.

§ 4304. Wilmington Housing Authority. The Wilmington Housing Authority shall consist of 9 commissioners, 7 of whom shall be appointed by the Mayor of the City of Wilmington, 1 of whom shall be appointed by the Governor and 1 of whom shall be appointed by the County Executive of New Castle County. Each commissioner shall serve for a term of 3 years unless replaced before 3 years by an interim commissioner. No more than 5 commissioners or interim commissioners shall be of the same political party. Notwithstanding any provisions of this chapter to the contrary, a Wilmington Housing Authority commissioner or interim commissioner shall serve at the pleasure of the person who appointed that commissioner or interim commissioner, and may be removed, with or without cause, by the appointing person. In the event of death, disability, resignation, or removal of a commissioner or interim commissioner before the expiration of that commissioner's or interim commissioner's term, the appointing person may appoint an interim commissioner to complete the term. 31 Del. C. 1953, §  4303A;  58 Del. Laws, c. 139;  59 Del. Laws, c. 323, §  1;  64 Del. Laws, c. 390, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 9, §  1;
31 DE Code § 4304A. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4304A. Newark Housing Authority.

§ 4304A. Newark Housing Authority. The Newark Housing Authority shall consist of 7 commissioners, 4 of whom shall be appointed by the Mayor of the City of Newark, and 3 of whom shall be appointed by the Governor. Each commissioner shall serve for a term of 3 years unless replaced by an interim commissioner before the expiration of the 3-year term. A Newark Housing Authority commissioner or interim commissioner shall serve at the pleasure of the person who appointed the commissioner or interim commissioner, and may be suspended or removed by the appointing authority for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A commissioner may appeal any suspension or removal to the Superior Court by filing an appeal within 30 days of the suspension or removal decision. A commissioner who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty. In the event of the death, disability, resignation, or removal of a commissioner or interim commissioner before the expiration of the commissioner's or interim commissioner's term, the appointing authority may appoint an interim commissioner to complete the term. 77 Del. Laws, c. 340, §  2;
31 DE Code § 4305. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4305. Interest of authority member or employee in projects.

§ 4305. Interest of authority member or employee in projects. No member or employee of an authority shall acquire any interest, direct or indirect, in a project or in any property then or thereafter included or planned to be included in a project, nor retain any interest direct or indirect in any property acquired subsequently to the member's or employee's appointment or employment which is later included or to the member's or employee's knowledge planned to be included in a project, nor shall the member or employee have any interest, direct or indirect, in any contract or proposed contract for materials or services to by furnished or used in connection with any project. If any member or employee of an authority owns or controls an interest, direct or indirect, in any property included in any project, which was acquired prior to the member's or employee's appointment or employment, the member or employee shall disclose such interest and the date of acquisition thereof in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. 39 Del. Laws, c. 16, §  5;  Code 1935, §  5457;  31 Del. C. 1953, §  4304;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4306. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4306. Organization by commissioners; quorum; employment of assistants.

§ 4306. Organization by commissioners; quorum; employment of assistants. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairperson and vice-chairperson and by adopting bylaws and rules and regulations suitable to the purposes of this chapter. Three commissioners shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof. The commissioners shall, from time to time, select and appoint such officers and employees, including a director to be ex officio secretary, and engineering, architectural and legal assistants, as they may require for the performance of their duties, and shall prescribe the duties and compensation of each officer and employee. 39 Del. Laws, c. 16, §  6;  Code 1935, §  5458;  31 Del. C. 1953, §  4305;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4307. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4307. Compensation and expenses of commissioners.

§ 4307. Compensation and expenses of commissioners. No commissioner shall receive any compensation, whether in form of salary, per diem allowances or otherwise, for or in connection with the commissioner's services as such commissioner. Each commissioner shall, however, be entitled to reimbursements, to the extent of appropriations or other funds available therefor, for any necessary expenditures in connection with the performance of the commissioner's general duties or in connection with the construction or operation of any project. The authority may allocate such expenses among its project in such manner as it may consider proper. 39 Del. Laws, c. 16, §  7;  Code 1935, §  5459;  31 Del. C. 1953, §  4306;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4309. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4309. Agreements with federal government.

§ 4309. Agreements with federal government. An authority may, in connection with the borrowing of funds, or otherwise, enter into any agreement with the federal government or any agency or subdivision thereof providing for supervision and control of the authority of any project, and containing such covenants, terms and conditions as the authority may deem advisable. 39 Del. Laws, c. 16, §  14;  Code 1935, §  5466;  31 Del. C. 1953, §  4308;
31 DE Code § 4310. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4310. Transfer of property to authority by municipalities.

§ 4310. Transfer of property to authority by municipalities. Any city, village or incorporated town included in the area of operation of an authority may sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges therein or with respect thereto to the authority, irrespective of the purposes for which such property or such interest therein may have been acquired. Such city, village or incorporated town is authorized to sell any such property, property rights or interest therein to the authority at private sale without advertisement or competitive bidding, and, in the case of property, property rights or interest therein devoted or dedicated to a public use, the city, village or incorporated town is authorized to make grants to the authority on such terms and under such conditions as it deems advisable. The authority may acquire and accept any such property, property rights or interest therein as it deems necessary or desirable in the development of a project pursuant to this chapter. 39 Del. Laws, c. 16, §  9;  Code 1935, §  5461;  42 Del. Laws, c. 162;  31 Del. C. 1953, §  4309;
31 DE Code § 4311. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4311. Condemnation procedure.

§ 4311. Condemnation procedure. Whenever the housing authority cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken or used in the construction, reconstruction or maintenance of any housing project or proposed housing project, which the housing authority constructs, reconstructs or otherwise improves, or proposes to construct, reconstruct or otherwise improve, for the purpose thereof, the housing authority may exercise the power of eminent domain by proceeding in accordance with Chapter 61 of Title 10. 39 Del. Laws, c. 16, §  10;  Code 1935, §  5462;  31 Del. C. 1953, §  4310;
31 DE Code § 4312. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4312. Property as public property.

§ 4312. Property as public property. All property, both real and personal, acquired, owned, leased, rented or operated by an authority is deemed public property for public use. 39 Del. Laws, c. 16, §  11;  Code 1935, §  5463;  31 Del. C. 1953, §  4311;
31 DE Code § 4313. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4313. Projects subject to zoning regulations.

§ 4313. Projects subject to zoning regulations. All projects of an authority shall be subject to the comprehensive development plan, including the housing component thereof, planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which the project is to be situated. 39 Del. Laws, c. 16, §  12;  Code 1935, §  5464;  31 Del. C. 1953, §  4312;  58 Del. Laws, c. 161, §  3;
31 DE Code § 4314. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4314. Issuance of evidences of indebtedness; rights of creditors.

§ 4314. Issuance of evidences of indebtedness; rights of creditors. Subject to the restrictions set forth in this chapter, an authority may incur any indebtedness, issue any obligations and give any security therefor which it deems necessary or advisable in connection with any project undertaken by it under this chapter. Authorization for the issuance of bonds shall be made by resolution of the authority and the bonds shall be signed by any agent whom the authority designates. The bonds, notes or other evidences of indebtedness executed by an authority shall not be a debt or charge against the State, county, municipality, or any subdivision or agency or instrumentality thereof other than the authority, and no individual liability shall attach for any lawful official act done by any commissioner, but a commissioner shall be liable for the commissioner's own malfeasance. The rights of creditors of an authority shall be solely against such authority as a corporate body and shall be satisfied only out of property held by it in its corporate capacity, and the enforcement of such rights shall be subject to all the provisions of Part III of this title. 39 Del. Laws, c. 16, §  13;  Code 1935, §  5465;  31 Del. C. 1953, §  4313;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4315. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4315. Supervision of projects by the DSHA.

§ 4315. Supervision of projects by the DSHA. Whenever any project of any agency, including public or private organizations or corporations, is financed in whole or in part by this State pursuant to Chapter 40 of this title, the Housing Director of DSHA may:  (1) Order any agency undertaking or operating a project to make, at its expense, such repairs and improvements as will preserve or promote the health and safety of the occupants of buildings and structures owned or operated by such agency; (2) Order all such agencies to do such acts as may be necessary to comply with the law, the rules and regulations adopted by the Housing Director by the terms of any project approved by the Housing Director, or to refrain from doing any acts in violation thereof; (3) Examine all such agencies and keep informed as to their general condition, their capitalization and the manner in which their property is constructed, leased, operated or managed; (4) By the Housing Director's duly authorized agents, enter in or upon and inspect the property, equipment, buildings, plants, offices, apparatus and devices of any such agency, examine all books, contracts, records, documents and papers of any such agency and, by subpoena duces tecum issued by DSHA, compel the production thereof; (5) In the Housing Director's discretion prescribe uniform methods and forms of keeping accounts, records and books to be observed by such agencies and to prescribe or order accounts in which particular outlays and receipts shall be entered, charged or credited; (6) Require every such agency to file with DSHA an annual report setting forth such information as the Housing Director may require verified by the oath of a duly authorized representative of the agency. Such report shall be in the form, cover the period and be filed at the time prescribed by the Housing Director. The Housing Director may further require answers to questions upon which the Housing Director or DSHA may desire information and may also require such agency to file periodic reports in the form covering the period at the time prescribed by the Housing Director; (7) From time to time make, amend and repeal rules and regulations for carrying into effect this chapter.31 Del. C. 1953, §  4314;  56 Del. Laws, c. 293, §  3;  57 Del. Laws, c. 679, §§  5B, 5C;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 357, §§  9-16;
31 DE Code § 4316. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4316. Material and labor contracts; bids.

§ 4316. Material and labor contracts; bids. All materials furnished to and all labor for an authority in excess of the probable cost of $500, except materials and labor used in the maintenance and operation of housing projects and employees directly under the authority, shall be supplied or done under contract made after competitive bids have been requested and submitted. 39 Del. Laws, c. 16, §  18;  Code 1935, §  5470;  31 Del. C. 1953, §  4317;
31 DE Code § 4317. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4317. Dissolution.

§ 4317. Dissolution. Whenever an authority desires to discontinue its operations, it shall make application to DSHA for permission to dissolve. Permission to dissolve shall be given only upon the showing, satisfactory to DSHA, that all projects undertaken by the authority have been completed or abandoned with the approval of DSHA, that provision satisfactory to a majority of its creditors, holding a majority in the amount of claims, has been made, and that the continued existence of the authority would not serve the public interest. Notice of such application for permission to dissolve shall be given to all creditors of the authority in such manner as DSHA approves. If the application to dissolve is granted, DSHA shall either (1) designate an agent to take possession of the authority, to dispose of all of its property in the manner authorized herein, and, after paying or making provisions for the debts and liabilities of the authority and the expenses of dissolution, pay the balance remaining, if any, into the General Fund of the State; or (2) DSHA may, after proper provision has been made for paying or meeting the debts and liabilities of an authority and the expenses of dissolution, approve an agreement conveying the property of the authority to the State, provided that no debt or obligation of the authority shall become the debt or obligation of the State by virtue of such conveyance, unless expressly assumed by the State. 39 Del. Laws, c. 16, §  19;  Code 1935, §  5471;  31 Del. C. 1953, §  4318;  57 Del. Laws, c. 679, §  5B;  71 Del. Laws, c. 357, §  17;
31 DE Code § 4318. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4318. Tax exemption; payments in lieu of taxes.

§ 4318. Tax exemption; payments in lieu of taxes. The property of an authority is declared to be public property used for essential public purposes, and such property and an authority shall be exempt from all taxes and assessments of the city, the county, the State or any political subdivision thereof. In lieu of such taxes an authority may agree to make annual payments to such city or county for improvements, services and facilities furnished by such city or county for the benefit of the housing project, in amounts not to exceed the regular taxes which would be levied on such projects by the aforesaid taxing bodies if the project were not exempt therefrom. Bonds and other obligations of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities, and together with interest thereon and income therefrom, shall be exempt from taxes. Code 1935, §  5471A;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4319;  56 Del. Laws, c. 108, §  1;
31 DE Code § 4319. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4319. Exemption from execution sale.

§ 4319. Exemption from execution sale. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an authority be a charge or lien upon its real property. This section shall not apply to or limit the right of bondholders or other obligees of an authority to pursue any remedies for the enforcement of any pledge or lien given to them on its rents, fees or revenues or any mortgage of or agreement to sell a project given as security for any bonds or other obligations of the authority. Code 1935, §  5471B;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4320;
31 DE Code § 4320. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4320. Form and sale of bonds.

§ 4320. Form and sale of bonds. Bonds, notes and certificates of indebtedness of an authority may be issued in 1 or more series, may bear such date or dates, may mature at such time or times from their respective dates, may bear interest at such rate or rates not in excess of 4% over the discount rate charged by the Federal Reserve Board of Governors to its member banks, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without a premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and upon compliance with such conditions, may be payable from such income of the authority upon such terms, may be secured in such manner, may provide for such rights and remedies upon their default, and may contain such other covenants, terms and conditions (including, without being limited to the foregoing) as may be provided by resolution or resolutions of the authority or any trust indenture authorized thereby. Notwithstanding the former tenor thereof, and in the absence of an express recital on the face thereof that the bonds or notes are nonnegotiable, all bonds of an authority shall at all times be and shall be treated as negotiable instruments for all purposes. Such bonds, notes and certificates shall be sold at not less than par at public sale held after notice published once at least 5 days prior to such sale in a newspaper having a general circulation in the city or county and in a financial newspaper published in the City of Wilmington or in the City of New York, New York. Such bonds and other obligations may be sold to the federal government or any agency thereof at private sale at not less than par. Code 1935, §  5471C;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4321;  63 Del. Laws, c. 91, §  1;