2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › HOUSING (§§ 29-4-101 — 29-4-1208) › Article 4 - Housing (§§ 29-4-101 — 29-4-1208) › Part 2 - CREATING HOUSING AUTHORITIES (§§ 29-4-201 — 29-4-232) › Section 29-4-209 - [Effective 8/7/2024] Powers of authority

(1)
An authority shall constitute a body both corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part 2, including the following powers in addition to others granted in this section:
(a)
To investigate living, dwelling, and housing conditions and the means and methods of improving such conditions;
(b)
To determine where unsafe, unsanitary, or substandard dwelling or housing conditions exist;
(c)
To study and make recommendations concerning the city plan in relation to the problem of clearing, replanning, and reconstruction of areas in which unsafe, unsanitary, or substandard dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of low income, and to cooperate with any city or regional planning agency;
(d)
To prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, alteration, or repair of any project or any part thereof;
(d.3)
To grant or lend moneys or otherwise provide financing to any person, firm, corporation, the city, or a government for any project or any part thereof;
(d.5)
To pledge or otherwise encumber any of its moneys in support of or in connection with a project;
(d.7)
To establish entities controlled by the authority that may own, operate, act, invest in as a partner or other participant, or take any and all steps necessary or convenient to undertake or otherwise develop a project;
(e)
To take over by purchase, lease, or otherwise any project undertaken by any government or by the city;
(f)
To manage as agent of the city any project constructed or owned by the city that the city delivers possession of to the authority pursuant to section 29-4-107 (1)(b);
(g)
To act as agent for the federal government in connection with the acquisition, construction, operation, or management of a project or any part thereof;
(h)
To arrange with the city or with a government for the furnishing, planning, replanning, opening, or closing of streets, roads, roadways, alleys, or other places or facilities for the acquisition by the city or a government of property, options, or property rights, or for the furnishing of property or services in connection with a project;
(i)
To lease or rent any of the dwellings or other accommodations, or any of the lands, buildings, structures, or facilities embraced in any project, and to establish and revise the rents or charges therefor;
(j)
To enter upon any buildings or property in order to conduct investigations or to make surveys or soundings;
(k)
To purchase, lease, obtain options upon, or acquire by eminent domain, gift, grant, bequest, devise, or otherwise any property, real or personal, or any interest therein from any person, firm, corporation, the city, or a government;
(l)
To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person, firm, corporation, the city, or a government;
(m)
To own, hold, clear, and improve property and to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable;
(n)
To procure assurance from a government of the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any project;
(o)
To borrow money upon its bonds, notes, debentures, or other evidences of indebtedness, and to secure the same by pledges of its revenues and, subject to the limitations imposed by this part 2, by mortgages upon property held or to be held by it, or in any other manner:
(I)
In connection with any loan, to agree to limitations upon its right to dispose of any project or part thereof, or to undertake additional projects;
(II)
In connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this part 2;
(p)
To invest any moneys held in reserve or sinking funds or any moneys not required for immediate disbursement in property or in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S., or to deposit the same or any part thereof in any depository authorized in section
24-75-603
, C.R.S. For the purpose of making such deposits as provided in this paragraph (p), the commissioners may appoint, by written resolution, one or more persons to act as custodians of the moneys of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.
(q)
To sue and be sued;
(r)
To have a seal and to alter the same at pleasure;
(s)
To have perpetual succession;
(t)
To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;
(u)
To make and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this part 2, to carry into effect the powers and purposes of the authority;
(v)
To conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;
(w)
To issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are out of the state, unable to attend before the authority, or excused from attendance;
(x)
To make available to such agencies, boards, or commissions as are charged with the duty of abating nuisances or demolishing unsafe structures within its territorial limits its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare; and
(y)
To do all things necessary or convenient to carry out the powers given in this part 2.
(2)
Any of the investigations or examinations provided for in this part 2 may be conducted by the authority or by a committee appointed by it, consisting of one or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination has the power to administer oaths, take affidavits, and issue subpoenas or commissions. An authority may exercise any of the powers conferred upon it by this section, either generally or with respect to any specific project through or by any agent which it may designate, including any corporation formed under the laws of this state, and, for such purposes, an authority may cause one or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation. Any corporate agent, all of the stock of which is owned by the authority or its nominee, to the extent permitted by law, may exercise any of the powers conferred upon the authority.
(3)
In addition to all of the other powers conferred upon it by this section, an authority may do all things necessary and convenient to carry out the powers expressly given in this part 2. No provisions with respect to the acquisition, operation, or disposition of property by public bodies shall be applicable to an authority unless the legislature specifically so states.
Amended by 2024 Ch. 295,§ 13, eff. 8/7/2024, app. to any housing project pursuant to part 1 of article 4 of title 29, C.R.S., on or after the applicable effective date.
L. 35: 533, § 9. CSA: C. 82, § 37. CRS 53: § 69-3-9. C.R.S. 1963: § 69-3-9. L. 79: (1)(p) amended, p. 1617, § 15, effective June 8. L. 89: (1)(p) amended, p. 1113, § 20, effective July 1. L. 2000: (1)(d.3), (1)(d.5), and (1)(d.7) added, p. 882, § 6, effective August 2.
2024 Ch. 295, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.