reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:469. Liability on bonds; debt limitations

RS 40:469 - Liability on bonds; debt limitations
A. Neither the commissioners of a housing authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
B. The bonds and other obligations of a housing authority shall not be a debt of the municipality or parish, the state, or any public agency thereof, and the bonds and obligations shall so state on their face. Except as the state, or a municipality, parish, or other public agency shall otherwise expressly agree, and further except as the bonds of a housing authority, duly authorized by such agreement, shall specifically and directly otherwise provide, neither the state, nor any municipality or parish, nor any public agency other than the housing authority issuing the bonds shall be liable thereon. Nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of such issuing housing authority or any guarantor or insurer of such authority.
C. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:470. Issuance of bonds; type, form and sale of bonds

RS 40:470 - Issuance of bonds; type, form and sale of bonds
A. Bonds of a housing authority shall be authorized by a resolution adopted by a vote of a majority of the board of commissioners.
B. The bonds may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments, at such places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture or mortgage may provide. Bonds of a housing authority may be issued in zero coupon form or subject to federal taxation of interest thereon if the resolution authorizing issuance so provides.
C. The bonds may be sold at public sale held after notice prior to such sale promulgated in such manner as the authority shall deem appropriate or, if the resolution authorizing issuance of the bonds so provides, they may be sold on a negotiated basis or at private sale without any public advertisement. At the discretion of the housing authority, the bonds may be sold at par, or at any discount or premium, as the resolution authorizing them provides. A housing authority issuing bonds may enter into such agreements and arrangements with third parties for the marketing of its bonds as it shall deem appropriate.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:471. Signatures validated, presumption of validity of bond

RS 40:471 - Signatures validated, presumption of validity of bond
A. In case any of the representatives of the housing authority whose signatures appear on any bonds or coupons cease to be commissioners, officers, or agents of the issuing authority before the delivery of such bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the representatives had remained in office until delivery. Any law to the contrary notwithstanding, bonds issued pursuant to this Chapter are fully negotiable.
B. No suit, action, or proceeding involving the validity or enforceability of any bond of a housing authority may be commenced after delivery of the bond. In any suit, action, or proceeding involving the validity or enforceability of any bond of a housing authority or the security therefor, any such bond reciting in substance that it has been issued by the housing authority to aid in financing a development or activity furthering the purposes of this Chapter is conclusively deemed to have been issued in accordance with this Chapter, and any development financed thereby and with respect to which such recitation made shall be conclusively deemed to have been planned, located, and constructed in accordance with this Chapter.
Amended by Acts 1950, No. 401, §15; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:473. Short-term bond anticipation notes

RS 40:473 - Short-term bond anticipation notes
A. A housing authority may borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds from the sale of such bonds and within the authorized maximum of such bond issue.
B. Bond anticipation notes shall be issued for all monies borrowed under this Section. Such notes may be issued for a period not exceeding five years and may be renewed from time to time for periods not exceeding one year, but each such note, including renewals, shall mature and be paid not later than five years after the date on which the original note was issued. Such notes shall be authorized by resolution of the board of commissioners of the housing authority and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, as said board of commissioners shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices or for such other consideration, including real or personal property, as the authority shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the authority shall determine.
Amended by Acts 1950, No. 401, §17; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:474. Underwriter as agent

RS 40:474 - Underwriter as agent
A. In connection with the issuance of any bonds that are to be sold in a public offering, the participating institution and the underwriter of such bonds shall be the housing authority's designated agents for the purpose of preparing all disclosure materials and otherwise ensuring that all requirements of federal and state laws are fully complied with in connection with such offering. The participating institution and such underwriter shall accept such appointment in writing and shall, unless such requirement is expressly waived by the local housing authority, agree to indemnify and hold harmless the housing authority, its representatives, and the state and its public agencies and their respective officials, officers and employees from any and all claims, losses or damages, howsoever arising, resulting from inaccurate, incomplete, false or misleading statements contained in such disclosure materials, except those provided to the participating agency or underwriter by the housing authority or from failure to comply in any respect with the requirements of federal or state laws.
B. As used in this Section, "public offering" means any offering of bonds other than a private placement with a single financial institution, and "underwriter" means any person conducting such public offering as managing underwriter, senior managing underwriter, placement agent, or lead financial institution in a placement involving several financial institutions, or other such person or entity playing a similar role.
Amended by Acts 1950, No. 401, §18; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:475. Enforcing rights of obligee of a housing authority

RS 40:475 - Enforcing rights of obligee of a housing authority
An obligee of a housing authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:
(1) By mandamus or other action or proceeding for legal or equitable remedies, compel the housing authority and its representatives to perform each and every term, provision, and covenant contained in any contract of the housing authority with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the housing authority and the fulfillment of all duties imposed upon the housing authority by this Chapter.
(2) By action or proceeding, enjoin any acts or things which may be unlawful, or the violation of any rights of the obligee.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:477. Investment in bonds and authorized for public funds, financial institutions, trusts and fiduciaries

RS 40:477 - Investment in bonds and authorized for public funds, financial institutions, trusts and fiduciaries
The state and all public agencies therein, all banks, bankers, trust companies, savings banks, and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any monies or funds belonging to them or within their control in any bonds or other obligations issued by a housing authority, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this Chapter to authorize any of the foregoing to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; however, nothing in this Chapter shall be construed as relieving any person, firm, or corporation from any duty or exercising reasonable care in selecting securities. This Chapter shall apply notwithstanding any restrictions on investments contained in other laws.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:478. Issuance of debt instruments other than bonds

RS 40:478 - Issuance of debt instruments other than bonds
A. In addition to borrowing authorized under R.S. 40:431 and the issuance of bonds under R.S. 40:470, a housing authority may also issue notes, debt certificates, certificates of participation, and other debt or equity instruments, of every kind and description, for the purpose of generating funds to carry out the purposes of this Chapter.
B. Such notes, certificates, or instruments may be issued for such consideration, in such amounts, and upon such terms and conditions as the authority shall deem appropriate, consistent with the requirements of R.S. 40:489.
C. The limitation on liability set forth with respect to bonds in R.S. 40:469 shall also be applicable with respect to any such notes, certificates, or instruments.
D. The housing authority may offer such notes, certificates, or instruments at public or private sale and may enter into such contracts, agreements, and arrangements relating to such sale as it shall deem appropriate.
Amended by Acts 1950, No. 401, §21; Acts 1960, No. 461, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:479. Taxability of bonds and other debt instruments

RS 40:479 - Taxability of bonds and other debt instruments
All bonds, notes, certificates, and other instruments evidencing indebtedness of a housing authority or any subsidiary thereof or conveying an equity participation in any development of a local housing authority or any subsidiary thereof are deemed to be issued for an essential public and governmental purpose and shall be free of taxation of any kind by this state and its public agencies unless the authority issuing such bonds, notes, certificates, or other instruments shall elect that they be taxable. Any such election shall apply only to the specific issue of bonds, notes, certificates, or other instruments with respect to which such election is expressly made.
Amended by Acts 1950, No. 401, §22; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:481. Issuance of debt instruments on behalf of others

RS 40:481 - Issuance of debt instruments on behalf of others
A local housing authority may issue bonds, notes, certificates, or other instruments evidencing indebtedness on behalf of others to carry out any purpose authorized by this Chapter.
Added by Acts 1950, No. 401, §23. Amended by Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:482. Limitations on housing authority powers; not-for-profit operation

RS 40:482 - Limitations on housing authority powers; not-for-profit operation
The operation of housing developments and the other activities permitted to be undertaken by a local housing authority under this Chapter and all income, fees, or revenues derived or generated therefrom and belonging to such local housing authority are for public use and purposes, are not used or held for profit and are governmental functions of state concern. No income, fees, and revenues received by a local housing authority, from whatever source, shall be used as a source of revenue for any municipality or parish establishing said local housing authority or for any other public agency, nor shall any net income, fees, or net revenues be considered profit, but all of the same shall be utilized in the furtherance of the maintenance and enhancement of an adequate supply of decent, safe, and sanitary housing that is affordable to persons of eligible income and for other purposes contemplated by this Chapter.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:485. Application of policies

RS 40:485 - Application of policies
A local housing authority shall not apply its policies, rules, procedures, criteria, requirements, and exclusions with respect to eligibility of applicants, granting assistance, or enforcing standards relating to occupancy or continuance of assistance in an arbitrary or capricious manner.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:486. Rights of action

RS 40:486 - Rights of action
Nothing contained in this Chapter shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing authority to exercise any one or more of its discretionary powers.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:487. Affiliates, applicability of certain laws

RS 40:487 - Affiliates, applicability of certain laws
A. Affiliates of housing authorities shall not, by virtue of their affiliation with such local housing authorities, become subject to the laws of this state applicable to public agencies and their governing bodies, including but not limited to laws pertaining to open meetings, minimum wage rates applicable to government contracts and employees, if any, procurement of goods and services, and laws relating to public employees.
B. Notwithstanding any provision of Subsection A of this Section to the contrary, affiliates of housing authorities shall be subject to the Public Records Law. For the purposes of the Public Records Law, affiliates of housing authorities shall be considered public bodies.
Acts 1997, No. 1188, §1; Acts 2011, No. 79, §1.
NOTE: See Acts 2011, No. 79, second §2, regarding applicability of Subsection B.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:488. Recourse obligations and cross-collateralization

RS 40:488 - Recourse obligations and cross-collateralization
No guaranty, other recourse obligation, mortgage, or security instrument, or other instrument (recourse instrument) given or entered into by a housing authority in connection with financing the acquisition, creation, modernization, rehabilitation, or replacement of a development, which exposes to foreclosure, loss, or levy any property of the housing authority other than the development being acquired, created, modernized, rehabilitated, or replaced with the proceeds of such financing shall be given or entered into, unless the authority's board of commissioners shall have specifically approved such action by resolution which finds that such action:
(1) Is necessary and essential to acquiring the financing with respect to which such recourse instrument is given or entered into.
(2) Will not unreasonably expose to loss or foreclosure property of the authority other than the development for which financing will be used.
(3) Is prudent and sound as required under R.S. 40:489.
(4) Is commercially reasonable, taking into account the characteristics of the transaction in which such recourse instrument would be given and its relative benefits and potential costs to the authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:490. Tax exemption

RS 40:490 - Tax exemption
A. All evidences of indebtedness of an authority are issued for a public purpose, are public instrumentalities, and, together with the interest and income thereon, are exempt from taxes. An authority is exempt from the payment of any taxes or fees to the state or any subdivision thereof or to any officer or employee of the state or any subdivision thereof. The property of an authority is exempt from all taxes of the municipality or parish and from all other local taxes.
B. However, except in the parish of East Baton Rouge, unless otherwise provided in Subsection C of this Section, the municipality or parish may:
(1) Fix a sum which shall be paid to it annually by an authority for each housing project located therein;
(2) Agree with an authority or government upon the sum to be paid by the authority for any year or years for a housing project or projects located therein;
(3) Accept or agree to accept a fixed sum or other consideration in lieu of any such payment for any year or years; or
(4) Agree that the authority shall not pay or be liable to pay any sum for housing projects located therein.
C. Notwithstanding the provisions of Subsection B of this Section, the parish of East Baton Rouge and any municipality or school board in that parish may exercise any of the powers granted in Subsection B of this Section. A housing authority in the parish of East Baton Rouge shall make payments in lieu of taxes to a school district in which the housing authority is located.
Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 2003, No. 1163, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:500. Tenant-housing authority relationship

RS 40:500 - Tenant-housing authority relationship
Except as otherwise provided in this Chapter with respect to mixed-income developments or otherwise permitted by law, dwelling units in a local housing authority's developments shall be rented only to households consisting of persons of eligible income at the time of their initial occupancy of such units. Notwithstanding any other provision of law, a local housing authority may allow police officers and maintenance and management employees, not otherwise eligible for residence, to reside in dwelling units in a local housing authority's developments.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:501. Selection and preferences

RS 40:501 - Selection and preferences
A. Each housing authority shall adopt and promulgate policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies as provided in said policies. Such policies and plans may, but shall not be required to, include:
(1) That a local housing authority may deny a lease, right of occupancy, or any other assistance to any person, including the family or household of such person, if it determines that such person or any member of such person's household either:
(a) Has committed any fraud or made any misrepresentation or omission deemed material by the local housing authority in connection with any application for assistance.
(b) Has committed any fraud or made any misrepresentation or omission deemed material by the local housing authority in connection with any previous application for any public assistance or in connection with any determination or redetermination of eligibility therefor.
(c) Possesses a personal history which exhibits violent, disruptive, antisocial, or criminal behavior, with or without criminal convictions, which, in the determination of the authority, renders such person unsuitable for occupancy or receipt of assistance.
(d) Because of a history of poor credit or housekeeping or other deficient behavior, is otherwise likely to fail in meeting all lease terms, authority rules and regulations, or other requirements of occupancy or of the authority's program of assistance.
(2) Preferences to give priority to persons displaced by public or private action, to families of veterans and servicemen, to families whose members are gainfully employed, to citizens of the United States or this state, to persons with disabilities or who are elderly and such other preferences, as well as priorities within each preference category, as the local housing authority deems appropriate.
(3) Occupancy standards that provide for offering available units only to families of appropriate size and such other standards relating to occupancy and tenant conduct as the local housing authority deems appropriate.
B. Without limiting the foregoing, the local housing authority may further limit the offering of available units to families of appropriate qualifications in order to comply with state or federal law or regulations or contractual agreements with governmental agencies pursuant to such law or regulations.
C. Nothing contained in this Section shall prevent a housing authority from suspending processing of applications of persons of eligible income unlikely to be offered units within a reasonable time after initial application as determined by the authority or requiring annual renewal of applications.
Acts 1997, No. 1188, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:502. Differing criteria, requirements, or standards

RS 40:502 - Differing criteria, requirements, or standards
Nothing contained in this Chapter shall limit the ability of any local housing authority to establish and apply different criteria or requirements with respect to admissions and occupancy, to utilize different methods of establishing and charging rents, or to impose different occupancy standards for different developments or portions thereof or with respect to recipients of assistance in any program designed or intended to differentiate between individual recipients on the basis of their circumstances, actions, or characteristics.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:503. Continued occupancy after termination of eligibility

RS 40:503 - Continued occupancy after termination of eligibility
Households who are already in occupancy or are receiving assistance but who become ineligible for occupancy or other assistance may continue their occupancy or receipt of other assistance at the discretion of the local housing authority for such period, upon such terms and conditions, and, in the case of continued occupancy, in exchange for such rent, not less than any applicable minimum rent, as the authority shall determine to be appropriate.
Acts 1992, No. 580, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:504. Lease

RS 40:504 - Lease
The local housing authority may require that each household occupying a dwelling unit enter into a lease containing such terms and conditions and for such duration as the authority reasonably deems appropriate. No tenant or lessee of, or recipient of assistance from, a local housing authority shall have any right to the renewal of any lease, tenancy, right of occupancy or assistance, except as expressly agreed by the authority. All members of the household who are permitted to reside in a dwelling unit must be identified in any lease of a dwelling.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:505. Change in family composition

RS 40:505 - Change in family composition
In the event of a change in the composition of tenant household, the local housing authority may determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing authority may adopt such rules and procedures governing such determinations as it deems appropriate.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:507. Community participation

RS 40:507 - Community participation
A. A local housing authority may require, as a condition to granting or continuing any assistance, that residents and other recipients of such assistance participate in activities for community and neighborhood betterment. Such conditions of assistance may require the performance of work in and around the authority's developments for the maintenance or improvement thereof, the performance of services to benefit residents or others, or work performed elsewhere in the community. Such requirements may vary among individual residents or other recipients of assistance.
B. In establishing conditions of assistance and determining the requirements applicable to individual recipients thereof, local housing authorities shall take into account such individual circumstances as the authority deems appropriate in order to assure that, in the authority's judgment, the requirements are reasonably applied. Individual circumstances so taken into account may include, without limitation, age, disability, and employment status.
C. A local housing authority may require, as a prerequisite to granting assistance, including any lease or right of occupancy of a dwelling unit, that the resident or recipient enter into a tenant participation plan or other similar agreement which sets forth the conditions of assistance and provides for the discontinuance of tenancy or other assistance in the event of the failure of the resident or recipient to satisfy such conditions.
D. Except as and to the extent a local housing authority shall specifically and expressly agree in writing to the contrary, the community participation activities of a resident or other recipient of assistance contemplated by this Section shall not create, for any purpose, a legal relationship of agent/principal or employee/employer between the person performing such community participation activities and the local housing authority requiring such participation or any other public agency for whose benefit such activities may be carried out.
Acts 1950, No. 401, §29; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:508. Property of housing authorities; limitation on access

RS 40:508 - Property of housing authorities; limitation on access
In order to protect the safety and security of its property and to protect the right of its residents and other tenants to the quiet enjoyment of their property, and the safety and security of their persons and property, a local housing authority may, in addition to any other power or authority contained in this Chapter, limit access to any development or other authority property by persons who are not any of the following: residents or their permitted guests, or employees of the local housing authority, its guests, law enforcement officers, or other persons conducting official business.
Acts 1986, No. 637, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:509. Identification of persons

RS 40:509 - Identification of persons
A local housing authority may establish and implement such regulations, procedures, and systems as it deems appropriate for the identification of persons and vehicles present on its developments or other property. Such rules, procedures, and systems may include but shall not be limited to requirements for personal identification cards, guest registration and identification, registration of vehicles, restricted pedestrian and vehicular access, and other measures for verification that persons present upon the authority's developments or property are entitled to be so present.
Added by Acts 1989, No. 169, §1, eff. June 22, 1989. Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:510. Exclusion or ejection of unauthorized persons

RS 40:510 - Exclusion or ejection of unauthorized persons
Persons who are present on the developments or other property of the authority, and who are not residents, their guests, or employees of the local housing authority, its guests, law enforcement officers, or others conducting official business, may be excluded from such premises by the local housing authority, and, if said persons shall refuse to leave, after first being requested to do so, said persons shall be considered trespassers who shall be subject to an applicable state or local trespass law. Additionally, and without limiting the foregoing, the local housing authority may obtain injunctions for the temporary or permanent exclusion of such persons from authority property.
Acts 1990, No. 467, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:511. Law cumulative

RS 40:511 - Law cumulative
Notwithstanding any other provision of this Chapter to the contrary, R.S. 40:508 through 510 shall be cumulative of any other laws of this state relating to civil or criminal trespass, unauthorized entry upon property, or the exclusion or ejection of unauthorized persons from public or private property, all of which laws shall, in addition to R.S. 40:508 through 510, remain applicable to local housing authorities and their developments and property. A local housing authority may elect to exercise its rights under this Section without waiver of its rights or remedies under any other applicable provision of law, and vice versa.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:512. Annual reports of local housing authorities

RS 40:512 - Annual reports of local housing authorities
A. Within a reasonable time after the end of each fiscal year, each local housing authority shall prepare a report generally describing such authority's activities for the year then ended. Such report shall contain financial statements fairly depicting the financial condition of the authority, its assets and liabilities, including contingent liabilities, and the results of its operations for the year then ended. The report shall be approved by the local authority's board of commissioners and signed by its chairperson.
B. The annual report of the local housing authority shall be a public record that is available for inspection and copying by members of the general public at the offices of the local housing authority.
C. A local housing authority shall also file its annual report with the municipal or parish clerk, or equivalent official whose duties include receipt and custody of public records of the municipality or parish, promptly upon completion thereof. Regional and consolidated housing authorities shall file annual reports with the appropriate officials of all participating political subdivisions.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:514. Audits

RS 40:514 - Audits
The financial statements contained in annual reports of local housing authorities with gross revenues of two hundred fifty thousand dollars or more shall be audited annually. Such financial statements of authorities with gross revenues of less than two hundred fifty thousand dollars shall be audited at least biennially.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:515. Immunity from personal liability of commissioners, officers, employees, and agents

RS 40:515 - Immunity from personal liability of commissioners, officers, employees, and agents
No representative of a local housing authority shall personally be civilly or criminally liable:
(1) With respect to any matter or act not directly committed or authorized by such person.
(2) For any action, including a direct action or authorization, taken in good faith:
(a) Pursuant to any rule, procedure, or system implemented by an authority to deny access to the authority's developments or property by unauthorized persons, including but not limited to any action to identify any person or to verify such person's authority to be present upon authority property, or to exclude or eject any person determined in good faith to be an unauthorized person.
(b) With respect to disclosure or nondisclosure of information under R.S. 40:526 or any other law pertaining to the confidentiality or disclosure of information or records.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:516. Authority to indemnify representatives

RS 40:516 - Authority to indemnify representatives
A. Except as provided in Subsection C of this Section, a housing authority may indemnify a representative of a local housing authority who is made a party to a proceeding, because the representative is or was such, against liability incurred in the proceeding unless either:
(1) The conduct of the representative was outside the scope of his official duties.
(2) The representative's conduct constituted malfeasance in office.
(3) The representative's conduct constituted a wilful or wanton neglect of duty.
B. The termination of a proceeding by judgment, order, settlement, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the representative did not meet the standard of conduct described in this Section.
C. A housing authority may not indemnify a representative under this Section in connection with either:
(1) A proceeding by or in the right of a housing authority in which the representative was adjudged liable to the housing authority.
(2) Any other proceeding charging improper personal benefit to the representative in which the representative was adjudged liable on the basis that personal benefit was improperly received by the representative.
D. Indemnification permitted under this Section in connection with a proceeding by or in the right of a housing authority is limited to reasonable expenses incurred in connection with the proceeding.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:517. Mandatory indemnification

RS 40:517 - Mandatory indemnification
Notwithstanding that a housing authority has failed or refused to agree to indemnify a representative, it shall indemnify any representative against reasonable expenses incurred by him in connection with any proceeding if the representative is wholly successful, on the merits, in the defense of the proceeding to which he was a party because he was a representative of the housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:518. Advance for expenses

RS 40:518 - Advance for expenses
A. A housing authority may in its discretion pay for or reimburse the reasonable expenses incurred by a representative who is a party to a proceeding in advance of final disposition of the proceeding.
B. Any authorization of payments under this Section shall be made by resolution of the housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:519. Determination and authority of indemnification

RS 40:519 - Determination and authority of indemnification
A. A housing authority may indemnify a representative after a determination has been made that indemnification of the representative is not prohibited pursuant to R.S. 40:516(A) or (C).
B. A determination that indemnification of a representative is permissible shall be made:
(1) By majority vote of a quorum consisting of commissioners not at the time parties to the proceeding.
(2) If a quorum cannot be obtained under Paragraph (1) of this Subsection, by a majority vote of a committee duly designated by the commissioners consisting solely of two or more commissioners not at the time parties to the proceeding. However, commissioners who are parties to the proceeding may participate in designation of the committee.
(3) By special legal counsel selected by the board or its committee in the manner prescribed in Paragraph (1) or (2) of this Subsection or, if a quorum of the commissioners cannot be obtained under Paragraph (1) and a committee cannot be designated under Paragraph (2), the special legal counsel shall be selected by a majority vote of the commissioners, including commissioners who are parties to the proceeding.
C. Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under Paragraph (3) of Subsection B to select counsel.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:520. Insurance

RS 40:520 - Insurance
A housing authority may purchase and maintain insurance on behalf of a representative against liability asserted against or incurred by a representative who is or was a representative of a housing authority or who, while a representative, is or was serving at the request of the housing authority as a director, officer, partner, trustee, employee, or agent of a partnership, joint venture, employee benefit plan, or other enterprise.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:521. Indemnification; extent; reimbursement of commissioner expenses as witness

RS 40:521 - Indemnification; extent; reimbursement of commissioner expenses as witness
A. The indemnification and the provisions for advancement of expenses provided by R.S. 40:515 through 519 shall not be deemed exclusive of any other rights to which a representative may be entitled under any agreement, general or specific action of a housing authority, or otherwise, and shall continue as to a person who has ceased to be a representative and shall inure to the benefit of the heirs, executors, and administrators of such a person. Specifically and not by way of limitation, a housing authority may make or agree to make any further indemnification, including advancement of expenses, of any representative whose agreement for such was approved, adopted, or ratified, before or after such indemnification or agreement is made.
B. Notwithstanding other provisions of this Chapter limiting compensation of commissioners, a housing authority may pay or reimburse expenses incurred by a commissioner in connection with the commissioner's appearance as a witness in a proceeding at the time when the commissioner has not been made a named defendant or respondent to a proceeding.
Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:522. Limitations

RS 40:522 - Limitations
Nothing contained in R.S. 40:515 through 519 shall require or permit any payment to a representative that is redundant to the proceeds of any insurance policy payable to the representative in connection with the same matter as that for which indemnity would otherwise be given. Further, no discretionary payment of indemnity shall be made if such payment would jeopardize the ability of the authority to carry on its customary activities and meet its other obligations.
Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:523. Planning and zoning

RS 40:523 - Planning and zoning
Except as otherwise provided herein, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located.
Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:524. Exceptions for affordable housing or local housing authorities

RS 40:524 - Exceptions for affordable housing or local housing authorities
A. In order to facilitate development, redevelopment, and other activities in furtherance of the purposes of this Chapter by local housing authorities and their affiliates, a municipality or parish may grant exceptions to the requirements of:
(1) Zoning ordinances, and other laws, ordinances, and regulations regulating the use, development, and improvement of land or buildings.
(2) Laws, ordinances, and regulations pertaining to historic buildings and structures.
(3) Redevelopment plans, comprehensive plans, and other plans governing municipality or parish land use.
B. However, any such exception shall not compromise essential health and safety standards. This Section shall be cumulative of, and not in limitation of, any existing laws, ordinances, and regulations that permit variances, special exceptions, and other relief from applicable requirements relating to development and improvement of real property.
Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:525. Local authority planning participation

RS 40:525 - Local authority planning participation
With respect to matters relating to the purposes of this Chapter, each municipality or parish or regional planning body of this state shall, in its planning processes, take into account all recommendations of local housing authorities formed by such municipality or parish, or by the municipalities and parishes affected by the actions of such regional planning body.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:526. Exempt records

RS 40:526 - Exempt records
Notwithstanding any other law with respect to the availability of public records for inspection, the following records of a housing authority are exempt from public disclosure:
(1) All records in the individual file of a resident, former resident, or applicant for public housing.
(2) All records in the individual file of any landlord or individual providing a dwelling that is in any manner administered by a housing authority.
(3) All lists that identify residents, former residents, and applications. However, statistical compilations are not exempt unless, by identification of location, family size, employment, or similar information, a resident, former resident, or applicant may be identified.
(4) The addresses of any dwellings that are assisted, either directly by the action of the housing authority or as a result of the resident's selection. However, statistical compilations are not exempt unless some or all of them may be specifically identified by address as a result of such compilation.
(5) The home address or personal telephone number of any resident, former resident, applicant, or landlord.
(6) Communications within a housing authority or between a housing authority and other public agencies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final authority determination of policy or action.
(7) Any information in the possession of the authority concerning the criminal history or other background information pertaining to any tenant or applicant for assistance.
(8) Information submitted to a housing authority in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, and the housing authority has obliged itself in good faith not to disclose the information.
(9) Any other material or information that is otherwise exempt from disclosure under applicable law.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:527. Permitted disclosure

RS 40:527 - Permitted disclosure
A housing authority may provide any of the records described in R.S. 40:526:
(1) To any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed.
(2) To such parties as the housing authority deems necessary when the authority determines that the disclosure is essential to the preservation of life, health, or safety.
(3) To anyone as required by a court order.
(4) To a law enforcement agency without order of court, to the extent the authority deems such disclosure to be appropriate and in the public interest.
(5) To a landlord or prospective landlord for purposes of enabling the landlord to determine an applicant's suitability for initial tenancy or to determine the suitability for continued tenancy of a person receiving assistance from the authority and who is already in occupancy.
(6) To any applicant, tenant, or recipient of assistance to whom such information relates or to such person's designee or legal representative.
(7) To any state or federal public agency as required by law or agreement.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:528. Disclosure to residents and applicants; limitations

RS 40:528 - Disclosure to residents and applicants; limitations
Any applicant or recipient of assistance from a housing authority may examine his or her individual file or files at reasonable times and intervals. However, a local housing authority shall have no obligation to disclose to any resident or recipient of assistance any information pertaining to any investigation or confidential law enforcement activity relating to possible criminal misconduct on the part of such person.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:529. Procedures for procurement of goods and services, sale or disposition of property, personnel management

RS 40:529 - Procedures for procurement of goods and services, sale or disposition of property, personnel management
Local housing authorities shall adopt policies, rules, and procedures governing the procurement of goods or services, the sale or disposition of authority property, and the management of authority personnel. Such policies, rules, and procedures shall apply to all subsidiaries but not affiliates of a local housing authority, unless the authority, by resolution of its board of commissioners, elects otherwise.
Acts 1997, No. 1188, §1.