reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:532. Terms of office for local housing authority commissioner

RS 40:532 - Terms of office for local housing authority commissioner
A. In the case of local housing authorities, the commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for terms of five years. All commissioners shall, except as otherwise provided in R.S. 40:536 and 537, continue to serve until their successors have been duly appointed.
B.(1)(a) Notwithstanding the provisions of Subsection A of this Section, seven commissioners of the Housing Authority of New Orleans, excluding the landlord commissioner, shall serve five-year terms after serving initial terms as provided in this Subparagraph. One member shall serve an initial term of one year, one shall serve two years, one shall serve three years, two shall serve four years, and two shall serve five years as determined by lot at the first meeting of the board.
(b) The seven commissioners serving on August 1, 2015, shall continue to serve until the expiration of their terms. The successors of such commissioners shall be appointed as provided in R.S. 40:531(B). Vacancies shall be filled in the manner of the original appointment; however, if a vacancy occurs prior to the expiration of a term of any such commissioner serving on August 1, 2015, the mayor of the city of New Orleans shall appoint a commissioner to fill the vacancy in the same manner as the original appointment. The commissioner appointed shall serve for the remainder of the unexpired term.
(2) The one landlord commissioner appointed pursuant to R.S. 40:531(B) shall serve terms concurrent with the mayor. A vacancy shall be filled in the manner of the original appointment.
Amended by Acts 1950, No. 401, §27; Acts 1997, No. 1188, §1; Acts 2015, No. 419, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:533. Vacancies in local authorities

RS 40:533 - Vacancies in local authorities
Any vacancy in an unexpired term shall be filled for the remainder of the term. Vacancies shall be filled by the same authority and in the same manner as the original appointment.
Amended by Acts 1950, No. 401, §28; Acts 1952, No. 127, §15; Acts 1954, No. 80, §1; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:534. Certificate of appointment or reappointment

RS 40:534 - Certificate of appointment or reappointment
A certificate of appointment or reappointment of any commissioner appointed or reappointed by the chief elected official or governing body of a municipality or parish, as the case may be, shall be filed with the secretary or clerk of the governing body of the municipality or parish, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.
Acts 1997, No. 1188, §1; Acts 2003, No. 923, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:535. Eligibility of commissioners

RS 40:535 - Eligibility of commissioners
Every commissioner shall be a resident of the area of operation of the housing authority which he or she has been appointed to serve. However, if after appointment a commissioner ceases to reside in the local housing authority's area of operation, his or her term of office shall automatically terminate and a successor shall be appointed to fill such vacancy in the manner provided in R.S. 40:533. Any commissioner who ceases to reside within the area of operation of the local housing authority in which such commissioner serves shall immediately so inform the board of commissioners of the authority and the appointing authority of his or her change in residence. Commissioners shall be adult persons of integrity. No person who has been convicted of a felony shall be eligible for appointment or service as a commissioner.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:536. Tenant commissioners

RS 40:536 - Tenant commissioners
Tenancy in a local housing authority development or receipt of other assistance from such authority shall not preclude the appointment of any person to serve as a commissioner. Notwithstanding any other Subpart of this Chapter, a resident or recipient of other assistance who is a commissioner may participate in any decision of the authority except a decision that specially affects his or her individual interests. In the event that the appointing authority intends that a commissioner's appointment is made within the intention that such commissioner represent the persons assisted by said local housing authority, then his or her certificate of appointment shall so state. In the event that any such commissioner so appointed and designated shall cease to reside in a development of, or otherwise cease to receive assistance from, the authority which such person serves as commissioner, then his or her term of office shall automatically terminate, and a successor shall be appointed to fill such vacancy in the manner provided in this Subpart.
Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:538. Validity of actions of board of commissioners

RS 40:538 - Validity of actions of board of commissioners
No action taken by the commissioners of an authority shall be invalid because of the ineligibility of any commissioner to serve in such capacity. All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:540. Compensation; expense reimbursements to commissioners

RS 40:540 - Compensation; expense reimbursements to commissioners
A. Except as otherwise approved by the governing body of the municipality or parish for which the local housing authority was formed, or, in the case of regional or consolidated housing authorities, the governing bodies of the municipalities and parishes participating therein, commissioners shall receive no compensation for their services, but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of their duties.
B. Subject to said approval, a board of commissioners may authorize compensation, provided that:
(1) The method of compensation shall be uniformly applied with respect to all commissioners.
(2) Payment shall be made only in connection with actual participation in meetings or other authority activities on a per diem basis.
(3) Payments to any commissioner shall be reasonably related to the efforts expended.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:541. Dissolution of local housing authorities

RS 40:541 - Dissolution of local housing authorities
Any local housing authority may, by written resolution, elect to dissolve, provided that no such dissolution or any transfer of property pursuant to dissolution shall occur unless all of the following conditions are met:
(1) The governing body of the municipality or parish which established the local housing authority so dissolving shall have consented thereto.
(2) The dissolving authority shall have designated another local housing authority or another municipality, parish, or public agency of this state, which may be the municipality or parish for which the authority was formed, as the transferee of its assets and liabilities in dissolution.
(3) The local housing authority, municipality, parish, or other public agency receiving such property or assets and the political subdivision which established its consent thereto by resolution.
(4) All obligees of bonds or other evidences of indebtedness of such transferring or dissolving authority, or the trustees for such obligees, or the federal government if the bonds or other obligations are secured by any contract right pursuant to a contract between the transferring authority and the federal government, shall have consented thereto in writing, or adequate provision shall have been made for the payment of such bonds or other obligations, by escrow or otherwise, the performance without breach or default of an obligation secured only by one or more developments or the income thereof shall be deemed to be "adequate provision". Further, no such transfer shall in any way diminish or impair the obligations of any transferring authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:542. Rights and obligations upon transfer, dissolution

RS 40:542 - Rights and obligations upon transfer, dissolution
Within a reasonable time subsequent to approval by all necessary parties of a local housing authority's resolution to dissolve, the authority shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the authority's property, the receiving local housing authority, municipality, parish, or other public agency shall have all right, title, and interest in and to such property and all duties and obligations arising out of the transfer of such property as the transferring authority had. Upon dissolution and transfer, all rights, contracts, agreements, obligations, and property, real and personal, of such transferring authority, shall be in the name of, and vest in, such receiving local housing authority, municipality, parish, or other public agency, and all obligations of such transferring local housing authority shall be the obligations of such receiving local housing authority, municipality, parish or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency to the same extent as they might have been asserted, enforced, and prosecuted against such transferring local housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:543. Area of operation after dissolution

RS 40:543 - Area of operation after dissolution
After any dissolution and transfer, notwithstanding anything contained in R.S. 40:396, the area of operation of the receiving local housing authority shall include, nonexclusively, the area of operation of the transferring local housing authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:544. Dissolution of regional and consolidated housing authorities

RS 40:544 - Dissolution of regional and consolidated housing authorities
A regional or consolidated housing authority desiring to dissolve may do so in the same manner as provided in R.S. 40:542, provided that consent of all participating municipalities and parishes shall be required and the transfer of property and assets of the regional or consolidated housing authority upon dissolution may be effected either to a single transferee or to multiple transferees, as the authority shall determine, subject to approval by the participating political subdivisions.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:545. Private rights of action; third party beneficiary rights

RS 40:545 - Private rights of action; third party beneficiary rights
Except with respect to enforcing any right to indemnification under R.S. 40:516 or any right of an obligee under R.S. 40:475 and 476, and notwithstanding any other provision of law to the contrary, this Chapter shall not confer upon any person or organization a right of action in any court to enforce this Chapter. Except as otherwise stated in this Section, any and all rights to enforce this Chapter are vested exclusively in housing authorities and the municipalities and parishes of this state that establish housing authorities, and without limiting the foregoing, no person or entity not expressly named as a party to a contract entered into by a housing authority shall have any right of action, by virtue of the status of such person or entity as a third party beneficiary of such contract, or otherwise based upon such contract. Any claim or action in violation of this Section shall be absolutely null and void.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:546. Meetings of commissioners

RS 40:546 - Meetings of commissioners
Nothing contained in this Part prevents meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:547. Validating provisions

RS 40:547 - Validating provisions
A. The creation and establishment of housing authorities pursuant to, or purporting to be pursuant to, this Chapter, together with all proceedings, acts and things undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any want of statutory authority or defect or irregularity in such acts or proceedings. Said housing authorities are hereby constituted and declared to be bodies corporate and politic with all the powers, rights, and duties set forth in this Chapter and any amendments thereto.
B. All contracts, agreements, obligations, and undertakings of housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance, or operation of any housing or redevelopment development or developments or to obtaining aid therefor from the federal government, including, without limiting the generality of the foregoing, loan and annual contributions contracts and leases with the federal government, agreements with municipalities or other public bodies, including agreements which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contracts with such holders of notes or bonds, relating to cooperation, contributions, grants, payments, if any, in lieu of taxes, furnishing of municipal services and facilities, and the elimination of unsafe and insanitary dwellings, and contracts for the construction of housing developments, together with all proceedings, acts and things heretofore undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respect, notwithstanding any defect or irregularity therein or any want of statutory authority.
C. All proceedings, acts, and things heretofore undertaken, performed, or done in or for the authorization, issuance, sale, execution, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the undertaking of a housing or redevelopment development or developments and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:548. Filing false reports on income; penalty

RS 40:548 - Filing false reports on income; penalty
Whoever files a false report of his income with any housing authority, with knowledge of its falsity, shall be fined not more than five hundred dollars, or shall be imprisoned for not more than six months, or both.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:550. Partial invalidity; severability

RS 40:550 - Partial invalidity; severability
If any provision of this Chapter or the application thereof to particular circumstances is held unconstitutional or otherwise invalid, the remainder of the Chapter or the application of that provision to other circumstances shall not be affected. In such event it is the intention of the legislature that this Chapter would have been adopted without the inclusion of the provision held to be unconstitutional or otherwise invalid.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:561. Definitions

RS 40:561 - Definitions
As used in this Subpart, the following terms shall apply unless the context clearly states otherwise:
(1) "Applicant" means a person applying for benefits under a public housing assistance program covered by HUD and with respect to whom wage record and unemployment compensation information is sought.
(2) "Consent form" means the Authorization for Release of Information Form authorized for use by HUD.
(3) "Disclose" or "disclosure" means the release of information or data with the consent, as indicated by a signed consent form, of the individual or individuals to whom the information pertains by either the division of unemployment insurance or the housing authority.
(4) "HUD" means the United States Department of Housing and Urban Development.
(5) "Information" means wage record and unemployment compensation information.
(6) "Louisiana Workforce Commission" means the Louisiana Workforce Commission and its subdivisions, including the office of unemployment insurance administration, or its successor.
(7) "Participant" means a person who receives benefits under a program covered by HUD and with respect to whom wage record or unemployment compensation information is sought.
(8) "Participating housing authority" means a housing authority that has entered into a cooperative agreement with the state Louisiana Workforce Commission.
(9) "Unemployment compensation information" means unemployment compensation claim or payment information from the administrator of the Louisiana Employment Security Law.
(10) "Wage record" means wage record information reported to the state by employers on a quarterly basis as provided in R.S. 23:1660(A).
Acts 1997, No. 1172, §6, eff. June 30, 1997; Acts 1997, No. 1188, §1; Acts 2007, No. 113, §3; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:562. Housing authorities' ability to obtain information

RS 40:562 - Housing authorities' ability to obtain information
Notwithstanding any provisions of law to the contrary, particularly the provisions of R.S. 23:1660(C), any housing authority in the state and the Louisiana Workforce Commission may enter into a cooperative agreement for the ongoing disclosure of wage records and unemployment compensation data. Such disclosure shall be made through a computer matching operation to be used by the housing authorities to determine initial and continuing eligibility of applicants for and participants in any housing assistance program covered by the United States Department of Housing and Urban Development.
Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:563. Procedures

RS 40:563 - Procedures
A. Each participating housing authority shall establish conditions, safeguards, and procedures for the ongoing disclosure of any information received under the authority of this Subpart. These procedures shall be in writing and shall be available, upon request, to all applicants and participants.
B. Each participating housing authority shall comply with the following measures to protect the confidentiality and unauthorized access or disclosure of wage record and unemployment compensation information:
(1) Wage record and unemployment compensation information shall be used only to the extent necessary to assist in the valid administrative needs of the housing authority performing HUD related activity.
(2) The information shall be stored in a place physically secure from access by unauthorized persons.
(3) Information in electronic format shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means.
(4) Only authorized personnel shall be given access to on-line files that may be created by the participating housing authorities.
C. No participating housing authority shall disclose any information provided under this Subpart except as follows:
(1) Any information may be given to the individual who is the subject of the information.
(2) Information about an individual may be given to an individual's attorney or other agent duly authorized by sworn affidavit if the information is needed in connection with a claim for HUD benefits or to respond to the housing authority's administrative findings.
(3) The housing authority may release this information as permitted by state and federal law.
(4) Any information may be given to HUD or another housing authority which administers programs covered under HUD, provided that each such housing authority agrees in writing to protect the confidentiality of such information in a manner consistent with the provisions of this Subsection.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:564. Violations

RS 40:564 - Violations
A. Any person who knowingly and willfully requests or obtains any wage record or unemployment compensation information under false pretense, or who knowingly and willfully discloses any such information in any manner to any individual not entitled under law to receive it shall be subject to criminal and civil penalties under all appropriate federal and state laws, including R.S. 23:1660(C) related to the improper disclosure of wage records and unemployment compensation data and federal penalties for improper disclosure of information of public housing authority records which are covered under the Privacy Act of 1974.
B. The contact person at any participating housing authority receiving wage record and unemployment insurance information shall promptly report any suspected or known request or disclosure violations to the Louisiana Workforce Commission and shall immediately deny the persons involved further access to such information.
Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:571. Finding and declaration of necessity

RS 40:571 - Finding and declaration of necessity
It has been found and declared in the Housing Authorities Law that there generally exist in urban and rural sections throughout the state, slum or blighted areas, unsafe or insanitary dwelling accommodations and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in the Housing Authorities Law constitutes a public use and purpose and an essential governmental function for which public monies may be spent and other aid given; that it is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction, or any housing development or redevelopment project located therein; as the state public body derives immediate benefits and advantages from such an authority development or project; and that the provisions hereinafter enacted are necessary and in the public interest.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:572. Definitions

RS 40:572 - Definitions
The following terms, whenever used or referred to in this Part, have the following respective meanings, unless a different meaning clearly appears from the context:
(1) "Blighted area" means an area, other than a slum area, where by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, submergence of lots by water or other insanitary or unsafe conditions, deterioration of site improvements, failure to install public utilities, diversity of ownership, tax delinquency, defective or unusual conditions of title, improper subdivision or obsolete platting, or any combination of such factors, the development of such blighted area, which may include some incidental building or improvements, into predominantly housing uses is being prevented.
(2) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.
(3) "Governing body" means the commission council, board of aldermen, council, board of commissioners, or other body having charge of the fiscal affairs of a state public body.
(4) "Housing authority" means any housing authority created by or pursuant to the Housing Authorities Law of this state.
(5) "Housing development" means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the federal government.
(6) "Redevelopment project" shall mean any work or undertaking:
(a) To acquire slum areas or blighted areas, including lands, structures or improvements the acquisition of which is necessary in order to assure the proper clearance and redevelopment of the entire slum or blighted area and to prevent the spread or recurrence of slum conditions or conditions of blight, thereby protecting the public health, safety, morals or welfare.
(b) To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan.
(c) To sell, lease, or otherwise make available land so acquired for residential, recreational, commercial, industrial or other use in accordance with the redevelopment plan.
(d) To make provisions for the repair, renovation, or rehabilitation of buildings and structures in the area so acquired in accordance with the redevelopment plan. The term "redevelopment project" also may include the preparation of a redevelopment plan and the initiation, planning, survey and other work incident to a redevelopment project and also the preparation of all plans and arrangements for carrying out a redevelopment project.
(7) "State public body" means any municipality, parish, commission, board district, authority, other subdivision or public corporation, or other public body of the state.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:574. Exception of contracts from requirements of appraisal; advertising and bidding

RS 40:574 - Exception of contracts from requirements of appraisal; advertising and bidding
Any sale, lease, or other agreement provided for in R.S. 40:573 may be made by a state public body without appraisal, public notice, advertising, or public bidding.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:575. Exception of certain developments from regulations of state public body

RS 40:575 - Exception of certain developments from regulations of state public body
With respect to any housing development which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the housing development or the manner of its construction or take any other action relating to its construction.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:576. Agreements on taxes due by housing authority; East Baton Rouge Parish excepted

RS 40:576 - Agreements on taxes due by housing authority; East Baton Rouge Parish excepted
In connection with any housing development located wholly or partly within the area in which it is authorized to act, any state public body, except in East Baton Rouge Parish, may agree with a housing authority or the federal government that a certain sum be paid by the authority in lieu of taxes for any year or period of years or that no taxes be paid it by the authority for any year or years on the property included in the development.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:577. Advances to housing authority

RS 40:577 - Advances to housing authority
Any parish or municipality located in whole or in part within the area of operation of a housing authority may, from time to time, lend or donate money to the authority or agree to take such action.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:578. Procedure for exercising powers

RS 40:578 - Procedure for exercising powers
The exercise by a state public body of the powers granted it in this Part shall be authorized by resolution of its government body, adopted by a majority of the members thereof present at the meeting of the governing body. This resolution may be adopted at the meeting at which it is introduced. It shall take effect immediately and need not be laid over, published, or posted.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.1. Definitions

RS 40:580.1 - Definitions
The following terms, whenever used or referred to in this Part, have the following respective meanings, unless a different meaning clearly appears from the context:
(1) "Council" means the legislative body, commission council, board of aldermen, or other body charged with governing a municipality.
(2) "Dwelling" means any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
(3) "Owner" means the holder of the title or a mortgagee, whose interest is shown of record or who is in possession of a dwelling, or any person in control of a dwelling, or the agent of any such person.
(4) "Parties in interest" means persons who have an interest of record in or who are in possession of a dwelling.
(5) "Public authority" means any housing authority of a municipality or any officer who is in charge of any department or branch of the government of the municipality, parish, or state relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality.
(6) "Public officer" means the officer or officers who are authorized by ordinance adopted under this Part to exercise the powers prescribed in the ordinance and by this Part.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.2. Slum conditions; action by municipality

RS 40:580.2 - Slum conditions; action by municipality
Whenever any municipality finds that there exists within it dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fires, accidents, or other calamities; lack of ventilation, light, or sanitary facilities, or other conditions rendering the dwellings unsafe and unsanitary and dangerous or detrimental to health, safety, or morals, or that there are dwellings therein which are otherwise inimical to the welfare of its residents, it may exercise its police powers to remedy or eliminate those conditions in the manner provided in this Part.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.3. Standards for determination of unfitness for human habitation

RS 40:580.3 - Standards for determination of unfitness for human habitation
An ordinance adopted by a municipality under this Part shall provide that the public officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist therein which are dangerous or injurious to the health, safety, or morals of the persons using it for human habitation or of the public. These conditions may include the following: defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. The ordinance may provide additional standards to guide the public officer or his agents in determining the fitness of a dwelling for human habitation.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.4. Complaints or orders; service; posting

RS 40:580.4 - Complaints or orders; service; posting
A. Complaints or orders issued by a public officer pursuant to an ordinance adopted under this Part shall be served upon persons either personally or by registered mail. If the whereabouts of the persons are unknown and cannot be ascertained by the public officer by the use of reasonable diligence and the public officer makes an affidavit to that effect, the complaint or order may be served by publication once each week for two successive weeks in a newspaper printed and published in the municipality, or, in the absence of such a newspaper, in one printed and published in the parish and circulating in the municipality in which the dwellings are located.
B. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy shall also be filed in the mortgage office of the parish in which the dwelling is located. This filing of the complaint has the same force and effect as the filing of lis pendens notices.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.5. Injunction against public officer

RS 40:580.5 - Injunction against public officer
A. Any persons affected by an order issued by the public officer may apply to the district court for an injunction restraining the public officer from carrying out the provisions of the order. The court may, upon such application, issue an order restraining the public officer pending final disposition of the cause. Hearings shall be had by the court on the application within twenty days of its filing, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar.
B. In all such proceedings the findings of the public officer as to facts, if supported by evidence, are conclusive. Costs shall be in the discretion of the court.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.7. Powers of public officers

RS 40:580.7 - Powers of public officers
An ordinance adopted by the council of the municipality may authorize the public officer to exercise any powers necessary or convenient to carry out and effectuate the purposes and provisions of this Part, including the following:
(1) To investigate the dwelling conditions in the municipality to determine which dwellings therein are unfit for human habitation.
(2) To administer oaths and affirmations and examine witnesses and receive evidence.
(3) To enter upon premises for the purpose of making examinations provided the entries are made in such manner as to cause the least possible inconvenience to the persons in possession.
(4) To appoint and fix the duties of such officers, agents, and employees as he thinks necessary to carry out the purposes of the ordinance.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.8. Estimates of annual expenses; appropriations and donations

RS 40:580.8 - Estimates of annual expenses; appropriations and donations
A. The council of any municipality adopting an ordinance under this Part, shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs of providing equipment, personnel, and supplies necessary for periodic examinations and investigations of the dwellings of the municipality for the purpose of determining the fitness of the dwellings for human habitation and for the enforcement and administration of its ordinances adopted under this Part.
B. Municipalities may make any appropriations from their revenues which they think necessary for this purpose and may accept and apply grants or donations to assist them in carrying out the provisions of such ordinances.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:580.9. Powers conferred in Part supplemental

RS 40:580.9 - Powers conferred in Part supplemental
A. Nothing in this Part abrogates or impairs the power of the courts or of any department of a municipality to enforce any provisions of its charter or its ordinances or regulations or to prevent or punish violations thereof.
B. The powers conferred by this Part are in addition and supplemental to the powers conferred by any other law.
Acts 1997, No. 1188, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:581. §§581, 582 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.

RS 40:581 - §§581, 582 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:581.1. §§581.1 to 581.41 repealed by Acts 1988, 1st Ex. Sess., No. 1, §10, eff. Mar. 28, 1988.

RS 40:581.1 - §§581.1 to 581.41 repealed by Acts 1988, 1st Ex. Sess., No. 1, §10, eff. Mar. 28, 1988.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:582.2. Declaration of purpose

RS 40:582.2 - Declaration of purpose
A. The legislature hereby finds and declares that there exists in many cities of the state many predominately low and moderate-income residential areas wherein housing conditions have deteriorated to the extent that existing structures must be extensively restored or rehabilitated to make them safe and habitable or cannot be economically rehabilitated and therefore must be demolished thus leaving unimproved vacant lots.
B. The legislature hereby finds and declares that there exists in those same predominately low and moderate-income residential areas such extensive physical, economic, and social ills and such liabilities as will normally discourage investment in either costly renovation or building new or replacement housing.
C. The legislature hereby finds and declares that the existence of dilapidated or deteriorated structures or unused or unimproved vacant lots in such blighted neighborhoods contributes to the further decline of those areas, reduces the tax base, and typically requires greater infusions of tax-supported services to alleviate unsafe and unsanitary conditions and to protect the public health and welfare.
D. The legislature hereby finds and declares further that it is a matter of public policy and concern that the conditions and problems enumerated in this Section be eliminated, remedied, and prevented, and one such means of eliminating these blighted conditions and associated problems is through the granting of tax incentives to stimulate the restoration, renovation, or rehabilitation of existing structures and the construction of new housing in designated blighted residential areas.
E. The legislature hereby finds and declares further that the purpose of this Part is to offer sales tax refunds as an inducement to prospective builders for the restoration, renovation, or rehabilitation of existing structures and the construction of new and reasonably affordable housing generally affordable for ownership by low to moderate-income families and individuals on vacant or unused parcels of property in designated housing development areas as defined in this Part.
Acts 1984, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:582.3. Definitions

RS 40:582.3 - Definitions
For purposes of this Part, the following terms shall have the meaning hereinafter ascribed to them unless the context clearly indicates otherwise:
(1) "Department" means the Department of Children and Family Services or its successor.
(2) "Governing authority" means the city council or other body charged with governing any incorporated municipality or any parish governing authority in the state or its duly authorized representative.
(3) "Housing development area" means an area approved by the United States Department of Housing and Urban Development under its Urban Development Action Grant Program, or a successor program, as a pocket of poverty or an area which by reason of the presence therein of slum, deteriorated, or deteriorating residential or non-residential buildings, structures, or improvements; or by reason of the existence of significant unsanitary, unhealthy, or other hazardous conditions which endanger the public health, safety, morals, or welfare; or by reason of the existence of any combination of the herein stated causes, factors, or conditions results in a condition in that area which substantially retards or arrests the safety and soundness of the housing environment.
(4) "Low and moderate-income families and individuals" means those families and individuals whose gross annual income does not exceed one hundred twenty per cent of metropolitan statistical area or parish income as adjusted by family sizes based on data from the United States Census Bureau or another acceptable and appropriate data source.
(5) "Person" means any individual, firm, partnership, corporation, association, or body politic and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.
(6) "Rehabilitation" means the provision of improvement to a substandard structure in order that it attains at a minimum United States Department of Housing and Urban Development's Section 8 Housing Quality Standards and/or local codes after improvements are completed.
Acts 1984, No. 292, §1; Acts 1988, No. 625, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:582.4. Designation of area

RS 40:582.4 - Designation of area
The department shall establish criteria which it shall use and which shall be used by governing authorities in identifying potential housing development areas giving consideration to each of the following criteria:
(1) Approved pocket-of-poverty designations provided by the U.S. Department of Housing and Urban Development under its Urban Development Action Grant Program or a successor program.
(2) Age and relative condition of area housing stock and nonresidential structures.
(3) Per capita income of area residents.
(4) Number of area vacant lots suitable for new housing construction.
(5) Conformance with the affected municipality's master or comprehensive plan and zoning ordinance, if any.
(6) Such other measurable criteria as are deemed reasonable and necessary to determine whether or not an area qualifies for a housing development area designation.
Acts 1984, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:582.5. Duties and responsibilities of governing authority

RS 40:582.5 - Duties and responsibilities of governing authority
The governing authority or its duly authorized designee shall agree and be empowered to do the following:
(1) Hold a public hearing on the proposed housing development area after giving not less than seven days advance notice by publication of a notice at least one time in a newspaper of general circulation in the municipality. The notice shall indicate the date, time, place, and purpose of the hearing and depict the boundaries of the proposed housing development area under consideration.
(2) Upon completion of the required public hearing, take appropriate official action to approve the housing development area or areas; to authorize submission of required information to the department; and to authorize at its discretion municipal or parish sales tax refunds subject to fulfillment of applicable regulatory and statutory requirements.
(3) Accept applications from persons proposing to restore, renovate, or rehabilitate existing structures or to construct new housing generally affordable for purchase by low to moderate-income families and individuals in department-approved housing development areas.
(4) Promulgate rules, regulations, and procedures to effectuate its duties and authorities.
(5) Assist the department in evaluating progress made in any housing development area within its jurisdiction.
Acts 1984, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:582.6. Duties and responsibilities of the department

RS 40:582.6 - Duties and responsibilities of the department
The department shall be authorized to administer the provisions of this Part and shall have the following powers and duties:
(1) To review and approve or disapprove of housing development areas only after receiving certified documents evidencing approval thereof by the appropriate governing authority and agreement by that governing authority to refund local sales taxes for the purposes and under the conditions set forth in this Part.
(2) To accept upon sale of the new, restored, renovated, or rehabilitated housing provided under this Part evidence from the governing authority of the sales tax refund due; to review the evidence; and to certify to the Department of Revenue that a state sales tax refund is due and payable by that department.
(3) To monitor the implementation and operation of this Part and conduct a continuing evaluation of the progress made in housing development areas.
(4) To submit an annual report evaluating the effectiveness of the program and any suggestions for legislation to the governor and the legislature no later than the first day of March of each year.
(5) To notify each legislator whose district includes any portion of a housing development area when the department approves that designation.
(6) To promulgate rules, regulations, and procedures to effectuate this Part in accordance with the Administrative Procedure Act.
Acts 1984, No. 292, §1; Acts 1997, No. 658, §2.