reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1598 - Commissioners; terms.

71-1598.
Commissioners; terms.
In the case of local housing agencies, 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. In the case of housing agencies when the appointing authority has elected to have more than five commissioners as provided in section 71-1594 or has elected to add one or two commissioners to a presently existing housing agency, the sixth commissioner who is first appointed shall be designated to serve for a term of four years and the additional commissioners who are first appointed shall be designated to serve for terms of five years from the date of appointment, but thereafter the commissioners shall be appointed for terms of five years.
Source
Laws 1999, LB 105, § 27;
Laws 2018, LB399, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1599 - Commissioners; vacancies.

71-1599.
Commissioners; vacancies.
All vacancies shall be filled for the unexpired terms. A vacancy shall be filled not later than six months after the date of such vacancy by the same authority and in the same manner as the previous commissioner whose position has become vacant was appointed.
Source
Laws 1999, LB 105, § 28;
Laws 2020, LB1003, § 185.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,100 - Certificate of appointment or reappointment.

71-15,100.
Certificate of appointment or reappointment.
A certificate of the appointment or reappointment of any commissioner shall be filed with the secretary or clerk of the governing body making or confirming the appointment or reappointment, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.
Source
Laws 1999, LB 105, § 29.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,101 - Commissioner; qualifications; requirements.

71-15,101.
Commissioner; qualifications; requirements.
Every commissioner shall be a resident of the area of operation of the housing agency which he or she has been appointed to serve. However, if after appointment a commissioner ceases to reside in the local housing agency'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 sections 71-1594 to 71-15,105. Any commissioner who ceases to reside within the area of operation of the local housing agency in which such commissioner serves shall immediately so inform the board of commissioners of the agency and the appointing authority of his or her change in residence. No person who has been convicted of a felony shall be eligible for appointment or service as a commissioner.
Any commissioner of a local housing agency for a city of the metropolitan class shall, at the expense of the local housing agency, attain a commissioner's certification from the National Association of Housing and Redevelopment Officials, or equivalent certification from a nationally recognized professional association in the housing and redevelopment field as determined by the local housing agency, within twelve months after the date of appointment or by December 31, 2019, whichever is later, or shall be deemed to have resigned his or her position effective at the end of that time.
Source
Laws 1999, LB 105, § 30;
Laws 2018, LB399, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,102 - City of the metropolitan class; commissioner; requirements.

71-15,102.
City of the metropolitan class; commissioner; requirements.
In the case of a city of the metropolitan class, (1) at least one commissioner shall be a member of a racial minority and (2) at least one commissioner shall have experience in the following professions: (a) Real estate development or management; (b) accounting, banking, or finance; and (c) law or business management. A single commissioner may satisfy more than one of the requirements provided in subdivisions (2)(a) through (c) of this section.
Source
Laws 1999, LB 105, § 31;
Laws 2018, LB304, § 1;
Laws 2018, LB399, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,103 - Commissioner; city representative; required; when.

71-15,103.
Commissioner; city representative; required; when.
The governing body of any city other than a city of the metropolitan class in which a housing agency has been or may be created may appoint one of its members to serve as one of the five commissioners of such housing agency for such term as the governing body may determine. Notwithstanding any other provision of the Nebraska Housing Agency Act, it shall not be considered a conflict of interest if such person so appointed as a commissioner votes on any matter involving the city. If the governing body of the city intends that a commissioner's appointment is made with the intention that such commissioner represent the city, then his or her certificate of appointment shall so state. If any such commissioner so appointed and designated ceases to serve as a member of the governing body of a city, then his or her term of office shall automatically terminate and a successor shall be appointed to fill the vacancy in the manner provided in sections 71-1594 to 71-15,105.
Source
Laws 1999, LB 105, § 32;
Laws 2018, LB399, § 5.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,104 - Resident commissioner; selection; procedure.

71-15,104.
Resident commissioner; selection; procedure.
(1) Each housing agency created under the Nebraska Housing Agency Act shall include among the commissioners constituting the governing body of such local housing agency at least one commissioner who shall be known as a resident commissioner. For purposes of this section, resident commissioner means a member of the governing board of a local housing agency whose eligibility for membership is based upon such person's status as a recipient of direct assistance from the agency except as otherwise provided in this section.
(2) No later than thirty days after any vacancy in the office of a resident commissioner, the local housing agency shall notify any resident advisory board or other resident organization and all adult persons directly assisted by such agency to the effect that the position of resident commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the local housing agency within thirty days of the person's willingness to be considered and to serve in the position.
(3) The resident commissioner shall be selected, either by an election or by appointment, as follows:
(a) The housing agency may hold an election, allowing each adult direct recipient of its assistance to vote by secret written ballot, at such time and place, or through the mail, as such agency may choose, all to be conducted within thirty days after the receipt of names of candidates as provided in subsection (2) of this section. The candidate receiving the most votes shall serve as resident commissioner;
(b) If the housing agency decides not to hold an election, the names of all persons interested who have notified the housing agency of their interest in so serving shall be forwarded to the mayor or to the county board, as the case may be, and the resident commissioner shall be appointed from the list of names, as provided in section 71-1594, subject to confirmation as provided in section 71-1596. In the case of a regional housing agency, the regional board of commissioners shall make such an appointment from among the persons interested in such position; and
(c) If no qualified person has submitted to the local housing agency his or her name as a candidate for the position, then the mayor, county board, or regional housing agency, as the case may be, shall fill the position from among all adult persons receiving direct assistance from the agency subject to confirmation, in the case of cities and counties, pursuant to section 71-1596. If a local housing agency owns fewer than three hundred low-income housing units which, for purposes of this subdivision, does not include units of housing occupied by persons assisted under any rental assistance program and the housing agency has received no notification of interest in serving as a resident commissioner as provided in this section, no resident commissioner shall be required to be selected.
Source
Laws 1999, LB 105, § 33;
Laws 2018, LB399, § 6.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,105 - Commissioner; removal; procedure.

71-15,105.
Commissioner; removal; procedure.
(1) A commissioner of a local housing agency may be removed for neglect of duty, misconduct in office, or conviction of any felony by the chief elected official of the city or county appointing the commissioner, or if no chief elected official exists, then by the governing body. A commissioner of a regional housing agency may be removed for any of such grounds by the governing body of the city or county that originally appointed the commissioner.
(2) The chief elected official or the governing body, as the case may be, which seeks to remove a commissioner shall send a notice of removal to such commissioner, which notice shall set forth the charges against him or her. Unless within ten days from the receipt of such notice the commissioner files with the clerk or secretary of the city's or county's governing body a request for a hearing before the governing body, the commissioner shall be deemed removed from office. If a request for hearing is so filed, the governing body of the city or county, as the case may be, shall hold a hearing not sooner than ten days after the date a hearing is requested, at which hearing the commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be upheld. If the removal is not upheld by the governing body, the commissioner shall continue to hold his or her office.
(3) All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.
Source
Laws 1999, LB 105, § 34.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,106 - Officers; executive director; employees.

71-15,106.
Officers; executive director; employees.
The commissioners of each housing agency shall elect a chairperson and vice-chairperson from among the commissioners and shall have power to employ an executive director who shall serve as ex officio secretary of the local housing agency. The agency may also employ legal counsel or engage the attorney of the city or county served by the agency for such legal services as the agency may require unless such employment or engagement will result in an ethical or legal violation. The agency may employ accountants, appraisers, technical experts, and such other officers, agents, and employees as the agency may require and shall determine their qualifications, duties, compensation, and terms of office. A local housing agency may delegate to one or more of its agents or employees such powers and duties as it may deem proper.
Source
Laws 1999, LB 105, § 35.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,107 - Commissioner; expenses.

71-15,107.
Commissioner; expenses.
A commissioner shall receive no compensation for his or her services but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of his or her duties on the same basis as provided in sections 81-1174 to 81-1177.
Source
Laws 1999, LB 105, § 36.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,108 - Local housing agency; dissolution; conditions.

71-15,108.
Local housing agency; dissolution; conditions.
Any local housing agency may by written resolution elect to dissolve, except that no such dissolution or any transfer of property pursuant to dissolution shall occur unless the following conditions are met:
(1) The governing body of the city or county which established the local housing agency so dissolving has consented thereto;
(2) The dissolving agency has designated another local housing agency or another city, county, or public agency of this state, which may be the city or county for which the agency was formed, as the transferee of its assets and liabilities in dissolution;
(3) The local housing agency, city, county, or other public agency receiving such property or assets and the political subdivision which established it consent thereto by resolution or ordinance; and
(4) All obligees of bonds or other evidences of indebtedness of such transferring or dissolving agency 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 agency and the federal government have consented thereto in writing or as otherwise provided in the contracts. No such transfer shall in any way diminish or impair the obligations of any transferring agency.
Source
Laws 1999, LB 105, § 37.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,109 - Local housing agency; dissolution; transfer of rights, property, and liability.

71-15,109.
Local housing agency; dissolution; transfer of rights, property, and liability.
Within a reasonable time subsequent to approval by all necessary parties of a local housing agency's resolution to dissolve, the agency shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the agency's property, the receiving local housing agency, city, county, 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 agency had. Upon dissolution and transfer, all rights, contracts, agreements, obligations, and property, real and personal, of such transferring agency shall be in the name of, and vest in, such receiving local housing agency, city, county, or other public agency and all obligations of such transferring local housing agency shall be the obligations of such receiving local housing agency, city, county, or other public agency. All rights and remedies of any person against such transferring local housing agency may be asserted, enforced, and prosecuted against such receiving local housing agency, city, county, or other public agency to the same extent as they might have been asserted, enforced, and prosecuted against such transferring local housing agency.
Source
Laws 1999, LB 105, § 38.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,110 - Local housing agency; dissolution; effect on area of operation.

71-15,110.
Local housing agency; dissolution; effect on area of operation.
After any dissolution and transfer, notwithstanding anything contained in section 71-1588, the area of operation of the receiving local housing agency shall include, nonexclusively, the area of operation of the transferring local housing agency.
Source
Laws 1999, LB 105, § 39.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,111 - Regional housing agency; dissolution; procedure.

71-15,111.
Regional housing agency; dissolution; procedure.
A regional housing agency desiring to dissolve may do so in the same manner as provided in sections 71-15,108 and 71-15,109, except that consent of all participating cities and counties shall be required and the transfer of property and assets of the regional housing agency upon dissolution may be effected either to a single transferee or to multiple transferees, as the agency shall determine, subject to approval by the participating political subdivisions.
Source
Laws 1999, LB 105, § 40.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,112 - Local housing agency; general powers.

71-15,112.
Local housing agency; general powers.
(1) A local housing agency shall possess all powers necessary, convenient, or desirable in carrying out the purposes of the Nebraska Housing Agency Act, exercising any power provided in the act, and engaging in any activity related to furthering the purposes of the act. Such powers shall include, but shall expressly not be limited to, the powers enumerated in this section and section 71-15,113 or stated elsewhere in the act or in other applicable law.
(2) The powers enumerated in the act may be exercised singly or in any combination. The enumeration of any power shall not require, expressly or by implication, that any local housing agency is required to exercise such power.
Source
Laws 1999, LB 105, § 41.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,114 - Housing agency; borrow money and issue bonds; liability.

71-15,114.
Housing agency; borrow money and issue bonds; liability.
(1) A housing agency may borrow money, incur indebtedness, and issue bonds, notes, or other instruments from time to time in its discretion upon such terms and conditions as it shall deem necessary or desirable for any purpose permitted under the Nebraska Housing Agency Act, including paying or retiring debt previously incurred by it. This section, without reference to other statutes of the state, shall constitute full and complete authority for the authorization, issuance, delivery, and sale of bonds, notes, or other instruments under the act, and such authorization, issuance, delivery, and sale by the housing agency shall not be subject to any conditions, restrictions, or limitations imposed by any other law. For purposes of the act, obligations of a housing agency shall include all bonds, notes, or other instruments that are evidences of indebtedness. Such obligations may also include, but not be limited to, borrowings in anticipation of the receipt of proceeds from the sale of bonds, notes, or other instruments.
(2) Neither the commissioners of a housing agency nor any person executing the bonds shall be liable personally on any bonds, notes, or other instruments by reason of the issuance thereof.
(3) The obligations of a housing agency, including any bonds, notes, or other evidences of indebtedness, shall not be a debt of the city, the county, the state, or any public agency thereof, and the obligations shall so state on their face. Except as the state, a city, a county, or any other public agency shall otherwise expressly agree, and further except as the obligations of a housing agency, duly authorized by such agreement, shall specifically and directly otherwise provide, neither the state nor any city, county, or public agency other than the housing agency issuing the bonds shall be liable thereon, nor shall such bonds or obligations be payable out of any funds or properties other than those of such issuing housing agency pledged to the payment thereof or any guarantor or insurer thereof.
(4) The obligations of a housing agency shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
Source
Laws 1999, LB 105, § 43.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,115 - Housing agency; obligations; issuance and sale.

71-15,115.
Housing agency; obligations; issuance and sale.
(1) Obligations of a housing agency shall be authorized by a resolution adopted by a vote of a majority of the board of commissioners.
(2) The obligations of an agency, including bonds, notes, and other evidences of indebtedness, may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such fixed or variable rate or rates, be in such denominations, be in such form, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments and 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.
(3) The obligations of an agency, including bonds, notes, and other evidences of indebtedness, may be sold at public or private negotiated sale, without any public advertisement, at par, or at any discount or premium, as the resolution authorizing them provides. A housing agency issuing obligations may enter into such agreements and arrangements with third parties for the marketing of its obligations as it shall deem appropriate.
Source
Laws 1999, LB 105, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,116 - Obligations; validity and enforceability.

71-15,116.
Obligations; validity and enforceability.
(1) In case any of the representatives of the housing agency whose signatures appear on any obligations cease to be commissioners, officers, or agents of the issuing agency before the delivery of such obligations, 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, obligations issued pursuant to the Nebraska Housing Agency Act are fully negotiable unless otherwise provided in the resolution authorizing the same.
(2) No suit, action, or proceeding involving the validity or enforceability of any obligation of a housing agency may be commenced after delivery of the obligation. In any suit, action, or proceeding involving the validity or enforceability of any obligation of a housing agency or the security therefor, any such obligation reciting in substance that it has been issued by the housing agency to aid in financing a development or activity furthering the purposes of the act is conclusively deemed to have been issued in accordance with the act, and any development financed thereby and with respect to which such recitation is made shall be conclusively deemed to have been planned, located, and constructed in accordance with the act.
Source
Laws 1999, LB 105, § 45.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,118 - Obligee; rights.

71-15,118.
Obligee; rights.
An obligee of a housing agency, 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 agency and its representatives to perform each and every term, provision, and covenant contained in any contract of the housing agency with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the housing agency and the fulfillment of all duties imposed upon the housing agency by the Nebraska Housing Agency Act; and
(2) By action or proceeding, enjoin any acts or things which may be unlawful or which violate any rights of the obligee.
Source
Laws 1999, LB 105, § 47.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,119 - Obligee; powers conferred.

71-15,119.
Obligee; powers conferred.
A housing agency, by its resolution, trust indenture, mortgage, lease, or other contract, may in its discretion elect to confer upon any obligee holding or representing a specified amount in bonds or other instruments or holding a lease such rights as the housing agency determines are necessary or desirable in order to generate revenue or which it otherwise deems to be in its best interests and in furtherance of its purposes. Such rights, which shall be exercisable upon the happening of an event of default as defined in such resolution or instrument, are cumulative of all rights otherwise conferred and may, in the agency's discretion, include any one or more of the following rights, which shall be enforceable by suit, action, or proceeding in any court of competent jurisdiction:
(1) The right to cause possession of any housing development or any part thereof to be surrendered to an obligee;
(2) The right to obtain the appointment of a receiver for any housing development or part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing development or any part thereof and operate and maintain it and collect and receive all fees, rents, revenue, or other charges thereafter arising therefrom and shall keep such money in separate accounts and apply them in accordance with the obligations of the housing agency as the court directs; and
(3) The right to require the housing agency to account as if it were the trustee of an express trust.
Source
Laws 1999, LB 105, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,120 - Investments in obligations authorized.

71-15,120.
Investments in obligations authorized.
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 money or funds belonging to them or within their control in any obligations issued by a housing agency, and such obligations shall be authorized security for all public deposits. It is the purpose of the Nebraska Housing Agency Act to authorize any of such persons 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 obligations. Nothing contained in the act shall be construed as relieving any person, firm, or corporation from any duty or exercising reasonable care in selecting securities. The provisions of the act shall apply notwithstanding any restrictions on investments contained in other laws.
Source
Laws 1999, LB 105, § 49.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,121 - Tax status of bonds and other obligations.

71-15,121.
Tax status of bonds and other obligations.
(1) All bonds, notes, certificates, and other instruments evidencing indebtedness of a housing agency or any controlled affiliate 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 agency 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.
(2) All bonds, notes, certificates, and other instruments evidencing indebtedness or conveying equity participations issued by a local housing agency or any controlled affiliate thereof are deemed to be issued for an essential governmental purpose.
(3) A local housing agency may issue bonds, notes, certificates, or other instruments evidencing indebtedness on behalf of others to carry out any purpose authorized by the Nebraska Housing Agency Act.
Source
Laws 1999, LB 105, § 50.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,122 - Revenue; how treated.

71-15,122.
Revenue; how treated.
The operation of housing developments and the other activities permitted to be undertaken by a local housing agency under the Nebraska Housing Agency Act, and all income, fees, or revenue derived or generated therefrom and belonging to such local housing agency, are for public uses and purposes, are not used or held for profit, and are governmental functions of state concern. No income, fees, or revenue received by a local housing agency, from whatever source, shall be used as a source of revenue for any city or county establishing the local housing agency or for any other public agency, nor shall any net income, fees, or net revenue 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 the act.
Source
Laws 1999, LB 105, § 51.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,124 - Mixed-income developments; restrictions; requirements.

71-15,124.
Mixed-income developments; restrictions; requirements.
(1) With respect to any mixed-income development that is constructed or acquired after January 1, 2000, and is solely owned by a local housing agency, not more than sixty percent of the dwelling units in such development shall be occupied by persons who are not persons of eligible income, and no person occupying such a development shall have an income at initial occupancy which exceeds one hundred percent of the median income in the county in which the development is located. This authority is granted only if the agency has made a determination that such housing is an appropriate component for providing safe and sanitary housing for persons of eligible income.
(2) With respect to any mixed-income development that is not solely owned by a local housing agency, the proportion of the development that is intended to be affordable to persons of eligible income shall be equal to or greater than the proportion of financial resources for the development which are provided by the local housing agency. The proportion shall be determined in accordance with such reasonable method as shall be adopted by the agency. The proportion may be based upon a proportion of dwelling units, bedrooms, square footage, or any other criteria deemed reasonable and appropriate by the local housing agency. The determination of such proportion shall take into account any special benefits accruing to an agency by virtue of its status as such, including, among other things (a) the capital value of all subsidies and other assistance provided by the agency or by other public sources on behalf of the agency, (b) tax exemptions available because of the agency's participation, and (c) interest savings attributable to tax-exempt financing or to below market interest rates that are available because of the participation of the local housing agency or the presence in the development of dwelling units to be occupied by persons of eligible income.
(3) A local housing agency may determine the period during which any unit shall be designated for occupancy only by persons of eligible income. Dwelling units in a mixed-income development that are designated for occupancy by persons of eligible income need not be particular units that are permanently so designated, and the physical location of the units so designated may change from time to time.
Source
Laws 1999, LB 105, § 53.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,125 - Income, surplus, and payments; use.

71-15,125.
Income, surplus, and payments; use.
All income, surplus, and payments received by a local housing agency, or to which such agency shall become entitled, shall be used for carrying out the purposes of the Nebraska Housing Agency Act.
Source
Laws 1999, LB 105, § 54.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,126 - Policies and procedures; standards.

71-15,126.
Policies and procedures; standards.
A local housing agency 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.
Source
Laws 1999, LB 105, § 55.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,127 - Discretionary powers; how construed.

71-15,127.
Discretionary powers; how construed.
Nothing contained in the Nebraska Housing Agency Act 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 agency to exercise any one or more of its discretionary powers.
Source
Laws 1999, LB 105, § 56.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,128 - Noncontrolled affiliates; treatment.

71-15,128.
Noncontrolled affiliates; treatment.
Noncontrolled affiliates of housing agencies shall not, by virtue of their affiliation with such local housing agencies, become subject to the laws of this state applicable to public agencies and their governing bodies, including, but not limited to, laws pertaining to public disclosure of records, open meetings, minimum wage rates applicable to government contracts and employees, procurement of goods and services, and laws relating to public employees.
Source
Laws 1999, LB 105, § 57.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,129 - Financing; limitations.

71-15,129.
Financing; limitations.
No guaranty, other recourse obligation, mortgage, or security instrument, or other recourse instrument, given or entered into by a housing agency 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 agency 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 agency's board of commissioners has 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 agency other than the development for which such financing will be used;
(3) Is prudent and sound as required under section 71-15,130; and
(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 agency.
Source
Laws 1999, LB 105, § 58.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,131 - Special limited fund; authorized; restrictions on use.

71-15,131.
Special limited fund; authorized; restrictions on use.
Neither a housing agency nor any controlled affiliate shall lend its credit to or guarantee or be a surety for the indebtedness or performance of any noncontrolled affiliate or third party, or any other individual or entity other than another public agency of the state, except as provided in this section. The housing agency or any controlled affiliate may establish a special limited fund which shall be segregated from all other funds, assets, and properties of the housing agency or any controlled affiliate and shall be deposited separately from all other deposits of the housing agency or any controlled affiliate. The special limited fund may be funded only from the rents and revenue of the housing agency or any controlled affiliate or from contributions, grants, or donations from other public or private sources which have been designated for such purpose. Any loan of credit, guarantee, or suretyship to any individual or entity other than another public body of this state shall be limited to the amount of the special limited fund, and neither the general credit nor any other asset or property of the housing agency, any controlled affiliate, the state, or any other public agency of the state shall be liable whatsoever for any such loan of credit, guarantee, or suretyship. Any such loan of credit, guarantee, or suretyship shall only be used for the purposes of expanding the availability of affordable housing to persons of eligible income in accordance with the provisions of the Nebraska Housing Agency Act. No such loan of credit, guarantee, or suretyship shall be valid unless in writing, which writing shall state on its face the limitations contained in this section, including the nonliability of the state and all other public agencies, and the loan of credit, guarantee, or suretyship shall be also subject to such other rules and regulations as the housing agency shall prescribe.
Source
Laws 1999, LB 105, § 60.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,132 - Dwelling units; occupancy eligibility.

71-15,132.
Dwelling units; occupancy eligibility.
Except as otherwise provided in the Nebraska Housing Agency Act with respect to mixed-income developments or except as otherwise permitted by law, dwelling units in a local housing agency'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 agency may allow police officers, elected officials, and maintenance and management employees not otherwise eligible for residence to reside in dwelling units in the housing agency's developments.
Source
Laws 1999, LB 105, § 61.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,133 - Plan for selection of applicants.

71-15,133.
Plan for selection of applicants.
Each housing agency shall adopt and promulgate fair and equitable 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 such policies. Such policies and plans may, but shall not be required to, include the following:
(1) A local housing agency 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 (a) has committed any fraud or made any material misrepresentation or omission in connection with any application for assistance or (b) has committed any fraud or made any material misrepresentation or omission in connection with any previous application for any public assistance or in connection with any determination or redetermination of eligibility;
(2) Preferences to give priority to persons displaced by public or private action, to families of veterans and servicemen and servicewomen, to families whose members are gainfully employed, to citizens of the United States or the state, to disabled persons or elderly persons, and such other preferences, as well as priorities within each preference category, as the local housing agency 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 agency deems appropriate; and
(4) Without limiting subdivisions (1) through (3) of this section, the local housing agency 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.
Nothing contained in this section shall prevent a housing agency 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 agency or from requiring annual renewal of applications.
Source
Laws 1999, LB 105, § 62.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,134 - Discrimination prohibited.

71-15,134.
Discrimination prohibited.
Nothing contained in the Nebraska Housing Agency Act shall limit the ability of any local housing agency 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 (1) for different developments or portions thereof or (2) 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, except that a housing agency shall not discriminate on the basis of race, national origin, or religion.
Source
Laws 1999, LB 105, § 63.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,135 - Current occupants; how treated.

71-15,135.
Current occupants; how treated.
Households which are already in occupancy or are receiving assistance but which become ineligible for occupancy or other assistance by reason of income may continue their occupancy or receipt of other assistance at the discretion of the local housing agency for such period, upon such terms and conditions, and, in the case of continued occupancy, in exchange for such rent, but not less than any applicable minimum rent, as the agency shall determine to be appropriate.
Source
Laws 1999, LB 105, § 64.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,136 - Lease; terms and conditions.

71-15,136.
Lease; terms and conditions.
The local housing agency may require that each household occupying a dwelling unit enter into a lease containing such terms and conditions and for such duration as the agency reasonably deems appropriate. No tenant or lessee of, or recipient of assistance from, a local housing agency shall have any right to the renewal of any lease, tenancy, right of occupancy, or assistance, except as expressly agreed by the agency. All members of the household who are permitted to reside in a dwelling unit must be identified in any lease of a dwelling.
Source
Laws 1999, LB 105, § 65.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,137 - Change in household; effect.

71-15,137.
Change in household; effect.
In the event of a change in the composition of a tenant household, the local housing agency shall have the authority to determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing agency may adopt such reasonable rules and procedures governing such determinations as it deems appropriate.
Source
Laws 1999, LB 105, § 66.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,138 - Termination of tenancy; conditions.

71-15,138.
Termination of tenancy; conditions.
Except as provided in the Nebraska Housing Agency Act, the landlord-tenant relationship, and the termination thereof, is governed by state law applicable to privately owned residential property. Without limiting such provision, a local housing agency may terminate the tenancy of a household or a resident or terminate any other assistance provided by such agency for:
(1) The commission of any fraud or any material misrepresentation or omission on the part of any recipient of assistance or member of a resident household in connection with any application for assistance or any determination or redetermination of eligibility therefor, or in connection with any investigation or determination of the local housing agency regarding compliance by the household with the terms of any lease or the agency's rules and regulations; or
(2) Any other violation of one or more provisions of any lease or agreement with the local housing agency to which a recipient of assistance or a resident is a party or any of the agency's rules or regulations duly promulgated.
Source
Laws 1999, LB 105, § 67.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,140 - Personal property; rules and regulations.

71-15,140.
Personal property; rules and regulations.
A housing agency may adopt and promulgate reasonable rules and regulations consistent with the purposes of the Nebraska Housing Agency Act concerning personal property of residents and other persons located in a development of the agency, and if such personal property is not removed from a dwelling unit at the time of the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any resident, an agency may remove the same and store such property in a secure location at the resident's risk and expense. If possession of such personal property is not taken by the resident or other person authorized by law to take possession within fourteen days after such termination, vacation, abandonment, or death and if any storage removal charges remain unpaid, then the housing agency may, at its option, dispose of the personal property in any manner which the authority deems fit. In no case shall any employee or relative of an employee of the housing agency take ownership of such property. No resident or other person shall have any cause of action against the housing agency for such removal or disposition of such personal property.
Source
Laws 1999, LB 105, § 69;
Laws 2018, LB304, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,141 - Report; false report; penalty; audits.

71-15,141.
Report; false report; penalty; audits.
(1) Within nine months after the end of each fiscal year, each local housing agency shall prepare a report summarizing such agency's activities for the year then ended. The report shall contain financial statements depicting the financial condition of the agency, 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 agency's board of commissioners and signed by its chairperson.
(2) The annual report of a local housing agency 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 agency. A local housing agency shall also file its annual report with the city or county clerk promptly upon completion thereof. Regional housing agencies shall file annual reports with the appropriate officials of all participating political subdivisions.
(3) Any employee or member of the board of commissioners of a local housing agency who approves, signs, or files an annual report of an agency knowing it is materially false or misleading shall be guilty of a Class II misdemeanor.
(4) The financial statements contained in annual reports of local housing agencies with gross revenue of two hundred fifty thousand dollars or more shall be audited annually. The financial statements of agencies with gross revenue of less than two hundred fifty thousand dollars shall be audited at least biennially. A copy of each audit report shall be filed with the Auditor of Public Accounts within nine months after the end of each fiscal year in which such agency is required to file an audit report or in which an audit report of such agency is prepared. Each local housing agency audit shall be conducted in accordance with generally accepted accounting principles, except that if the agency is a recipient of federal assistance, the audit shall be conducted in accordance with any accounting principles required by the federal government.
Source
Laws 1999, LB 105, § 70;
Laws 2003, LB 150, § 1;
Laws 2018, LB304, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-15,142 - Plan for location and boundaries; approval required.

71-15,142.
Plan for location and boundaries; approval required.
Before any local housing agency shall construct any new development for housing purposes, it shall submit to the governing body of the city or county creating such agency, as the case may be, or to the governing body of the political subdivision which has zoning jurisdiction for the site or sites of such new development, in the case of regional housing agencies, a plan indicating the general location or locations and boundaries of the proposed site or sites for any such development, which plans shall be subject to the approval of such governing body, and such governing body may, in its discretion, submit such plan to the planning department, if any, of the city or county, as the case may be, for that department's comments and recommendations.
Source
Laws 1999, LB 105, § 71;
Laws 2018, LB304, § 4.