reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-500. Disposition of surplus real property.

(A) Whenever an authority created pursuant to this chapter or Chapter 11 determines that real property acquired in accordance with this chapter, Chapter 10, or Chapter 11 of this title is surplus to its needs, it may so declare by resolution of its commissioners and proceed to sell the real property at public sale; provided that the sale has the prior approval of the council of the city for which the authority was created and that the approval by the council is given only after a public hearing on the proposed sale.
(B) As used in subsection (A), an authority's real estate shall not be considered "surplus to its needs" where the authority's commissioners have determined that, although the real estate is no longer needed for its original purpose, the real estate:
(1) is suitable for use by the authority for its other purposes or programs, including any home ownership program which provides for the sale of dwellings to persons of low income; provided that the home ownership program has received the prior approval of the council of the city for which the authority was created;
(2) is desired for use by another state or local public body for its own public projects or programs, and the authority's commissioners have determined that the real estate should be conveyed to the other public body; provided that the sale or exchange, with or without consideration, has received the prior approval of the council of the city for which the authority was created; or
(3) is permitted to be sold or exchanged by the laws of this State in the implementation of any slum clearance or redevelopment project; provided that the sale or exchange has received the prior approval of the council of the city for which the authority was created.
HISTORY: 1962 Code Section 36-127.1; 1975 (59) 580; 1998 Act No. 335, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-510. Studies and investigations; dissemination of information.

In addition to all its other powers a housing authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs and of the meeting of such needs, including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and the meeting thereof, and may make the results of such studies and analyses available to the public and the building, housing and supply industries. It may also engage in research and disseminate information on the subject of housing.
HISTORY: 1962 Code Section 36-132; 1952 Code Section 36-132; 1946 (44) 1425.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-520. Power of examination; subpoenaing witnesses and production of books and records.

Each authority created under this chapter and Chapter 11 may conduct examinations, subpoena witnesses and require the attendance of witnesses and the production of books and records and may issue commissions for the examination of witnesses who are out of the jurisdiction, unable to attend before the authority or excused from attendance. An authority may delegate the powers conferred on it by this section to a committee appointed by it, consisting of one or more members of the authority, or to its counsel or any officer or employee specifically authorized by it. Any member of the authority, its counsel or any person designated by it to conduct an investigation or examination may administer oaths, take affidavits and issue subpoenas or commissions.
HISTORY: 1962 Code Section 36-133; 1952 Code Section 36-133; 1942 Code Section 5271-39; 1934 (38) 1368.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-530. Management and operation of housing projects; profits unlawful.

It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing decent, safe and sanitary dwelling accommodations and that no housing authority shall construct or operate any such project for profit or as a source of revenue to the city. To this end an authority shall fix the rentals for dwellings in its projects at no higher rate than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient (a) to pay, as they become due, the principal and interest on the bonds of the authority, (b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority and (c) to create, during not less than the six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve.
HISTORY: 1962 Code Section 36-134; 1952 Code Section 36-134; 1942 Code Section 5271-41; 1937 (40) 431.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-540. Rental and tenant selections.

In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:
(1) It may rent or lease the dwelling accommodations in the projects only to persons of low income or to persons of moderate to low income and at rentals within the financial reach of such persons;
(2) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it considers necessary to provide safe and sanitary accommodations to the proposed occupants of the accommodations, without overcrowding.
HISTORY: 1962 Code Section 36-135; 1952 Code Section 36-135; 1942 Code Section 5271-42; 1937 (40) 431; 1938 (40) 1819; 1951 (47) 529; 1986 Act No. 369, Section 4.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-545. Procedures for payment of rent.

Any municipal or county housing authority shall provide for procedures whereby tenants of its property may pay their required rent in various reasonable ways, including but not limited to, payment by personal delivery or by mail.
HISTORY: 1985 Act No. 55, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-550. Foreclosure frees projects from restrictions.

Nothing contained in this chapter and Chapter 11 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this chapter and Chapter 11.
HISTORY: 1962 Code Section 36-136; 1952 Code Section 36-136; 1942 Code Section 5271-42; 1937 (40) 431; 1938 (40) 1819; 1951 (47) 529.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-560. Protection of deposits.

In order to protect funds deposited by an authority, all banks, bankers, trust companies or other persons carrying on a banking business, organized under the laws of the State, may give to the authority an undertaking with such sureties as shall be approved by the authority faithfully to keep and pay over upon the order of the authority any such deposits and agreed interest thereon or, in lieu of such sureties, to deposit with the authority as collateral such securities and in such amounts as may be agreed upon with the authority pursuant to a collateral deposit agreement in form and terms satisfactory to the authority. The collateral to be deposited shall consist of securities in which savings banks may legally invest funds within their control.
HISTORY: 1962 Code Section 36-137; 1952 Code Section 36-137; 1942 Code Section 5271-53; 1934 (38) 1368.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-570. Tax exemption; payments in lieu of taxes.

The property of an authority is declared to be public property used for essential public and governmental purposes and such property of an authority shall be exempt from all taxes and special assessments of the city, the county, the State or any political subdivision thereof. In lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services and facilities furnished by such city, county or political subdivision for the benefit of a housing project, but in no event shall such payments exceed the estimated cost to such city, county or political subdivision of the improvements, services or facilities to be so furnished.
HISTORY: 1962 Code Section 36-138; 1952 Code Section 36-138; 1942 Code Section 5271-50; 1937 (40) 431.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-580. Projects subject to planning, zoning and other laws.

All projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the project is situated.
HISTORY: 1962 Code Section 36-139; 1952 Code Section 36-139; 1942 Code Section 5271-44; 1934 (38) 1368.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-590. Provisions affecting other public bodies not applicable.

No provisions with respect to the acquisition, operation or disposition of property by public bodies other than those contained in this chapter and Chapter 11 shall be applicable to an authority.
HISTORY: 1962 Code Section 36-140; 1952 Code Section 36-140; 1942 Code Section 5271-44; 1934 (38) 1368.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-600. Books and records.

An authority shall keep its books and records in such forms as may be prescribed by, or as shall be satisfactory to, the mayor and such books and records shall be open for inspection at any hour during any business day by any representative of the mayor or council. The accounts of the authority shall be kept in such manner that they shall show at all times the income from and all sums chargeable against each project. The authority shall on or before January thirty-first in each year after the year of its creation make a report to the mayor and the council, in such form and setting forth such information with respect to its financial condition and its activities during the preceding calendar year and during the entire period from its creation as the mayor or the council shall require. Each authority shall make such further reports as may from time to time be required by the mayor or the council.
HISTORY: 1962 Code Section 36-141; 1952 Code Section 36-141; 1942 Code Section 5271-51; 1934 (38) 1368.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-710. Counties empowered to create housing authorities.

In each county of the State there may be created in the manner herein provided a public body corporate and politic to be known as the housing authority of the county.
HISTORY: 1962 Code Section 36-181; 1952 Code Section 36-181; 1942 Code Section 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-720. Resolution of legislative delegation required for creation of authority.

Such an authority may be created by the legislative delegation of such county adopting a resolution declaring that there is need for such a housing authority to function in such county. Such declaration shall be made by such legislative delegation for such county in the same manner and subject to the same conditions as the declaration of a city council required by Section 31-3-320 for the purpose of establishing a housing authority of a city except that the petition referred to in Section 31-3-320 shall be signed by twenty-five residents of such county.
HISTORY: 1962 Code Section 36-182; 1952 Code Section 36-182; 1942 Code Section 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-730. Functions, rights, powers, duties, and liabilities of authorities.

The housing authorities of the counties shall, within their territorial jurisdiction as herein defined, have all of the functions, rights, powers, duties and liabilities provided in this chapter and Chapter 11 for housing authorities in cities, and the provisions of this chapter and Chapter 11 shall, within the territorial jurisdiction of such housing authorities of the counties, apply to the housing authorities of the counties in the same manner and to the same extent as this chapter and Chapter 11 applies to the housing authorities created in cities.
HISTORY: 1962 Code Section 36-183; 1952 Code Section 36-183; 1942 Code Section 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-740. Delegation and Senator authorized to perform functions of council and mayor.

As to the housing authorities of the counties the legislative delegation of the county in which such authority is situated may perform the acts herein required or permitted by this chapter and Chapter 11 to be performed by a council for the housing authority of a city and the Senator of such county may perform such acts as are required or permitted by this chapter and Chapter 11 to be performed by the mayor of such city.
HISTORY: 1962 Code Section 36-184; 1952 Code Section 36-184; 1942 Code Section 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-750. Territorial jurisdiction.

The territorial jurisdiction of a housing authority of a county shall be coterminous with the boundaries of the county in which such authority is situated but shall not include that portion of the county within the territorial jurisdiction of any housing authority of a city. But notwithstanding the provisions of this section the director may extend the territorial jurisdiction of a housing authority of a city over territory contiguous thereto, including territory included within the territorial jurisdiction of the housing authority of a county, and such extension of the territorial jurisdiction of a housing authority of a city and limitation of the territorial jurisdiction of the housing authority of the county affected thereby shall not be deemed to conflict with the housing authority of the county within the meaning of Section 31-3-390 unless a housing project shall have been constructed or acquired or the director shall determine that such a project is about to be constructed or acquired by the housing authority of such county within the territory proposed to be included within the territorial jurisdiction of the housing authority of the city.
HISTORY: 1962 Code Section 36-185; 1952 Code Section 36-185; 1942 Code Section 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267; 1993 Act No. 181, Section 507.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-760. Territorial jurisdiction of authority may include city.

But the territorial jurisdiction of a housing authority of a county shall include the territorial jurisdiction of any housing authority of a city if a resolution is adopted by the council of the city, and also by the housing authority of the city if it shall have been theretofore established, declaring, as provided in Section 31-3-400, that there is a need for the county housing authority to exercise its powers within such city.
HISTORY: 1962 Code Section 36-186; 1952 Code Section 36-186; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-770. Creation of authority in excluded county.

At any time after a county is excluded from the area of operation of a regional housing authority as provided in Sections 31-3-1060 to 31-3-1080 the legislative delegation of any such county may adopt a resolution declaring that there is a need for a housing authority in the county, if the legislative delegation shall find such need in the manner required by this chapter for a county housing authority to function. Thereupon a public body corporate and politic to be known as the housing authority of the county shall exist for such county and may transact business and exercise its powers. Nothing contained herein shall be construed as preventing such county from thereafter being included within the area of operation of a regional housing authority as provided in this chapter.
HISTORY: 1962 Code Section 36-187; 1952 Code Section 36-187; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-780. Performance of functions of legislative delegation, council, and mayor in county which has withdrawn from regional housing authority.

In any county which has withdrawn from a regional housing authority to establish a county authority pursuant to this article, the county council or board which constitutes the governing body of the county shall exercise the powers and perform the duties prescribed for city councils and mayors in Article 5 of this chapter, and perform the functions of the legislative delegation and Senators prescribed in Sections 31-3-720, 31-3-740 and 31-3-770.
HISTORY: 1962 Code Section 36-188; 1969 (56) 662.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-910. Creation of regional housing authorities.

If the legislative delegation of each of two or more contiguous counties by resolution declares that there is a need for one housing authority to be created for all of such counties to exercise in such counties the powers and other functions prescribed for a regional housing authority, a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of such counties and exercise its powers and other functions in such counties and thereupon each county housing authority created for each of such counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as herein provided. A regional housing authority may select any appropriate corporate name.
HISTORY: 1962 Code Section 36-201; 1952 Code Section 36-201; 1942 Code Section 5271-55; 1940 (41) 1687; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-920. Effect of outstanding obligations of county housing authority upon creation of regional housing authority.

The legislative delegation of a county shall not adopt a resolution as aforesaid if there is a county housing authority created for such county which has any obligations outstanding unless (a) all obligees of such county housing authority and parties to contracts, bonds, notes and other obligations of such county housing authority consent in writing to the substitution of such regional housing authority in lieu of such county housing authority on all such contracts, bonds, notes or other obligations and (b) the commissioners of such county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations and property, real and personal, of such county housing authority to such regional housing authority as herein provided.
HISTORY: 1962 Code Section 36-202; 1952 Code Section 36-202; 1942 Code Section 5271-55; 1940 (41) 1687; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-930. Findings prerequisite to creation of regional housing authority.

The legislative delegation of each of two or more contiguous counties shall by resolution declare that there is a need for one regional housing authority to be created for all of such counties to exercise powers and other functions herein prescribed in such counties only if each such legislative delegation finds (a) that in the area of its county there are unsanitary or unsafe inhabited dwelling accommodations or there is a shortage of safe and sanitary dwelling accommodations available to persons of low income at rentals they can afford and (b) that a regional housing authority would be a more efficient or economical administrative unit than a housing authority of such county to carry out the purposes of the Housing Authorities Law in such county. In determining whether dwelling accommodations are unsafe or unsanitary such legislative delegation may take into consideration the safety and sanitation of dwellings, the degree of overcrowding, the percentage of land coverage, the light, air space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such buildings which endanger life or property by fire or other cause. Each such resolution shall be sufficient if it declares that there is a need for the regional housing authority and finds in substantially the foregoing terms (no further detail being necessary) that the conditions enumerated in (a) and (b) exist.
HISTORY: 1962 Code Section 36-203; 1952 Code Section 36-203; 1942 Code Section 5271-55; 1940 (41) 1687.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-940. Resolutions conclusive as to establishment; certificate as evidence thereof.

In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the regional housing authority, such authority shall be conclusively deemed to have become created as a public body corporate and politic and established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution declaring the need for such authority by the legislative delegation of each of the counties within such authority.
A certificate stating that such resolution has been adopted shall be admissible in evidence in any suit, action or proceeding.
HISTORY: 1962 Code Section 36-204; 1952 Code Section 36-204; 1942 Code Section 5271-55; 1940 (41) 1687.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-950. Effect of creation of regional housing authority on rights, contracts, agreements, obligations, and property of county housing authority.

When the conditions prescribed in Section 31-3-920 are complied with and such regional housing authority is created and authorized to exercise its powers and other functions, all rights, contracts, agreements, obligations and property of any existing county housing authority included in the regional housing authority shall be in the name of and vest in such regional housing authority, all obligations of such county housing authority shall be the obligations of such regional housing authority and all rights and remedies of any person against such county housing authority may be asserted, enforced and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced and prosecuted against such county housing authority. When any real property of a county housing authority vests in a regional housing authority as provided above, the county housing authority shall execute a deed to such property to the regional housing authority which thereupon shall file such deed in the office provided for the filing of deeds but any failure so to do shall not affect the vesting of such property in the regional housing authority as provided above.
HISTORY: 1962 Code Section 36-205; 1952 Code Section 36-205; 1942 Code Section 5271-55; 1940 (41) 1687; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-970. Qualifications of commissioners.

No commissioner may be an officer or employee of a county. Nothing herein contained shall prevent the appointment of any person as a commissioner of the authority who resides within the territorial jurisdiction of the authority or within any additional area in which the authority is authorized to undertake a housing project and who is otherwise eligible for such appointment under this chapter and Chapter 11 and the State Constitution.
HISTORY: 1962 Code Section 36-207; 1952 Code Section 36-207; 1942 Code Section 5271-56; 1940 (41) 1687; 1942 (42) 1742; 1972 (57) 2516.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-980. Terms of office of commissioners.

(A) The commissioners of a regional housing authority appointed by the senators shall be appointed for terms of five years except that all vacancies shall be filled for the unexpired terms. The term of office of a commissioner appointed by the other commissioners when the area of operation of the authority consists of an even number of counties shall be as herein provided for a commissioner appointed by a senator, except that such term shall end at any earlier time that the area of operation of the regional housing authority shall be changed to consist of an odd number of counties. Each commissioner shall hold office until his successor has been appointed and has qualified, except as otherwise provided herein.
(B) The term of the commissioner who is directly assisted by the authority shall continue as long as he remains as an assisted resident.
HISTORY: 1962 Code Section 36-208; 1952 Code Section 36-208; 1942 Code Section 5271-56; 1940 (41) 1687; 1942 (42) 1742; 1999 Act No. 50, Section 4.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-990. Removal of commissioners.

(A) For inefficiency, neglect of duty, or misconduct in office, a commissioner of a regional housing authority may be removed by the senator of the county appointing him or, in the case of the commissioner appointed by the commissioners of the regional housing authority, by such commissioners. A commissioner of a regional housing authority may be removed only after he shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel.
(B) The commissioner who is directly assisted by the authority must remain as an assisted resident in order to continue service on the board of commissioners. In the event that the commissioner who is directly assisted by the authority vacates the assisted housing unit or is evicted from the assisted housing unit, he shall be automatically removed from the board of commissioners with no opportunity to be heard or to contest the removal.
HISTORY: 1962 Code Section 36-209; 1952 Code Section 36-209; 1942 Code Section 5271-56; 1940 (41) 1687; 1999 Act No. 50, Section 5.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1000. Quorum; right to hold and location of meetings.

A majority of the commissioners of a regional housing authority shall constitute a quorum of such authority for the purpose of organizing the authority and conducting the business thereof. Nothing contained in this chapter and Chapter 11 shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation or territorial jurisdiction of the authority or within any additional area in which the authority is authorized to undertake a housing project.
HISTORY: 1962 Code Section 36-210; 1952 Code Section 36-210; 1942 Code Section 5271-56; 1940 (41) 1687; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1010. Area of operation.

The area of operation of a regional housing authority shall include, except as otherwise provided in this chapter and Chapter 11, all of the counties for which such regional housing authority is created and established. But such area of operation shall not include any portion of any county which lies within the territorial boundaries of any city until a resolution is adopted by the council of the city and also by the housing authority of the city if it shall have been theretofore established declaring, as provided in Section 31-3-400, that there is need for the regional housing authority to exercise its powers within such city.
HISTORY: 1962 Code Section 36-211; 1952 Code Section 36-211; 1942 Code Section 5271-57; 1940 (41) 1687; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1020. Increase of area of operation.

The area of operation of a regional housing authority shall be increased from time to time to include one or more additional contiguous counties, except any portion thereof within a city until a resolution or resolutions are adopted by the council and the housing authority, if there be one, of such city, as provided in Section 31-3-1010, not already within a regional housing authority if the legislative delegation of each of the counties then included in the area of operation of such regional housing authority, the commissioners of the authority and the legislative delegation of each such additional county or counties each adopt a resolution declaring that there is a need for the inclusion of such additional county or counties in the area of operation of such authority. Upon the adoption of such resolutions the county housing authority created for any such additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as herein provided.
HISTORY: 1962 Code Section 36-212; 1952 Code Section 36-212; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1030. Consent of county housing authority having outstanding obligations required as prerequisite to increase of area of operation.

Such resolutions shall not be adopted if there is a county housing authority created for any such additional county which has any obligations outstanding unless (a) all obligees of such county housing authority and parties to the contracts, bonds, notes and other obligations of any such authority consent in writing to the substitution of such regional housing authority in lieu of such county housing authority on all such contracts, bonds, notes or other obligations and (b) the commissioners of such county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations and property, real and personal, of such county housing authority to such regional housing authority as herein provided.
HISTORY: 1962 Code Section 36-213; 1952 Code Section 36-213; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1040. Findings prerequisite to increase of area of operation.

The legislative delegation of each of the counties in the regional housing authority, the commissioners of the regional housing authority and the legislative delegation of each such additional county or counties shall by resolution declare that there is a need for the inclusion of such additional county or counties in the area of operation of the regional housing authority only if (a) the legislative delegation of each such additional county or counties finds that unsanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe and sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford and (b) the legislative delegation of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority and the legislative delegation of each such additional county or counties find that the regional housing authority would be a more efficient or economical administrative unit to carry out the purposes of this chapter and Chapter 11 if the area of operation of the regional housing authority is increased to include such additional county or counties.
In determining whether dwelling accommodations are unsafe or unsanitary the legislative delegation of a county shall take into consideration the safety and sanitation of dwellings, the light and air space available to the inhabitants of such dwellings, the degree of overcrowding, the size and arrangement of the rooms and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes.
HISTORY: 1962 Code Section 36-214; 1952 Code Section 36-214; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1050. Effect of increase of area of operation on property, obligations, and the like of county authority.

When the conditions prescribed by Section 31-3-1030 are complied with and the area of operation of such regional housing authority is increased to include an additional county all rights, contracts, agreements, obligations and property of the county housing authority, if there be one, shall be in the name of and vest in such regional housing authority, all obligations of such county housing authority shall be the obligations of such regional housing authority and all rights and remedies of any person against such county housing authority may be asserted, enforced and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced and prosecuted against such county housing authority.
When any real property of a county housing authority vests in a regional authority as provided above, the county housing authority shall execute a deed of such property to the regional authority which thereupon shall file such deed in the office provided for the filing of deeds but any failure so to do shall not affect the vesting of such property in the regional housing authority as provided above.
HISTORY: 1962 Code Section 36-215; 1952 Code Section 36-215; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1060. Decrease of area of operation.

The area of operation of a regional housing authority shall be decreased from time to time to exclude one or more counties from such area if the legislative delegation of each of the counties in such area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding such county or counties from such area.
HISTORY: 1962 Code Section 36-216; 1952 Code Section 36-216; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1070. Consent of all holders of evidences of indebtedness prerequisite to decrease of area of operation.

No action may be taken pursuant to Section 31-3-1060 if the regional housing authority has outstanding any bonds, notes or other evidences of indebtedness unless all holders of such evidences of indebtedness consent in writing to such action.
HISTORY: 1962 Code Section 36-217; 1952 Code Section 36-217; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1080. Findings prerequisite to decrease of area of operation.

The legislative delegation of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority shall adopt a resolution declaring that there is a need for excluding a county or counties from such area if (a) each such legislative delegation of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when such area first included the county or counties to be excluded, the regional housing authority would be a more efficient or economical administrative unit to carry out the purposes of this chapter and Chapter 11 if such county or counties were excluded from such area and (b) the legislative delegation of each such county or counties to be excluded and the commissioners of the regional housing authority each also find that, because of the aforesaid changed facts, the purposes of this chapter and Chapter 11 could be carried out more effectively or economically in such county or counties if the area of operation of the regional housing authority did not include such county or counties.
In determining whether dwelling accommodations are unsafe or unsanitary the legislative delegation of a county shall take into consideration the safety and sanitation of dwellings, the light and air space available to the inhabitants of such dwellings, the degree of overcrowding, the size and arrangement of the rooms and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes.
HISTORY: 1962 Code Section 36-218; 1952 Code Section 36-218; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1090. Withdrawal of county from regional housing authority and creation of county housing authority; notice and hearing.

In addition to the procedure for decreasing the counties participating in regional housing authorities prescribed in this article, any county with a population of more than fifty thousand, according to the latest official United States census, which is a participant in a regional housing authority may, subject to the conditions prescribed in Sections 31-3-1100 and 31-3-1110, by a resolution of the governing body of such county, withdraw from the regional authority and create a county housing authority, pursuant to Article 7 of this chapter; provided, however, that prior to a decision to withdraw from the regional authority, the governing body of the county shall:
(1) Give notice in writing to the United States Department of Housing and Urban Development and to the regional authority of its intention to withdraw, specifying the time and place of a public hearing to be held on the question; and
(2) Conduct a public hearing not sooner than thirty days after such notice, at which the regional authority and others may present evidence to establish that the county seeking to withdraw from the regional authority is obligated by bonds, notes or other evidence of indebtedness for projects or other activities of the regional authority within the county seeking to withdraw or that the regional authority owns real property in the county.
HISTORY: 1962 Code Section 36-218.1; 1969 (56) 662.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1100. Circumstances precluding withdrawal of county from regional housing authority; assumption of share of obligations of regional authority.

If it is determined at the hearing that the regional authority owns real property in the county seeking to withdraw, such county shall not withdraw from the regional authority. If it is determined that the regional authority has conducted other activities within the boundaries of the county for which it is determined indebtedness is outstanding; or that the regional authority has acquired no real property in the county, but is obligated to perform activities within the county by reason of an executory contract; or that the regional authority is obligated by forms of indebtedness which cannot be identified with its projects at any particular location or locations and which were incurred as a result of activities performed without regard to situs, the county authority may be established with corporate powers provided in Article 7 of this chapter after a finding that the regional authority owns no real property in the county, but the county authority shall have no territorial jurisdiction to operate within the county until it has, by resolution, assumed the county's proportionate share of such indebtedness or such contractual obligation. The county authority's resolution shall also provide for assumption of existing obligations which may be disclosed in the future. The county authority shall assume obligations incurred by the regional authority without regard to situs in the proportion that the population of the county bears to the total population of all of the counties in the regional authority based on the latest United States census, or in case of obligations identifiable with activities conducted within the county, the entire obligation shall be assumed for those activities conducted within the territory of the county.
HISTORY: 1962 Code Section 36-218.2; 1969 (56) 662.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1110. Assumption of obligations by county of regional authority disclosed subsequent to withdrawal.

If any county withdraws from a regional authority under the provisions of Sections 31-3-1090 and 31-3-1100, and it is subsequently determined by a court of competent jurisdiction that the county was, in fact, identified with any aggregate obligation or indebtedness of the regional authority for funds expended prior to its withdrawal from the region, which was not disclosed prior to withdrawal from the regional authority, the county housing authority shall thereupon assume its proportionate share of such aggregate obligation, but only in the manner and to the extent such obligation would apply to the county as a member of the regional authority.
Any county withdrawing from a regional authority pursuant to Sections 31-3-1090 and 31-3-1100 shall not be subject to the provisions of Sections 31-3-1060, 31-3-1070 and 31-3-1080.
HISTORY: 1962 Code Section 36-218.3; 1969 (56) 662.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1120. Effect when area of operation is decreased to one county.

If such action decreases the area of operation of the regional housing authority to only one county, such authority shall thereupon constitute and become a housing authority for such county, in the same manner as though such authority were thereupon authorized to transact business and exercise its powers pursuant to other provisions of this chapter and Chapter 11 and the commissioners of such authority shall be thereupon appointed as provided for the appointment of commissioners of a housing authority created for a county.
HISTORY: 1962 Code Section 36-219; 1952 Code Section 36-219; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1130. Disposition of property in excluded county.

Any property held by a regional housing authority within a county excluded from the area of operation of such authority, as herein provided, shall, as soon as practicable after the exclusion of such county, be disposed of by such authority in the public interest.
HISTORY: 1962 Code Section 36-220; 1952 Code Section 36-220; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1140. Hearings prerequisite to creation or change of regional housing authority.

The legislative delegation of a county shall not adopt any resolution authorized by Sections 31-3-910, 31-3-1020 or 31-3-1060 and 31-3-1080 unless a public hearing has first been held. The legislative delegation of such county shall give notice of the time, place and purpose of the public hearing at least ten days prior to the day on which the hearing is to be held, in a newspaper published in the county or, if there is no newspaper in the county, then in a newspaper published in the State and having a general circulation in the county. Upon the date fixed for such public hearing an opportunity to be heard shall be granted to all residents of such county and to all other interested persons.
HISTORY: 1962 Code Section 36-221; 1952 Code Section 36-221; 1942 (42) 1742.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1150. Functions, rights, powers, and duties of regional housing authority.

A regional housing authority shall have all of the functions, rights, powers and duties provided for housing authorities created for cities and counties. The provisions of this chapter and Chapter 11 shall apply to a regional housing authority in the same manner and to the same extent as such provisions are applicable to a housing authority created for a city or county, and the term "authority" or "housing authority" as used in such provisions shall be construed as including "regional housing authority," unless a different meaning clearly appears from the context.
HISTORY: 1962 Code Section 36-222; 1952 Code Section 36-222; 1942 Code Section 5271-57; 1940 (41) 1687.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1160. Books, records, and accounts open to inspection; reports.

A regional housing authority shall have its books, records and accounts open for inspection at any hour during any business day by any representative of the Senator or legislative delegation of any county included in the territorial jurisdiction of such authority. Such authority shall on or before January thirty-first in each year after the year of its creation make a report to the Senators and legislative delegations of the counties in the territorial jurisdiction of such authority with respect to its financial condition and its activities.
HISTORY: 1962 Code Section 36-223; 1952 Code Section 36-223; 1942 Code Section 5271-56; 1940 (41) 1687.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 3 - Housing Authorities Law › Section 31-3-1310. Construction of terms in provisions relating to regional housing authorities.

For the purposes of this article, the following words and phrases, when used in the provisions of this chapter applicable to regional housing authorities, shall be construed as follows, unless a different meaning is clearly required by the context:
(1) "Legislative delegation" shall be construed to mean "council";
(2) "Senator" shall be construed to mean "mayor";
(3) "County" shall be construed to mean "municipality";
(4) "County housing authority" shall be construed to mean "housing authority of the city"; and
(5) "Regional housing authority" shall be construed to mean "consolidated housing authority."
HISTORY: 1962 Code Section 36-234; 1952 Code Section 36-234; 1942 (42) 1742.