reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-109 - Acquisition of land for government

The authority may acquire by purchase or by the exercise of its power of eminent domain as provided in §
13-20-108
, any property real or personal for any housing project being constructed or operated by a government. The authority upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project.
Acts 1935 (Ex.Sess.), ch. 20, § 12; C. Supp. 1950, § 3647.11 (Williams, § 3647.12); T.C.A. (orig. ed.), § 13-808.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-110 - Conveyance, lease or agreement in aid of housing project

(a)
For the purpose of aiding and cooperating in the planning, construction and operation of housing projects located within their respective territorial boundaries, the state, its subdivisions and agencies, and any county, city, or municipality of the state may, upon such terms and for such consideration as it may determine:
(1)
Grant, sell, convey or lease any of its property to a housing authority or the United States or any agency thereof;
(2)
To the extent that it is within the scope of each of their respective functions:
(A)
Cause the services customarily provided by each of them to be rendered for the benefit of the housing authority and/or the occupants of such housing projects;
(B)
Provide and maintain parks and sewage, water and other facilities adjacent to or in connection with housing projects; and
(C)
Enter into any agreements to open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other such facilities, to change the city or municipality map, to plan, replan, zone or rezone any part of the city or municipality;
(3)
Enter into agreements with respect to the exercise of its powers relating to the repair, elimination or closing of unsafe, unsanitary or unfit dwellings; and
(4)
Do any and all things necessary to aid and cooperate in the planning, construction and operation of housing projects by the United States and by housing authorities.
(b)
In connection with the exercise of these powers, any city or municipality may incur the entire expense of any such public improvement located within its territorial boundaries without assessment against abutting property owners.
(c)
Any law to the contrary notwithstanding, any grant, sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notice, advertisement or public bidding.
Acts 1935 (Ex. Sess.), ch. 45, § 3; 1939, ch. 154, § 1; mod. C. Supp. 1950, § 3647.29V (Williams, § 3647.32); T.C.A. (orig. ed.), § 13-809.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-111 - Federal projects acquired by authority

With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no municipality shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
Acts 1935 (Ex. Sess.), ch. 45, § 10, as added by Acts 1937, ch. 225, § 1; C. Supp. 1950, § 3647.29Z (Williams, § 3647.36c); T.C.A. (orig. ed.), § 13-810.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-112 - Zoning and building laws

All housing 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 housing project is situated.
Acts 1935 (Ex. Sess.), ch. 20, § 13; C. Supp. 1950, § 3647.12 (Williams, § 3647.13); T.C.A. (orig. ed.), § 13-811.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-113 - Rentals and tenant selection

(a)
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 therein only to persons of low income;
(2)
It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income;
(3)
It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and
(4)
It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five (5) times the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three (3) or more minor dependents, such ratio shall not exceed six (6) to one (1). In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost, as determined by the authority, to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
(b)
Nothing contained in this chapter shall be construed as limiting the power of an authority to:
(1)
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 the law, with respect to rentals, tenant selection, manner of operation, or otherwise; or
(2)
Pursuant to §
13-20-604
, vest in obligees the right, in the event of a default by the authority, to acquire title to a housing project or the property mortgaged by the housing authority, free from all the restrictions imposed by this chapter, except those imposed by §§
13-20-604
and
13-20-609
.
Acts 1935 (Ex. Sess.), ch. 20, § 32, as added by Acts 1937, ch. 234, § 5; 1939, ch. 74, § 2; C. Supp. 1950, § 3647.25 (Williams, § 3647.29b); T.C.A. (orig. ed.), § 13-812.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-114 - Continuing counseling and education programs for tenants of housing projects

(a)
In the operation and management of housing projects, an authority may assist in the establishment and development of a continuing program of counseling and education for its tenants on household management, self-help, budgeting and money management, consumer education and related counseling and educational services which will assist its tenants in improving their living conditions and ability to purchase a home.
(b)
Such program may include a credit union for the tenants.
(c)
Such programs should be developed and scheduled to encourage maximum participation of the tenants.
Acts 1972, ch. 668, § 1; T.C.A., § 13-832.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-115 - Reasons for eviction

Local housing authorities shall furnish an evicted tenant with the reasons for such tenant's eviction from a housing project upon the request of the evicted tenant.
Acts 1973, ch. 153, § 1; T.C.A., § 13-834.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-116 - Housing or domiciliary care for aged persons - Daily contact and care for tenants

Any agency of the state or any county, city, metropolitan government or other political subdivision of the state, including, but not limited to, any public housing authority or housing development agency, which operates any program providing housing or domiciliary care for aged persons which, as used herein, means persons sixty-five (65) years of age or older, in buildings which exceed three (3) stories in height, shall, as a part of such operation or program, make arrangements, where funds are made available to it for that purpose, to provide some person or persons each day to contact individually by telephone, in person or in any other effective manner, each aged person in residence, to check upon each aged person's physical well-being and comfort and, in the event and only in the event, such person requests and is in apparent need of medical or social assistance or care, to promptly contact appropriate agencies and request such assistance and care in behalf of any such person. Where public funds are not made available specifically to defray any increased costs caused by such arrangements, the agency shall not be required to provide the arrangements or program out of its funds budgeted for other purposes, but shall nevertheless adopt and implement a program to organize, develop and utilize private individual and organizational resources or any other public agency resources which may be available to carry out the arrangements, either on a volunteer basis or on any other basis which such agency may find to be reasonably feasible within its budgetary or other resources or from funds or resources made available to it from any lawful source, public or private.
Acts 1974, ch. 692, § 1; T.C.A., § 13-835.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-117 - Authority membership in metropolitan cities and counties

(a)
In any city or county with a metropolitan form of government, the membership of the housing authority shall be increased by two (2) additional members, which additional members shall be residents of low-rent public housing or housing projects.
(b)
One (1) of the commissioners authorized pursuant to §
13-20-408
of any housing authority in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census, shall be a resident of low-rent public housing or a housing project to be appointed by the mayor of the municipality creating such authority for a term of two (2) years, notwithstanding §
13-20-408
. The first resident appointment shall be made to fill the first expired term of a commissioner occurring after March 17, 1988.
Acts 1983, ch. 49, § 1; 1988, ch. 568, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-118 - Immunity of officials

The individual commissioners, directors, supervisory employees, and supervisory agents of a housing authority, whether such housing authority is formed under this chapter or by private act, while acting in the scope of their authority, including those entities that a housing authority or entity affiliated with an authority may form, incorporate, or join as a partner or member to develop or manage a mixed-finance project, and the directors, supervisory employees, and supervisory agents of such entities, while acting in the scope of their authority for the development or management of the mixed-finance project, enjoy the same protections and immunities that are presently provided for housing authority corporations under the law of this state, and any protections and immunities that may be provided to housing authorities in the future under the law of this state.
Amended by 2018 Tenn. Acts, ch. 664,s 1, eff. 4/9/2018.
Acts 1984, ch. 747, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-201 - Blighted areas and dilapidation defined

(a)
"Blighted areas" are areas, including slum areas, with buildings or improvements that, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. "Welfare of the community" does not include solely a loss of property value to surrounding properties, nor does it include the need for increased tax revenues. Under no circumstance shall land used predominantly in the production of agriculture, as defined by §
1-3-105
, be considered a blighted area.
(b)
As used in this chapter, "dilapidation" means extreme deterioration and decay due to lack of repairs to and care of the area.
Acts 1945, ch. 114, § 2; C. Supp. 1950, § 3647.29N (Williams, § 3647.53); T.C.A. (orig. ed.), § 13-813; Acts 1982, ch. 816, § 1; 2006, ch. 863, §§ 2, 14.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-206 - Authority authorized to obtain financial aid from federal government for redevelopment project

An authority may borrow money or accept contributions from the federal government to assist in its undertaking redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself in any contract with the federal government for annual contributions to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder), in the same manner as it may do to secure such aid in connection with slum clearance and housing projects under this chapter.
Acts 1945, ch. 114, § 7; C. Supp. 1950, § 3647.29S (Williams, § 3647.58); T.C.A. (orig. ed.), § 13-818.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-207 - Bonds for redevelopment projects - Security for public deposits and legal investments

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to §§
13-20-201
- 13-20-208 shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to this chapter, in connection with the development of slum clearance or housing projects.
Acts 1945, ch. 114, § 8; C. Supp. 1950, § 3647.29T (Williams, § 3647.59); T.C.A. (orig. ed.), § 13-819.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-208 - Advisory board - Personnel

For the purpose of coordinating its activities and undertakings under §§
13-20-201
- 13-20-208 with the needs and undertakings of other local organizations and groups, a housing authority may establish an advisory board consisting of the chair of the authority, who shall be chair of the advisory board, and of sufficient members to represent, so far as practicable, the general public and users of housing, general business interests, real estate, building and home financing interest, labor, any official planning body in the locality, and church and welfare groups. The members of the advisory board shall be appointed by the chair of the authority.
Acts 1945, ch. 114, § 9; C. Supp. 1950, § 3647.29U (Williams, § 3647.60); T.C.A. (orig. ed.), § 13-820.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-209 - Conservation and rehabilitation by private enterprise - Findings

(a)
It is hereby found and declared that:
(1)
There exist in municipalities of the state slum, blighted, and deteriorated areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made in §
13-20-201
with respect to slum and blighted areas are hereby affirmed and restated;
(2)
Certain slum, blighted, or deteriorated areas, or portions thereof, may require acquisitions and clearance, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and, to the extent feasible, salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and
(3)
All powers conferred by this part are for public uses and purposes for which public money may be expended and such other powers exercised, and the necessity in the public interest for this part is hereby declared as a matter of legislative determination.
(b)
A municipality, to the greatest extent it determines to be feasible in carrying out this part, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of areas by private enterprise.
Acts 1955, ch. 181, § 1; T.C.A., § 13-821.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-210 - Urban renewal projects - Extent of rehabilitation

In addition to its authority under any other section of this part, an authority is hereby authorized to plan and undertake urban renewal projects. As used in this part, an urban renewal project may include undertakings and activities for the elimination, and for the prevention of the development or spread, of slums or blighted, deteriorated, or deteriorating areas, and may involve any work or undertaking for such purpose constituting a redevelopment project of any rehabilitation or conservation work, or any combination of such undertaking or work. For this purpose, "rehabilitation or conservation work" may include:
(1)
Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;
(2)
Acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthy, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;
(3)
Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and
(4)
The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of such project; provided, that such disposition shall be in the manner prescribed in this part for the disposition of property in a redevelopment project area.
Acts 1955, ch. 181, § 1; T.C.A., § 13-822.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-211 - Urban renewal plan

(a)
Any urban renewal project undertaken pursuant to §
13-20-210
shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this part, "urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan:
(1)
Shall conform to the general plan for the municipality as a whole; and
(2)
Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
(b)
An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this part with respect to a redevelopment plan.
Acts 1955, ch. 181, § 1; T.C.A., § 13-823.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-214 - Development of program by municipality - Authorization

The governing body of the municipality, or such public officer or public body as it may designate, is hereby authorized to prepare a workable program, which may include an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life, for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforementioned activities or other feasible activities as may be suitably employed to achieve the objectives of such a program.
Acts 1955, ch. 181, § 1; T.C.A., § 13-826.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-215 - Powers are supplemental

The powers conferred by §§
13-20-209
- 13-20-215 shall be in addition and supplemental to the powers conferred by any other law.
Acts 1955, ch. 181, § 2; T.C.A., § 13-827.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-216 - Notice to property owner of proposed acquisition

(a)
Whenever the acquisition of any real property in a designated blighted area is proposed and is predicated solely upon the findings that the structure or structures involved are dilapidated and are in violation of the applicable building and housing codes, the owner of the property shall be notified of the planned acquisition by certified mail to the owner's latest address of record, and the owner shall be accorded a reasonable time, in no case less than ninety (90) days from the date of the notice, to bring the substandard structure into compliance with such codes.
(b)
This section shall not apply in any county having a metropolitan form of government or in any county with a population of:
not less than
nor more than
6,125
6,225
14,925
14,940
15,675
15,775
56,000
56,100
85,725
85,825
287,700
287,800
700,001
according to the 1980 federal census or any subsequent federal census.
Acts 1982, ch. 816, §§ 3-7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 2 - REDEVELOPMENT (§§ 13-20-201 — 13-20-217) › Section 13-20-217 - Airport noise mitigation programs

(a)
Notwithstanding any law to the contrary, in addition to those powers specified in this chapter, any municipal housing authority exercising any of the powers specified in this chapter is hereby authorized to enter into cooperative agreements, with any county with a metropolitan form of government which adopts an airport noise mitigation program pursuant to §
7-3-313
, to implement or administer the airport noise mitigation program or any portion thereof.
(b)
No state funds shall be obligated or expended to implement this section.
Acts 1991, ch. 500, §§ 2, 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 3 - RELOCATION OF UTILITY FACILITIES (§§ 13-20-301 — 13-20-304) › Section 13-20-301 - Findings and declarations

(a)
The findings and declarations made in §
13-20-209
, with respect to slum, blighted, and deteriorated areas, are hereby affirmed and restated.
(b)
Redevelopment and urban renewal project areas include streets, alleys, easements, and other public ways in, under, and over which utility facilities are installed. Public streets and alleys are intended for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by applicable laws of this state, and such utility usage is for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas; and further:
(1)
The business and activities of utilities involve the rendition of essential public services vital to the health, safety and welfare of the citizens of this state;
(2)
The development and existence of utilities directly and vitally affects the development, growth, and expansion of the general welfare, business and industry of this state; and
(3)
All persons in this state are actual or potential customers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their facilities as necessary to accommodate redevelopment and urban renewal projects.
(c)
The obligation of such utility relocation is a burden on the public of this state and it is, therefore, in the public interest that such burden be minimized consistent with the purpose of such redevelopment and urban renewal project; therefore, it is the intent of the general assembly to ensure that the police power of the state in requiring relocation of utilities be exercised in a responsible manner.
(d)
The cost of utility relocation necessitated by redevelopment and urban renewal projects undertaken in accordance with §§
13-20-101
- 13-20-215, and any amendments thereto, are properly a part of the cost of such projects, and it is in the public interest to provide for the equitable reimbursement of such cost of relocation; therefore, such relocation cost shall be included as part of the project costs of such redevelopment and urban renewal projects.
(e)
The statements in this section are legislative determinations and declarations of public policy, and this part should be liberally construed in conformity with its declaration and provisions to promote the public interest.
Acts 1971, ch. 191, § 1; T.C.A., § 13-828.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 3 - RELOCATION OF UTILITY FACILITIES (§§ 13-20-301 — 13-20-304) › Section 13-20-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Cost of relocation" means the entire amount paid properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility;
(2)
"Public service facility" means any sewer, pipe, main, conduit, manhole, cable, wire, pole, tower, building, or utility appliance owned or operated by a utility;
(3)
"Relocation" means any horizontal or vertical movement of utility facilities intact and any protective measures taken or the construction of new or additional facilities, with or without contemporaneous removal and salvage of old facilities, including removal, readjustment, rerouting, or changing the grade of or alternating the construction of any public service facility, either temporarily or permanently, whether or not such relocation is made necessary by the closing of any highway, street, public alley or public right-of-way or the taking of easements whether publicly or privately owned; and
(4)
"Utility" includes all utilities either public, private, or cooperatively owned which furnish utility service including, but not limited to, water, electric power, sanitary sewers, storm sewers, steam power, gas, and telephone or telegraph service, through a system of pipes, conduits, cables, or wires devoted to public utility service.
Acts 1971, ch. 191, § 2; T.C.A., § 13-829.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 3 - RELOCATION OF UTILITY FACILITIES (§§ 13-20-301 — 13-20-304) › Section 13-20-303 - Reimbursement of cost of moving utility facilities

Whenever a municipality, housing authority, or other public body of this state determines that the relocation of public service facilities of a utility within a redevelopment or urban renewal project area is necessary to the carrying out of a redevelopment or urban renewal plan pursuant to this chapter, the municipality, housing authority, or other public body shall reimburse the utility for the cost of relocation of such facilities.
Acts 1971, ch. 191, § 3; T.C.A., § 13-830.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 3 - RELOCATION OF UTILITY FACILITIES (§§ 13-20-301 — 13-20-304) › Section 13-20-304 - Exceptions

This part shall not apply to any taking or damaging of property for which the utility is entitled compensation pursuant to the constitution of Tennessee or the United States, or pursuant to any binding agreement inuring to the utility's benefit.
Acts 1971, ch. 191, § 4; T.C.A., § 13-831.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-401 - Petition for creation of authority - Notice

(a)
Any twenty-five (25) residents of a city, and of the area within ten (10) miles from the territorial boundaries thereof, may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and the surrounding area.
(b)
Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city and the surrounding area.
(c)
Such notice shall be given at the city's expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city and the surrounding area, or, if there is no such newspaper, by posting such notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-901.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-402 - Hearing - Determination

(a)
Upon the date fixed for the hearing held upon notice as provided in §
13-20-401
, an opportunity to be heard shall be granted to all residents and taxpayers of the city and the surrounding area and to all other interested persons.
(b)
(1)
After such a hearing, the council shall determine:
(A)
Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or
(B)
Whether there is a lack of safe or sanitary dwelling accommodations in the city and the surrounding area available for all the inhabitants of such city or area. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following:
(i)
The physical condition and age of the building;
(ii)
The degree of overcrowding;
(iii)
The percentage of land coverage;
(iv)
The light and air available to the inhabitants of such dwelling accommodations;
(v)
The size and arrangement of the rooms;
(vi)
The sanitary facilities; and
(vii)
The extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
(2)
If it shall determine that either or both of the above enumerated conditions exist, the council shall adopt a resolution so finding, which need not go into any detail other than the mere finding, and shall cause notice of such determination to be given to the mayor who shall thereupon appoint, as hereinafter provided, five (5) commissioners to act as an authority.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-902.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-403 - Verified application of commissioners - Contents

(a)
The commissioners shall present to the secretary of state an application signed by them, which shall set forth without any detail other than the mere recital:
(1)
That a notice has been given and public hearing has been held as aforementioned, that the council made the aforementioned determination after such hearing, and that the mayor has appointed them as commissioners;
(2)
The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;
(3)
The term of office of each of the commissioners;
(4)
The name which is proposed for the corporation; and
(5)
The location of the principal office of the proposed corporation.
(b)
The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and, if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it, and shall record it in an appropriate book of record in the secretary of state's office.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-903.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-404 - Authority a public body corporate

When the application has been made, filed and recorded, as herein provided, the authority shall constitute a public body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this chapter, under the seal of the state, and shall record the same with the application.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-904.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-405 - Boundaries of authority

(a)
The boundaries of such authority shall include the city and the area within ten (10) miles from the territorial boundaries of the city, but in no event shall it include the whole or a part of any other city nor any area included within the boundaries of another authority.
(b)
In case an area lies within ten (10) miles of the boundaries of more than one (1) city, such area shall be deemed to be within the boundaries of the authority embracing such area which was first established, all priorities to be determined on the basis of the time of the issuance of the aforementioned certificates by the secretary of state.
(c)
After the creation of an authority, the subsequent existence within its territorial boundaries of more than one (1) city shall in no way affect the territorial boundaries of such authority.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-905.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-406 - Resolution denying petition

(a)
If the council, after hearing as aforementioned, shall determine that neither of the conditions enumerated in §
13-20-402
exist, it shall adopt a resolution denying the petition.
(b)
After three (3) months have expired from the date of the denial of any such petitions, subsequent petitions may be filed as aforementioned and new hearings and determinations made thereon.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-906.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-407 - Contracts of authority - Validity

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with this chapter. Upon proof of the issuance of the aforementioned certificate by the secretary of state, a copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action or proceedings, and shall be conclusive proof of the filing and the contents thereof.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-907.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-409 - Duty of the authority and commissioners

The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this chapter, and the laws of the state and in addition thereto with each and every term, provision and covenant in any contract of the authority on its part to be kept or performed.
Acts 1935 (Ex. Sess.), ch. 20, § 6; C. Supp. 1950, § 3647.5 (Williams, § 3647.6); T.C.A. (orig. ed.), § 13-909.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-410 - Interest of commissioners or employees in contracts

All commissioners, officers and employees of housing authorities are subject to the conflict of interest provisions contained in §§
12-4-101
and
12-4-102
.
Acts 1935 (Ex. Sess.), ch. 20, § 7; C. Supp. 1950, § 3647.6 (Williams, § 3647.7); T.C.A. (orig. ed.), § 13-910; Acts 1998, ch. 947, §§ 1, 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-411 - Removal of commissioners - Hearing

(a)
The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner shall have been given a copy of the charges against such commissioner, which may be made by the mayor, at least ten (10) days prior to the hearing thereon and had an opportunity to be heard in person or by counsel.
(b)
Any obligee of the authority may file with the mayor written charges that the authority is violating willfully any law of the state or any term, provision or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of such charges at least ten (10) days prior to the hearing thereon and an opportunity to be heard in person or by counsel, and shall within fifteen (15) days after receipt of such charges remove any commissioner of the authority who is found to have acquiesced in any such willful violation.
(c)
A commissioner shall be deemed to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges against the commissioner, the commissioner has not filed with the authority a written statement of the commissioner's objections to or lack of participation in such violation.
(d)
In the event of the removal of any commissioner, the mayor shall file in the office of the city clerk a record of the proceedings, together with the charges made against the commissioner and the findings thereon.
Acts 1935 (Ex. Sess.), ch. 20, § 8; C. Supp. 1950, § 3647.7 (Williams, § 3647.8); T.C.A. (orig. ed.), § 13-911.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-412 - Reports and recommendations

The authority shall at least once a year, file with the mayor of the city a report of its activities for the preceding year, and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this chapter.
Acts 1935 (Ex. Sess.), ch. 20, § 27; C. Supp. 1950, § 3647.23 (Williams, § 3647.27); T.C.A. (orig. ed.), § 13-912.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-413 - Housing projects - Operation not for profit

It is 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 its 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 rates 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 to:
(1)
Pay, as the same become due, the principal of and interest on the bonds of the authority;
(2)
Meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance on its property or bonds, and the administrative expenses of the authority; and
(3)
Create, during not less than the six (6) 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 (1) year thereafter and to maintain such reserve.
Acts 1935 (Ex. Sess.), ch. 20, § 31, as added by Acts 1937, ch. 234, § 5; C. Supp. 1950, § 3647.24 (Williams, § 3647.29a); T.C.A. (orig. ed.), § 13-913.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 4 - CITY HOUSING AUTHORITIES (§§ 13-20-401 — 13-20-419) › Section 13-20-414 - Action of city or municipality by resolution

Except as otherwise provided in this chapter, all action authorized to be taken under such law by the council or other governing body of any city or of any municipality may be by resolution adopted by a majority of all the members of its council or other governing body, which resolution may be adopted at the meeting of the council or other governing body at which such resolution is introduced and shall take effect immediately upon such adoption, and no such resolution need be published or posted.
Acts 1935 (Ex. Sess.), ch. 45, § 4; C. Supp. 1950, § 3647.29W (Williams, § 3647.33); T.C.A. (orig. ed.), § 13-914.