TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 42

COUNTY HOUSING AUTHORITIES AND COOPERATION LAW

31-4205.  Creation of housing authorities. In any county of the state of Idaho, there may be created an independent public body corporate and politic to be known as a housing authority, which shall not be an agency of the county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the county, by proper resolution, shall declare, at any time hereafter, that there is need for an authority to function in such county. The determination as to whether or not there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the county asserting that there is need for an authority to function in such county and requesting that the governing body so declare.

The governing body shall adopt a resolution declaring that there is need for a housing authority in the county if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such county or (b) that there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income or rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration 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 building which endanger life or property by fire or other causes.

Nothing in this act shall prevent governing bodies from jointly creating by resolution an independent public body corporate and politic to carry out and effectuate the purposes and provisions of this act and to serve the best interests of their respective citizenry.

In any suit, action or proceeding, involving the validity of enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the county. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.

History:

[31-4205, added 1970, ch. 211, sec. 5, p. 584; am. 1998, ch. 367, sec. 2, p. 1149.]