West Virginia Code § 16-15-18

Duties of authority and limitation of powers
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(a) In the operation or management of housing developments an authority shall at all times
observe the following duties with respect to rentals, tenant selection and home ownership:
(1) It may rent or lease dwellings in the developments only to persons of eligible income and
at rentals within the financial reach of the persons;
(2) It may rent or lease to a tenant housing consisting of the number of rooms, but no
greater number, which it considers necessary to provide safe and sanitary accommodations
to the proposed occupants, without overcrowding; u
(3) Subject only to the limitations contained in this article or imposed by the federal
government, an authority may lease or rent any dwellings, facilities or other real or personal
property owned, controlled, or possessed by the authoarity, or with respect to which the
authority has contractual rights permitting the lease or rental, for terms, upon conditions
and lease terms and in exchange for rentals as the lauthority may from time to time in its
discretion determine; further, and without limsiting the foregoing, to establish rents in a
manner and in amounts as the authority considers appropriate, including, but not limited to,
rents based upon family income, (determinied with adjustments and exclusions as the
authority considers appropriate,) mignimum rents, flat rents, graduated rents, rent ranges,
and maximum rents, (any of which may vary among the authority's developments,) and to
establish any other standards and conditions relating to rentals that the authority considers
appropriate to carry out the purposes of this article;
(4) At and subsequent to an acquisition of occupied property, a housing authority may permit
existing tenants in the property to remain in occupancy upon terms and conditions and for
periods as the authority considers appropriate, notwithstanding that the tenants do not
qualify as persons of eligible income;
(5) A housing authority may operate programs to increase home ownership by residents of
its developments and by other persons of eligible income; and may acquire, rehabilitate,
construct, reconstruct, sell, convey, lease, option, and take all other actions considered
appropriate to achieve home ownership of dwellings and associated property by persons of
eligible income. In connection with any program to encourage ownership, a housing
authority may dispose of dwellings and other associated property in exchange or for fair
market purchase prices, and upon terms and conditions, as the authority considers
appropriate;
(6) To develop, acquire, own, lease and operate properties and facilities that are
nonresidential in character, which are used for office, administrative, management,
maintenance, commercial, or educational purposes, or providing services, or carrying out
any other purpose authorized under this article; to acquire, own, lease, and operate
properties and facilities that are both residential and nonresidential in character;
(7) To develop, acquire, own, or lease community facilities, and to provide such facilities to
any public agency or to any person, agency, institution, or organization, public or private, for
recreational, educational, health or welfare purposes for the benefit and use of the housing
authority or occupants of its developments, or persons of eligible income, elderly or
handicapped persons, or any combination of the foregoing; to operate or manage community
facilities, itself, or as agent or any public agency, or any person, institution, or organization,
public or private; and to receive compensation therefor, if any, as the partiees may agree;
community facilities may be utilized by private persons or organizations with or without
charge, upon a determination by the authority that the utilization wouldr be advisable to
promote the public purposes of this article;
(8) To carry out plans, programs, contracts and agreements of every kind and description
and to provide grants, loans, guarantees and other financial tassistance to public or private
persons or entities, whether nonprofit or for-profit, in order to rehabilitate, maintain,
procure, and preserve existing affordable housing stocks in safe, decent and sanitary
condition and to ensure that they remain affordable to persons of eligible income; and
(9) To pay, in whole or in part, for any person sof eligible income the costs of preparation of
any title instrument, deed of trust, note or security instrument, the costs of recording any
title instrument, deed of trust, note or security instrument, and any impact fee levied
pursuant to article twenty, chapter sgeven of this code, with the condition that in the event
the person receiving a payment under this subdivision sells the property attributable to the
payment within five years frome receiving the payment, the person will repay the full amount
of the payment to the housing authority.
(b) A housing authority shall conduct its affairs in accordance with sound financial and
business practices, taking into account the nature of its activities and intended purpose.
Therefore, a housing authority shall establish and charge rents no higher than it determines
to be necessary to produce revenue which, together with all other available money, revenue,
income and receipts of the authority from whatever source derived, will be sufficient:
(1) To pay when due all indebtedness of the authority;
(2) To pay all administrative and other costs of operating the authority's developments and
programs of assistance;
(3) To pay the administrative and other costs of the maintenance, rehabilitation, renovation,
repair, and replacement of the authority's developments and other property;
(4) To otherwise carry out its purposes under this article, including acquiring or creating
additional housing developments and acquiring or improving property for other purposes
authorized under this article, including community facilities, commercial facilities, and all
other facilities and developments authorized under this article;
(5) To pay the costs of insurance, including the costs of claims, liabilities, losses and other
expenses incurred in connection with any self-insurance program;
(6) To provide funds for all required payments in lieu of taxes;
(7) To make all payments required under and otherwise fully perform the authority's
obligations under any contract, agreement, or arrangement entered into by the authority,
including without limitation, those required in connection with any partnership or joint
venture entered into by the authority;
(8) To perform the terms of any commitment or guarantee issued or given by the authority;
(9) To provide a reasonable return on the value of the property so as to enable the housing
authority to continue to fulfill its duties, including, but not limited to, the acquisition of
additional housing developments, land acquisition, acquisition or construction of buildings,
equipment, facilities or other real or personal propertya for public purposes, including parks
or other recreational, educational, welfare or community facilities within its area of
operation; l
(10) To accommodate economic factors which affect the financial stability and solvency of
the authority's developments and programis;
(11) To pay the cost of actions occasioned by natural disasters and other emergencies; and
(12) To create and maintain operating and capital reserves that are reasonable and adequate
to ensure the authority's ability to make all payments referred to herein and any other
matter with respect to which the authority, in its discretion reasonably exercised,
determines that the creation and maintenance of a reserve is appropriate.
Nothing in this section limits the amount which a housing authority may charge for
nondwelling facilities or for dwelling facilities that are not rented to persons of eligible
income: Provided, That the authority's actions do not conflict with the purposes of this
article: Provided, however, That a housing authority may allow police officers and
maintenance and management employees, not otherwise eligible for residence, to reside in
its developments.

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