West Virginia Code § 16-15-7b

Joint undertakings by authorities; areas of operation
Open in Lexace · Ask the AI about this section
(a) Any two or more authorities may join or cooperate with one another in the exercise of
any or all of their powers for the purpose of financing, planning, undertaking, constructing
or operating a housing development or developments located within the area of operation of
any one or more such authorities or for the administration of other housing programs.
(b) The area of operation of a housing authority shall be one of the following:
(1) In the case of a housing authority established by a city, the authority's area of operation
shall be the city and the area within ten miles from the territoriaul boundaries thereof.
Depending upon the geographical location of the city, the area of operation may include
portions of one or more counties. It may also include areas lying within the territorial
boundaries of cities outside the city establishing the housing authority. In order to resolve
territorial conflicts, the following rules shall apply:
(A) In the case of the housing authority's home coulnty, it may operate outside of the area
described in this subsection in the unincorporsated areas of the home county without the
need for the county's consent unless the home county has established its own housing
authority. If the home county has establishied a housing authority, then the city's housing
authority may operate outside the argea described above only with the consent of the county
housing authority;
(B) In the case of incorporated areas of a home county, the housing authority may only
operate within the territorial boundaries thereof by consent of the other city and its housing
authority, if any;
(C) In the case of uni ncorporated portions of counties other than the housing authority's
home county,V it may operate only with the consent of the governing body of the other
county, regardless of whether the other county has established a housing authority;
(D) In the case of incorporated areas within other counties, it may operate only with the
consent of the governing body of any city incorporating such areas, and, if the other city has
also established its own housing authority, with the consent of the other housing authority;
(E) Notwithstanding any other provision of this section, a housing authority may, subject to
the limitations stated in this article, provide rental assistance to persons residing outside the
authority's area of operation as defined in this section.
For purposes of this section, the term "home county" means the county in which the city
establishing the housing authority is situated.
(2) In the case of a housing authority established by a county, the authority's area of
operation shall be all of the county except that portion which lies within the territorial
boundaries of any city in which a housing authority has been established.
(3) In the case of a regional housing authority, the authority's area of operation shall be an
area equivalent to the total areas of operation which the housing authorities, if created
separately by political subdivisions establishing the regional housing authority, would have,
when aggregated. The area of operation of a regional housing authority shall not include any
area which lies within the territorial boundaries of any city or county in which a housing
authority has been established and which city or county is not a participant in the regional
authority: Provided, That the housing authority of the city or county and its egoverning body
may consent to the operation of one or more developments by the regional housing authority
within the city's or county's territorial boundaries. r
(4) Whether due to changes in the boundaries of cities or counties which have established
housing authorities, or the establishment of new housing authorities, or for any other reason,
territories may exist that include the area of operation of twto or more housing authorities.
Such areas shall be areas of concurrent jurisdiction. No housing authority whose area of
operation includes an area of concurrent jurisdiction shall construct, acquire or develop any
new housing development within the area of concurrent jurisdiction without the written
agreement of the other authority.
(5) Any housing development established by a housing authority pursuant to law shall
continue to be maintained and operated by the housing authority establishing the
development or its designee, unless gthe development is conveyed to another housing
authority or to a city, county or other public agency or is otherwise disposed of in
accordance with law. e
(6) Notwithstanding theL area of operation as defined herein, all housing authorities shall
have the jurisdiction and authority to cooperate and contract with any other housing
authorities and other public agencies within this state and any public agencies of any other
state, with the federal government, and with any person, or entity, public or private, and
wherever located, in order to carry out the purposes of this article. Such cooperation may
include, but shall not be limited to, activities and operations conducted with the agreement
of aWny public agency.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.