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HEALTH AND SAFETY CODE
SECTION 34240-34250

34240. In each county and city there is a public body corporate and
politic known as the housing authority of the county or city. The
authority shall not transact any business or exercise its powers
unless, by resolution, the governing body of the county or city
declares that there is need for an authority to function in it.


34240.1. Notwithstanding the provisions of Section 34240, the
governing body of any city or county may, upon declaration by
resolution that there is a need for an authority to function in it,
enter into an agreement with any other city or county whose governing
body has declared by resolution the need for an authority to
function in it, to form an area housing authority in the manner set
forth in Sections 34246 and 34247.

34241. The governing body may make the determination as to whether
there is a need for an authority to function upon its own motion or
upon the filing of a petition signed by 25 residents of the county or
city asserting that there is need for an authority to function in
the county or city and requesting that the governing body so declare.


34242. The governing body may adopt a resolution declaring that
there is need for a housing authority if it finds either of the
following:
(a) That insanitary or unsafe inhabited dwelling accommodations
exist in the county or city.
(b) That there is a shortage of safe or sanitary dwelling
accommodations in such county or city available to persons of low
income at rentals they can afford.

34243. In determining whether dwelling accommodations are unsafe or
insanitary the governing body may take into consideration:
(a) The degree of overcrowding.
(b) The percentage of land coverage.
(c) The light, air, space, and access available to the inhabitants
of such dwelling accommodations.
(d) The size and arrangement of the rooms.
(e) The sanitary facilities.
(f) The extent to which conditions exist in such buildings which
endanger life or property by fire or other causes.

34244. In any proceeding involving the validity or enforcement of
or relating to any contract of the authority, the authority is
conclusively deemed to have been established and authorized to
transact business and exercise its powers upon proof of the adoption
of a resolution by the governing body declaring the need for the
authority. The resolution is sufficient if it declares that there is
such need for an authority and finds in substantially the terms of
Section 34242 that either or both of the conditions set forth in that
section exist in the county or city. A copy of the resolution duly
certified by the clerk is admissible in evidence in any proceeding.

34245. If, after the lapse of two years after the adoption of the
resolution the governing body finds that the authority has failed to
transact any business or exercise any of its powers, it may adopt a
resolution declaring that the authority shall not transact any
business or exercise its powers under this chapter, and that the
offices of the authority commissioners are vacated. At any time
thereafter the governing body may declare by resolution that there is
need for an authority to function in the county or city, such
determination to be made pursuant to this article.

34246. (a) Notwithstanding any other provision of law, the
governing bodies of any two or more cities or counties or any
combination thereof may by agreement create an area housing
authority. Each governing body party to such agreement shall appoint
two persons as commissioners of such authority, and, except as
otherwise provided in Section 34246.5, the governing bodies shall
jointly appoint one commissioner at large, and, upon appointment of
all required commissioners, the authority shall be authorized to
exercise all of the powers and transact all of the business which a
housing authority of a city or county which is functioning and
exercising its powers is authorized to exercise or transact.
(b) The governing body of each city or county shall designate one
of those commissioners first appointed by it to serve for a term of
three years and one to serve for a term of four years. Successors
shall be appointed by the governing body for terms of four years,
except that all vacancies shall be filled for the unexpired term.
The commissioner at large shall serve for a term of four years.
His successors shall be appointed jointly by the governing bodies for
terms of four years, except that a vacancy shall be filled for the
unexpired term. In the event that a successor shall not have been
appointed by the governing bodies within 30 days following a vacancy,
the Governor shall appoint a successor.
(c) Three-fifths of the commissioners of an area housing authority
constitute a quorum for the purpose of conducting business and
exercising its powers and for all other purposes. Action may be
taken by the authority upon a vote of a majority of the
commissioners.
(d) The commissioners shall select a chairman from their number.


34246.5. (a) The governing bodies party to an agreement entered
pursuant to Section 34246 shall jointly appoint a tenant of the area
housing authority as commissioner of such authority. If the area
housing authority does not have tenants, the governing bodies shall
appoint a tenant of the area housing authority to the commission
within one year after the area housing authority first does have
tenants.
(b) The appointment of a tenant commissioner shall be in lieu of
the appointment of a commissioner at large pursuant to Section 34246.
If a commissioner at large is in office on the effective date of
this section, the tenant commissioner initially appointed shall take
office at such time as the term of the commissioner at large shall
expire.
(c) The tenant appointed as a commissioner shall serve for a term
of two years, but only so long as he remains a tenant of the area
housing authority. His successors shall also be tenants of the area
housing authority and shall be appointed jointly by the governing
bodies for terms of two years, except that a vacancy shall be filled
for the unexpired term.
(d) A tenant appointed as a commissioner shall have all the
rights, powers, duties, privileges, and immunities of any other
commissioner.


34247. The area of operation of an authority created pursuant to
Section 34246 shall be the combined possible areas of operation of
participating cities and counties, as determined by Sections 34208
and 34209.


34248. (a) If a city or county which enters into an agreement
pursuant to Section 34246 has previously established a housing
authority, the powers and duties of such authority shall be vested in
the area housing authority upon the appointment of all required
commissioners to the area authority.
(b) Upon such transfer of powers and duties, the title to any
property owned or held by, or in trust for the city or county
authority, and any debts, demands, liabilities or obligations
existing in favor or against such authority, and any proceedings of
such authority, shall become those of the area housing authority, and
any and all such titles, debts, demands, liabilities, obligations,
and proceedings shall have the same validity, force and effect as if
acquired, incurred, accrued, or taken by the area housing authority.

(c) Any such transfer of powers and duties shall not affect or
impair the status or rights of any duly appointed employees of the
city or county authority, and such status and rights shall have the
same validity, force, and effect as if attained during employment
with the area housing authority.

34249. Nothing in this article shall be interpreted to prohibit
agreements between public agencies pursuant to the provisions of
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code. When such an agreement creates an agency or
entity which is separate from the parties to the agreement and which
is responsible for the administration of a housing program authorized
by this part, the public agencies party to such agreement shall
provide for the appointment of a tenant of such agency or entity to
the governing body of the agency or entity. If such agency or entity
does not have tenants, then the parties to the agreement shall
provide for the appointment of a tenant of the agency or entity to
the governing body thereof within one year after the agency or entity
first does have tenants. The term of a tenant appointed to the
governing body of such an agency or entity shall be two years, but if
a tenant appointee ceases to be a tenant of the agency or entity, he
shall be disqualified and another tenant of the agency or entity
shall be appointed to serve the remainder of the unexpired term. A
tenant appointed to the governing body of such an agency or entity
shall have all the rights, powers, duties, privileges, and immunities
of any other member of such governing body.

34250. Notwithstanding any other provision of law, a governing
body, at the time of the adoption of a resolution pursuant to Section
34240 or 34245 and pursuant to another resolution authorizing such
an action, may contract with the Department of Housing and Community
Development, or any other redevelopment agency or authority, for the
furnishing by the department, redevelopment agency, or authority of
any necessary staff services associated with or required by an
authority and which could be performed by the staff of an authority.
In such a case the governing body shall be vested with all of the
rights, powers, duties, and privileges and immunities vested by this
part in an authority.

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