Iowa Code § 403A.1
Short title
This chapter shall be known and may be cited as the “Municipal Housing Law”.
Iowa Code Chapter 403A — Municipal Housing Projects
Iowa · statute · Iowa Code ch. 403A · 26 active provisions
Iowa Code § 403A.2
Definitions
The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context: 1. “Agency” or “municipal housing agency” shall mean a public agency created under the provisions of section 403A.5. 2. An “agreement” of any muni…
Iowa Code § 403A.3
Powers
Every municipality in addition to other powers conferred by this or any other chapter, shall have power: 1. To prepare, carry out, and operate housing projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any housing project or any part thereof. 2. To undertake an…
Iowa Code § 403A.4
Aid from federal government
In addition to the powers conferred upon a municipality by other provisions of this chapter, a municipality is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over, lease or man…
Iowa Code § 403A.5
Exercise of municipal housing powers municipal housing agency
1. Any municipality may create, in such municipality, a public body corporate and politic to be known as the “Municipal Housing Agency” of such municipality except that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has elected to exercise its munic…
Iowa Code § 403A.6
Operation of housing not for profit
It is hereby declared to be the policy of this state that each municipality shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for…
Iowa Code § 403A.7
Housing rentals and tenant admissions
1. A municipality shall do the following: a. Rent or lease the dwelling accommodations in a housing project only to persons or families of low income and at rentals within their financial reach. b. Rent or lease to a tenant such dwelling accommodations consisting of the number of rooms which it deems necessary to provi…
Iowa Code § 403A.8
Dwellings for disaster victims and defense workers
Notwithstanding the provisions of this or any other chapter relating to rentals of, preferences or eligibility for admission to, or occupancy of dwellings in housing projects, during the period when a municipality determines that there is an acute need in its area of operation for housing to assure the availability of…
Iowa Code § 403A.9
Cooperation between municipalities
Any two or more municipalities may join or cooperate with one another in the exercise of any or all of the powers conferred hereby for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects.
Iowa Code § 403A.10
Tax exemption and payments in lieu of taxes
The property acquired or held pursuant to this chapter is declared to be public property used exclusively for essential city or municipal public and governmental purposes, and such property is hereby declared to be exempt from all taxes and special assessments of the state or of any state public body. In lieu of taxes…
Iowa Code § 403A.11
Planning, zoning, and building laws — insulation requirements
1. All housing projects of a municipality shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated. 2. All dwellings which are part of housing projects and which are proposed to be rented to low-income families or the…
Iowa Code § 403A.12
Bonds
1. A municipality shall have power to issue bonds from time to time in its discretion, for any of the purposes of this chapter. A municipality shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. A municipality may issue such types of bonds as it may determ…
Iowa Code § 403A.13
Form and sale of bonds
1. Bonds of a municipality shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding that permitted by chapter 74A, be in such denomination or denominations, be in such form either cou…
Iowa Code § 403A.14
Provisions of bonds, trust indentures, and mortgages
1. In connection with the issuance of bonds pursuant to this chapter or the incurring of obligations under leases made pursuant to this chapter and in order to secure the payment of the bonds or obligations, a municipality, in addition to its other powers, shall have power to: a. Pledge all or any part of the gross or…
Iowa Code § 403A.15
Remedies of an obligee
An obligee of a municipality shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee. 1. By mandamus, suit, action or proceeding at law or in equity to compel said municipality to perform each and every term, pro…
Iowa Code § 403A.16
Additional remedies conferrable by a municipality
A municipality shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in…
Iowa Code § 403A.17
Exemption of property from execution sale
All property, including funds, owned or held by a municipality for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the municipality be a charge or lien upon such property. Ho…
Iowa Code § 403A.18
Transfer of possession or title to federal government
In any contract with the federal government for annual contributions to a municipality, the municipality may obligate itself, which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other law, to convey to the federal government possession of or title to the housing p…
Iowa Code § 403A.19
Certificate of state auditor
The municipality may submit to the state auditor a certified copy of the proceedings for the issuance of any bonds hereunder, including the form of such bonds. Upon the submission of these documents to the state auditor, it shall be the duty of the state auditor to pass upon the validity of such bonds and the regularit…
Iowa Code § 403A.20
Condemnation of property
A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with a municipal housing project under this chapter, subject to the limitations on eminent domain authority in chapter 6A. A municipality s…
Iowa Code § 403A.21
Cooperation in undertaking housing projects
1. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine: a. Dedicate, sell, convey, or lease any of it…
Iowa Code § 403A.22
Personal interest prohibited
No public official or employee of a municipality or board or commission thereof and no commissioner or employee of a municipal housing agency which has been vested with municipal housing project powers under section 403A.5, shall voluntarily acquire any personal interest, as hereinafter defined, whether direct or indir…
Iowa Code § 403A.23
Eligibility of persons receiving public assistance
Any statute to the contrary notwithstanding, no person otherwise eligible to be a tenant in a municipal housing project, shall be declared ineligible or denied occupancy in the municipal housing project merely because the person is receiving in some form public assistance including but not limited to federal supplement…
Iowa Code § 403A.24
Chapter controlling
The provisions of this chapter shall be controlling, notwithstanding anything to the contrary contained in any other law of this state, or local ordinance. Any action of a municipality or the governing body thereof in carrying out the purposes of this chapter, whether by resolution, ordinance or otherwise, shall be dee…
Iowa Code § 403A.27
Percentage of rent as taxes
Any provision of this chapter notwithstanding, no housing project shall be approved unless as a condition at least ten percent of all rents and supplemental rental aid shall be paid annually as taxes to the office of the treasurer in the respective county in which said project is located, except as to the use of dwelli…
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