[HISTORY: Adopted by the Village Council
of the Village of New Haven 2-13-1979 by Ord. No. 168; superseded 9-14-2021 by Ord. No. 388. Amendments noted where applicable.]
A. This chapter, being necessary for and to secure the public peace,
health, safety, convenience and welfare of the county and the people
of the county, shall be liberally construed to affect the purposes
thereof.
B. The following terms whenever used or referred to in this chapter
shall have the following respective meanings, unless a different meaning
clearly appears from the context:
CHAIRPERSON
The chairperson of the New Haven Housing Commission.
HOUSING COMMISSION
The New Haven Housing Commission as created pursuant to this
chapter and Public Act 18 of the Extra Session of 1933, as amended.
HOUSING PROJECT
Any work or undertaking of the Housing Commission, or any
similar work or undertaking of a housing authority created under federal
law.
Pursuant to Public Act 18 of the Extra Session of 1933, as amended,
being Compiled Laws § 125.651 et seq., there is hereby created
in and for the Village of New Haven, Michigan a commission to be known
as the New Haven Housing Commission.
The Housing Commission shall consist of five members to be appointed
by the Village Council. The term of office of members of the Housing
Commission shall be five years. Members of the Housing Commission
shall serve with compensation as set forth by the Village Council.
No member of the Housing Commission shall have any interest directly
or indirectly in any contract for property, material, or service to
be acquired by the Housing Commission. Members may be removed from
their office by the Village President for cause with the majority
vote of the Village Council. Any vacancy on the Housing Commission
shall be posted on the Village webpage and social media accounts.
Appointments to finish the partial term shall be made by the Village
Council. Absence from three consecutive Housing Commission meetings
shall be considered resignation from the Housing Commission.
The Housing Commission shall meet at regular intervals. All
meetings shall be open to the public and held in accordance with the
Open Meetings Act, as amended, 1967 PA 267. The Housing Commission
shall adopt its own rules of procedure. All rules shall be posted
in a conspicuous place in each facility owned or operated by the Housing
Commission. The Housing Commission shall keep a record of all proceedings.
Three members shall constitute a quorum for the transaction of business.
The Housing Commission shall appoint a Chair of Meetings, a
Vice Chair and a Secretary. The Housing Commission shall prescribe
the duties of all its officers and employees. No officers or employees
of the Housing Commission shall have any interest directly or indirectly
in any contract for property, material, or service to be acquired
by the Housing Commission. All legal matters that arise at the Housing
Commission shall be presented within 15 days to the Village President.
The New Haven Housing Commission shall have, in addition to
those powers and duties set forth below and elsewhere in this chapter,
all the powers and duties vested or permitted to be vested in Housing
Commissions by Public Act 18 of the Extra Session of 1933, as amended
and any other laws enacted which are supplemental thereto. It is the
intention of this chapter to vest in the New Haven Housing Commission
all powers and duties permitted or required by law. The Housing Commission
shall have the following specifically enumerated powers and duties:
A. To provide proper sanitary housing facilities for families of low
income and for the elimination of housing conditions which are detrimental
to the public peace, health, safety or welfare.
B. To purchase, lease, sell, exchange, transfer, assign and mortgage
any property, real or personal, or any interest therein, or acquire
the same by gift, bequest or under the power of eminent domain; to
own, hold, clear and improve property; to engage in or to contract
for the design and construction, reconstruction, alteration, improvement,
extension or repair of any housing project or part thereof; to lease
or operate any housing project.
C. To control, maintain, and supervise all parks and playgrounds forming
a part of such housing development.
D. To establish and revise rents of any housing project, but shall rent
all property for such sums as will make them self-supporting, including
all charges for maintenance and operation.
E. To rent only to such tenants that are financially qualified under
all applicable federal and state housing guidelines. Housing Commission
members may not rent accommodations to themselves unless they meet
the financial requirements under all applicable federal and state
housing guidelines.
F. It shall have such other powers relating to such housing facilities
projects as may be prescribed by ordinance or resolution of the Village
Council, or as may be necessary to carry out the purposes of this
chapter.
G. The Housing Commission may borrow money, issue revenue bonds, accept
grants and other financial assistance from any state or federal agency
for the purposes of defraying the costs of purchasing, acquiring,
constructing, improving, enlarging, or repairing any housing project
or combined projects, in accordance with the provisions of Public
Act 18 of the Extra Session of 1933, other laws of this state, and
federal law and regulation.
H. The Housing Commission may join, cooperate, or contract with other
housing commissions, public housing authorities, or other local, county,
state, or federal agencies in the provision of housing services, operations
or projects and for purposes of financing or securing Housing Commission
activities, as the Housing Commission deems advisable, and upon approval
of the Village Council.
A. The Housing Commission shall make an annual report of its activities
to the Village Council no later than January 30 of each calendar year,
and shall make such other reports as the Village Council may from
time to time require.
B. The Housing Commission shall install, maintain and keep proper books
of record and account, separate entirely from other records and accounts
of the Village, in which full and accurate entries shall be made of
all dealings or transactions of, or in relation to the properties,
business and affairs of the project. The Housing Commission, not later
than three months after the close of any fiscal year, shall cause
to be prepared a balance sheet and an income and surplus account showing
respectively in reasonable detail, the financial condition of the
project at the close of such preceding calendar year and the financial
operations thereof during each year. Such balance sheets and income
and surplus accounts shall, at all reasonable times during usual business
hours, be open to examination and inspection by the public in compliance
with Public Act 442 of Public Acts of 1976, the Freedom of Information
Act, as amended. A copy of such report shall be furnished to the Village
President.
A. Housing projects, including new construction, rehabilitation, and
slum clearance, contemplated by this chapter are hereby declared to
be for public purposes within the meaning of the Constitution and
state laws relative to the powers of the county, including the power
of eminent domain.
B. The Housing Commission may recommend to the Village Council the institution
and prosecution of proceedings under the power of eminent domain in
accordance with the state law relative to condemnation, upon the consent,
by resolution, of the legislative body of the Village, or township,
in which the property is located.
A. Except as otherwise provided in this section, all deeds, contracts,
leases or purchases entered into by the Housing Commission shall be
in the name of the Village and shall be approved by the Village Council.
Leases with tenants and maintenance equipment and goods need not be
so approved.
B. Contracts for construction or purchase of materials entered into
by the Housing Commission shall not be required to be made through
the Village Council and such contracts shall not be an obligation
of the Village except to the extent of the funds available to the
Housing Commission from sources other than the county.
C. The Housing Commission shall keep and maintain complete records of
its deeds, contracts, leases, purchases, receipts and disbursements,
including audit materials and other related financial documents.
All claims that may arise in connection with the Housing Commission
and housing projects shall be presented as are ordinary claims against
the Village; provided, that written notice of all claims based upon
injury to persons or property must be served upon the Village Clerk
within 30 days from the date of the injury. But the disposition thereof
shall rest in the discretion of the Housing Commission. The cost of
investigation and attorneys' fees of all claims that may be allowed
and final judgments obtained from such claims shall be paid only from
the operating revenue of the housing projects.
The notes, bonds, or other obligations or any claims of whatever
nature against a housing project shall not be debts or charges against
the Village nor against any member of the Housing Commission, and
no individual liability shall attach for any official act done by
any member of the Housing Commission.
The Housing Commission shall manage and operate its housing
projects in an efficient manner so as to enable it to fix the rental
for dwelling accommodations at the lowest possible rates consistent
with providing decent, safe and sanitary dwelling accommodations.
The Housing Commission shall not construct or operate any such project
for profit. To this end, the Housing Commission shall fix the rentals
for dwellings in projects at no higher rates than it shall find to
be necessary in order to produce revenues which, together with all
other money, revenue income and receipts from whatever sources derived
available for such purposes, will be sufficient to:
A. Pay, as the same becomes due, the principal and interest on the bonds
issued for such projects;
B. Meet the cost of and provide for administration, operation and maintenance
of the projects, including the cost of any insurance on the projects
or on bonds issued therefor;
C. Create a reserve sufficient to meet the largest principal and interest
payments which will be due on such bonds in any one year thereafter
and to maintain such reserve;
D. Whenever the Housing Commission shall determine to purchase, acquire,
construct, improve, enlarge, extend, operate or repair any housing
facility, it shall first cause an estimate to be made and the amount
thereof shall appear in the ordinance authorizing and providing for
the issuance of the bonds.
The New Haven Housing Commission may designate their Chair,
Vice Chair, housing managers and assistant housing managers to execute
tenant leases for the Housing Commission.
In the operation or management of any loan project, the Housing
Commission shall at all times observe the following duties with respect
to rentals and tenant selection:
A. It may rent or lease the dwelling accommodations therein only to
persons of low income. Housing Commission members may not rent accommodations
to themselves unless they meet the federally mandated income threshold
to rent.
B. It may rent or lease the dwelling accommodations therein only at
rentals within the financial reach of such persons of low income.
C. It may rent or lease dwelling accommodations for tenants consisting
of the number of rooms, but no greater number, which it deems necessary
to provide safe and sanitary accommodations to the proposed occupants
thereof without overcrowding.
D. It shall not accept any person as a tenant in any housing project
if the persons who would occupy the dwelling accommodations have an
aggregate annual income in excess of any maximum allowed by the federal
government pursuant to federal law or regulation in any contract for
financial assistance.
E. It shall prohibit subletting by tenants.
No free services or rental shall be furnished by any such commission
to the county, any state agency or to any agency, instrumentality
or person.
The various sections and provisions of this chapter shall be
deemed to be severable, and should any section or provision of this
chapter be declared by any court of competent jurisdiction to be unconstitutional
or invalid, the same shall not affect the validity of this chapter
as a whole or any section or provision of this chapter, other than
the section or provision so declared to be unconstitutional or invalid.
All existing ordinances are repealed to the extent they conflict
with this chapter. The currently existing version of this chapter,
being Ordinance 168, An Ordinance Creating a Housing Commission for
the Village of New Haven, is hereby repealed in its entirety.
This chapter shall not take effective before the 15th day after
publication in a newspaper of general circulation within the Village
of New Haven.