[Adopted as Ch. 25 of the 1978 General Ordinances; amended
in its entirety 5-6-2019]
Pursuant to Act 18 of the Public Acts of 1933, as amended, there
is hereby established a Housing Commission, hereinafter called the
Lapeer Housing Commission (sometimes referred to hereafter as "LHC"),
with authority to purchase, acquire, construct, maintain, operate,
improve, extend and repair housing facilities within the City of Lapeer
and to eliminate housing conditions which are detrimental to the public
peace, health, safety, morals or welfare of the said City.
A.
The Commission shall consist of five members who shall be appointed
by the Mayor of the City of Lapeer. The term of office of the members
of the first Commission appointed hereunder shall be appointed for
terms of one year for one member, two years for one member, three
years for one member, four years for one member, and five years for
one member. The term of office of members of the Commission shall
be five years.
B.
One member of the Commission shall be a tenant of public or subsidized
housing.
C.
Members of the Commission shall serve without compensation and may
be removed from office by the Mayor. Any vacancy in office shall be
filled by appointment by the Mayor for the remainder of the unexpired
term.
The Commission shall be a public body corporate. Except as otherwise
provided in Public Act 18,[1] the Commission may do all of the following:
A.
Sue and be sued in any court of this state.
B.
Form or incorporate nonprofit corporations under the laws of this
state for any purpose not inconsistent with the purposes for which
the Commission was formed.
C.
Serve as a shareholder or member of a qualified nonprofit corporation
organized under the laws of this state.
D.
Authorize, approve, execute, and file with the Michigan Department
of Commerce those documents that are appropriate to form and continue
one or more nonprofit corporations.
E.
Form or incorporate for-profit corporations, partnerships, and companies
under the laws of this state for any purpose not inconsistent with
the purposes for which the Commission was formed.
[1]
Editor's Note: See MCLA § 125.651 et seq.
The Commission shall meet at regular intervals after public
notice of the time and place of such meeting, and all meetings of
the Commission shall be open to the public. The Commission shall adopt
bylaws and its own rules of procedure not inconsistent with the provisions
of Act 18 or of this article, and shall keep a record of its proceedings.
Three members of the Commission shall constitute a quorum for the
transaction of its business and a Chairman and a Vice Chairman shall
be elected by the Commission. The said Commission may employ and fix
the compensation of a Director who may also serve as Secretary and
such other employees or officers as shall be necessary. The Commission
shall prescribe the duties of all its officers and employees and shall
transfer to its officers and Director those functions and that authority
which the Commission has prescribed. The Commission may employ engineers,
architects, attorneys, accountants, and other professional consultants
as necessary. The Commission may solicit, accept, and enter into agreements
relating to grants from any public or private source, including the
state or federal government or any agency of the state or federal
government, and may carry out any federal or state program related
to the purposes for which the Commission is created.
A.
The Commission shall have the following enumerated powers and duties
per Section 7 of Public Act 18:[1]
(1)
To determine in what areas of the City of Lapeer it is necessary
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, morals, and/or welfare;
(2)
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, and/or repair of any housing project or projects or parts
thereof; to lease and/or operate any housing project or projects;
(3)
To control and supervise all parks and playgrounds forming a part
of such housing development but may contract with existing departments
of the City of Lapeer for operation or maintenance of either or both;
(4)
To establish and revise rents of any housing project or projects,
but shall rent all property for such sums as will make them self-supporting,
including all charges for maintenance and operation, for principal
and interest on loans and bonds, and for taxes;
(5)
To rent only to such tenants as are unable to pay for more expensive
housing accommodations;
(6)
To call upon other departments for assistance in the performance
of its duties, but said departments shall be reimbursed for any added
expense incurred therefor.
[1]
Editor's Note: See MCLA § 125.657.
B.
It shall have such other powers relating to said housing facilities
project as may be prescribed by ordinance or resolution of the City
of Lapeer or as may be necessary to carry out the purposes of this
article.
No member of the Lapeer Housing Commission or any of its officers,
employees, or staff shall have any interest, directly or indirectly,
in any contract for property, materials or services to be acquired
by the Commission.
The Commission shall make an annual report of its activities
to the City of Lapeer and shall make other reports as the City may
from time to time require. The Commission shall also report any action
of the Commission taken under Section 6 of Public Act 18[1] in a manner sufficient to allow the City of Lapeer Commission
to exercise the authority granted under this Act to supervise the
activities of the Commission.
[1]
Editor's Note: See MCLA § 125.656.
A.
All deeds, mortgages, contracts, leases, purchases, or other agreements
regarding real property, including agreements to acquire or dispose
of real property, shall be approved and executed in the name of the
Lapeer Housing Commission. Contracts or leases with tenants or facility
managers shall be executed by and in the name of the Lapeer Housing
Commission.
C.
The City of Lapeer may transfer property to the Commission for use
by the Commission for a purpose authorized by this article. The transfer
of property to the Commission, including property taken under the
City of Lapeer's power of eminent domain, shall be considered
necessary for public purposes and for the benefit of the public.
D.
The Commission is empowered by the City of Lapeer to act as a borrower.
For the execution of agreements regarding real property in the name
of the Commission, the Commission may sue and be sued with respect
to those agreements executed or obligations issued by the Commission.
This does not preclude the City of Lapeer or Lapeer Housing Commission
from asserting a defense of governmental immunity to which it may
be entitled under law against any claim made against the City of Lapeer
or the Lapeer Housing Commission.
A.
Property, income, and operations of the Commission and property of
a qualified entity that is located in the City of Lapeer are exempt
from all taxation by the state or any of its political subdivisions.
The City of Lapeer will require the Commission to pay an annual service
fee in lieu of all taxes with respect to projects or facilities of
the Commission or qualified entities. The fee shall not exceed 10%
of the annual shelter rent obtained from the projects or facilities.
B.
For purposes of this section, "qualified entity" means either of
the following:
(1)
A Michigan nonprofit corporation or a Michigan limited partnership
having a Michigan nonprofit corporation as its sole general partner,
if one of the following applies:
(2)
A for-profit corporation, partnership, or company formed or incorporated
by the Commission for the sole purpose of syndicating low-income housing
tax credits in connection with the redevelopment of a housing project
that has been owned by the Commission, if the Commission maintains
oversight responsibility for the management and operation of the project
for which low-income housing tax credits were syndicated and the for-profit
entity does not engage in any other business activity unrelated to
the housing project.
The Commission shall have complete control of the entire housing
project or projects including the construction, maintenance and operation
as fully and completely as if said Commission represented private
owners. Contracts for construction or purchase of materials entered
into by the Commission shall not be required to be made through any
City of Lapeer purchasing department.
The notes, bonds, or other obligations or any claims of whatever
nature against said housing project or projects shall not be debts
or charges against the City of Lapeer or against any members of the
Commission, and no individual liability shall attach for any official
act done by any member of such Commission.
All references to bonds and the issuance of bonds within Public
Act 18[1] apply to Lapeer Housing Commission.
[1]
Editor's Note: See MCLA § 125.651 et seq.
In the operation or management of housing projects a 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;
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 to a tenant dwelling accommodations 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 person or persons who would occupy the dwelling accommodations
have an aggregate annual net 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.
The Lapeer Housing Commission shall not terminate tenancy or
contract right to occupy housing except for just cause. Just cause
to terminate a tenancy or contract right to occupy housing includes,
but is not limited to, one or more of the following:
A.
A failure to comply with the obligations of the lease or the lawful
rules and regulations of the Housing Commission;
B.
The use of a unit for any unlawful purpose, including any purpose
for which the Commission is entitled to recover possession of the
premises by summary proceedings under Section 5714(1)(b) of the Revised
Judicature Act of 1961, Act No. 236 of the Public Acts of 1961, being
§ 600.5714 of the Michigan Compiled Laws;
C.
The maintenance of any unsafe, unsanitary, or unhealthful condition
in any dwelling unit or in any of the common areas.
A.
To the extent not inconsistent with federal law or regulation, state
law, or local ordinance, the Housing Commission shall adopt and promulgate
reasonable rules that establish the following:
(1)
Eligibility requirements for admission to housing;
(2)
Obligations of tenants, including regulations for the use and
occupation of housing units and common areas;
(3)
Just cause for the termination of the right of use and occupation,
so that a tenant may be clearly apprised of the precise reasons for
a termination;
(4)
Conditions for continued occupancy, taking into account factors
including, but not limited to, family size, fluctuations in income,
availability of standard accommodations elsewhere, and other relevant
matters;
B.
The Commission may adopt other rules that are necessary for the just
and effective administration of local housing projects constructed
and operated as provided by this article. All rules to be valid shall
be published in a conspicuous place in each housing project operated
by the Commission.
This article shall become effective at 12:01 a.m., Tuesday, May 25, 1971, as an emergency ordinance pursuant to Section 7.3 of the Charter of the City of Lapeer, as revised.
