(A) Generally.
(1) Membership; organization; meetings; employees. The governing body shall appoint 5 persons who shall constitute the Housing Agency, and the persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a 5-year term of office or until his or her successor is duly appointed; provided that, all vacancies shall be filled for the unexpired terms. The governing body may appoint 1 of its members to serve as 1 of the 5 members of the Housing Agency for a 2-year term of office or until his or her successor is duly appointed, not to exceed 3 consecutive terms of office. No person shall serve as a Commissioner unless he or she resides within the area of operation of that Housing Agency. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk and the certificate shall be conclusive evidence of the proper appointment of the Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties. A majority of Commissioners shall constitute a quorum of the authority for the purpose of conducting its business, for exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority shall require a larger number. The Commissioners shall elect a chairperson and vice-chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio secretary of the Authority. The Authority may also employ legal counsel or it may call upon the City Attorney, for such services as it may require. It may employ technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper.
(2) Conflict of interest. During his or her tenure, and for 1 year thereafter, no Commissioner, officer or employee of the city’s Housing Agency shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such Commissioner, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as Commissioner, officer or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and the disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest; provided that, nothing in this division shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
(3) Removal of members. The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed in this division. The Mayor shall send a notice of removal to the Commissioner, which notice shall contain a statement containing the charges against him or her. Unless, within 10 days from the receipt of the notice, the Commissioner files with the Clerk a request for a hearing before the governing body, the Commissioner shall be deemed removed from office. If a request for a hearing is filed with the Clerk, the governing body shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position.
(4) Accounts. The Housing Agency shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the governing body on all such information.
(B) Definitions. Except as otherwise specifically provided, the definitions and terms set out in the state statutes relating to housing authorities under the Nebraska Housing Authority Law are hereby adopted by reference as they now exist or may hereafter be amended.
(C) Operation and management of rentals. The Housing Agency shall, at all times, observe the following duties with respect to rentals and tenant selection.
(1) It may rent or lease dwelling accommodations therein only to persons of low income, elderly persons, or handicapped persons of low income, and displaced persons in need.
(2) There shall be no discrimination in the eligibility or occupancy of tenants on the basis of sex, disability, race, religion, color, creed, national origin or ancestry.
(3) The Authority shall not accept any person as a tenant in any dwelling in the housing project if the applicant has an annual income which equals or exceeds the amount which the Authority has conclusively determined to be sufficient to enable one to secure safe, sanitary and uncongested dwelling accommodations within the area served by the Authority and to provide an adequate standard of living.
(4) The Authority may rent or lease to a tenant a dwelling consisting of a number of rooms which is deemed necessary to provide safe and sanitary accommodations to the occupants without overcrowding.
(5) The Authority shall fix income limits for occupancy and rents after taking into consideration:
(a) The family size, composition, age, physical handicaps and other factors which might affect the rent-paying ability of the person; and/or
(b) The economic factors which affect the financial stability and solvency of the project.
(6) The Authority may accept as a tenant any displaced person in need, regardless of income, but in no event shall the person remain as a tenant of the Authority for more than a period of 6 months unless the person also qualifies as a person of low income, elderly person or handicapped person of low income.
(7) All persons of low income, elderly persons or handicapped persons of low income, or displaced persons in need, shall be entitled to the benefits of this section, and the Authority may establish rules and regulations consistent with the purposes of this section concerning eligibility and occupancy of the housing project or other such shelter.
(8) Nothing in this division shall prohibit the right of the Authority to inquire into the financial condition, family composition and medical, personal and employment history of any tenant or prospective tenant.
(9) The Authority shall prohibit subletting by tenants.
(D) Establishment of regulations relating to eligibility for occupancy. The Housing Agency may establish from time to time rules and regulations consistent with the purposes of this section concerning the priority of eligible applicants for occupancy. The Authority may give preferential treatment to applicants who are servicepersons or veterans, or relatives of servicepersons or veterans, to disabled servicepersons or veterans, to the elderly or disabled, or to those in urgent need of adequate housing or who have no adequate source of income; provided that, in any such system of priority, displaced persons in need shall have a priority ahead of all other persons; and provided further that, no tenant in good standing then in occupancy and qualified for continued occupancy shall have his or her tenancy terminated in order to provide dwelling units for classes or categories of applicants as the authority may establish.
(Prior Code, § 2-215)