2009 Louisiana Laws TITLE 40 Public health and safety :: RS 40:531 Appointment of commissioners to local housing authority

SUBPART F.  MISCELLANEOUS

§531.  Appointment of commissioners to local housing authority

A.(1)  When the governing body of any municipality or parish, as the case may be, has determined, by resolution as set forth in R.S. 40:393, that it is expedient to establish a local housing authority, the chief elected official of the municipality or parish, or if no such official exists, then the governing body itself shall appoint five persons who shall constitute the governing body of the local housing authority and shall be called commissioners.

(2)  Notwithstanding any other provision of law to the contrary, when the governing body of any parish with a population of not more than forty-three thousand seven hundred fifty persons and not less than forty-two thousand seven hundred fifty persons based on the latest federal decennial census has determined, by resolution as set forth in R.S. 40:393, that it is expedient to establish a local housing authority, the governing body of any such parish shall appoint five persons who shall constitute the governing body of the local housing authority and shall be called commissioners.

B.  In municipalities with populations of four hundred seventy-five thousand or more, the governing authority of the housing authority shall consist of seven commissioners, at least two of whom shall be tenants of the housing authority.  The commissioners shall be appointed by the mayor of the municipality and shall serve terms concurrent with that of the mayor.  The tenant commissioners shall be chosen from a list of names submitted to the mayor by the Citywide Tenants Council, Inc.,1 of the housing authority.  The number of names submitted shall be three for each vacancy to be filled by a tenant commissioner.  Vacancies shall be filled for the unexpired term.

C.  In parishes with populations of more than four hundred thirty-five thousand but less than four hundred seventy-five thousand and not having boundaries coterminous with a single city, the governing authority of the housing authority shall consist of nine commissioners and, notwithstanding any other provision of law to the contrary, such commissioners shall be appointed as provided in this Subsection.  Seven of the commissioners shall be appointed by the governing body of the parish.  One of such commissioners shall be appointed by the chief executive officer of the parish.  One of such commissioners shall be a tenant member of the Marrero Tenants Organization and shall be appointed by the governing authority of said organization.

D.  Notwithstanding any other provision of law to the contrary, the Houma-Terrebonne Housing Authority shall be governed by a five-member board of commissioners appointed by the parish president.  He shall appoint at least one tenant from housing developments operated by the authority.  The tenant commissioner shall serve in accordance with R.S. 40:536 and any other applicable provision of law.

E.(1)  The legislature hereby finds and declares that it is a matter of public policy and concern that a tenant of a local housing authority development or recipient of other assistance from such authority shall be a commissioner of the authority and serve in accordance with R.S. 40:536 and any other applicable provision of law.

(2)  The tenant commissioner shall recuse himself from participating in a matter which would be in violation of R.S. 42:1112.

(3)  The tenant commissioner or the commissioner who is a recipient of other assistance shall be chosen from a list of names submitted to the appointing authority by tenants of a local housing authority development.  However, no tenant of a local housing authority shall become or remain a tenant commissioner if delinquent in rental or lease payments to the housing authority.

F.  The local housing authority may permit a per diem to each member of the commission of the local housing authority in an amount of not less than seventy-five dollars for each day of his attendance at meetings of the commission from funds of the local housing authority.

Acts 1997, No. 1188, §1; Acts 2001, No. 80, §1, eff. May 24, 2001; Acts 2003, No. 923, §1; Acts 2008, No. 874, §1, eff. July 9, 2008; Acts 2009, No. 407, §1.

1As appears in enrolled bill.

NOTE:  See Acts 2009, No. 407, §3 re appointment of tenant commissioners.