§ 4005. Vermont State Housing Authority; establishment, members, powers

(a) The Vermont State Housing Authority is created. It is referred to in this chapter as the “State Authority.” It is a public body corporate and politic of perpetual duration and shall consist of seven commissioners.

(b) The Governor, with the advice and consent of the Senate, shall appoint the commissioners for terms of five years. At the time of appointment or reappointment, one of the commissioners so appointed shall be a tenant residing in publicly subsidized housing within the State. 3 Vt. Stat. Ann. chapter 11 applies to all the commissioners. A certificate of the appointment or reappointment of any commissioner shall be filed with the Secretary of State and that certificate shall be conclusive evidence of the due and proper appointment of that commissioner. All commissioners are entitled to the necessary expenses, including traveling expenses, incurred in the discharge of their duties. All commissioners shall be entitled to receive a per diem of $30.00 except a commissioner who is a State or municipal employee; provided that a commissioner who is a municipal employee shall be entitled to the per diem when the commissioner’s:

(1) compensation from the municipality is reduced as a result of the performance of his or her official duties; or

(2) official duties are performed on his or her personal time.

(c) The powers of the State Authority are vested in the commissioners thereof in office from time to time. Four commissioners shall constitute a quorum of the State Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the State Authority upon a vote of the majority of the commissioners present and voting. The State Authority shall select annually from among its commissioners a chair and a vice chair. It may employ a secretary (who shall be executive director), technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. For such legal services as it may require, the State Authority may call upon the Attorney General or may employ its own counsel and legal staff. The State Authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

(d) The State Authority is created for the purpose of improving housing conditions and facilities through federal resources and assistance in the field of low-rent housing and private accommodations. Except as provided in subdivision 4008(10) of this title, the State Housing Authority shall be the public housing agency with statewide responsibility eligible to administer allocations of money under 42 U.S.C.A. § 1437f. These allocations shall be subject to the approval of the Vermont Housing Finance Agency. There shall be no commitment of funds by the State of Vermont under or by virtue of any provisions of this chapter.

(e) Notwithstanding any provision of law, no person shall be authorized to administer allocations of money under 42 U.S.C.A. § 1437a or 1437f or other federal statute authorizing rental subsidies for the benefit of persons of low or moderate income, except:

(1) the State Authority;

(2) a State public body authorized by law to administer such allocations;

(3) a person authorized to administer such allocations pursuant to an agreement with the State Authority; or

(4) an organization, of which the State Authority is a promoter, member, associate, owner, or manager, that is authorized by a federal agency to administer such allocations in this State.

(f) In addition to the powers granted by this chapter, the State Authority shall have all the powers necessary or convenient for the administration of federal monies pursuant to subsection (e) of this section, including the power:

(1) to enter into one or more agreements for the administration of federal monies;

(2) to be a promoter, partner, member, associate, owner, or manager of any partnership, limited liability company, joint venture, association, trust, or other organization;

(3) to conduct its activities, locate offices, and exercise the powers granted by this title within or outside this State;

(4) to carry on a business in the furtherance of its purposes; and

(5) to do all things necessary or convenient, consistent with law, to further the activities and affairs of the Authority. (Added 1967, No. 332 (Adj. Sess.), § 2, eff. March 23, 1968; amended 1975, No. 176 (Adj. Sess.), § 7, eff. March 26, 1976; 1981, No. 225 (Adj. Sess.), §§ 1, 2; 1985, No. 3; 2011, No. 137 (Adj. Sess.), § 9, eff. May 14, 2012; 2013, No. 161 (Adj. Sess.), § 72; 2017, No. 69, § H.11, eff. June 8, 2017; 2017, No. 113 (Adj. Sess.), § 159.)