In each locality there is hereby created a political subdivision of the Commonwealth, with such public and corporate powers as are set forth in this chapter, to be known respectively as the "__________ (insert name of locality) Redevelopment and Housing Authority" or by an appropriate name and title to be determined by each locality (hereinafter referred to as "authority"); provided, however, that any authority not now activated shall not transact any business or exercise any powers authorized under this chapter until or unless the qualified voters of such locality shall, by a majority vote of such qualified voters voting in a referendum held as provided in § 36-4.1, indicate a need for an authority to function in such locality. The referendum to determine whether or not there is a need for an authority to function (i) may be called by the governing body by resolution or (ii) shall be called by the governing body upon the filing of a petition signed by at least two percent of the qualified voters registered in the jurisdiction, asserting that there is need for an authority to function in such locality and requesting the governing body to call such referendum.
The governing body may by resolution call for a referendum to determine whether there is need for an authority in the locality if the governing body believes it is appropriate for one of the reasons set out in § 36-2. In the case of a town located within the county, the town council shall first obtain the concurrence of the governing body of the county and the county redevelopment and housing authority prior to scheduling a referendum.
In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder if the voters of the locality have so indicated in a referendum held pursuant to § 36-4.1 that there is need for the authority.
1938, p. 448; Michie Code 1942, § 3145(4); 1946, p. 276; 1947, p. 138; 1952, c. 427; 1958, c. 533; 2006, c. 784; 2009, c. 78; 2022, c. 158.
Notes of Decisions
Andrews v. Richmond Redevelopment & Hous. Auth., 787 S.E.2d 96 (Va. 2016).
· cites it 4× “2-102. 7 As used in Title 36, Chapter 1, Article 1 of the Code, addressing "Housing Authorities Law," the terms "authority" and "housing authority" are defined as "any of the political subdivisions created by § 36-4.”
Virginia Elec. & Power Co. v. Hampton Redevelopment & Hous. Auth., 217 Va. 30 (Va. 1976).
· cites it 4× “he Commonwealth and as such entitled to the Commonwealth’s immunity from tort liability? While the Housing Authorities Law provides for a housing authority in each city and county and denominates the entity a political subdivision of the Commonwealth, such an authority does not…”
City of Charlottesville v. DeHaan, 323 S.E.2d 131 (Va. 1984).
· cites it 4× “A city is authorized to create a housing authority, Code § 36-4, and a housing authority is authorized to issue and sell revenue bonds to raise money for urban redevelopment, Code § 36-29.”
Kerns v. Wells Fargo Bank, N.A., 818 S.E.2d 779 (Va. 2018).
“See generally Sinclair, supra , § 36-4, at 36-34. Kerns next argues that if he had filed his breach of contract claims after acceleration but before foreclosure, there would be no cause of action because he had yet to lose his property.”
Short Pump Town Ctr. Cmty. Dev. Auth. v. Hahn, 554 S.E.2d 441 (Va. 2001).
· cites it 2× “13 (Roanoke Higher Education Authority created as a “political subdivision”); Code § 36-4 (redevelopment and housing authorities created as “political subdivision[s]”); Code § 36-55.”
Pearsall v. Richmond Redevelopment & Hous. Auth., 242 S.E.2d 228 (Va. 1978).
· cites it 2× “This action was filed on December 23, 1975 by appellee Richmond Redevelopment and Housing Authority, a political subdivision of the Commonwealth, Code § 36-4, against appellant John W. Pearsall and others to acquire approximately 70 parcels of real estate in the City of Richmond…”
Norfolk Fed'n of Bus. Districts v. Dep't of Hous. & Urban Dev., 932 F. Supp. 730 (E.D. Va. 1996).
· cites it 3× “185; Va.Code § 36-4. The legislature thereby acknowledged the need for a political subdivision of the Commonwealth to work to alleviate community structural problems other than those simply related to housing.”
Cent. Radio Co. Inc. v. City of Norfolk, 776 F.3d 229 (4th Cir. 2015).
“See Va. Code Ann. § 36-4 . 1 Under the sign code, a “temporary sign” is “[a] sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material designed to be displayed and removed within [specified] time periods.”
Andrews v. Richmond Redev't & Hous. Auth. (Va. 2016).
· cites it 4× “See Code § 36-4 (addressing each locality’s creation of a redevelopment and housing authority as “a political subdivision of the Commonwealth with such public and corporate powers as are set forth in this chapter”); see also Richmond Redevelopment & Hous.”
Norfolk Bus. Dist. v. HUD, 932 F. Supp. 730 (E.D. Va. 1996).
· cites it 3× “185; Va.Code § 36-4. The legislature thereby acknowledged the need for a political subdivision of the Commonwealth to work to alleviate community structural problems other than those simply related to housing.”
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