Bill Text: OH HB408 | 2011-2012 | 129th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To change the composition of certain metropolitan housing authorities.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2012-09-06 - Effective Date [HB408 Detail]
Download: Ohio-2011-HB408-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To change the composition of certain metropolitan housing authorities.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2012-09-06 - Effective Date [HB408 Detail]
Download: Ohio-2011-HB408-Introduced.html
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Representative Terhar
Cosponsors:
Representatives Grossman, Blessing, Slaby, Thompson, Stautberg, Stebelton
To amend section 3735.27 of the Revised Code to | 1 |
change the composition of certain metropolitan | 2 |
housing authorities. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3735.27 of the Revised Code be | 4 |
amended to read as follows: | 5 |
Sec. 3735.27. (A) Whenever the director of development has | 6 |
determined that there is need for a housing authority in any | 7 |
portion of any county that comprises two or more political | 8 |
subdivisions or portions of two or more political subdivisions but | 9 |
is less than all the territory within the county, a metropolitan | 10 |
housing authority shall be declared to exist, and the territorial | 11 |
limits of the authority shall be defined, by a letter from the | 12 |
director. The director shall issue a determination from the | 13 |
department of development declaring that there is need for a | 14 |
housing authority within those territorial limits after finding | 15 |
either of the following: | 16 |
(1) Unsanitary or unsafe inhabited housing accommodations | 17 |
exist in that area; | 18 |
(2) There is a shortage of safe and sanitary housing | 19 |
accommodations in that area available to persons who lack the | 20 |
amount of income that is necessary, as determined by the director, | 21 |
to enable them, without financial assistance, to live in decent, | 22 |
safe, and sanitary dwellings without congestion. | 23 |
In determining whether dwelling accommodations are unsafe or | 24 |
unsanitary, the director may take into consideration the degree of | 25 |
congestion, the percentage of land coverage, the light, air, | 26 |
space, and access available to the inhabitants of the dwelling | 27 |
accommodations, the size and arrangement of rooms, the sanitary | 28 |
facilities, and the extent to which conditions exist in the | 29 |
dwelling accommodations that endanger life or property by fire or | 30 |
other causes. | 31 |
The territorial limits of a metropolitan housing authority as | 32 |
defined by the director under this division shall be fixed for the | 33 |
authority upon proof of a letter from the director declaring the | 34 |
need for the authority to function in those territorial limits. | 35 |
Any such letter from the director, any certificate of | 36 |
determination issued by the director, and any certificate of | 37 |
appointment of members of the authority shall be admissible in | 38 |
evidence in any suit, action, or proceeding. | 39 |
A certified copy of the letter from the director declaring | 40 |
the existence of a metropolitan housing authority and the | 41 |
territorial limits of its district shall be immediately forwarded | 42 |
to each appointing authority. A metropolitan housing authority | 43 |
shall consist of members who are residents of the territory in | 44 |
which they serve. | 45 |
(B)(1) Except as otherwise provided in division (C), (D), | 46 |
(E), or (F) of this section, the members of a metropolitan housing | 47 |
authority shall be appointed as follows: | 48 |
(a)(i) In a district in a county in which a charter has been | 49 |
adopted under Article X, Section 3 of the Ohio Constitution, and | 50 |
in which the most populous city is not the city with the largest | 51 |
ratio of housing units owned or managed by the authority to | 52 |
population, one member shall be appointed by the probate court, | 53 |
one member shall be appointed by the court of common pleas, one | 54 |
member shall be appointed by the board of county commissioners, | 55 |
one member shall be appointed by the chief executive officer of | 56 |
the city that has the largest ratio of housing units owned or | 57 |
managed by the authority to population, and two members shall be | 58 |
appointed by the chief executive officer of the most populous city | 59 |
in the district. | 60 |
(ii) If, in a district that appoints members pursuant to | 61 |
division (B)(1)(a) of this section, the most populous city becomes | 62 |
the city with the largest ratio of housing units owned or managed | 63 |
by the authority to population, when the term of office of the | 64 |
member who was appointed by the chief executive officer of the | 65 |
city with the largest ratio expires, that member shall not be | 66 |
reappointed, and the membership of the authority shall be as | 67 |
described in division (B)(1)(b) of this section. | 68 |
(b) In any district other than one described in division | 69 |
(B)(1)(a) of this section, one member shall be appointed by the | 70 |
probate court, one member shall be appointed by the court of | 71 |
common pleas, one member shall be appointed by the board of county | 72 |
commissioners, and two members shall be appointed by the chief | 73 |
executive officer of the most populous city in the district. | 74 |
(2) At the time of the initial appointment of the authority, | 75 |
the member appointed by the probate court shall be appointed for a | 76 |
period of four years, the member appointed by the court of common | 77 |
pleas shall be appointed for three years, the member appointed by | 78 |
the board of county commissioners shall be appointed for two | 79 |
years, one member appointed by the chief executive officer of the | 80 |
most populous city in the district shall be appointed for one | 81 |
year, and the other member appointed by the chief executive | 82 |
officer of the most populous city in the district shall be | 83 |
appointed for five years. | 84 |
If appointments are made under division (B)(1)(a) of this | 85 |
section, the member appointed by the chief executive officer of | 86 |
the city in the district that is not the most populous city, but | 87 |
that has the largest ratio of housing units owned or managed by | 88 |
the authority to population, shall be appointed for five years. | 89 |
After the initial appointments, all members of the authority | 90 |
shall be appointed for five-year terms, and any vacancy occurring | 91 |
upon the expiration of a term shall be filled by the appointing | 92 |
authority that made the initial appointment. | 93 |
(3) For purposes of this division, population shall be | 94 |
determined according to the last preceding federal census. | 95 |
(C) For any metropolitan housing authority district that | 96 |
contained, as of the 1990 federal census, a population of at least | 97 |
one million, two members of the authority shall be appointed by | 98 |
the legislative authority of the most populous city in the | 99 |
district, two members shall be appointed by the chief executive | 100 |
officer of the most populous city in the district, and one member | 101 |
shall be appointed by the chief executive officer, with the | 102 |
approval of the legislative authority, of the city in the district | 103 |
that has the second highest number of housing units owned or | 104 |
managed by the authority. | 105 |
At the time of the initial appointment of the authority, one | 106 |
member appointed by the legislative authority of the most populous | 107 |
city in the district shall be appointed for three years, and one | 108 |
such member shall be appointed for one year; the member appointed | 109 |
by the chief executive officer of the city with the second highest | 110 |
number of housing units owned or managed by the authority shall be | 111 |
appointed, with the approval of the legislative authority, for | 112 |
three years; and one member appointed by the chief executive | 113 |
officer of the most populous city in the district shall be | 114 |
appointed for three years, and one such member shall be appointed | 115 |
for one year. Thereafter, all members of the authority shall be | 116 |
appointed for three-year terms, and any vacancy shall be filled by | 117 |
the same appointing power that made the initial appointment. At | 118 |
the expiration of the term of any member appointed by the chief | 119 |
executive officer of the most populous city in the district before | 120 |
March 15, 1983, the chief executive officer of the most populous | 121 |
city in the district shall fill the vacancy by appointment for a | 122 |
three-year term. At the expiration of the term of any member | 123 |
appointed by the board of county commissioners before March 15, | 124 |
1983, the chief executive officer of the city in the district with | 125 |
the second highest number of housing units owned or managed by the | 126 |
authority shall, with the approval of the municipal legislative | 127 |
authority, fill the vacancy by appointment for a three-year term. | 128 |
At the expiration of the term of any member appointed before March | 129 |
15, 1983, by the court of common pleas or the probate court, the | 130 |
legislative authority of the most populous city in the district | 131 |
shall fill the vacancy by appointment for a three-year term. | 132 |
After March 15, 1983, at least one of the members appointed | 133 |
by the chief executive officer of the most populous city shall be | 134 |
a resident of a dwelling unit owned or managed by the authority. | 135 |
At least one of the initial appointments by the chief executive | 136 |
officer of the most populous city, after March 15, 1983, shall be | 137 |
a resident of a dwelling unit owned or managed by the authority. | 138 |
Thereafter, any member appointed by the chief executive officer of | 139 |
the most populous city for the term established by this initial | 140 |
appointment, or for any succeeding term, shall be a person who | 141 |
resides in a dwelling unit owned or managed by the authority. If | 142 |
there is an elected, representative body of all residents of the | 143 |
authority, the chief executive officer of the most populous city | 144 |
shall, whenever there is a vacancy in this resident term, provide | 145 |
written notice of the vacancy to the representative body. If the | 146 |
representative body submits to the chief executive officer of the | 147 |
most populous city, in writing and within sixty days after the | 148 |
date on which it was notified of the vacancy, the names of at | 149 |
least five residents of the authority who are willing and | 150 |
qualified to serve as a member, the chief executive officer of the | 151 |
most populous city shall appoint to the resident term one of the | 152 |
residents recommended by the representative body. At no time shall | 153 |
residents constitute a majority of the members of the authority. | 154 |
(D)(1) For any metropolitan housing authority district that | 155 |
is located in a county that has, according to the most recent | 156 |
federal decennial census, a population greater than seven hundred | 157 |
thousand but less than nine hundred thousand, the members of the | 158 |
metropolitan housing authority shall be selected as follows: | 159 |
(a) One member shall be appointed by the probate court. | 160 |
(b) One member shall be appointed by the court of common | 161 |
pleas. | 162 |
(c) One member shall be appointed by the board of county | 163 |
commissioners. | 164 |
(d) Two members shall be appointed by the mayor of the most | 165 |
populous city in the district, subject to approval by city | 166 |
council. At least one of the initial appointments by the mayor | 167 |
shall be a resident of a dwelling unit owned or managed by the | 168 |
authority. Thereafter, any member appointed by the mayor of the | 169 |
most populous city for the term established by the initial | 170 |
appointment, or for any succeeding term, shall be a person who | 171 |
resides in a dwelling unit owned or managed by the authority. If | 172 |
there is an elected, representative body of all residents of the | 173 |
authority, the mayor of the most populous city shall, whenever | 174 |
there is a vacancy in the resident term, provide written notice of | 175 |
the vacancy to the representative body. If the representative body | 176 |
submits to the mayor of the most populous city, in writing and | 177 |
within sixty days after the date on which it was notified of the | 178 |
vacancy, the names of at least five residents of the authority who | 179 |
are willing and qualified to serve as a member, the mayor of the | 180 |
most populous city shall appoint to the resident term one of the | 181 |
residents recommended by the representative body. At no time shall | 182 |
residents constitute a majority of the members of the authority. | 183 |
(e) One member shall be nominated by the township association | 184 |
of the county. The board of county commissioners shall accept or | 185 |
reject the nominee. | 186 |
(f) One member shall be nominated by the municipal league of | 187 |
the county. The nominee shall not be a resident of the district's | 188 |
most populous city and shall represent a city that is | 189 |
substantially impacted as described in division (I) of this | 190 |
section. The board of county commissioners shall accept or reject | 191 |
the nominee. | 192 |
(2) At the time of the initial appointment of the authority | 193 |
described in division (D)(1) of this section, the member appointed | 194 |
by the probate court shall be appointed for a period of four | 195 |
years; the member appointed by the court of common pleas shall be | 196 |
appointed for three years; the member appointed by the board of | 197 |
county commissioners shall be appointed for two years; one member | 198 |
appointed by the mayor of the most populous city in the district | 199 |
shall be appointed for one year, and the other member appointed by | 200 |
the mayor of the most populous city in the district shall be | 201 |
appointed for five years; the member nominated by the township | 202 |
association of the county shall be appointed for the same number | 203 |
of years as the nonresident member of the authority appointed by | 204 |
the mayor of the most populous city in the district; and the | 205 |
member nominated by the municipal league of the county shall be | 206 |
appointed for the same number of years as the resident member of | 207 |
the authority appointed by the mayor of the most populous city in | 208 |
the district. | 209 |
After the initial appointments, all members of the authority | 210 |
shall be appointed for five-year terms, and any vacancy occurring | 211 |
upon the expiration of a term shall be filled by the authority | 212 |
that made the initial appointment or nomination. | 213 |
(E)(1) For any metropolitan housing authority district | 214 |
located in a county that had, as of the 2000 federal census, a | 215 |
population of at least four hundred thousand and no city with a | 216 |
population greater than thirty per cent of the total population of | 217 |
the county, one member of the authority shall be appointed by the | 218 |
probate court, one member shall be appointed by the court of | 219 |
common pleas, one member shall be appointed by the chief executive | 220 |
officer of the most populous city in the district, and two members | 221 |
shall be appointed by the board of county commissioners. | 222 |
(2) At the time of the initial appointment of a metropolitan | 223 |
housing authority pursuant to this division, the member appointed | 224 |
by the probate court shall be appointed for a period of four | 225 |
years, the member appointed by the court of common pleas shall be | 226 |
appointed for three years, the member appointed by the chief | 227 |
executive officer of the most populous city shall be appointed for | 228 |
two years, one member appointed by the board of county | 229 |
commissioners shall be appointed for one year, and the other | 230 |
member appointed by the board of county commissioners shall be | 231 |
appointed for five years. Thereafter, all members of the authority | 232 |
shall be appointed for five-year terms, with each term ending on | 233 |
the same day of the same month as the term that it succeeds. | 234 |
Vacancies shall be filled in the manner provided in the original | 235 |
appointments. Any member appointed to fill a vacancy occurring | 236 |
prior to the expiration of the term shall hold office as a member | 237 |
for the remainder of that term. | 238 |
| 239 |
metropolitan housing authority when required by federal law. The | 240 |
chief executive officer of the most populous city in the district | 241 |
shall appoint that resident member for a term of five years. | 242 |
Subsequent terms of that resident member also shall be for five | 243 |
years, and any vacancy in the position of the resident member | 244 |
shall be filled by the chief executive officer of the most | 245 |
populous city in the district. Any member appointed to fill such a | 246 |
vacancy shall hold office as a resident member for the remainder | 247 |
of that term. If, at any time, a resident member no longer | 248 |
qualifies as a resident, another resident member shall be | 249 |
appointed by the appointing authority who originally appointed the | 250 |
resident member to serve for the unexpired portion of that term. | 251 |
(2) On and after | 252 |
September 29, 2005, any metropolitan housing authority to which | 253 |
two additional members were appointed pursuant to former division | 254 |
(E)(1) of this section as enacted by Amended Substitute House Bill | 255 |
No. 95 of the 125th general assembly shall continue to have those | 256 |
additional members. Their terms shall be for five years, and | 257 |
vacancies in their positions shall be filled in the manner | 258 |
provided for their original appointment under former division | 259 |
(E)(1) of this section as so enacted. | 260 |
| 261 |
appointing power under this section, shall be eligible to serve as | 262 |
members, officers, or employees of a metropolitan housing | 263 |
authority notwithstanding any statute, charter, or law to the | 264 |
contrary. Not more than two such public officials shall be members | 265 |
of the authority at any one time. | 266 |
All members of an authority shall serve without compensation | 267 |
but shall be entitled to be reimbursed for all necessary expenses | 268 |
incurred. | 269 |
After a metropolitan housing authority district is formed, | 270 |
the director may enlarge the territory within the district to | 271 |
include other political subdivisions, or portions of other | 272 |
political subdivisions, but the territorial limits of the district | 273 |
shall be less than that of the county. | 274 |
| 275 |
shall require a majority affirmative vote to pass. A tie vote | 276 |
shall constitute a defeat of any measure receiving equal numbers | 277 |
of votes for and against it. | 278 |
(2) The members of a metropolitan housing authority shall act | 279 |
in the best interest of the district and shall not act solely as | 280 |
representatives of their respective appointing authorities. | 281 |
(I) "Substantially impacted" as used in division (D)(1)(f) of | 282 |
this section means a city within a metropolitan housing authority | 283 |
that, based on the percentage of housing units that are subsidized | 284 |
housing, is in the top one-third of cities within the county. | 285 |
Section 2. That existing section 3735.27 of the Revised Code | 286 |
is hereby repealed. | 287 |