Powers and duties of the Authority

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  • The Authority shall have all the powers necessary and convenient to carry out and perform the purposes and provisions of this chapter (except the power to levy and collect taxes or special assessments), including the following powers in addition to other powers granted in this chapter, and may—
    • (1) have perpetual succession;

    • (2) sue and be sued;

    • (3) have a seal and modify it;

    • (4) enter into and execute contracts and instruments of every kind and nature, necessary or convenient to the exercise of its powers and functions;

    • (5) make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority;

    • (6) borrow money from public and private sources, and give such security therefor as may be required;

    • (7) apply for and accept advances, loans, grants, contributions, gifts, donations, appropriations of funds and any other form of financial assistance from the Federal Government, the Government of the United States Virgin Islands, or other public body or agency, or from any sources, public or private, for the purposes of this chapter, and enter into and carry out contracts in connection therewith;

    • (8) deposit funds in banking institutions which are members of the Federal Deposit Insurance Corporation;

    • (9) invest funds in property or securities approved for investment by the Federal Government or the Government of the United States Virgin Islands;

    • (10) acquire any real or personal property, or any interest or estate therein, by lease, option, purchase, gift, grant, donation, appropriation, bequest, devise or by the exercise of eminent domain, or otherwise;

    • (11) own, hold, improve, clear, or prepare for redevelopment any such property;

    • (12) sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such: Provided, however, That no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so state;

    • (13) acquire by condemnation any interest in real property, including a fee simple title thereto, which the Authority may deem necessary for or in connection with any project under this chapter; Provided, That as a condition of the exercise of the power of eminent domain to acquire any real property or interest therein which the Authority may deem necessary for its purposes under this chapter, the Authority shall first adopt a resolution finding and declaring that the acquisition of such property (which shall be generally described in the resolution) is necessary for such purposes;

    • (14) exercise the power of eminent domain in the manner now or which may be hereafter provided by law for the exercise of such power by the Government of the United States Virgin Islands or any other governmental or public body or agency vested with such power in the Virgin Islands;

    • (15) acquire property already devoted to public use; Provided, That no real property belonging to the Virgin Islands may be acquired without the consent of the Government of the United States Virgin Islands;

    • (16) provide or arrange or contract for the furnishing of repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities of every kind and nature, for and in connection with the preparation, planning, development, construction, operation and disposition of projects;

    • (17) install, construct, and reconstruct streets, utilities, parks, play grounds and other public improvements;

    • (18) insure, or provide for the insurance, in any stock or mutual company or any public or private insurance facility, or any real or personal property, or operations, of the Authority, against any risks and hazards;

    • (19) undertake and carry out studies, analyses, research, and investigations of living and housing conditions, and housing needs, within its area of operation, and of means and methods of dealing with needs disclosed by such studies;

    • (20) make available to the public the results of such studies and information of housing;

    • (21) determine where, and that, in its area of operation, slum and blighted conditions or areas exist, or where, and that, there is a shortage of safe, decent, and sanitary dwellings for low-income families;

    • (22) make findings, determinations, and recommendations concerning matters relating to housing and means and methods of dealing with such matters;

    • (23) carry into effect such findings, determinations and recommendations;

    • (24) cooperate with, and participate in activities of local, regional or national agencies, organizations, institutions, or other official or unofficial bodies engaged in the same or related fields;

    • (25) perform all appropriate functions with respect to housing activities and projects;

    • (26) make, and cause to be made, all surveys, appraisals and plans necessary to carry out its activities and the purposes of this chapter, and in connection therewith to enter upon any land, property, or structure, for such purposes, and make soundings, test borings, or any other technical investigations, enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; utilize and employ, by contract or otherwise, any persons or agencies for the making of such surveys, studies, and plans, and the technical work incidental thereto;

    • (27) within its area of operation, make or have made all plans necessary to the carrying out of the purposes of this chapter and contract with any person, public or private, in making and carrying out such plans; adopt, modify and amend such plans in accordance with the provisions of this chapter, and include in such plans, without limitation, (a) plans for low-rent public housing, (b) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, (c) plans for the enforcement of local laws, codes and regulations relating to the use of land and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings, and improvements, and (d) appraisals, title searches, maps, surveys, studies and other preliminary plans and work necessary to prepare for the undertaking of projects;

    • (28) undertake and carry out, within its area of operation, housing projects and in connection therewith plan, prepare, develop, construct, acquire, lease and dispose of any such projects within the contemplation of this chapter;

    • (29) provide for the planning, preparation, development, construction, acquisition, lease, disposition, reconstruction, improvement, alteration, extension, repair, maintenance, and operation of any such projects;

    • (30) lease any dwellings, accommodations, land, structures, or facilities embraced in any project;

    • (31) clear or prepare any property owned by it for redevelopment, conservation or rehabilitation;

    • (32) establish from time to time standards of eligibility for admission to, and occupancy of, low-income public housing dwellings and facilities;

    • (33) adopt from time to time rules, regulations and conditions of admission to, and occupancy of, low-income public housing dwellings and facilities, including rents and charges therefor;

    • (34) make such expenditures, subject to the provisions of this chapter or any other applicable law, regulations or restriction, as may be necessary for the activities and operations of the Authority and carry out the purpose of this chapter;

    • (35) conduct examinations and investigations on any matters material to the functions of the Authority, subject to the following conditions: (a) three commissioners shall be designated by the Board in each instance to conduct such examinations or investigations, and a majority vote of such commissioners shall be necessary for the issuance of subpoenas requiring the attendance of witnesses, or production of records, or of commissions for the examination of witnesses or materials outside of the Virgin Islands or otherwise not available to the Authority within the Virgin Islands; (b) one or more of such commissioners may administer oaths to witnesses, may conduct investigations and examinations, hear testimony, and take proof, under oath or otherwise, at public and private hearings; and (c) the affirmative vote of all such commissioners in office shall be required to cite any person for failure to obey a subpoena, or for contempt by failure or refusal to answer questions, or otherwise, and to seek enforcement of any such citation in a court of competent jurisdiction;

    • (36) report to the Executive Director of the Virgin Islands Housing Finance Authority the existence of conditions or the occurrence of events relating to functions and operations of the Authority, including, but not limited to, the existence of unsafe or insanitary structures, the blighting of areas, and other matters affecting the public health, morals, welfare and safety;

    • (37) exercise all, or any part, or combination of the powers in this chapter granted;

    • (38) notwithstanding any other provisions of this Code relating to the assignment and sale of dwellings constructed pursuant to any Government sponsored housing project, the Authority shall have the sole power and authority to establish from time to time the preferences or standards of eligibility for the purchase of such dwelling in accordance with the provisions of all federal laws and the laws of the Virgin Islands. The Authority shall keep and maintain a master list of eligible applicants for the purchase of such dwellings in each such housing project and the sale of all such dwellings shall be in accordance therewith.


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