Request By:
Mr. Wilburn J. Pratt
Commissioner
Department for Local Government
909 Leawood Drive
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Department for Local Government is required by KRS 147A.020 to serve as a liaison with respect to the Federal Housing and Urban Development Act and to provide administrative assistance to local government in community development.
Under the Section 8 Existing Housing Program [42 U.S.C.A. § 1437f and 24 CFR § 882], lower income housing assistance is given by HUD by subsidizing the rental payments involving existing dwellings owned by private individuals. The assistance payments from HUD go to the "public housing agency" designated to receive the money and distribute it to each affected dwelling unit owner.
In OAG 79-617 we concluded that any of the public housing agencies who are parties signatory to an interlocal agreement may, if so designated in the agreement, carry out the terms of the agreement, relating to handling of HUD rental payments subsidy, within the total or collective boundary of the cities and counties participating in the agreement.
Concerning that conclusion, you raise questions, which we shall list in that order.
Question No. 1:
"May a city housing agency operate a Section 8 Existing Housing Program within the boundaries of another city under the provisions of KRS 80.580?"
Since we are dealing with the context of the Section 8 program, the answer is that KRS 80.580 is not designed to accommodate the distributions of rent money program. The statute is framed around actual "housing projects", not owned by private persons. See definition of "housing project" in KRS 80.010(1). In the Section 8 program situation, the Interlocal Cooperation Act is the foundation of the opinion's conclusion. See specifically KRS 65.240.
Question No. 2:
"May any local public housing agency operate a Section 8 Existing Housing Program outside of its territory under the provisions of KRS 80.590?"
Here again the answer is "no". The reasons given in Question 1 apply here.
Question NO. 3:
"May a local public housing agency operate a Section 8 Existing Housing Program outside of its territorial jurisdiction but within the county in which it is located under the provisions of KRS 79.110 - 79.180?"
The answer is "yes". We are assuming that the fiscal court of the county and a city or cities within the county and a city housing authority join together in such an agreement. But the agreement would be restricted to the boundary of the one county.