Title 36, Chapter 41, Section 5
( 36-41-5)
(a) Except as otherwise limited by this chapter, each authority
shall have the power: (1) To bring and defend actions; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts and all other instruments
necessary or convenient for the exercise of its powers and
functions under this chapter, including contracts with any agency
or authority or nonprofit housing corporation within this state; (4) To make and alter bylaws for its organization and internal
management; (5) To acquire, hold, and dispose of real and personal property
for its corporate purposes; (6) To appoint officers, agents, and employees, prescribe their
duties and qualifications, and fix their compensation; (7) To borrow money and to issue bonds, the term of which shall
not exceed 40 years, and to provide for the rights of the holders
thereof; (8) To make loans pursuant to Code Section 36-41-6 for the financing, acquisition, or rehabilitation of residential housing, the repayment of which is secured by mortgages or security interests or other assets and funds of the authority or other security devices determined to be satisfactory by the authority; to participate in the making of loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to undertake commitments to make loans secured by mortgages or security interests or other security devices determined to be satisfactory by the authority; to acquire and, pursuant to Code Section 36-41-7, to contract to acquire mortgages or security interests or participations therein, owned by lending institutions, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or security interests or participations; (9) To sell mortgages and security interests at public or private
sale; to negotiate modifications or alterations in mortgages and
security interests; to foreclose on any mortgage or security
interest in default or commence any action to protect or enforce
any right conferred upon it by any law, mortgage, security
interest, contract, or other agreement; and to bid for and
purchase property which was the subject of such mortgage or
security interest, at any foreclosure or at any other sale, to
acquire or take possession of any such property; and, in the event
that the authority takes possession of any such property, to
complete, administer, and pay the principal and interest of any
obligations incurred in connection with such property and to
operate, manage, lease, dispose of, and otherwise deal with such
property in such manner as may be necessary or desirable to
protect the interests of the authority and the holders of its
bonds and other obligations;
(10) To collect fees and charges in connection with its loans,
commitments, and servicing, including, but not limited to,
reimbursement of costs of financing as the authority shall
determine to be reasonable and as shall be approved by the
authority; (11) To make and execute contracts for the servicing of mortgages
made or acquired by the authority pursuant to this chapter and to
pay the reasonable value of services rendered to the authority
pursuant to those contracts; (12) To accept gifts, grants, loans, or other aid from the federal
government, the state or any county or municipality within the
state or any persons or corporations and to agree and comply with
any conditions attached to such financial assistance; (13) Subject to any agreement with bondholders, to invest moneys
of the authority not required for immediate use to carry out the
purposes of this chapter, including the proceeds from the sale of
any bonds and any moneys held in reserve funds, in obligations
which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other
obligations, the principal and interest of which are guaranteed
by the state; (B) Bonds or other obligations of the United States or of
subsidiary corporations of the United States government fully
guaranteed by such government; (C) Obligations of agencies of the United States government
issued by the Federal Land Bank, the Federal Home Loan Bank, the
Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing
agency or municipality in the United States, which bonds or
obligations are fully secured as to the payment of bond
principal and interest by a pledge of annual contributions under
an annual contributions contract or contracts with the United
States government, or project notes issued by any public housing
agency, urban renewal agency, or municipality in the United
States and fully secured as to payment of both principal and
interest by a requisition, loan, or payment agreement with the
United States government; (E) Certificates of deposit of national or state banks which
have deposits insured by the Federal Deposit Insurance
Corporation or the Georgia Deposit Insurance Corporation and
certificates of deposit of federal savings and loan associations
and state building and loan associations which have deposits
insured by the Federal Savings and Loan Insurance Corporation or
the Georgia Deposit Insurance Corporation, including the
certificates of deposit of any bank, savings and loan
association, or building and loan association acting as
depository, custodian, or trustee for any such bond proceeds;
provided, however, that the portion of such certificates of
deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation or the Georgia Deposit Insurance Corporation, if any
such excess exists, shall be secured by deposit with the Federal
Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of
Atlanta, Georgia, or with any national or state bank, of one or
more of the following securities in an aggregate principal
amount equal at least to the amount of such excess: (i) Direct or general obligations of the state or of any
county or municipality in the state; (ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government
included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing
agencies, urban renewal agencies, or municipalities included
in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements,
reverse repurchase agreements, rate guarantee agreements, or
other similar banking arrangements with a bank or trust company
having capital and surplus aggregating at least $50 million or
with any government bond dealer reporting to, trading with, and
recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with
any corporation which is subject to registration with the Board
of Governors of the Federal Reserve System pursuant to the
requirements of the Bank Holding Company Act of 1956, provided
that each such interest-bearing time deposit, repurchase
agreement, reverse repurchase agreement, rate guarantee
agreement, or other similar banking arrangement shall permit the
moneys so placed to be available for use at the time provided
with respect to the investment or reinvestment of such moneys;
and (G) Any and all other obligations of investment grade and having
a national recognized market including, but not limited to, rate
guarantee agreements, guaranteed investment contracts, or other
similar arrangements offered by any firm, agency, business,
governmental unit, bank, insurance company, or other entity,
provided that each such obligation shall permit moneys so placed
to be available for use at the time provided with respect to the
investment or reinvestment of such moneys; (14) To make and contract to make loans to lending institutions on such terms and conditions as it shall determine. All lending institutions are authorized to borrow from the authority in accordance with subsection (d) of Code Section 36-41-6 and the administrative guidelines established by the authority pursuant to criteria set forth in this chapter; (15) To procure insurance against any loss in connection with its
property and other assets; (16) To do any and all things necessary or convenient to carry out
its purposes and exercise the powers given and granted in this
chapter; (17) To make loans pursuant to Code Section 36-41-6 to finance the construction of residential housing; (18) To engage in and assist in the development and operation of low and moderate income housing pursuant to Code Section 8-3-30; (19) To participate in or administer federal programs for the
issuance of mortgage credit and to do all things necessary or
convenient to qualify as an issuer of mortgage credit
certificates; (20) To participate in or administer or participate in and
administer any federal, state, county, or municipal program
designed to assist in lowering the cost of housing for eligible
households; (21) To provide financing for housing projects, without regard to
targeting for eligible households, which encourages the
development of housing in accordance with the comprehensive
development plan of the municipality activating the authority; (22) To participate, own, lease, develop, operate, or manage
residential housing or other real and personal property in
cooperation, joint venture, partnership, or other contractual
obligations with the federal government, state, or any county or
municipality within the state, or any qualified housing sponsor;
and (23) To participate in, issue on behalf of, or jointly issue any
bonds, notes, or other obligations with any public housing
authority, downtown development authority, or development
authority within the state or the Georgia Housing and Finance
Authority. (b) No authority shall have the power of eminent domain. (c) Each authority shall establish administrative guidelines as to income limitations for eligible households for the purposes of paragraph (3) of Code Section 36-41-3 by taking into account the following considerations, among others determined by the authority to be appropriate: (1) The size of the family or number of persons who intend to
reside together; (2) The conditions and costs of obtaining and maintaining existing
and available housing within the geographic boundaries of the
municipality activating the authority; (3) The costs of obtaining and maintaining newly constructed or
rehabilitated housing within the geographic boundaries of the
municipality activating the authority, including considerations of
the total rehabilitation costs of such housing and the costs of
financing such housing as affected by prevailing and available
financing terms and conditions relating to nonfederally aided and
nonstate aided mortgages; and (4) The age or physical condition of the persons who intend to
reside in the residential housing. (d) The administrative guidelines established by each authority
pursuant to subsection (c) of this Code section may differ in order
to reflect the varying tenant composition and economic and housing
conditions within the jurisdiction of each authority. |