GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-366
AN ACT ALLOWING COUNTIES TO PROVIDE AFFORDABLE HOUSING FOR PERSONS OF LOW AND MODERATE INCOME.
The General Assembly of North Carolina enacts:
Section 1. The General Assembly finds and declares that the purpose of this act is to provide authority for counties in North Carolina to provide funds for residential housing construction, new or rehabilitated, and to provide for the sale or rental of housing to persons and families of low and moderate income. The General Assembly finds and declares that there exists in counties in the State a serious shortage of decent, safe, and sanitary residential housing available at low prices or rentals to persons and families of low and moderate income. This shortage is inimical to the health, safety, welfare, and prosperity of all residents of the State and to the sound growth of North Carolina communities.
Section 2. Part 5 of Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-378. Low- and moderate-income housing programs.
In addition to the powers granted by G.S. 153A-376 and G.S. 153A-377, any county is authorized to exercise the following powers:
(1) To engage in and to appropriate and expend funds for residential housing construction, new or rehabilitated, for sale or rental to persons and families of low and moderate income. Any board of commissioners may contract with any person, association, or corporation to implement the provisions of this subdivision.
(2) To acquire real property by voluntary purchase from the owners to be developed by the county or to be used by the county to provide affordable housing to persons of low and moderate income.
(3) Under procedures and standards established by the county, to convey property by private sale to any public or private entity that provides affordable housing to persons of low or moderate income. The county shall include as part of any such conveyance covenants or conditions that assure the property will be developed by the entity for sale or lease to persons of low or moderate income.
(4) Under procedures and standards established by the county, to convey residential property by private sale to persons of low or moderate income in accordance with G.S. 160A-267 and any terms and conditions that the board of commissioners may determine."
Section 3. G.S. 153A-149(c) is amended by adding a new subdivision to read:
"(15b) Housing. - To undertake housing programs for low- and moderate-income persons as provided in G.S. 153A-378."
Section 4. G.S. 159-48(c) reads as rewritten:
"(c) Each county is
authorized to borrow money and issue its bonds under this Article in evidence
of the debt for the purpose of, in the case of subdivisions (1) through (4a) of
this subsection, paying any capital costs of any one or more of the purposes
and, in the case of subdivision (5) subdivisions (5) and (6) of
this subsection, to finance the cost of the purpose:
(1) Providing community college facilities, including without limitation buildings, plants, and other facilities, physical and vocational educational buildings and facilities, including in connection therewith classrooms, laboratories, libraries, auditoriums, administrative offices, student unions, dormitories, gymnasiums, athletic fields, cafeterias, utility plants, and garages.
(2) Providing courthouses, including without limitation offices, meeting rooms, court facilities and rooms, and detention facilities.
(3) Providing county homes for the indigent and infirm.
(4) Providing school facilities, including without limitation schoolhouses, buildings, plants and other facilities, physical and vocational educational buildings and facilities, including in connection therewith classrooms, laboratories, libraries, auditoriums, administrative offices, gymnasiums, athletic fields, lunchrooms, utility plants, garages, and school buses and other necessary vehicles.
(4a) Providing improvements to subdivision and residential streets pursuant to G.S. 153A-205.
(5) Providing for the octennial revaluation of real property for taxation.
(6) Providing housing projects for persons of low or moderate income, including construction or acquisition of projects to be owned by a county, redevelopment commission, or housing authority and the provision of loans, grants, interest supplements, and other programs of financial assistance to such persons. A housing project may provide housing for persons of other than low or moderate income if at least forty percent (40%) of the units in the project are exclusively reserved for persons of low or moderate income. No rent subsidy may be paid from bond proceeds."
Section 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:35 p.m. this 4th day of August, 1999