SENATOR Coughlin

To amend section 3735.27 of the Revised Code to

1

change the composition of certain metropolitan

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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 thereofof two or more political	9
subdivisions but is less than all the territory within the county,	10
a metropolitan housing authority shall be declared to exist, and	11
the territorial limits thereofof the authority shall be defined,	12
by a letter from the director. The director shall issue a	13
determination from the department of development declaring that	14
there is need for a housing authority within suchthose	15
territorial limits after finding either of the following:	16

(1) Unsanitary or unsafe inhabited housing accommodations	17
exist in suchthat area;	18

(2) There is a shortage of safe and sanitary housing	19
accommodations in suchthat area available to persons who lack the	20
amount of income whichthat is necessary, as determined by the	21
director, to enable them, without financial assistance, to live in	22
decent, 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 suchthe	27
dwelling accommodations, the size and arrangement of the rooms,	28
the sanitary facilities, and the extent to which conditions exist	29
in such buildings whichthe dwelling accomodations that endanger	30
life or property by fire or other causes.	31

The territorial limits of a metropolitan housing authority,	32
as defined by the director,under this division shall be fixed for	33
suchthe authority upon proof of a letter from the director	34
declaring the need for suchthe authority to function in those	35
territorial limits. Any such letter from the director, any	36
certificate of determination issued by the director, and any	37
certificate of appointment of members of the authority shall be	38
admissible in 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 boundaries	41
the territorial limits of aits metropolitan housing authority	42
district, shall be immediately forwarded to each appointing	43
authority. A metropolitan housing authority shall consist of five	44
members, who shall be residents of the territory embraced in such	45
metropolitan housing authorityits district.	46

(B) Except as otherwise provided in division (C) of this	47
section, one member of a metropolitan housing authority shall be	48
appointed by the probate court, one member shall be appointed by	49
the court of common pleas, one member shall be appointed by the	50
board of county commissioners, and two membersone member shall be	51
appointed by the chief executive officer of the most populous city	52
in the territory included in themetropolitan housing authority	53
district, in accordance withaccording to the last preceding	54
federal census, and one member shall be appointed by the chief	55
executive officer of the city in the district that has the largest	56
ratio of public housing in that city to population according to	57
the last preceding federal census. At the time of the initial	58
appointment of the authority, the member appointed by the probate	59
court shall be appointed for a period of four years, the appointee	60
ofmember appointed by the court of common pleas shall be	61
appointed for three years, the appointee ofmember appointed by	62
the board of county commissioners shall be appointed for two	63
years, one appointee of the member appointed by the chief	64
executive officer of the most populous city in the district shall	65
be appointed for one year, and one appointee of the member	66
appointed by the chief executive officer of the city in the	67
district with such public housing ratio shall be appointed for	68
five years. ThereafterAfter the initial appointment, all members	69
of the authority shall be appointed for five-year terms, and	70
vacancies due to expired termsany vacancy occurring upon the	71
expiration of a term shall be filled by the same appointing powers	72
authority that made the initial appointment.	73

(C) For any metropolitan housing authority district that	74
contained, as of the 1990 federal census, a population of at least	75
one million, two members of the authority shall be appointed by	76
the municipal legislative authority of the most populous city in	77
the territory included in the district, two members shall be	78
appointed by the chief executive officer of the most populous city	79
in the territory included in the district, and one member shall be	80
appointed by the chief executive officer, with the approval of the	81
municipal legislative authority, of the city in the district which	82
that has the second highest number of housing units owned or	83
managed by the authority.	84

At the time of the initial appointment of the authority, one	85
member appointed by the municipal legislative authority of the	86
most populous city in the territory included in the district shall	87
be appointed for three years, and one such member shall be	88
appointed for one year; the appointee ofmember appointed by the	89
chief executive officer of the city with the second highest number	90
of housing units owned or managed by the authority shall be	91
appointed, with the approval of the municipal legislative	92
authority, for three years; and one appointee ofmember appointed	93
by the chief executive officer of the most populous city in the	94
district shall be appointed for three years, and one such member	95
shall be appointed for one year. Thereafter, all members of the	96
authority shall be appointed for three-year terms, and any vacancy	97
shall be filled by the same appointing powerauthority that made	98
the initial appointment. At the expiration of the term of any	99
member appointed by the chief executive officer of the most	100
populous city in the territory included in the district prior to	101
before March 15, 1983, the chief executive officer of the most	102
populous city in the district shall fill the vacancy by	103
appointment for a three-year term. At the expiration of the term	104
of any member appointed by the board of county commissioners prior	105
tobefore March 15, 1983, the chief executive officer of the city	106
in the district with the second highest number of housing units	107
owned or managed by the authority shall, with the approval of the	108
municipal legislative authority, fill the vacancy by appointment	109
for a three-year term. At the expiration of the term of any member	110
appointed prior tobefore March 15, 1983, by the court of common	111
pleas or the probate court, the legislative authority of the most	112
populous city in the territory included in the district shall fill	113
the vacancy by appointment for a three-year term.	114

After March 15, 1983, at least one of the members appointed	115
by the chief executive officer of the most populous city shall be	116
a resident of a dwelling unit owned or managed by the housing	117
authority. At least one of the initial appointments by the chief	118
executive officer of the most populous city, after March 15, 1983,	119
shall be a resident of a dwelling unit owned or managed by the	120
housing authority. Thereafter, any member appointed by the chief	121
executive officer of the most populous city for the term	122
established by this initial appointment, or for any succeeding	123
term thereof, shall be a person who resides in a dwelling unit	124
owned or managed by the housing authority. If there is an elected,	125
representative body of all residents of the housing authority,	126
then the chief executive officer of the most populous city shall,	127
whenever there is a vacancy in this resident term, provide written	128
notice of the vacancy to the representative body. If the	129
representative body submits to the chief executive officer of the	130
most populous city, in writing and within sixty days after the	131
date on which it was notified of the vacancy, the names of at	132
least five residents of the housing authority who are willing and	133
qualified to serve as a member, then the chief executive officer	134
of the most populous city shall appoint to the resident term one	135
of the residents recommended by the representative body. At no	136
time shall residents constitute a majority of the members of the	137
authority.	138

(D) Public officials, other than the officers having the	139
appointing powerauthority under this section, shall be eligible	140
to serve as members, officers, or employees of thea metropolitan	141
housing authority notwithstanding any statute, charter, or law to	142
the contrary. Not more than two such public officials shall be	143
members of the authority at any one time.	144

All members of such housingan authority shall serve without	145
compensation but shall be entitled to be reimbursed for all	146
necessary expenses incurred. After such	147

After a metropolitan housing authority district has beenis	148
formed, the director may enlarge the territory within suchthe	149
district to include other political subdivisions, or portions	150
thereofof other political subdivisions, but the territorial	151
limits of whichthe district shall be less than that of the	152
county.	153

Section 2. That existing section 3735.27 of the Revised Code	154
is hereby repealed.	155

Section 3. Notwithstanding anything to the contrary in	156
section 3735.27 of the Revised Code, the membership of any	157
metropolitan housing authority organized under division (B) of	158
that section that is in existence on the effective date of this	159
act shall change as follows: the first time after the effective	160
date of this act that the term of office of a member appointed by	161
the chief executive officer of the most populous city in the	162
district is to expire, the successor to that member, then and	163
thereafter, shall be appointed by the chief executive officer of	164
the city in the district that has the largest ratio of public	165
housing in that city to population according to the last preceding	166
federal census.	167