Nebraska Revised Statute 71-1588

Chapter 71 Section 1588

71-1588.

Area of operation; effect on jurisdiction.

(1) The area of operation of a local housing agency shall be, depending upon the classification of the political subdivision establishing the agency, one of the following:

(a) In the case of a local housing agency established by a city, the agency's area of operation shall be the city and the area within ten miles from the territorial boundaries thereof. For purposes of this subdivision, home county means the county in which the city establishing the local housing agency is situated. Depending upon the geographical location of the city, an area of operation may include portions of one or more counties. It may also include areas lying within the territorial boundaries of cities outside the city establishing the local housing agency. In order to resolve territorial conflicts, the following rules shall apply:

(i) In the case of the local housing agency's home county, it may operate outside of the area described in subdivision (a) of this subsection in the unincorporated areas of the home county without the need for the county's consent unless the home county has established its own local housing agency. If the home county has established a local housing agency, then the city's local housing agency may so operate outside the area described in this subdivision only with the consent of the county board;

(ii) In the case of incorporated areas of the home county, the local housing agency may only operate within the territorial boundaries thereof by consent of the other city and its local housing agency, if any;

(iii) In the case of unincorporated portions of counties other than the local housing agency's home county, it may operate only with the consent of the county board, regardless of whether the other county has established a local housing agency;

(iv) In the case of incorporated areas within other counties, it may operate only with the consent of the governing body of any city incorporating such areas and, if the other city has also established its own local housing agency, also with the consent of the other local housing agency; and

(v) Notwithstanding any other provision of this section, a local housing agency may, subject to the limitations stated in subdivision (28) of section 71-15,113, provide rental assistance to persons residing outside the agency's area of operation as defined in this section;

(b) In the case of a local housing agency established by a county, the agency's area of operation shall be all of the county except that portion which lies within the territorial boundaries of any city in which a local housing agency has been established;

(c) In the case of a regional housing agency, the agency's area of operation shall be an area equivalent to the total areas of operation which the local housing agencies, if created separately by political subdivisions establishing the regional housing agency, would have when aggregated. The area of operation of a regional housing agency shall not include any area which lies within the territorial boundaries of any city or county in which a local housing agency has been established and which city or county is not a participant in the regional housing agency. The local housing agency of the city or county and the governing body of the city or county may consent to the operation of one or more developments by the regional housing agency within the city's or county's territorial boundaries; and

(d) Whether due to changes in the boundaries of cities or counties which have established local housing agencies, or the establishment of new local housing agencies, or for any other reason, territories may exist that include the area of operation of two or more local housing agencies. Such areas shall be areas of concurrent jurisdiction. No local housing agency whose area of operation includes an area of concurrent jurisdiction shall construct, acquire, or develop any new housing development within the area of concurrent jurisdiction except upon sixty days' prior written notice to all other local housing agencies existing within such area of concurrent jurisdiction. The notice shall specify the location, size, and general nature of the proposed new development. Any local housing agency receiving the notice shall have thirty days to send written objections thereto to the local housing agency sending the notice and proposing the new development. If written objections are timely made, the local housing agency proposing the new development shall not proceed unless and until both agencies have made a good faith effort to resolve their differences and, failing such resolution, the proposing local housing agency shall submit the matter to the governing body of the city or county in which the proposed new development is planned to be located. The governing body, after allowing both local housing agencies to be heard, shall decide whether the new development shall be constructed, acquired, or developed by the local housing agency proposing such action.

(2) Any housing development established by a housing agency pursuant to law shall continue to be maintained and operated by the housing agency so establishing the development or its designee unless the development is conveyed to another housing agency or to a city, county, or other public agency or is otherwise disposed of in accordance with law.

(3) Notwithstanding the area of operation as provided in this section, all local housing agencies shall have the jurisdiction and authority to cooperate and contract with all other local housing agencies and other public agencies within this state and any public agencies of any other state, with the federal government, and with any person or entity, public or private, and wherever located, in order to carry out the purposes of the Nebraska Housing Agency Act. Such cooperation may include, but shall not be limited to, activities and operations conducted with the agreement of any public agency. The area of operation of a local housing agency shall be deemed to include any other area or areas within any city or county, regardless of location, with respect to which the city or county within whose boundaries such area or areas lie agrees to allow the local housing agency to operate.