66.38
66.38
Municipal mortgage housing assistance. 66.38(1)(1)
Definitions. In this section:
66.38(1)(a)
(a) "Debt service" means the amount due of principal, interest and premium for mortgage revenue bonds or revenue bonds issued under this section.
66.38(1)(b)
(b) "Dwelling" means any structure used or intended to be used for habitation with up to 2 separate units certified for occupancy by the city. "Dwelling" also means any housing cooperative incorporated under
ch. 185.
66.38(1)(c)
(c) "Lending institution" means any private business issuing home mortgages.
66.38(1)(d)
(d) "Municipality" means any city with a population greater than 75,000.
66.38(1)(e)
(e) "Owner-occupied dwelling" means a dwelling in which the owner occupies or will occupy any unit.
66.38(2)(a)(a) The legislative body of any municipality may adopt a resolution, authorizing the municipality to:
66.38(2)(a)1.
1. Issue mortgage loans with an interest rate less than the lowest rate available at lending institutions within the municipality, for the purchase or construction of any owner-occupied dwelling located within an area described in
sub. (3). Financing for rehabilitation or home improvements may be made available as part of these loans.
66.38(2)(a)2.
2. Issue loans to any lending institution within the municipality that agrees to loan the money at designated terms for the purchase, purchase and rehabilitation or construction of any owner-occupied dwelling located within an area described in
sub. (3).
66.38(2)(a)3.
3. Foreclose any mortgage and sell the mortgaged property for collection purposes if the mortgagor defaults on the payment of principal and interest of a loan issued under this section.
66.38(2)(b)
(b) The resolution shall designate each area in which dwellings are eligible for loans.
66.38(2)(c)
(c) No loan may be issued to purchase, purchase and rehabilitate or construct a dwelling that violates applicable provisions of the one- and 2-family dwelling code under
ss. 101.60 to
101.66, or that violates any ordinance the municipality adopts regulating the dwelling. If the dwelling is found to be violating the dwelling code or any ordinance after issuance of the loan, the loan shall default. The municipality may require the full loan to become due or may increase the interest rate to the maximum allowable. The municipality may defer imposing a penalty for up to one year after the violation is found to exist.
66.38(3)
(3) Eligible areas. Owner-occupied dwellings in any area of the municipality are eligible for loans under this section if any 2 of the following conditions exist:
66.38(3)(a)
(a) The median assessed property value of one- and 2-family dwellings in the area is less than or equal to 80% of the median assessed property value of one- and 2-family dwellings in the municipality.
66.38(3)(b)
(b) The median family income of the area is less than or equal to 80% of the median family income of the municipality.
66.38(3)(c)
(c) The proportion of owner-occupied dwellings in the area is less than or equal to 80% of the proportion of owner-occupied dwellings in the municipality.
66.38(3)(d)
(d) The vacancy rate of dwellings in the area is greater than or equal to 120% of the vacancy rate of dwellings in the municipality.
66.38(4)(a)(a) The governing body of any municipality may issue revenue bonds by resolution, to finance low-interest mortgage loans under this section. The resolution shall state the maximum dollar amount of authorized bonds and the purpose for which the municipality may issue the bonds. The resolution shall state the terms, form and content of the bonds. These bonds may be registered under
s. 67.09.
66.38(4)(b)
(b) Debt service is payable solely from revenues received from the loans issued under this section. No mortgage revenue bond or revenue bond issued under this section is a debt of the municipality or a charge against the city's general credit or taxing powers. The municipality shall plainly state the provisions of this paragraph on the face of each mortgage revenue bond or revenue bond.
66.38(4)(c)
(c) The municipality shall use revenues from payment of the principal and interest of loans issued under this section to pay debt service. The municipality shall use any excess revenues to pay other costs accruing from the issuance of the loans. The municipality shall deposit any remaining revenues in a revolving fund of the municipal treasury, to use for additional loans under this section.
66.38(4)(d)
(d) The resolution may authorize appointment of a receiver to collect interest and principal on loans issued under this section for paying debt service, if the municipality defaults on paying debt service.
66.38 History
History: 1979 c. 221;
1983 a. 24,
27,
207.
66.39
66.39
Veterans' housing authorities. 66.39(1)
(1)
Veterans' housing research and studies. In addition to all the other powers, any housing authority created under
ss. 66.40 to
66.408 may, within its area of operation, either by itself or in cooperation with the department of veterans affairs, undertake and carry out studies and analyses of veterans' housing needs and of the meeting of such needs and make the results of such studies available to the public and the building, housing and supply industries.
66.39(2)
(2) Creation of county veterans' housing authorities. 66.39(2)(a)(a) In each county of the state there is hereby created a public body corporate and politic to be known as the "Veterans' Housing Authority of .... County", (Name of County) hereafter called "county authority"; provided, however, that such housing authority shall not transact any business or exercise its powers hereunder until or unless the board of supervisors, hereafter called the "governing body", of such county, by proper resolution, shall determine at any time hereafter that there is need for a veterans' housing authority to function in such county. The governing body shall give consideration as to the need for a veterans' housing authority (1) on its own motion or (2) upon the filing of a petition signed by 25 resident veterans of the county asserting that there is need for a veterans' housing authority to function in such county and requesting that its governing body so declare.
66.39(2)(b)
(b) The governing body may adopt a resolution declaring that there is need for a veterans' housing authority in the county whenever it shall find that (1) there is a shortage of safe or sanitary dwelling accommodations for veterans in such county, (2) that such shortage will not be alleviated within a reasonable length of time without the functioning of a veterans' housing authority.
66.39(3)
(3) Area of operation. The area of operation of the county authority shall include all of the county for which it is created.
66.39(4)
(4) Proof of powers to act. In any suit, action or proceedings involving the validity or enforcement of or relating to any contract of a county authority, such authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of the resolution required by
sub. (2) declaring the need for such authority. Each such resolution shall be deemed sufficient if it declares that there is such need for such authority. A copy of such resolution duly certified by the county clerk shall be admissible in evidence in any such action or proceeding.
66.39(5)
(5) Appointment, qualifications and tenure of commissioners. 66.39(5)(a)(a) When the governing body of a county adopts a resolution creating a county veterans' housing authority, said body shall appoint 5 persons as commissioners of the authority created for said county. The commissioners who are first appointed shall be designated to serve for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term, such appointments to be made by the official body making the original appointment. A commissioner may be removed by the body which appointed the commissioner by a two-thirds vote of all of the members elected to that body. Commissioners shall be reimbursed for their reasonable expenses incurred in the discharge of their duties. No such commissioner or employe of the authority shall acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project or have any interest direct or indirect in any contract or proposed contract for insurance, materials or services to be furnished or used in connection with any veterans' housing project. If any commissioner or employe of the authority owns or controls an interest direct or indirect in any property included or planned to be included in any veterans' housing project the commissioner or employe shall immediately disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office.
66.39(5)(b)
(b) The powers of the county authority shall be vested in the commissioners thereof in office from time to time. A majority of the commissioners of such an authority shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by a county authority upon a vote of a majority of the commissioners. Meetings of the commissioners of a county authority may be held anywhere within the county.
66.39(5)(c)
(c) At the first meeting of the commissioners after their appointment, they shall select one of their members as chairperson and one as secretary. The county treasurer shall be the treasurer of the board. The official bond of the county treasurer shall extend to cover funds of the authority that may be placed in the charge of the county treasurer. The county treasurer shall disburse money of the authority only upon direction of the commissioners. The county treasurer shall receive no compensation for services as treasurer of the board, but shall be entitled to necessary expenses, including traveling expenses incurred in the discharge of the duties of treasurer of the board. When the office of chairperson or secretary of the commissioners becomes vacant for any reason, the commissioners shall select a new chairperson or secretary as the case may be. The commissioners may employ technical experts, and such other officers, agents and employes, permanent or temporary, as it may require, and may call upon the district attorney of the county for such legal services as it may require.
66.39(6)
(6) Advances by municipalities to county veterans' housing authorities. The county, or any village, town or city within the county, shall have the power, from time to time, to lend or donate money to the county authority. Any such advance made as a loan may be made upon the condition that the housing authority shall repay the loan out of any money which becomes available to it for the construction of projects.
66.39(7)
(7) Powers of county veterans' housing authorities. Each county veterans' housing authority and the commissioners thereof shall, within its area of operation, have the following functions, rights, powers, duties, privileges, immunities and limitations:
66.39(7)(a)
(a) To provide for the construction, reconstruction, improvement, alteration or repair of any veterans' housing project or any part thereof.
66.39(7)(b)
(b) To purchase, lease, obtain options upon and acquire by gift, grant, bequest, devise or otherwise, any real or personal property or interest therein.
66.39(7)(c)
(c) To arrange or contract for the furnishing of services, privileges, works, or facilities for, or in connection with, a veterans' housing project, or the occupants thereof.
66.39(7)(d)
(d) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any veterans' housing project and, subject to the limitations contained in
ss. 66.39 to
66.404, to establish and revise the rents or charges therefor.
66.39(7)(da)
(da) To contract for sale and to sell any part or all of the interest in real estate acquired and to execute such contracts of sale and conveyances as the authority may deem desirable.
66.39(7)(e)
(e) To acquire by eminent domain any real property, including improvements and fixtures thereon.
66.39(7)(f)
(f) To own, hold, clear and improve property, cause property to be surveyed and platted in its name; to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable.
66.39(7)(g)
(g) In connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof.
66.39(7)(h)
(h) To invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
66.39(7)(i)
(i) To sue and be sued, to have a seal and to alter the same at its pleasure, to have perpetual succession, to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority.
66.39(7)(j)
(j) To make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with
ss. 66.39 to
66.404, to carry into effect the powers and purposes of the authority.
66.39(7)(L)
(L) To exercise all or any part or combination of powers herein granted. No provisions of law with respect to the acquisition or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
66.39(7)(m)
(m) The bonds, notes, debentures or other evidences of indebtedness executed by an authority shall not be a debt or charge against any county, state or other governmental authority, other than against said housing authority itself and its available property, income or other assets in accordance with the terms thereof and of this section, and no individual liability shall attach for any official act done by any member of such authority. No such authority shall have the power to levy any tax or assessment. Provided, however, that for income or franchise tax purposes such bonds, notes, debentures or other evidences of indebtedness shall be deemed obligations of a political subdivision of this state.
66.39(8)
(8) Law applicable. Except as otherwise provided in this section,
s. 66.40 (10) to
(21) and
(24) (a) to
(am) applies to county veterans' housing authorities and to housing projects, bonds, other obligations and rights and remedies of obligees of the authorities, except that bonds of the authorities may not bear interest in excess of 3% per year.
66.39(9)
(9) Tax exemption on improvements. Veterans' housing improvements on property of an authority are declared to be public property and as long as the same remain under the jurisdiction of the authority or of bondholders who have proceeded under
s. 66.40 (13) to
(20) or
66.39 (8), all such improvements shall be exempt from all taxes of the state or any state public body; all real estate owned by an authority shall be assessed at no higher value than it was assessed for the tax year next preceding the date on which any such real estate was acquired by the authority and this provision shall continue in force as long as said real estate is under the jurisdiction of the authority or of bondholders who have proceeded under
s. 66.40 (13) to
(20) or
66.39 (8), provided, however, that the municipality in which a veterans' housing project is located may fix a sum to be paid annually for the services, improvements or facilities furnished to such project by such municipality which sum shall not exceed the amount of the tax which would be assessable against such improvements if they were not exempt from tax.
66.39(11)
(11) Operation not for profit. It is declared to be the policy of this state that each housing authority shall operate in an efficient manner so as to provide veterans with permanent housing at the lowest possible cost and that no housing authority shall realize any profit on its operations. Any veteran who occupies a single dwelling unit shall have an option to purchase such unit within 5 years from the date of occupancy at an amount not to exceed the total costs to the housing authority of the land on which said dwelling unit is located, the improvements and the dwelling unit, less a proportionate amount for such allotment as may be received by the authority under s.
20.036 (12), 1953 stats. and s.
45.354, 1953 stats. The purchase contract shall be in such form and on such terms as may be prescribed by the department of veterans affairs. If a veteran occupant desires to exercise an option to purchase granted by this subsection, the veteran occupant shall notify the housing authority in writing of the veteran occupant's intention to exercise that option and the veteran occupant shall be allowed a credit on said purchase price of an amount equal to that portion of the monthly rentals for said unit paid by the veteran occupant that has been credited to or expended for capital retirement or repayment of the principal amount of any mortgage indebtedness, bond indebtedness, or any other indebtedness incurred for the purpose of acquiring the land, improving the land, or constructing the dwelling unit.
66.39(12)
(12) Monthly cost of occupancy by a veteran. Each authority with respect to single dwelling unit veterans' housing projects shall, as soon as the total costs of each dwelling unit including land and improvements have been determined by it, set up a monthly cost of occupancy for said unit. Such cost shall include an amount not exceeding $6 per thousand for interest charges, mortgage insurance and capital retirement or repayment of the principal amount of mortgage indebtedness, bond indebtedness, or any other indebtedness incurred for the purpose of acquiring land, improving the land, or constructing the dwelling unit, and to such basic costs of occupancy may be added the monthly cost of municipal services as determined by the municipality and a reasonable amount for the costs of insurance, operation, maintenance and repair.
66.39(13)
(13) Tenant selection, discrimination. All tenants selected for veterans' housing projects shall be honorably discharged veterans of wars of the United States of America. Selection between veterans shall be made in accordance with rules and regulations promulgated and adopted by the department of veterans affairs which regulation said department is authorized to make and from time to time change as it deems proper. Such rules and regulations, however, shall give veterans of World War II preference over veterans of all other wars. Notwithstanding such rules and regulations or any law to the contrary a veteran shall not be entitled to or be granted any benefits under
ss. 66.39 to
66.404 from a housing authority unless such veteran was at the time of induction into military service a resident of the state. Veterans otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.
66.39(14)
(14) Veterans' housing. Veterans' housing projects shall be submitted to the planning commission in the manner provided in
s. 66.404 (3).
66.395
66.395
Housing authorities for elderly persons. 66.395(1)(1)
Short title. This section may be referred to as the "housing authority for elderly persons law".
66.395(2)
(2) Declaration of necessity. It is declared that the lack of housing facilities for elderly persons provided by private enterprise in certain areas creates a public necessity to establish such safe and sanitary facilities for which public moneys may be spent and private property acquired. The legislature declares that to provide public housing for elderly persons is the performance of a governmental function of state concern.
66.395(2m)
(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.
66.395(3)
(3) Definitions. As used in this section unless the text clearly indicates otherwise:
66.395(3)(a)
(a) "Authority" or "housing authority" means any of the public corporations established pursuant to
sub. (4).
66.395(3)(b)
(b) "Bonds" mean any bonds, interim certificates, notes, debentures or other obligations of the authority issued pursuant to this section.
66.395(3)(e)
(e) "Commissioner" means one of the members of an authority appointed in accordance with this section.
66.395(3)(f)
(f) "Community facilities" include real and personal property, and buildings and equipment for recreational or social assemblies, for educational, health or welfare purposes and necessary utilities, when designed primarily for the benefit and use of the housing authority or the occupants of the dwelling accommodations, or for both.
66.395(3)(h)
(h) "Council" means the common council of the city.
66.395(3)(i)
(i) "Elderly person" means a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or that person's spouse, is an elderly person as defined herein.
66.395(3)(j)
(j) "Federal government" includes the United States of America, the federal emergency administration of public works or any agency, instrumentality, corporate or otherwise, of the United States of America.
66.395(3)(k)
(k) "Government" includes the state and federal governments and any subdivision, agency or instrumentality corporate or otherwise of either of them.
66.395(3)(L)1.1. "Housing projects" include all real and personal property, building and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to do any of the following:
66.395(3)(L)1.a.
a. Demolish, clear, remove, alter or repair insanitary or unsafe housing for elderly persons.
66.395(3)(L)1.b.
b. Provide safe and sanitary dwelling accommodations for elderly persons.
66.395(3)(L)2.
2. "Housing project" may also be applied to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures and the construction, reconstruction, alteration and repair of the improvements for the purpose of providing safe and sanitary housing for elderly persons and all other work in connection therewith. A project shall not be considered housing for the elderly unless it contains at least 8 new or rehabilitated living units which are specifically designed for the use and occupancy of persons 62 years of age or over.
66.395(3)(m)
(m) "Mortgage" includes deeds of trust, mortgages, building and loan contracts, land contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof.
66.395(3)(n)
(n) "Obligee of the authority" or "obligee" includes any bondholder trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees or such lessor's interest or any part thereof, and the United States of America, when it is a party to any contract with the authority.
66.395(3)(o)
(o) "Real property" includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise.
66.395(3)(p)
(p) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals.
66.395(3)(r)
(r) "State public body" means any city, town, incorporated village, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.
66.395(3)(s)
(s) "Trust indenture" includes instruments pledging the revenues of real or personal properties.
66.395(4)
(4) Creation of housing authorities. 66.395(4)(a)(a) When the council of a city by proper resolution declares at any time hereafter that there is need for an authority to function in the city, a public body corporate and politic shall then exist in the city and be known as the "housing authority" of the city. Such authority shall then be authorized to transact business and exercise any powers herein granted to it.
66.395(4)(b)
(b) The council shall adopt a resolution declaring that there is need for a housing authority in the city if it finds that there is a shortage of dwelling accommodations in the city available to elderly persons.
66.395(4)(c)
(c) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the council declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms (no further detail being necessary) that either or both of the above enumerated conditions exist in the city. A copy of such resolution duly certified by the city clerk shall be admissible evidence in any suit, action or proceeding.
66.395(5)
(5) Section 66.40 applies. The provisions of
s. 66.40 (5) to
(24) (ag),
(25) and
(26) shall apply to housing authorities and providing housing for elderly persons under this section without reference to the income of such persons.
