HomeMy WebLinkAbout12-07-23 Bill 85-23 SBHA Media Statement from Troy Warner(574) 235-9321● Fax (574) 235-9173 ● TDD (574) 235-5567 ● http://www.southbendin.gov
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Bill 85-23 Proposing Change to Housing
Authority Appointments Would Violate State and
Federal Housing Authority Laws
December 7, 2023
4th District Councilmember Troy Warner
Troy Warner
On Monday the Residential Neighborhoods Committee of the South Bend
Council will hear Bill 85-23 proposing to change how South Bend Housing
Authority (“SBHA”) Board Commissioners are appointed. In their filing
letter accompanying the bill, Councilors Davis and Hamann state “all six
Commissioners of the Housing Authority of South Bend have historically
been appointed by the Mayor. However, there appears to be no authority in
the Municipal Code establishing the Mayor’s authority to do so.”
Councilmember Troy Warner begins stating, “the simple reason that all
Commissioners of the Housing Authority have been historically appointed
by the mayor is because that is what state law requires1. Local housing
authorities are independent public agencies governed by the U.S. Housing
Act, the U.S. Department of Housing and Urban Development (“HUD”)
regulations, and Indiana State Housing Authority laws, not City
Ordinances. The proposal in Bill 85-23, if passed would exceed Council’s
legal authority and violate those state and federal laws.”
Warner continues, “recently the City and SBHA have been working
cooperatively to improve housing options within the SBHA, the City having
provided $1.6 million in City Redevelopment TIF funds to SBHA to assist
SBHA efforts towards a $50 million HUD Choice Neighborhoods Initiative
Grant. I have concerns that if Council attempts passage of an ordinance
overstepping state housing laws & HUD regulations, it could endanger
SBHA’s $50 million grant application as well as other state and federal
housing funds.”
1 Incidentally, Bill 85-23 also incorrectly would provide for six (6) SBHA Commissioners, however state law
provides for seven (7). Indiana housing authority statute I.C. 36-7-18-5 provides that the mayor “shall then
appoint seven (7) persons, one (1) of whom must be a resident of a housing project under the jurisdiction of the
housing authority, no more than four (4) of whom may be of the same political party, as commissioners of the
housing authority.” This mirrors federal HUD regulations regarding the appointment of housing authority
commissioners.
(574) 235-9321● Fax (574) 235-9173 ● TDD (574) 235-5567 ● http://www.southbendin.gov
Warner closes stating, “although I understand the bill sponsors desire to transfer SBHA Board
appointments to the Council, I strongly oppose this ill-planned and illegal attempt at their final
meeting on the Common Council. I ask the bill sponsors to immediately withdraw Bill 85-23,
and this overstep of state and federal law. A new SBHA Director with a record of success starts
in January 2024, Council should not be overstepping its legal authority and causing chaos on
her day one here in South Bend.”
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