Section 36-7-18-41 - Jurisdiction of authorities; shared jurisdiction(a) This subsection applies to a municipality located in a county that does not have a county housing authority. A municipal housing authority has jurisdiction to exercise the powers granted by this chapter in the municipality and in the area within five (5) miles of the corporate boundaries of the municipality. However, the authority may not exercise its powers within the corporate boundaries of another municipality without the consent, by resolution, of the fiscal body of that municipality.(b) Except as provided in subsection (c), a county housing authority has jurisdiction to exercise the powers granted by this chapter in all unincorporated areas of the county outside the jurisdiction of municipal housing authorities. However, the jurisdiction of a county housing authority may be expanded to include all or part of the jurisdiction of a municipal housing authority within the corporate boundaries of the municipality if the fiscal bodies of the county and of the municipality each adopt a resolution declaring a need for the county housing authority to exercise its powers within the jurisdiction of the municipal housing authority. Such a resolution may be adopted only after a public hearing, with notice of the time, place, and purpose of the hearing given by the fiscal body by publication in accordance with IC 5-3-1.(c) A municipal housing authority and a county housing authority share jurisdiction to exercise the powers granted by this chapter in the area that is: (1) within the county; and(2) located within five (5) miles outside the corporate boundaries of the municipality.(d) Notwithstanding subsections (a), (b), and (c), the housing authority of a consolidated city has jurisdiction to exercise the powers granted by this chapter only in the area that was subject to its jurisdiction on December 31, 1969.Pre-Local Government Recodification Citations: 18-4-8-5 part; 18-7-11-3(g); 18-7-11-5.5.
As added by Acts1981 , P.L. 309, SEC.37. Amended by Acts1981 , P.L. 45, SEC.34; P.L. 52-2003, SEC.1.