AGO 1991-009.

CourtConnecticut
Connecticut Attorney General Opinions 1991. AGO 1991-009. 1991 Opinion No. 1991-009Honorable Henry ShererDepartment of Housing1179 Main StreetHartford, CT 06103-1089Dear Commissioner Sherer: By letter dated February 20, 1990, your predecessor in office, Commissioner Papandrea, requested our opinion on whether the Department of Housing (DOH) is a public housing agency within the purview of the United States Housing Act of 1937.1 The request was prompted by letters from William H. Hernandez, Jr., Manager of the Hartford Office of the United States Department of Housing and Urban Development ("HUD"). In our opinion, the DOH does meet the federal definition of a public housing agency under the Housing Act. The term "public housing agency" is defined in 42 U.S.C> §1437a(b)(6) as "any State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development of operation of lower income housing." According to 42 U.S.C. §1437a(b)(1), "'lower income housing' means decent, safe and sanitary dwellings assisted under this chapter." The chapter in question, Eight, states throughout that HUD may enter into contracts with a public housing agency, which in turn can use the Federal financial assistance to assist in development of decent, sage and sanitary dwellings in accordance with the provisions of the chapter. A public housing agency is also defined in 24 C.F.R. §882.102 as "[a}ny State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of housing for low-income Families." Part 882.102 does not define low-income families, but does indicate that lower income family is defined in Part 813 of the chapter:
A Family whose Annual Income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes.
24 C.F.R. §813.102. (See also, 42 U.S.C> §1437a(b)(2)). Even a cursory review of the...

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