Can a local housing authority operate in another Louisiana municipality or parish without its agreement?

Plain-English summary

In 2013, the Louisiana Attorney General concluded that a local housing authority could not operate outside its legally defined area without the affected municipality's or parish's explicit agreement. A municipal authority's ordinary area included the municipality and land within ten miles of its boundaries. A parish authority's ordinary area covered the parish except territory within a municipality that had established its own authority.

The opinion also identified an agreement route: La.Rev.Stat. 40:400 allowed housing authorities to cooperate and contract with other authorities and public agencies, and treated an agreeing municipality or parish as part of the authority's operating area. This was an answer about geographic authority, not a finding that a particular proposed project had obtained consent.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a city housing authority operate beyond the city's boundary?

The AG said its ordinary operating area extended ten miles beyond the municipal boundary. Operation outside that area required agreement from the municipality or parish in whose territory it proposed to operate.

Could a parish authority operate inside a city with its own housing authority?

The opinion described a parish authority's ordinary area as excluding the territorial boundaries of a municipality that had established a local housing authority. It identified an agreement with the affected government as the way to include another area.

Could housing authorities cooperate across jurisdictional lines?

Yes. The opinion cited La.Rev.Stat. 40:400 for cooperation and contracts with other housing authorities and public agencies. An agreeing municipality or parish could be included in the authority's area of operation.

Background and statutory framework

The Louisiana Housing Corporation asked whether a local housing authority could work outside the area set by La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397 without the affected government's express agreement. The AG also read the definition of "area of operation" in La.Rev.Stat. 40:384(4) and the cooperation provision in La.Rev.Stat. 40:400. It answered that agreement was necessary for operation beyond the statutory area.

Citations

• La.Rev.Stat. 40:384(4) (definition of area of operation).
• La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397 (municipal and parish operating areas).
• La.Rev.Stat. 40:400 (agreements and cooperation).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0183

Original opinion text

~tat.e llf Ifillulslana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

NOV 2 5 2013
OPINION 13-0183

53-1 HOUSING AUTHORITIES
Mr. Frederick Tombar. III
La. R.S. 40:381 et seq.
Executive Director
Louisiana Housing Corporation
Local housing authorities may not operate outside of its area of
operation, as defined by La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397,
2415 Quail Drive
without the explicit agreement of the municipality or parish within whose
Baton Rouge, LA 70808
boundaries the local housing authority intends to operate.

Dear Mr. Tombar:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. On behalf of the Louisiana Housing Corporation C'LHC"), you have asked for our opinion as to whether a local housing authority may operate outside of its area of operation, as defined by La.Rev.Stat. 40:396 and La. Rev. Stat. 40:397, without the explicit agreement of the municipality or parish within whose boundaries the local housing authority intends to operate.

La.Rev.Stat. 40:392 governs the establishment of municipal and parish housing authorities and provides, in pertinent part, the following:

§ 392. Establishment of authorities

A. In each municipality and parish of this state which has not previously established such an authority, there is hereby created a local housing authority. However, such authority shall not be deemed to be established under this Chapter, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the municipality or parish declares by 'resolution that a need exists for such a local housing authority to function in such municipality or parish and finds that there exists a shortage of decent, safe, and sanitary dwelling accommodations in such municipality or parish or that such accommodations are not available and affordable to all residents regardless of income.

La.Rev.Stat. 40:384(4) generally defines "area of operation" as the geographical area within which a local housing authority may own or operate housing developme'nts, while La.Rev.Stat. 40:396 specifically governs the areas of operation for municipal housing authorities and La.Rev.Stat. 40:397 specifically governs the areas of operation for parish housing authorities.

Page 2

Opinion 13-0183
'Mr. Frederick Tombar, III
Page 2

With respect to municipal housing authorities, the areas of operation shall be the municipality and the area within ten miles from the territorial boundaries thereof. La.Rev.Stat. 40:396. Depending upon the geographical location of the municipality, such area may also include areas lying within the'territorial boundaries of municipalities outside the municipality establishing the local housing authority. Id. With respect to parish housing authorities, the areas of operation shall be all of the parish except that portion which lies within the territorial boundaries of any municipality in which a local housing authority has ~een established. La.Rev.Stat. 40:397.

We also note that La.Rev.Stat. 40:400 does allow local housing authorities to cooperate
, and contract with other local housing authorities, other public agencies within this State, as well as the federal government in order to carry out the purposes of Chapter 3, "Housing Authorities and Slum Clearance," of Title 40 of the Louisiana Revised Statutes. In such instances, the area of operation of a local housing authority shall be deemed to include any other area or areas within any municipality or parish who agrees to allow the local housing authority to operate. La.Rev.Stat. 40:400.

Thus, pursuant to the plain language of La.Rev.Stat. 40:384(4), La.Rev.Stat. 40:396, and La.Rev.Stat. 40:397, it is the opinion of this office that local housing authorities may not operate outside of its area of operation, as defined by La.Rev.Stat. 40:396 and La.Rev.Stat. 40:397, without the explicit agreement of the municipality or parish within whose boundaries the local housing authority intends to operate. In the case of municipal housing authorities, it is our opinion that municipal housing authorities may not operate beyond ten miles from its territorial boundaries. In the case of parish housing authorities, it is our opinion that parish housing authorities may not operate outside the territorial boundaries of the parish. Nonetheless, as indicated above, La.Rev.Stat. 40:400 does allow local housing authorities to establish agreements with other local housing authorities and public agencies. In those instances, it is our opinion that a local housing authority's area of operation would include any municipality or parish who agrees to allow the local housing authority to operate within its area.

We trust this adequately responds to your request. If you should have any questions about the response contained herein, please feel free to contact our office.

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Opinion 13-0183
Mr. Frederick Tombar, III
Page 3

Yours very truly,

JAMES D. II DDY" CALDWELL
ATTORN Y ENERAL

BY:
MICHAEL J. ALLAN
Assistant Att rney General

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