| Request for an advisory opinion from the Hammond Housing Authority as to whether it can enter into a contract with a landlord who was elected to the Hammond City Council. Hammond has a population of 20,019. |
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The Hammond Housing Authority (HHA) enters into contracts with landlords and pays rental assistance through HUD Section 8 Housing Choice Voucher Program on behalf of low income families within the city limits of Hammond, Louisiana. The HHA was created pursuant to the authority under La.R.S. 40:381, which makes it a separate political subdivision of the state and not under the authority of the Hammond City Council.
Sam Bibittorio owns rental property and maintains eight (8) contracts with the HHA.
Mr. Bibitorio was elected to the Hammond City Council and sworn in January 1, 2019.
The mayor of Hammond appoints commissioners to the HHA Board, with approval by the Hammond City Council.
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Advisory Opinion Docket No. 2012-1548 found that there was no prohibition for a Kenner City Councilwoman to own property in the Section 8 program administered by the Kenner Housing Authority since the Kenner Housing Authority is a separate political subdivision from the City of Kenner and the city councilwoman would not be entering into a transaction under the supervision of her agency.
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La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of his immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
La. R.S. 40:384(16) defines "Housing authority" to mean a public body, corporate and politic, previously established, or to be established, by a municipality or a parish pursuant to the authority provided in this Chapter, exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although its operations are local in nature. It is a political subdivision of this state, independent from the municipality or parish which established or establishes it or which may appoint some or all of its commissioners, and is not a state agency for any purpose, including R.S. 42:421(B)
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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