| Request for an advisory opinion from Cornell Dukes, Mayor of New Roads (pop. 4,831) relative to whether his limited liability company can continue to rent property whereby some of the tenants receive vouchers for partial rent subsidies through the Section 8 program administered by the New Roads Housing Authority. |
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Cornell Dukes was recently elected Mayor of New Roads and was sworn into office on January 1, 2019. Mr. Dukes is the majority owner of Perpetual Properties, LLC, which owns several houses which it rents to tenants, some of whom receive vouchers for partial rent subsidies through the Section 8 program administered by the New Roads Housing Authority. Perpetual Properties contracts with the tenants who pay partial rent payments and the New Roads Housing Authority pays partial rent on behalf of the tenant.
As mayor, Mr. Dukes makes appointments to the board of commissioners of the New Roads Housing Authority, but otherwise has no control over the agency.
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Docket No. 2019-068 recognized that the Hammond Housing Authority was a separate governmental entity from the City of Hammond and any landlord contracts between a Hammond City Councilman and the Housing Authority were contracts not under the supervision or jurisdiction of the councilman's agency, therefore there was no violation.
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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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