Judges: RICHARD P. IEYOUB
Filed Date: 1/28/1992
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Butler:
You requested the opinion of this office as to whether the Louisiana Housing Finance Agency (the "Agency") is authorized under the terms of Executive Order No. BR 91-24 to make all determinations with regard to HOME funds, including, but not limited to, the power to authorize the U.S. Department of Housing and Urban Development ("HUD") to transfer to units of general local government a portion of the State of Louisiana's allocation of HOME Funds to allow the local jurisdictions to meet the minimum dollar threshold requirement for the purposes of the HOME program, a national housing initiative created by the Cranston-Gonzalez National Housing Act of 1990 ("Housing Act") and administered by HUD.
The Louisiana Housing Finance Act (the "Act") contained in Chapter 3-A of Title 40 of the Louisiana Revised Statutes of 1950, as amended, created the Agency. R.S.
R.S.
Executive Order No. BR 91-24 specifically addresses the Agency's authority with respect to the resources made available to the State pursuant to the Housing Act and provides:
SECTION I. The Agency is hereby ordered and directed to act on behalf of the State in applying for or administering programs and/or resources made available pursuant to the Housing Act.
SECTION II. The Agency is hereby directed to promulgate such rules and regulations as may be necessary or convenient to allocate resources to improve housing conditions in the State on a basis consistent with the State's comprehensive housing affordability strategy (the "CHAS").
Based on the statute creating and empowering the Agency and pursuant to the broad mandate of power imparted to the Agency by Executive Order No. BR 91-24, it is the opinion of this office that the Agency may make all determinations with regard to HOME funds, including, but not limited to, the power to authorize HUD to transfer to units of general local government a portion of the State of Louisiana's allocation of HOME Funds to allow the local jurisdictions to meet the minimum dollar threshold requirement for the purposes of the HOME program.
Trusting that this adequately responds to your request, I remain,
Sincerely,
RICHARD P. IEYOUB Attorney General
BY: ELIZABETH K. HARRIS Assistant Attorney General
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