Section 1550 - Powers of an AuthorityAn Authority shall constitute a public body, corporate and politic, exercising public powers of the Commonwealth as an agency thereof, which powers shall include all powers necessary or appropriate to carry out and effectuate the purpose and provisions of this act, including the following powers, in addition to others herein granted:
(a) To investigate into living, dwelling, and housing conditions, and into the means and methods of improving such conditions.(b) To determine where unsafe or unsanitary dwelling or housing conditions exist, or where there is a shortage of safe and sanitary dwelling accommodations for persons of low income.(c) To study and make recommendations concerning the plan of any city or municipality located within the field of operation of the Authority in relation to the problem of clearing, replanning, and reconstructing areas in which unsafe or unsanitary dwelling or housing conditions exist, and the problem of providing dwelling accommodations for persons of low income.(d) To cooperate with any city, county, regional, Federal or other agency.(e) To prepare, carry out, acquire, lease, and operate housing projects, to provide for the construction, reconstruction, improvement, alteration or repair of any housing project, or any part thereof.(f) To take over by purchase, lease, or otherwise, any housing project located within its field of operation undertaken by any government.(g) To cooperate with and act as agent of the Federal Government for the public purposes set out in this act in connection with the acquisition, construction, operation or management of any housing project, or part thereof.(h) To arrange with any city or other municipality located, in whole or in part, within the authority's field of operation, or with the Federal or State Government for the furnishing, planning, replanning, installing, opening or closing of streets, roads, roadways, alleys, sidewalks or other places or facilities, or for the acquisition by such city, municipality or the Federal or State Government of property options or property rights, or for the furnishing of property or services in connection with a project.(i) To clear areas of unsafe or unsanitary housing, and to provide for the use of cleared sites for community facilities and for any other public purpose authorized by this act.(j) To arrange with the Commonwealth, its subdivisions and agencies, and any county, city or other municipality of the State, to the extent that it is within the scope of each of their respective functions--(1) to cause the services customarily provided by each of them to be rendered for the benefit of such housing authority, or the occupants of any housing projects of the Authority; and (2)to provide and maintain parks, recreational centers, schools, sewerage, transportation, water, and other municipal facilities adjacent to, or in connection with, housing projects; and (3)to plan, replan, zone or rezone any part of the municipality in connection with any housing project of the Authority. (k) To lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures or facilities embraced in any housing project, and (subject to the limitations contained in this act) to establish and revise the rents or charges therefor.(l) To enter upon any building or property in order to make surveys or soundings.(m) To purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any interest therein, from any person, firm, corporation, municipality or government.(n) To acquire by eminent domain any real property, including improvements and fixtures, for the public purposes set forth in this act, in the manner hereinafter provided.(o) To sell, exchange, transfer or assign any real or personal property, or interest therein, to any person, firm, corporation, public or private, when the Authority determines that such property is not needed for the purposes of this act.(p) To own, hold clear, and improve real property.(q) To insure or provide for the insurance of any property or operations of the Authority against any risks or hazards.(r) To procure or agree to the procural of insurance or guarantees from the Federal Government of the payment of any debts, or parts thereof, incurred by said Authority, and to pay premiums in connection therewith.(s) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in such investments as may be lawful for executors, administrators, guardians, trustees, and other fiduciaries under any law of this Commonwealth.(u) To adopt a seal and to alter the same at pleasure.(v) To have perpetual succession.(w) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Authority.(x) To make and from time to time to amend and repeal resolutions, rules, and regulations, not inconsistent with this act, in order better to carry into effect the powers of the Authority.(y) To conduct examinations and investigations and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information.(z) To issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before such Authority, or before one or more members of the Authority appointed by it to conduct such hearing.(aa) To apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed or to testify, or who is guilty of any contempt after summons to appear.(bb) To authorize any member or members of such Authority to conduct hearings and to administer oaths, take affidavits, and issue subpoenas.(cc) To make available to such agencies, boards or commissions as are charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or unsanitary structures within the field of operation of such Authority, its findings and recommendations with regard to any building or property where there exist conditions dangerous to the public health, morals, safety or welfare.(dd) To sell any dwelling unit to any member of a tenant family if the dwelling to be sold is sufficiently separable from other property retained by the public housing authority to make it suitable for sale.(ee) In a county of the second class and city of the second class, to appoint police officers who shall exercise the same powers that may be exercised under authority of law or ordinance by the police of the municipalities wherein the Authority is located, including, but not limited to, those powers conferred pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police jurisdiction) with respect to the property and enforcing order on and adjacent to the grounds and buildings of the Authority: Provided, That said police officers complete the same course of instruction as is required for municipal police officers by 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), and receive certification by the Municipal Police Officers' Education and Training Commission as having completed the instruction. Said police officers shall maintain the certification as a condition of employment as police officers for the Authority.(ff) In the city of the first class, to appoint security officers who shall have the same rights, powers and duties as police officers in the Commonwealth in and upon the grounds and buildings of the Authority and in instances of hot pursuit within the boundaries of the city of the first class and who shall be authorized to arrest persons for the commission of any offense and the keepers of the jails and other places of detention in the city of the first class shall receive all persons arrested by such security officers for purposes of detention until they are dealt with according to law: Provided, however, That such security officers successfully complete the course of instruction provided under the act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal Police Education and Training Law. The Authority shall, to the maximum extent practicable, give preference in hiring security officers first to any person living in public housing and receiving any form of State or Federal public assistance, and second, to any other person living in public housing.(gg) To make, execute and enter into employment agreements, which are necessary or convenient to the exercise of the powers of the Authority, with any individual who is or will be hired to work in any position that is not represented by a bargaining representative under the act of July 23, 1970 (P.L. 563, No. 195), known as the "Public Employe Relations Act," or part of a bargaining unit that has been created by an order of the Pennsylvania Labor Relations Board pursuant to the "Public Employe Relations Act." Such employment agreements must be in writing and must be approved by the Authority and may not be renewed except by the affirmative approval of the Authority. No such employment agreement nor any term thereof shall be enforceable or amended or renewed unless such agreement or amendment is in writing and approved by the Authority as stated above. Any employment agreement created or approved pursuant to this subsection may-- (1) identify the specific terms and conditions of the individual's employment; (2) confer a specific term of tenure in employment which may be for a specific period of time not to exceed five years; (3) otherwise limit or state the power of the Authority to summarily dismiss such employe and the circumstances under which such dismissal shall be exercised; or (4) any combination of subclauses (1) through (3) above; however, any employment agreement created or approved pursuant to this clause which confers a specific term or tenure of employment under subclause (2) above must also enumerate the circumstances under which the Authority may terminate the employment agreement for cause, including the lack of funding, prior to the expiration of the expressed term or agreement. If such agreement does not contain the items stated in subclause (2) or (3), the employe may be summarily dismissed by the Authority, and the agreement terminated at any time. Under no circumstances shall the mayor or any individual employe, official agent, attorney or member of the Authority be personally liable for any provision contained in any such employment agreement. Any employment agreement into which the Authority enters pursuant to this clause shall not be subject to the provisions of section 11 or to the contract procurement provisions, rules or regulations to which the Authority is otherwise subjected.(hh) To cooperate and execute agreements with other authorities for the purposes of accommodating a tenant who requests to be relocated under section 13.3. Amended by P.L. TBD 2018 No. 148, § 1, eff. 4/24/2019.Amended by P.L. 65 2012 No. 8, § 1, eff. 4/2/2012.1937, May 28, P.L. 955, §10. Amended 1969, July 18, P.L. 168, §1; 1978, Oct. 4, P.L. 1008, No. 215, §1; 1980, Oct. 5, P.L. 690, No. 140, §1, imd. effective; 2006, Nov. 9, P.L. 1355, No. 145, § 2, effective in 60 days [Jan. 8, 2007].