Abolishing Housing Authority; Transfer of Property to City

Subject:

Requested By: Fred A. Rogers, III Housing Authority Attorney Lumberton, North Carolina

Question: When a city has abolished a housing authority by resolution, pursuant to G.S. 157-4.1(b) and assumes the operation of the Housing Authority, is it necessary for the authority to execute deeds of conveyance to transfer real property to the city or is such transfer of real property by operation of law under the statute?

Conclusion: It appears that pursuant to G.S. 157-4.1(b)(2), all property, real and personal, belonging to the Housing Authority is vested in the city by operation of law, but the statute requires the Housing Authority to execute such documents al will effectively transfer property to the city. Thus we conclude the Housing Authority should execute deeds of conveyance to the city.

G.S. 157-4.1(b) provides that when the city has abolished the housing authority by resolution, that upon its adoption, the housing authority is authorized and directed to take such actions and to execute such documents as will carry into effect the provisions of the resolution, and will effectively transfer its authority, responsibilities, obligations, personnel and property "both real and personal", to the city.

We conclude that the intent of the General Assembly was for the Housing Authority to execute deeds of conveyance so that the public records would reflect the transfer of property.

Rufus L. Edmisten Attorney General

James F. Bullock Senior Deputy Attorney General