§ 4-38-101 Short Title
§ 4-38-102 Chapter Definitions
§ 4-38-103 Duties of Tennessee Office for Refugees
§ 4-38-104 Request for Moratorium

Terms Used In Tennessee Code > Title 4 > Chapter 38 - Refugee Absorptive Capacity Act

  • Absorptive capacity: is a determination made by a local government evaluating, for a host community within that jurisdiction:

    1. The capacity of the community's social service and healthcare agencies to meet the existing needs of the community's current residents. See Tennessee Code 4-38-102
    2. Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
    3. Agricultural products: includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products. See Tennessee Code 43-16-103
    4. Appraisal: A determination of property value.
    5. Arrest: Taking physical custody of a person by lawful authority.
    6. Association: means any corporation organized under this chapter. See Tennessee Code 43-16-103
    7. Bonds: means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter. See Tennessee Code 13-20-102
    8. Business: means any lawful activity conducted primarily:

      1. For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property. See Tennessee Code 13-20-102
      2. City: means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder. See Tennessee Code 13-20-102
      3. Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
      4. Commissioner: means one (1) of the members of an authority appointed in accordance with this chapter. See Tennessee Code 13-20-102
      5. Community facilities: includes real and personal property, and buildings and equipment for recreation or social assemblies, for educational, health or welfare purposes and necessary utilities when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations. See Tennessee Code 13-20-102
      6. Contract: means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument. See Tennessee Code 13-20-102
      7. Council: means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city. See Tennessee Code 13-20-102
      8. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      9. Deed: The legal instrument used to transfer title in real property from one person to another.
      10. Dwelling: means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. See Tennessee Code 13-21-101
      11. Escrow: Money given to a third party to be held for payment until certain conditions are met.
      12. Ex officio: Literally, by virtue of one's office.
      13. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
      14. Farmers of low income: means persons or families who at the time of their admission to occupancy in a dwelling of the authority:

        1. Live under unsafe or unsanitary housing conditions. See Tennessee Code 13-20-102
        2. Federal government: includes the United States, or any agency, instrumentality, corporate or otherwise, of the United States. See Tennessee Code 13-20-102
        3. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
        4. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
        5. Germane: On the subject of the pending bill or other business; a strict standard of relevance.
        6. Governing body: means the council, commission, or board, or other legislative body, charged with governing a municipality. See Tennessee Code 13-21-101
        7. Governing body: means the council of any city. See Tennessee Code 13-20-102
        8. Government: includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. See Tennessee Code 13-20-102
        9. High capacity transit area: means a geographic area located within one thousand three hundred twenty feet (1,320') of a street:

          1. Designated in a county's major street plan. See Tennessee Code 13-20-702
          2. housing authority: means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth. See Tennessee Code 13-20-102
          3. Housing project: includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to:
            1. Demolish, clear, remove, alter or repair unsanitary or unsafe housing. See Tennessee Code 13-20-102
            2. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
            3. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
            4. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
            5. Lien: A claim against real or personal property in satisfaction of a debt.
            6. local governments: refers to either the city council, governing body of any county having a metropolitan form of government, or county legislative body which regulates any host community being considered for refugee resettlement activity. See Tennessee Code 4-38-102
            7. mayor: means the clerk and mayor, respectively, of the city, or the officers thereof, charged with the duties customarily imposed on the clerk and mayor, respectively. See Tennessee Code 13-20-102
            8. Member: includes actual members of associations without capital stock, and holders of common stock in associations organized with capital stock. See Tennessee Code 43-16-103
            9. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
            10. Mortgage: includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof. See Tennessee Code 13-20-102
            11. Mortgagee: The person to whom property is mortgaged and who has loaned the money.
            12. Municipality: means any city or town. See Tennessee Code 13-21-101
            13. Municipality: means any county, including any county having a metropolitan form of government, or incorporated city or town in this state. See Tennessee Code 13-21-202
            14. Municipality: means any city, town, or village or other municipality in the state. See Tennessee Code 13-20-102
            15. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
            16. obligee: includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority. See Tennessee Code 13-20-102
            17. Owner: means the holder of the title in fee simple and every mortgagee of record. See Tennessee Code 13-21-101
            18. Parties in interest: means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof. See Tennessee Code 13-21-101
            19. Person: includes an individual, firm, partnership, corporation, and association. See Tennessee Code 43-16-103
            20. Persons of low income: means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding. See Tennessee Code 13-20-102
            21. Place of public accommodation: means any building or structure in which goods are supplied or services performed, or in which the trade of the general public is solicited. See Tennessee Code 13-21-101
            22. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
            23. Public authority: means any housing authority or any officer who is in charge of any department or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality. See Tennessee Code 13-21-101
            24. Public officer: means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by such municipality or jointly with any other municipality who is authorized by ordinance adopted hereunder to exercise the power prescribed by such ordinances and by this part. See Tennessee Code 13-21-101
            25. Quorum: The number of legislators that must be present to do business.
            26. Real property: includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. See Tennessee Code 13-20-102
            27. Redevelopment: means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary. See Tennessee Code 13-21-202
            28. State: means the state of Tennessee. See Tennessee Code 13-20-102
            29. Structure: means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation. See Tennessee Code 13-21-101
            30. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
            31. Taxing agency: means any county, city, town or metropolitan government in the state. See Tennessee Code 13-20-102
            32. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
            33. Tennessee office for refugees: means the state office which administers the refugee program for this state, or the entity or agency to whom the state has delegated such function and that has been designated and recognized by the federal government to administer such program. See Tennessee Code 4-38-102
            34. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
            35. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
            36. Trust indenture: includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof. See Tennessee Code 13-20-102
            37. Trustee: A person or institution holding and administering property in trust.
            38. Vacant property review commission: means a commission established by ordinance to review vacant properties to make a written determination of blight and deterioration. See Tennessee Code 13-21-202