(a) There are hereby created separate and distinct bodies, corporate and politic, one for each city (as herein defined), and one for each of the counties of the Commonwealth. Each such Authority may be known as the housing authority of the city or the county, as the case may be, but shall in no way be deemed to be an instrumentality of such city or county, or engaged in the performance of a municipal function. Each such Authority shall transact no business or otherwise become operative until and unless a finding is made, as hereinafter provided in this section.

(b) The governing body of any city or county may find and declare by proper resolution that there is need for an Authority to function within the territorial limits of said city or county, as the case may be, in such event, the clerk shall issue a certificate reciting the adoption of such resolution. This procedure may be employed at any time after the passage of this act.

(c) If the governing body of any city or county fails to adopt such a resolution and have such a certificate issued within ninety (90) days from the date of enactment of this act, any twenty-five (25) citizens and taxpayers, resident in such city or county, may submit, over their signatures, a petition to the Governor of the Commonwealth, setting forth that, in their estimation, there is need that an Authority shall function within said city or county, and the Governor, after determining, as hereinafter provided, that there is such need, shall issue a certificate so declaring.

(d) The governing body of any city or county or the Governor, as the case may be, shall declare that there is need for a housing authority to function within such city or county if and only if the said governing body or the Governor shall find, either that--(1) unsanitary or unsafe dwelling accommodations exist in said city or county; or that (2) there is a lack of sufficient, safe, and sanitary dwelling accommodations in said city or county available to persons of low income, and that this results in any of the conditions described in section two (b) and (c) of this act. In determining whether dwelling accommodations are unsafe or unsanitary, said governing body or the Governor, as the case may be, shall take into consideration the degree of overcrowding, the percentage of land coverage, the light, air space, and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings, which endanger life, health or property by fire, disease or other causes.

(e) The governing body or the Governor, as the case may be, shall cause the aforesaid certificate to be filed with the Department of State and a duplicate thereof with the State Planning Board. Whenever the Governor shall issue a certificate, in the manner hereinbefore prescribed, declaring the need for an Authority to operate within any city or county, he shall notify the governing body of such city or county of such action.

(f) In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the Authority, the Authority shall, upon proof of the issuance of the aforesaid certificate by the governing body or the Governor, as the case may be, be conclusively deemed to have been established in accordance with the provisions of this act. A copy of such certificate duly certified by the Department of State shall be admissible in evidence in any suit, action or proceedings, and shall be conclusive proof of the filing and contents of the certificate, and that the Authority has been properly established.