NY-PBG Public Housing Law NY

Section 1. Short title. This chapter shall be known and may be cited

and referred to as the "public housing law."

Policy of state and purpose of chapter. It is hereby declared

that in certain areas of cities, towns and villages of the state there

exist insanitary and substandard housing conditions owing to

overcrowding and concentration of the population, improper planning,

excessive land coverage, lack of proper light, air and space, insanitary

design and arrangement, or lack of proper sanitary facilities; that

these conditions are chiefly in areas where low rent dwellings prevail

and that such conditions and dwellings are a menace to the health,

safety, morals, welfare and reasonable comfort of the citizens of this

state; that there is not an adequate supply of adequate, safe, and

sanitary dwelling accommodations for persons of low income; that these

conditions cause an increase and spread of disease and crime and

constitute a menace to the health, safety, morals, welfare, and comfort

of the citizens of the state; that these conditions inflict blight upon

the economic value of large areas, impair private investments and the

source of public revenues; that these conditions cannot be remedied by

the ordinary operation of private enterprise; that these conditions

require that provision be made for the investment of public and private

funds at low interest rates in low rent housing and the acquisition at

fair prices of adequate parcels of property, the gradual demolition of

existing insanitary and unsafe housing and the construction of new

housing facilities, under public supervision in accord with proper

standards of sanitation and safety and at a cost which will permit

monthly rentals which persons of low income can afford to pay; that

loans and subsidies by the state and its subdivisions are necessary for

such purposes; that the clearance, replanning, reconstruction and

rehabilitation of substandard and insanitary areas or the providing of

adequate, safe and sanitary low rent housing accommodations in these

areas and elsewhere for persons and families of low income, or both of

these, are public uses and purposes for which public money may be spent

and private property acquired; that these conditions require the

creation of the agencies and instrumentalities hereinafter prescribed,

which are declared to be agencies and instrumentalities of the state for

the purpose of attaining the ends herein recited; and the necessity in

the public interest for the provisions hereinafter enacted is hereby

declared as a matter of legislative determination.

Definitions. The following terms, whenever used or referred to

in this chapter, shall have the following meaning, unless a different

meaning clearly appears from the context:

1. The term "commissioner" means the state commissioner of housing and

community renewal. Reference in this chapter or in any other general,

special or local law to state commissioner of housing shall be deemed to

mean and refer to the state commissioner of housing and community

renewal which is hereby made the new title of such office.

2. The term "authority" means a public corporation which is a

corporate governmental agency (except a county or municipal corporation)

organized pursuant to law to accomplish any or all of the purposes

specified in article eighteen of the constitution and includes the

following municipal housing authorities established prior to the first

day of January, nineteen hundred thirty-nine pursuant to chapter four of

the laws of nineteen hundred thirty-four and amendments thereof, namely,

Buffalo municipal housing authority, Lackawanna municipal housing

authority, New York city housing authority, Peekskill housing authority,

Port Jervis housing authority, Schenectady municipal housing authority,

Syracuse municipal housing authority, Tarrytown municipal housing

authority, Tuckahoe housing authority, municipal housing authority of

the city of Utica, New York, and Yonkers housing authority.

3. The term "housing company" means a limited profit or limited

dividend housing corporation organized pursuant to articles two or four

of the private housing finance law.

4. The term "multiple dwelling" means an existing building

accommodating three or more families living independently of each other.

5. The terms "municipal corporation" and "municipality" mean a city,

town or village; and the term "municipal" shall be deemed to relate to a

city, town or village.

6. The term "mayor" means the chief executive officer of a

municipality.

7. The term "local legislative body" means: (a) in a city, the board

of aldermen, common council, council, commission or other board or body

now or hereafter vested by its charter or other law with jurisdiction to

enact ordinances or local laws, except that in a city having a

population of one million or more the term shall, as to such city, mean

the officer or agency vested with power under the charter of such city,

or by other law, to act pursuant to this chapter; (b) in a town, the

town board; (c) in a village, the board of trustees.

7-a. The term "governing body of a district" means: (a) in a school

district, the board of education or board of trustees; in the case of

common school districts having one trustee, such trustee; (b) in a fire

alarm district or a fire protection district, the town board; (c) in a

fire district, the board of fire district commissioners; (d) in an

improvement district, the town board, except that if there be a separate

board of commissioners, the term shall mean the town board acting with

the approval of the board of commissioners.

8. The term "state comptroller" means the comptroller of the state of

New York.

9. The term "municipal comptroller" means the comptroller in a

municipality having a comptroller; in a municipality having no

comptroller, it means the chief financial officer of such municipality.

10. The term "state" means New York state.

11. The term "government" includes the state, a municipality and the

federal government, and any agency or instrumentality, corporate or

otherwise, of any of them acting for and on behalf of the state, a

municipality or the federal government.

12. The term "area" means a section of the municipality wherein the

commissioner or an authority or a municipality finds that insanitary or

substandard housing conditions exist. An area may include land whether

improved or unimproved, and buildings or improvements not in themselves

insanitary or substandard, the inclusion of which is deemed necessary by

the authority or the municipality or the commissioner, or for projects

of housing companies by the commissioner, for the effective clearance,

replanning, reconstruction or rehabilitation of the area of which such

land or property is a part.

13. The term "plan" means a plan or undertaking for the clearance,

replanning and reconstruction or rehabilitation of a substandard and

insanitary area or areas and for recreational and other facilities

incidental or appurtenant thereto to effectuate the purposes of article

eighteen of the constitution or any other provision of the constitution

delegating any similar power or providing homes for persons of low

income.

14. The term "project" means a specific work or improvement to

effectuate all or any part of a plan. The term shall include the lands,

buildings or any dwelling units therein, and improvements acquired,

owned, constructed, managed or operated hereunder, to provide dwelling

accommodations for persons of low income, and such stores, offices and

other non-housing facilities as well as social, recreational or communal

facilities, as may be deemed by the authority or municipality to be

incidental or appurtenant to a project. Subject to the provisions of

article eighteen of the constitution with respect to state projects,

such dwelling accommodations may be provided in any section of the

municipality, whether or not such section has insanitary or substandard

housing conditions. A project may be a federal project, a state project,

a municipal project or, subject to the limitations contained in section

seventy-five of this chapter, any combination of these.

15. The term "federal project" means a project aided or financed in

whole or in part, by the federal government.

16. The term "state project" means a project aided or financed in

whole or in part by the state and not by the federal government, except

as may be provided in section seventy-five of this chapter.

17. The term "municipal project" means a project other than a state

project or a federal project.

18. The terms "persons of low income" and "families of low income"

mean persons or families who are in the low income groups and who cannot

afford to pay enough to cause private enterprise in their municipality

to build a sufficient supply of adequate, safe and sanitary dwellings.

19. The term "mortgage" means mortgages, deeds of trust, building and

loan contracts or other instruments creating a lien.

20. The terms "real property" or "property" shall include lands and

improvements, lands under water, waterfront property, the water of any

lake, pond or stream, and any and all easements, franchises and

hereditaments, corporeal or incorporeal, and every estate, interest and

right therein, legal and equitable, in lands or water, and right,

interest, privilege, easement and franchise relating to the same,

including terms for years and liens by way of judgment, mortgage or

otherwise.

21. The term "obligee" shall include any bondholder, trustee or

trustees for any bondholders or any lessor demising property to an

authority or municipality used in connection with a project or an

assignee or assignees of such lessor's interest, and a government, which

is a party to any contract with the authority or municipality.

22. The term "going state rate of interest" means, at any time, the

annual rate of interest specified in the bonds of the state issued to

provide funds for a loan to effectuate the provisions of this chapter,

and if no such bonds have been issued, then the term means an annual

interest rate of two and one-half per centum.

23. The term "low rent housing" means dwellings within the financial

reach of families of low income and embraces recreational and other

facilities incidental and appurtenant thereto.

24. The term "project cost" means the cost of any or all undertakings

necessary for planning, financing (including payment of carrying

charges), land acquisition, demolition, construction, equipment, and

site development of new buildings, reconstruction, rehabilitation,

repair or remodeling of existing buildings, but, except as to existing

housing company projects, or parts thereof, sold, leased or otherwise

conveyed to an authority, not beyond the point of physical completion,

and the cost of tenant placement service in connection with a project.

In the case of new construction, the "project cost" shall be sufficient

to encourage excellence of architectural design, variety and interest in

building materials, and aesthetic objectives compatible with prudent

budgeting. Where a housing company project, or a part thereof, is

purchased by, leased or otherwise conveyed to an authority, the term

"project cost" may include the cost of such purchase, lease or other

conveyance as determined and certified by the commissioner.

25. The term "condemnation" means the acquisition of real property in

the manner provided by the eminent domain procedure law by the

municipality in which the real property is to be taken.

26. The term "planning commission" means any agency of a municipality

authorized to prepare, adopt or amend the map of the municipality or

empowered to prepare and adopt and from time to time modify a

comprehensive or master plan of the municipality.

27. The term "tenant services" shall include but not be limited to

counseling on household management, housekeeping, budgeting, money

management, child care, and similar matters or services which are

directly related to meeting tenant needs and providing a wholesome

living environment; and referral to appropriate agencies when necessary

for the provision of such services.

Division of housing and community renewal. There shall be in

the executive department a division of housing and community renewal.

Reference in this chapter or in any other general, special or local law

to the division of housing shall be deemed to mean and refer to the

division of housing and community renewal which is hereby made the new

title of such division.

Commissioner of housing and community renewal; appointment; term

of office; vacancies; salaries. The head of the division of housing and

community renewal shall be the commissioner of housing and community

renewal who shall be appointed by the governor and shall hold office

during his pleasure. The commissioner shall receive an annual salary to

be fixed by the governor within the amount appropriated therefor. The

commissioner shall be the chief executive officer of the division, and

he may, by order filed in the executive department, delegate any of his

powers to or direct any of his duties to be performed by a deputy,

except the power to appoint or remove officers or employees or to fix

their compensation.

Officers and employees. Subject to approval by the governor, or

pursuant to rules prescribed by him, the commissioner may appoint such

officers and employees as may be required for the performance of the

powers and duties of the division, determine their qualifications and

fix their compensation within the amount provided by appropriation.

Refunds. Moneys received by the state division of housing or

the commissioner of housing pursuant to this chapter and the private

housing finance law or under any agreement prior to July first, nineteen

hundred sixty-one may be refunded: (a) where such moneys were not

required by law or the commissioner's rules or regulations; (b) where

such moneys were in excess of the amounts that may be required by law or

as fixed by the commissioner pursuant to law or the commissioner's rules

or regulations. Any such moneys received after July first, nineteen

hundred sixty-one shall not be so refunded unless application for such

refund has been made within three years after its receipt by the state

division of housing.

Disqualification of commissioner, officers and employees.

Neither the commissioner, nor any officer or employee in the division of

housing shall acquire any interest direct or indirect in a project or in

any property then or thereafter included or planned to be included in a

project, nor retain any interest direct or indirect in any property

acquired subsequently to his appointment or employment which is later

included or to his knowledge planned to be included in a project, nor

shall he have any interest direct or indirect in any contract or

proposed contract for materials or services to be furnished or used in

connection with a project. If the commissioner or any officer or

employee in the division of housing owns or controls an interest direct

or indirect in any property included in any project, which was acquired

prior to his appointment or employment, he shall disclose such interest

and the date of acquisition thereof in writing to the governor or the

commissioner, as the case may be, and such disclosure shall be entered

in a special record of the division of housing kept for such purpose.

Powers and duties of the commissioner; generally. 1. In addition

to the powers hereinafter granted, the commissioner, his counsel or any

other officer or employee of the division specially designated by the

commissioner shall have the following powers:

(a) assist in the preparation of legislation and formulate regulations

in relation to authorities and their functions;

(b) investigate into monopolies of building materials, and

extortionate, illegal or unfair activities or practices affecting the

cost of construction or production of buildings and cooperate with

federal and state investigating officers to end such abuses;

(c) make reports from time to time to the governor with respect to

matters within his jurisdiction;

(d) investigate into the affairs of authorities and into the dealings,

transactions or relationships of authorities with third persons;

(e) administer oaths, take affidavits, hear testimony and take proof

under oath at public or private hearings;

(f) make or order inspections of all places to which his duties

relate;

(g) subpoena and require the attendance of witnesses and the

production of books and papers pertaining to the investigations and

inquiries authorized by this chapter and examine them in relation to any

matter he has power to investigate;

(h) issue commissions for the examination of witnesses who are out of

the state or unable to attend before him or are excused from attendance;

(i) subject to the powers of the state comptroller or of municipal

comptroller, as the case may be, prescribe methods and forms for keeping

accounts, records and books to be used by an authority;

(j) require an authority to file periodic reports not more often than

quarterly, covering its operations and activities, in a form prescribed

by him;

(k) investigate the possibility of negotiating a fixed annual wage for

laborers, workmen or mechanics employed in the housing industry

generally for the purpose of stabilizing employment in such industry;

(l) investigate into housing needs and conditions in the state and

into the means of improving such conditions; collect and distribute

information relating to housing needs and conditions and methods of

dealing therewith.

(m) assist, participate in and otherwise cooperate with, at the

request of, the person or persons or department of any county, city,

town, village or other local government charged with the enforcement of

laws, ordinances, codes and regulations in relation to multiple

dwellings in the discharge of such duties.

(n) enter into contracts with the federal government to receive grants

to assist in financing tenant services; enter into contracts with and

distribute the proceeds of such grants to other state agencies and

officials, housing authorities, other public corporations, non-profit

and other private organizations when, in the commissioner's discretion,

such services might be better provided under such contracts.

(o) apply for and contract with, or receive and accept assistance as

an agent of the state, acting by and through the division of housing and

community renewal, in the form of gifts, grants, loans of funds or of

property, or other aid in any form, from the federal government or any

agency or instrumentality thereof for purposes of (i) providing housing

for persons of low income, (ii) the clearance, replanning,

reconstruction and rehabilitation of substandard or insanitary housing

or areas, (iii) the development or redevelopment of distressed,

deteriorated or underutilized communities or deteriorating

neighborhoods, or (iv) the construction or rehabilitation of

recreational and other facilities incidental thereto, and to do any and

all things which may be required under any federal law, regulation or

contract in connection with such assistance. No action pursuant to this

paragraph shall be taken on behalf of or for the benefit of a unit of

local government except at the request of or with the consent of such

unit. The power herein granted shall not limit the power of any

municipality or agency thereof, or any housing authority or other public

corporation or any private entity to apply for and contract with the

federal government or any agency or instrumentality thereof for purposes

of receiving such gifts, grants, loans or other aid.

(p) develop, publish and distribute a land development guide which

shall describe those issues which are relevant to the development of an

appropriate local land use ordinance for localities of varying size and

composition. Such guide may, in the discretion of the commissioner,

contain model ordinances, local laws and procedures which may be adopted

by localities in regulating the development of land. Such guide shall

describe the merits and problems of procedures which localities may

include in any land development law ordinance including but not limited

to:

(i) the utilization of a single consolidated application form for use

by all local agencies having jurisdiction to review and approve such

development;

(ii) coordination of staff review and communications between staff and

the applicant;

(iii) the elimination of separate public hearings by reviewing state,

county and local agencies having jurisdiction whenever practicable and

if requested by the applicant;

(iv) the concurrent running of all applicable time limits for

decisions by all approving and reviewing agencies; and

(v) other matters that will encourage efficiency and clarity in the

land development approval process including the possible use of state

inducements for localities to address land use development issues. For

the preparation of such guide, the commissioner shall establish and meet

regularly with an advisory committee of no more than twelve persons. One

member shall be appointed by the temporary president of the senate, one

member shall be appointed by the minority leader of the senate, one

member shall be appointed by the speaker of the assembly and one member

shall be appointed by the minority leader of the assembly. The

commissioner shall appoint all other members of the advisory committee

and shall designate the chairman of the advisory committee. The advisory

committee membership shall be as representative of the various

geographical areas of the state as is practicable and shall include

representatives of New York city and other local governments, state

government, planning agencies, builder organizations, housing

development companies, nonprofit housing development organizations,

environmental organizations and professional design organizations.

Advisory committee members shall receive no compensation for their

services, but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

The commissioner shall publish the first such guide, no later than the

thirty-first day of March, 1991. Models published pursuant to this

subdivision shall be distributed to local governments and other

interested agencies, organizations and persons.

(w) enter into contracts, as an agent of the state, with private

entities to encourage the development of new multi-family housing in

municipalities found by the legislature to be suffering from a housing

emergency at the time of contracting. Such contracts shall include a

commitment by the state that any such new housing shall remain exempt

from rent control, rent stabilization and any other form of rent

regulation for a term of fifty years except where equivalent,

co-terminus and general controls of prices and wages are imposed or

where the owner or developer of such housing voluntarily agrees to

accept such regulation in consideration for tax or other governmental

benefits. Notwithstanding any other provision of law to the contrary, an

agreement by the developer to build new multi-family housing in an area

suffering from a housing emergency shall be deemed good and valid

consideration for the foregoing commitment by the state.

(x) enforce the emergency tenant protection act of nineteen

seventy-four, the emergency housing rent control law, the local

emergency housing rent control act, the rent stabilization law of

nineteen sixty-nine and any regulations, rules and policies enacted

pursuant thereto, in addition to any other laws, rules or regulations

related to housing that is financed, administered, overseen or otherwise

regulated by the agency or its related entities which constitute

component parts of the division; such enforcement authority shall

include, but not be limited to, all of the powers granted by the other

provisions of this subdivision, the statutes, rules, regulations and

other documents governing the administration of housing by the division,

and, where applicable, the power to issue orders.

2. Subject to approval by the state comptroller, and by the

attorney-general as to form, the commissioner shall have power to make

and execute contracts and other instruments necessary or convenient to

the exercise of his powers relating to state loans and subsidies. The

commissioner shall have power to sue in the name of the people of the

state; to enforce, by appropriate actions or proceedings, any rights of

the state conferred by any law, mortgage, lien, bond, contract or

agreement and shall be represented in all litigated matters by the

attorney-general.

3. Subject to approval by the state comptroller, the commissioner may

consent to the modification of any contract or agreement to which the

state is a party pursuant to the provisions of this chapter.

4. The agency shall promulgate regulations, rules and policies which

provide for the rights of family members to succeed in certain cases to

the rights of tenants protected by the emergency tenant protection act

of nineteen seventy-four, the emergency housing rent control law, the

local emergency housing rent control act, the administrative code of the

city of New York and any regulations, rules and policies enacted

pursuant thereto. Such regulations, rules and policies shall contain

provisions which include, but shall not be limited to, the following:

(a) that unless otherwise prohibited by occupancy restrictions based

upon income limitations pursuant to federal, state or local law,

regulations or other requirements of governmental agencies, any member

of the tenant's family, as defined in paragraph (c) of this subdivision,

shall succeed to the rights of a tenant under such acts and laws where

the tenant has permanently vacated the housing accommodation and such

family member has resided with the tenant in the housing accommodation

as a primary residence for a period of no less than two years, or where

such person is a "senior citizen" or a "disabled person," as defined in

paragraph (c) of this subdivision, for a period of no less than one

year, immediately prior to the permanent vacating of the housing

accommodation by the tenant, or from the inception of the tenancy or

commencement of the relationship, if for less than such periods. For the

purposes of this paragraph, "permanently vacated" shall mean the date

when the tenant of record permanently stops residing in the housing

accommodation regardless of subsequent contacts with the unit or the

signing of lease renewals or continuation of rent payments. The minimum

periods of required residency set forth in this subdivision shall not be

deemed to be interrupted by any period during which the "family member"

temporarily relocates because he or she:

(i) is engaged in active military duty;

(ii) is enrolled as a full time student;

(iii) is not in residence at the housing accommodation pursuant to a

court order not involving any term or provision of the lease, and not

involving any grounds specified in the real property actions and

proceedings law;

(iv) is engaged in employment requiring temporary relocation from the

housing accommodation;

(v) is hospitalized for medical treatment; or

(vi) has such other reasonable grounds that shall be determined by the

commissioner upon application by such person.

(b) that a tenant may in a form prescribed by the division of housing

and community renewal, at any time, advise the landlord of, or a

landlord may at any time but no more often than once in any twelve

months, request from the tenant, the names of all persons other than the

tenant who are residing in the housing accommodation, and the following

information pertaining to such persons:

(i) if the person is a "family member" as defined in paragraph (c) of

this subdivision; and

(ii) if the person is, or upon the passage of the applicable minimum

period of required residency, may become a person entitled to be named

as a tenant on a renewal lease or to protection from eviction pursuant

to paragraph (a) of this subdivision, and the date of the commencement

of such person's primary residence with the tenant; and

(iii) if the person is a "senior citizen" or a "disabled person" as

defined in paragraph (c) of this subdivision.

Failure of the tenant to provide such information to the landlord,

regardless of whether the landlord requests the information, shall place

upon all such persons not so made known to the landlord, who seek to

exercise the right to be named as a tenant on a renewal lease or the

right to protection from eviction as provided for in this subdivision,

the affirmative obligation to establish such right.

(c) that for the purposes of such regulations: (i) "family member"

shall be defined as a husband, wife, son, daughter, stepson,

stepdaughter, father, mother, stepfather, stepmother, brother, sister,

grandfather, grandmother, grandson, granddaughter, daughter-in-law,

son-in-law, mother-in-law or father-in-law of the tenant; or any other

person residing with the tenant in the housing accommodation as a

primary residence who can prove emotional and financial commitment, and

interdependence between such person and the tenant. Although no single

factor shall be solely determinative, evidence which is to be considered

in determining whether such emotional and financial commitment and

interdependence existed, may include, without limitation, such factors

as listed below. In no event would evidence of a sexual relationship

between such persons be required or considered.

(A) longevity of the relationship;

(B) sharing of or relying upon each other for payment of household or

family expenses, or other common necessities of life;

(C) intermingling of finances as evidenced by, among other things,

joint ownership of bank accounts, personal and real property, credit

cards, loan obligations, sharing a household budget for purposes of

receiving government benefits, or such other factors as may be

determined by regulation;

(D) engaging in family-type activities by jointly attending family

functions, holidays and celebrations, social and recreational

activities, or such other factors as may be determined by regulation;

(E) formalizing of legal obligations, intentions, and responsibilities

to each other by such means as executing wills naming each other as

executor or beneficiary, conferring upon each other a power of attorney

or authority to make health care decisions each for the other, entering

into a personal relationship contract, making a domestic partnership

declaration, or serving as a representative payee for purposes of public

benefits, or such other factors as may be determined by regulation;

(F) holding themselves out as family members to other family members,

friends, members of the community or religious institutions, or society

in general, through their words or actions;

(G) regularly performing family functions, such as caring for each

other or each other's extended family members, or relying upon each

other for daily family services;

(H) engaging in any other pattern of behavior, agreement, or other

action which evidences the intention of creating a long-term,

emotionally-committed relationship.

(ii) a "senior citizen" is defined as a person who is sixty-two years

of age or older;

(iii) a "disabled person" is defined as a person who has an impairment

which results from anatomical, physiological or psychological

conditions, other than addiction to alcohol, gambling, or any controlled

substance, which are demonstrable by medically acceptable clinical and

laboratory diagnostic techniques, and which are expected to be permanent

and which substantially limit one or more of such person's major life

activities.

5. In order to effectuate the collection, administration and payment

of rent payments pursuant to article seven of the real property actions

and proceedings law, the division of housing and community renewal

shall, in cooperation with the office of court administration, select

through a competitive process, approved by the state comptroller, a

competent financial institution for the deposit and management of such

payments.

6. Wherever the commissioner has the discretion to determine contract

awards through a competitive application process, the commissioner shall

give preference to applications that propose feasible projects to be

developed and will be located on a brownfield site that has received a

certificate of completion.

7. The lease rider promulgated by the commissioner pursuant to the

emergency tenant protection act of nineteen hundred seventy-four or the

rent stabilization law of nineteen hundred sixty-nine which is provided

to tenants shall set forth information relating to fees which an owner

may charge tenants separate and apart from and in addition to the rent

for the housing accommodation, as well as a description of such fees.

Actions and proceedings against the commissioner or the state;

intervention by commissioner in certain actions and proceedings. With

regard to duties or liabilities arising out of this chapter, the state

or the commissioner may be sued in the same manner as a private person.

In any action or proceeding affecting any state project the commissioner

shall be given notice thereof, and he shall take such steps in such

action or proceeding as may be necessary to protect the public interest.

If, in the opinion of the commissioner, it is necessary or desirable in

the public interest, that he intervene in such action or proceeding he

shall be permitted to do so as a matter of right. Whenever in connection

with a state project under any instrument or law, a notice of default in

writing is required to be served upon an authority or municipality

before the institution of any action or proceeding, a copy of such

notice shall be served upon the commissioner at least five days before

commencement of the action or proceeding. No costs shall be awarded

against the commissioner or the state in any such litigation.

Powers and duties of commissioner with respect to state

projects. With respect to any state project, the commissioner shall

have the following duties and powers: 1. To order such repairs of the

buildings and structures constituting the project as may be necessary.

2. To order the authority or the municipality if the project is

undertaken or operated by the municipality, to do such acts as may be

necessary to comply with the provisions of this chapter, or any rule or

regulation adopted by the commissioner, or the terms of the contract for

state aid, or to refrain from doing any act in violation of any of the

foregoing.

3. To enforce his orders by mandamus or injunction in a summary

proceeding.

4. To permit the consolidation of two or more approved state projects

or the extension or amendment thereof or the consolidation of any

approved state project with a proposed project. In any such case, the

consolidated state project shall be treated as an original state project

and an application shall be submitted as in the case of an original

state project and the rents and costs of the consolidated project may be

averaged. Consolidation hereunder may be permitted regardless of whether

the state projects to be consolidated are contiguous or adjacent to each

other. Such contracts as may have been made with regard to approved

state projects may, upon consolidation of the projects, also be

consolidated and contracts for consolidated state projects shall be

subject to all the provisions of this chapter, governing original state

projects.

Occupancy preference. The occupancy of any state project shall

be restricted to persons of low income and preference shall be given to

persons who live or shall have lived in the substandard or insanitary

area or areas which have been or will be cleared, replanned,

reconstructed or rehabilitated pursuant to a plan.

Effects of breach or of acquisition of projects by third

persons. In every contract for a loan by the state or for periodic

subsidies by the state, or both, a substantial breach of the condition

set forth therein providing for the maintenance of the project as low

rent housing shall be defined in such terms as the commissioner shall

deem to be in the public interest and consistent with the provisions and

purposes of this chapter. In every such contract the commissioner shall

retain the right, in the event of such a substantial breach or in the

event of the acquisition of title to the project by a third party, other

than a government authorized to engage in the administration of low rent

housing and approved by the commissioner, in any manner including a bona

fide foreclosure under a mortgage or other lien held by a third party,

to increase the interest payable thereafter on the unpaid balance of any

loan made pursuant to the contract to a rate not in excess of the going

state rate of interest (at the time of such breach or acquisition) plus

two per centum per annum or to declare any such unpaid balance due

forthwith and to reduce or terminate any periodic subsidies payable

under the contract.

Rules and regulations. The commissioner shall have the power,

from time to time, to make, promulgate, modify, amend and repeal rules

and regulations to effectuate his powers and duties. No such rule or

regulation except such as relates to the organization or internal

management of the division of housing, shall be effective until it is

filed in the office of the department of state.

Electronic lease regulations. 1. The commissioner, in

consultation with the electronic facilitator as defined in section three

hundred three of the state technology law, shall promulgate rules and

regulations authorizing the use of electronic records or signatures on a

voluntary basis by tenants for residential leases and lease renewals of

units for which the owner is required to file annual registration

statements, pursuant to either section twelve-a of the emergency tenant

protection act of nineteen seventy-four or section 26-517 of the

administrative code of the city of New York, in a manner that conforms

with the requirements of article three of the state technology law.

2. Such rules and regulations shall include, but not be limited to,

procedures regarding notification to tenants regarding affirmative

consent to the use of electronic records and that the use of electronic

records and signatures is voluntary pursuant to section three hundred

nine of the state technology law.

3. The division shall also develop a form in the top six languages

other than English spoken in the state according to the latest available

data from the U.S. Bureau of Census that confirms a tenant's affirmative

consent to the use of electronic records. Such form shall clearly state

the requirement that the use of electronic records and signatures is

voluntary and cannot be required by a landlord, cite the relevant parts

of the electronic signatures and records act, and require that copies of

this signed consent form be provided to the tenant. No electronic

records shall be accepted by any court or any unit of the division

unless such consent form is provided to such courts or the division.

Annual reports. 1. The commissioner shall, on or before October

first in each year, beginning in nineteen hundred ninety, submit one or

more reports to the governor, the temporary president of the senate, the

speaker of the assembly, the minority leader of the senate and minority

leader of the assembly on the activity and implementation of the state

housing assistance programs for the previous fiscal year. In addition,

the commissioner shall, on or before February first in each year,

beginning in nineteen hundred ninety-one, submit an interim report which

contains, in tabular format only, the non-narrative data compiled

through November thirtieth of each year. The commissioner shall submit

on or before February first, nineteen hundred ninety a report for the

fiscal year commencing April first, nineteen hundred eighty-eight and

the most up to date non-narrative data, in tabular format only, but in

no event less than the data compiled through September thirtieth,

nineteen hundred eighty-nine. All such reports shall include, but not be

limited to the low income housing trust fund program, the affordable

home ownership development program, the urban initiatives program, the

rural area revitalization program, the rural rental assistance program,

the homeless housing and assistance program, the housing opportunities

program for the elderly, the state of New York mortgage agency forward

commitment and mortgage insurance programs, the housing finance agency

secured loan rental program, the turnkey/enhanced housing trust fund

program, the special needs housing program, the permanent housing for

the homeless program, the infrastructure development demonstration

program and the mobile home cooperative fund program. For the purpose of

producing such report or reports, the commissioner shall be authorized

to rely on information provided by each administering agency or

authority. Such report or reports shall, to the extent applicable to a

specific program, include but not be limited to: (i) a narrative for

each program reported describing the program purpose, eligible

applicants, eligible areas, income population to be served, and

limitations on funding; (ii) for each eligible applicant receiving

funding under the Housing Trust Fund or the Affordable Home Ownership

Development programs during the year specified herein, such applicant's

name and address, a description of the applicant's contract amount, a

narrative description of the specific activities performed by such

applicant, and the income levels of the occupants to be served by the

units all as proposed by the applicant at the time the contract is

awarded; (iii) a description of the distribution of funds for each

category of project funded under each program; (iv) the number of units

or beds under award, under contract, under construction and completed

based on a change in project status during the year for each program;

(v) the number of units or beds assisted during the year under each

program; (vi) the amount and type of assistance provided for such units

or beds placed under contract; (vii) based on total project costs, the

number of units or beds under contract and assisted through new

construction, substantial rehabilitation, moderate rehabilitation,

improvements to existing units or beds, and through acquisition only for

each program; (viii) for the number of units or beds under contract

assisted through new construction, substantial rehabilitation, moderate

rehabilitation, improvements to existing units or beds, and through

acquisition only, the level of state assistance expressed as a

percentage of total project cost; (ix) for those units and beds under

contract a calculation of the amount of non-state funds provided

expressed as a percentage of total project cost; (x) the number of units

or beds completed and under award, under contract and under construction

for each program based on the current program pipeline; (xi) for units

or beds for which mortgage assistance was provided by the state of New

York mortgage agency, the number of existing and newly constructed

units; and (xii) a list, by program, of units or beds assisted within

each county. To the extent that any law establishing or appropriating

funds for any of the aforementioned programs requires the commissioner

to produce a report containing data substantially similar to that

required herein, this report shall be deemed to satisfy such other

requirements.

2. The commissioner shall, on or before December thirty-first, two

thousand nineteen, and on or before December thirty-first in each

subsequent year, submit and make publicly available a report to the

governor, the temporary president of the senate, the speaker of the

assembly, and on its website, on the implementation of the system of

rent regulation pursuant to chapter five hundred seventy-six of the laws

of nineteen hundred seventy-four, chapter two hundred seventy four of

the laws of nineteen hundred forty-six, chapter three hundred

twenty-nine of the laws of nineteen hundred sixty-three, chapter five

hundred fifty-five of the laws of nineteen hundred eighty-two, chapter

four hundred two of the laws of nineteen hundred eighty-three, chapter

one hundred sixteen of the laws of nineteen hundred ninety-seven,

sections 26-501, 26-502, and 26-520 of the administrative code of the

city of New York and the housing stability and tenant protection act of

2019. Such report shall include but not be limited to: a narrative

describing the programs and activities undertaken by the office of rent

administration and the tenant protection unit, and any other programs or

activities undertaken by the division to implement, administer, and

enforce the system of rent regulation; and in tabular format, for each

of the three fiscal years immediately preceding the date the report is

due: (i) the number of rent stabilized housing accommodations within

each county; (ii) the number of rent controlled housing accommodations

within each county; (iii) the number of applications for major capital

improvements filed with the division, the number of such applications

approved as submitted, the number of such applications approved with

modifications, and the number of such applications rejected; (iv) the

median and mean value of applications for major capital improvements

approved; (v) the number of units which were registered with the

division where the amount charged to and paid by the tenant was less

than the registered rent for the housing accommodation; (vi) for housing

accommodations that were registered with the division where the amount

charged to and paid by the tenant was less than the registered rent for

the housing accommodation, the median and mean difference between the

registered rent for a housing accommodation and the amount charged to

and paid by the tenant; (vii) the median and mean registered rent for

housing accommodations for which the lease was renewed by an existing

tenant; (viii) the median and mean registered rent for housing

accommodations for which a lease was signed by a new tenant after a

vacancy; (ix) the median and mean increase, in dollars and as a

percentage, in the registered rent for housing accommodations where the

lease was signed by a new tenant after a vacancy; (x) the median and

mean increase, in dollars and as a percentage, in the registered rent

for housing accommodations where the lease was signed by a new tenant

after a vacancy, where the amount changed to and paid by the prior

tenant was the full registered rent; (xi) the median and mean increase,

in dollars and as a percentage, in the registered rent for housing

accommodations where the lease was signed by a new tenant after a

vacancy, where the amount changed to and paid by the prior tenant was

less than the registered rent; (xii) the number of rent overcharge

complaints processed by the division; (xiii) the number of final

overcharge orders granting an overcharge; (xiv) the number of

investigations commenced by the tenant protection unit, the aggregate

number of rent stabilized or rent controlled housing accommodations in

each county that were the subject of such investigations, and the

dispositions of such investigations. At the time the report is due, the

commissioner shall make available to the governor, the temporary

president of the senate, the speaker of the assembly, and shall make

publicly available, and on its website in machine readable format, the

data used to tabulate the figures required to be included in the report,

taking any steps necessary to protect confidential information regarding

ongoing investigations, individual buildings, housing accommodations,

property owners, and tenants.

Definitions. 1. (a) "Applicable percentage" means the

appropriate percentage (depending on whether a building is new,

existing, or federally subsidized) prescribed by the secretary of the

treasury for purposes of section 42 of the internal revenue code for the

month which is the earlier of

(i) the month in which the eligible low-income building is placed in

service, or

(ii) at the election of the taxpayer,

(A) the month in which the taxpayer and the commissioner enter into an

agreement with respect to such building (which is binding on the

commissioner, the taxpayer, and all successors in interest) as to the

housing credit dollar amount to be allocated to such building, or

(B) in the case of any building to which subsection (h)(4)(B) of such

section 42 applies, the month in which the tax-exempt obligations are

issued.

(b) A month may be elected under subparagraph (ii) of paragraph (a) of

this subdivision only if the election is made not later than the fifth

day after the close of such month. Such election, once made, shall be

irrevocable.

(c) If, as of the close of any taxable year in the credit period, the

qualified basis of an eligible low-income building exceeds such basis as

of the close of the first year of the credit period, the applicable

percentage which shall apply to such excess shall be two-thirds of the

applicable percentage originally ascribed to such building.

2. "Compliance period" means, with respect to any building, the period

of fifteen taxable years beginning with the first taxable year of the

credit period with respect to such building.

3. "Credit period" means, with respect to any eligible low-income

building, the period of ten taxable years beginning with

(a) the taxable year in which the building is placed in service, or

(b) at the election of the taxpayer, the succeeding taxable year,

but only if the building is an eligible low-income building as of the

close of the first year of such period. The election under paragraph (b)

of this subdivision, once made, shall be irrevocable.

4. "Eligibility statement" means a statement issued by the

commissioner certifying that a building is an eligible low-income

building. Such statement shall set forth the taxable year in which such

building is placed in service, the dollar amount of low-income housing

credit allocated by the commissioner to such building as provided in

subdivision five of section twenty-two of this article, the applicable

percentage and maximum qualified basis with respect to such building

taken into account in determining such dollar amount, sufficient

information to identify each such building and the taxpayer or taxpayers

with respect to each such building, and such other information as the

commissioner, in consultation with the commissioner of taxation and

finance, shall prescribe. Such statement shall be first issued following

the close of the first taxable year in the credit period, and

thereafter, to the extent required by the commissioner of taxation and

finance, following the close of each taxable year of the compliance

period.

5. "Eligible low-income building" means a building located in this

state which either

(a) is a qualified low-income building as defined in section 42(c) of

the internal revenue code, or

(b) would be a qualified low-income building under such section if the

20-50 test specified in subsection (g)(1) of such section were

disregarded and the 40-60 test specified in such subsection (requiring

that at least forty percent of residential units be both rent-restricted

and occupied by individuals whose income is sixty percent or less of

area median gross income) were a 40-90 test.

6. "Qualified basis" of an eligible low-income building means the

qualified basis of such building determined under section 42(c) of the

internal revenue code, or which would be determined under such section

if the 40-90 test specified in paragraph (b) of subdivision five of this

section applied under such section 42 to determine if such building were

part of a qualified low-income housing project.

7. References in this article to section 42 of the internal revenue

code shall mean such section as amended from time to time.

Allowance of credit, amount and limitations. 1. A taxpayer

subject to tax under article nine-A, twenty-two, or thirty-three of the

tax law which owns an interest in one or more eligible low-income

buildings, or a transferee of such a taxpayer as described in

subdivision eight of this section, shall be allowed a credit against

such tax for the amount of low-income housing credit allocated by the

commissioner to each such building. Except as provided in subdivision

two of this section, the credit amount so allocated shall be allowed as

a credit against the tax for the ten taxable years in the credit period.

2. Adjustment of first-year credit allowed in eleventh year. The

credit allowable for the first taxable year of the credit period with

respect to any building shall be adjusted using the rules of section

42(f)(2) of the internal revenue code (relating to first-year adjustment

of qualified basis by the weighted average of low-income to total

residential units), and any reduction in first-year credit by reason of

such adjustment shall be allowable for the first taxable year following

the credit period.

3. Amount of credit. Except as provided in subdivisions four and five

of this section, the amount of low-income housing credit shall be the

applicable percentage of the qualified basis of each eligible low-income

building. Buildings financed by refunded bonds using the rules of

section 146(i)(6) of the internal revenue code, shall be eligible for

credit pursuant to the rules of section 42(b)(2) of the internal revenue

code.

* 4. Statewide limitation. The aggregate dollar amount of credit which

the commissioner may allocate to eligible low-income buildings under

this article shall be two hundred seventeen million dollars. The

limitation provided by this subdivision applies only to allocation of

the aggregate dollar amount of credit by the commissioner and does not

apply to allowance to a taxpayer of the credit with respect to an

eligible low-income building for each year of the credit period.

* NB Effective until April 1, 2027

* 4. Statewide limitation. The aggregate dollar amount of credit which

the commissioner may allocate to eligible low-income buildings under

this article shall be two hundred forty-seven million dollars. The

limitation provided by this subdivision applies only to allocation of

the aggregate dollar amount of credit by the commissioner and does not

apply to allowance to a taxpayer of the credit with respect to an

eligible low-income building for each year of the credit period.

* NB Effective April 1, 2027 until April 1, 2028

* 4. Statewide limitation. The aggregate dollar amount of credit which

the commissioner may allocate to eligible low-income buildings under

this article shall be two hundred seventy-seven million dollars. The

limitation provided by this subdivision applies only to allocation of

the aggregate dollar amount of credit by the commissioner and does not

apply to allowance to a taxpayer of the credit with respect to an

eligible low-income building for each year of the credit period.

* NB Effective April 1, 2028 until April 1, 2029

* 4. Statewide limitation. The aggregate dollar amount of credit which

the commissioner may allocate to eligible low-income buildings under

this article shall be three hundred seven million dollars. The

limitation provided by this subdivision applies only to allocation of

the aggregate dollar amount of credit by the commissioner and does not

apply to allowance to a taxpayer of the credit with respect to an

eligible low-income building for each year of the credit period.

* NB Effective April 1, 2029

5. Building limitation. The dollar amount of credit allocated to any

building shall not exceed the amount the commissioner determines is

necessary for the financial feasibility of the project and the viability

of the building as an eligible low-income building throughout the credit

period. In allocating a dollar amount of credit to any building, the

commissioner shall specify the applicable percentage and the maximum

qualified basis which may be taken into account under this article with

respect to such building. The applicable percentage and the maximum

qualified basis with respect to a building shall not exceed the amounts

determined in subdivisions one and six, respectively, of section

twenty-one of this article.

6. Long-term commitment to low-income housing required. No credit

shall be allowed under this article with respect to a building for the

taxable year unless an extended low-income housing commitment is in

effect as of the end of such taxable year. For purposes of this

subdivision, the term "extended low-income housing commitment" means an

agreement between the taxpayer and the commissioner substantially

similar to the agreement specified in section 42(h)(6)(B) of the

internal revenue code.

7. Credit to successor owner. If a credit is allowed under subdivision

one of this section with respect to an eligible low-income building and

such building (or an interest therein) is sold during the credit period,

the credit for the period after the sale which would have been allowable

under such subdivision one to the prior owner had the building not been

sold shall be allowable to the new owner. Credit for the year of sale

shall be allocated between the parties on the basis of the number of

days during such year that the building or interest was held by each.

8. (a) A taxpayer allowed a credit pursuant to this article may

transfer the credit, in whole or in part, to another person or entity,

who shall be referred to as the transferee, without regard to how any

federal low-income housing tax credit with respect to the low-income

building may be allocated and notwithstanding that such other person or

entity owns no interest in the eligible low-income building or in an

entity with an ownership interest in the eligible low-income building.

Transferees shall be entitled to apply transferred credit to a tax

imposed under article nine-A, twenty-two or thirty-three of the tax law,

provided all requirements for claiming the credit are met. A transferee

may not transfer any credit, or portion thereof, acquired by transfer.

(b) A taxpayer allowed a credit pursuant to this article must enter

into a transfer contract with the transferee. The transfer contract must

specify

(i) the building identification numbers for all buildings in the

project;

(ii) the date each building was placed into service;

(iii) the fifteen year compliance period for the project;

(iv) the schedule of years for which the transfer credit may be

claimed and the amount of credit previously claimed;

(v) the amount of consideration received by the taxpayer for the

transfer credit; and

(vi) the amount of credit being transferred.

(c) No transfer shall be effective unless the taxpayer allowed a

credit pursuant to this article and seeking to transfer the credit files

a transfer statement with the commissioner prior to the transfer and the

commissioner approves such transfer. The transfer statement shall

provide the name and federal identification numbers of the filing

transferor and the taxpayer to whom the filing transferor transferred

the credit, and the amount of credit transferred to each such person or

entity. A copy of the transfer contract shall be attached to the

transfer statement. The statement shall also contain such other

information as the commissioner may require. After reviewing the

transfer contract and the transfer statement, the commissioner shall

approve or deny the transfer as provided in this subdivision. If the

commissioner approves the transfer, the commissioner shall issue an

approval statement that provides the name of the transferor and

transferee, the amount of credit being transferred and such other

information as the commissioner and the commissioner of taxation and

finance deem necessary. A copy of the commissioner's approval statement

must be attached to the transferee's tax return. If the commissioner

denies the transfer, the commissioner shall provide the taxpayer a

written determination for such denial. The commissioner, in consultation

with the commissioner of taxation and finance, may establish such other

procedures and standards deemed necessary for the transferability of the

low-income housing credit.

(d) The commissioner shall forward copies of all transfer statements

and attachments thereto and approval statements to the department of

taxation and finance within thirty days after the transfer is approved

by the commissioner.

Project monitoring. The commissioner shall establish such

procedures deemed necessary for monitoring compliance of an eligible

low-income building with the provisions of this article, and for

notifying the commissioner of taxation and finance of any such

noncompliance.

Credit recapture. If, as of the close of any taxable year in the

compliance period, the amount of the qualified basis of any building

with respect to the taxpayer is less than the amount of such basis as of

the close of the preceding taxable year, the credit under this article

may be recaptured as provided in section eighteen of the tax law.

Regulations, coordination with federal low-income housing credit

provisions. 1. The commissioner shall promulgate rules and regulations

necessary to administer the provisions of this act.

2. The provisions of section 42 of the internal revenue code shall

apply to the credit under this article, provided however, to the extent

such provisions are inconsistent with this article, the provisions of

this article shall control.

3. The allocation of the credit established by this article may be

made without regard to and in a separate manner from any federal

low-income housing credit that may be allocated with respect to an

eligible low-income building.

Organization of authorities. 1. In the case of an authority

hereafter established by a special act of the legislature, the mayor of

a city or village, or the town board of a town, shall file in the office

of the commissioner, and a duplicate in the office of the secretary of

state, a certificate signed by him or it and setting forth: (a) the date

of the passage of the special act establishing the authority; (b) the

name of the authority; and (c) the names of the members and their terms,

specifying which member is chairman.

2. Except as otherwise provided by special act of the legislature, an

authority shall consist of not less than three nor more than seven

members. The members of an authority who are first appointed shall be

not more than five in number and shall be designated to serve for terms

of one, two, three, four and five years respectively from the date of

their appointment, depending upon the number of members constituting the

authority. Thereafter the term of office of appointive members shall be

five years. A member shall continue to hold office until his successor

is appointed or elected and has qualified. The mayor of a city or

village, or the town board of a town, shall appoint the appointive

members, designate the first chairman and file with the commissioner a

certificate of appointment or the reappointment of any member.

3. A majority of the members of an authority shall constitute a

quorum.

4. Not more than one member of an authority may be an official or an

employee of the municipality at any one time. In the event that an

official or an employee of the municipality shall be appointed as a

member of the authority, acceptance or retention of such appointment

shall not be deemed a forfeiture of his municipal office or employment,

or incompatible therewith or affect his tenure or compensation in any

way. The term of office of a member of an authority who is an official

of the municipality shall terminate at the expiration of the term of his

municipal office.

5. Notwithstanding any other provision of law, each authority having

supervision over one hundred or more occupied dwelling units and not

located in a city having a population of more than one million shall

include as members two tenants elected by the residents of the

authority's housing for terms of two years each. Each authority coming

within the provisions of this subdivision shall, within six months after

the effective date of this act or within six months after the authority

becomes subject to the requirements of this subdivision, adopt by-laws

specifying the time and manner of the election of the tenant

representatives. All residents of the authority's housing who are

eighteen years of age or older shall be eligible to vote. The authority

may provide in the by-laws whether both tenant representatives shall be

elected simultaneously for concurrent terms or one shall be elected each

year with the terms overlapping and whether both shall be elected by all

the residents or each one elected by one half of the residents. The

first election shall be held within one year after the date by which

by-laws for the election are required to be adopted. The by-laws shall

be subject to the approval of the commissioner, and if an authority

fails within the six-month period to adopt acceptable by-laws for such

election the commissioner shall specify the time and manner of the

election. Upon the taking of office of the two elected tenant members,

the size of an authority shall be increased by two members and the term

of any member appointed pursuant to this subdivision prior to January

first, nineteen hundred seventy-five shall end and a new member shall be

appointed for a term of five years. Acceptance or retention by a tenant

of membership on an authority, whether by election or by appointment,

shall not be deemed incompatible with, or a forfeiture of his tenancy.

An elected tenant representative shall cease to serve as such upon

termination of his tenancy for any reason, or upon his becoming subject

to removal from occupancy due to the operation of section one hundred

fifty-six of this chapter. Any compensation paid to an elected or

appointed tenant member for his services to an authority shall not

affect his eligibility for membership on such authority or for continued

occupancy, but may be used in the determination of his rent. Any vacancy

in the office of an elected tenant representative shall be filled as

soon as may be practical by a new election.

Scope of authority's jurisdiction. The territorial jurisdiction

of an authority established for a city or village shall be coterminous

with the territorial limits of such city or village, and the territorial

jurisdiction of an authority established for a town shall include all

such town, except that such territorial jurisdiction shall not include

any territory that lies within the boundaries of any village, whether

such village has or has not established an authority. The members of

such town authority shall if they consent and when authorized by

resolutions of the town board and the village board, act as the

authority in and for said village, the same as if it had been created

especially for said village.

Officers and employees; compensation and expenses. 1. When the

office of the first chairman of the authority becomes vacant, the

authority shall select a chairman from among its members. An authority

shall select from among its members a vice-chairman, and it may employ,

subject to the provisions of the civil service law applicable to the

municipality in which it is established, a general manager, a secretary,

technical experts and such other officers, agents and employees as it

may require, and determine their qualifications, duties and, subject to

the approval of the local legislative body, fix their compensation. An

authority may call upon the corporation counsel or chief law officer of

the municipality for such legal services as it may require and it shall

reimburse the municipality for the cost of such services, or it may

employ its own counsel and legal staff. This section shall not be

construed to prevent an authority from engaging by contract in the

execution of a project architectural, engineering or other professional

or consultant services.

2. An authority may delegate to one or more of its agents or employees

such powers or duties as it may deem proper.

3. A member of an authority may be compensated on a per diem basis at

a rate to be fixed by the authority not to exceed in the aggregate two

thousand dollars for a member and two thousand five hundred dollars for

a chairman per annum and in addition shall be entitled to the necessary

expenses including traveling expenses incurred in the discharge of his

duties.

4. Every officer, agent or employee of an authority who shall sign the

receipt upon the payroll of an authority as having received the amount

therein mentioned in full payment for services rendered by him for the

entire time specified in such payroll or, in the event no payroll

receipt is required by an authority, shall endorse a check in the amount

shown upon such payroll and receive payment thereof, shall be deemed to

have made an accord and satisfaction of all claims against the authority

for wages, salary or other compensation due to such person from the

authority for the period covered by such payroll, unless at the time of

signing such payroll or endorsing such check the person receiving such

wages or salary shall write legibly on the payroll in connection with

his receipt or on such check in connection with his endorsement that the

amount received is received under protest, and unless such protest is so

written upon such payroll or check, no recovery shall be had against the

authority upon any further claim for wages, salaries or other

compensation for the period of time covered by such payroll.

Transfer of officers and employees. Officers and employees of

any board or department in or of the municipality, selected by the

authority, who shall theretofore have passed a civil service examination

with reference to the position they then hold, may be transferred with

the consent of such board or department to the authority, and shall be

eligible for such transfer and appointment, without examination, and

their salaries or compensation shall, during the effective period of

such transfer, be paid by the authority. The officers and employees of

such municipality transferred to the authority pursuant to the

provisions of this section, who are members or beneficiaries of any

existing pension or retirement system, shall continue to have the

rights, privileges, obligations and status with respect to such system

or systems, but during the period of their employment by the authority

all contributions to any pension or retirement fund or system on account

of such officers or employees which would, except for such transfer,

have been paid by such municipality, shall be paid by the authority; and

all such employees shall have the same status with respect to their

positions after transfer to the authority as they had under their

original appointments. Any employee so transferred may be removed by the

authority in accordance with the provisions of the civil service law.

In addition to the right of reinstatement that such persons so

transferred shall have pursuant to the provisions of section thirty-one

of the civil service law under the circumstances, and in the cases

provided in said section, such person shall have the right of

reinstatement pursuant to said section not only in the service of the

authority but also in the service from which such person was

transferred.

Vacancies and removals. A vacancy occurring other than by

reason of the expiration of the term of a member of an authority shall

be filled for the unexpired term. The mayor of a city or village, or

the town board of a town, may remove a member of the authority for

inefficiency, neglect of duty, or misconduct in office, but only after

the member shall have been given a copy of the charges against him and

an opportunity to be heard in person or by counsel in his own defense at

a public hearing. In the event of removal, the mayor of a city or

village, or the town board of a town, shall file with the commissioner a

record of the proceedings together with a copy of the charges made

against the member and his or its findings thereon. Pending the

determination of charges against a member, the mayor or the town board,

as the case may be, may suspend him from office.

Non-liability of authority members. No personal liability or

accountability shall attach to any member of an authority or to any

person executing bonds of such authority by reason of the execution or

issuance thereof.

Disqualification of members and employees of authorities. No

member or employee of an authority shall acquire any interest direct or

indirect in a project or in any property then or thereafter included or

planned to be included in a project, nor retain any interest direct or

indirect in any property acquired subsequently to his appointment or

employment which is later included or to his knowledge planned to be

included in a project, nor shall he have any interest direct or indirect

in any contract or proposed contract for materials or services to be

furnished or used in connection with any project. If any member or

employee of any authority owns or controls an interest direct or

indirect in any property included in any project, which was acquired

prior to his appointment or employment, he shall disclose such interest

and the date of acquisition thereof in writing to the authority prior to

such appointment and such disclosure shall be entered upon the minutes

of the authority.

Powers of authority. 1. An authority shall have the following

powers in addition to other powers granted in this chapter: (a)

investigate into living conditions in the municipality and into the

means of improving such conditions; (b) determine where insanitary or

substandard housing conditions exist; (c) publish and disseminate

information; (d) prepare or arrange for preparation of plans for, carry

out and operate projects; (e) construct, reconstruct, improve, alter or

repair or provide for the construction, reconstruction, improvement,

alteration or repair of any project; (f) demolish structures; (g) clear

areas; (h) lease, purchase, or otherwise acquire, manage, operate all or

any part of any project, or any dwelling unit or units therein,

undertaken or completed by any government or housing company: (i) Act as

agent for or enter into contracts and otherwise cooperate with the

federal government in connection with a federal or municipal project, or

any federally-aided program to provide dwelling accommodations for

persons of low income; (j) arrange, agree or contract with a government

for the planning, replanning, opening, grading or closing of streets,

roads, roadways, alleys or other places or for the furnishing of

facilities or for the acquisition by a government of property or

property rights or for the furnishing of property or services in

connection with a project; (k) lease or rent, as lessor or sublessor,

any of the housing or other accommodations or any of the lands,

buildings, structures or facilities embraced in any project or connected

with any program to provide dwelling accommodations for persons of low

income, and establish and revise the rents or charges therefor; (l)

enter upon any building or property in order to conduct investigations

or make surveys, soundings or test borings necessary to carry out its

purposes; (m) acquire or contract to acquire from any person, firm,

corporation or government, by subsidy, contribution, gift, grant,

bequest, devise, purchase, condemnation or otherwise, real or personal

property or any interest therein or lease dwelling units from any

person, firm or corporation for sublease to persons and families of low

income; (n) sell, exchange, transfer, assign or mortgage any real or

personal property or any interest therein; (o) own, hold, clear and

improve real or personal property or any interest therein; (p) insure or

provide for the insurance of its property or operations as required by

law and also against such other risks as it may deem advisable; (q)

limit by contract, the exercise of any of its powers; (r) invest any

funds held in reserves or sinking funds, or any funds not required for

immediate disbursement in property or securities in which savings banks

may legally invest funds subject to their control; (s) sue and be sued;

(t) have a seal and alter the same at pleasure; (u) have perpetual

succession; (v) make and execute contracts and other instruments

necessary or convenient to the exercise of its powers; (w) make and from

time to time amend and repeal by-laws, rules and regulations not

inconsistent with the provisions of this chapter; (x) conduct

examinations and investigations, hear testimony and take proof, under

oath at public or private hearings on any material matter, require the

attendance of witnesses and the production of books and papers and issue

commissions for the examination of witnesses who are out of the state,

unable to attend, or excused from attendance; (y) authorize a committee

designated by it consisting of one or more members, or counsel, or any

officer or employee to conduct any such investigation or examination, in

which case such committee, counsel, officer or employee shall have power

to administer oaths, take affidavits and issue subpoenas or commissions;

and (z) enter into agreements of cooperation with or for the rendition

of service to an agency as defined in subdivision five of section five

hundred two of the general municipal law to assist such agency, at no

expense to the authority or providing for payment to the authority of

the agreed proportion of compensation or costs, in connection with the

management of properties in, relocation of displacees from, and the

demolition of buildings in any urban renewal area, in accordance with

the provisions of this chapter and, except as may be provided in such

agreements, without regard to the requirements of any law otherwise

applicable to such agency: and (aa) at no cost or expense to it, enter

into agreements of cooperation with a municipality which need not be

within the territorial jurisdiction of such authority notwithstanding

the provisions of section thirty-one or article thirteen of this

chapter, or with an authority of such municipality, to assist such

municipality or authority in the construction, maintenance, operation or

management of a project. (bb) do all things necessary or convenient to

carry out its powers.

2. An authority shall file in the office of the commissioner annual

reports, which shall be open to public inspection. The reports shall

include for the first year of ownership or operation, in addition to any

information which the commissioner may require, a statement with respect

to each completed project owned or operated by the authority, of the

following data: (a) total cost of the land; (b) cost of land per square

foot; (c) cost of building; (d) construction costs per cubic foot and

per dwelling room; (e) approximate date of completion; (f) amount of any

government loan for the project; (g) amount of any periodic subsidy for

the project; (h) average rental per room including and excluding utility

services; (i) number of apartments, full rooms and half rooms; (j) gross

floor area per room; (k) number of vacant apartments; (l) vacancy

percentage; (m) total operating expenses per annum; (n) average annual

operating costs per room; (o) annual income from rents of dwelling

units; (p) annual income from other sources; (q) assessed valuation of

property at the time of its acquisition for the project; (r) minimum,

maximum and average aggregate annual income of the families occupying

the project; (s) former population on site; (t) number of buildings

demolished on site; (u) former density on site per gross acre; (v)

present density on site per gross acre.

Each subsequent year of such continued ownership or operation, such

report shall contain, in addition to any information which the

commissioner may require, the following data: (a) amount of any

government loan for the project; (b) amount of any periodic subsidy for

the project; (c) average rental per room including and excluding utility

services; (d) number of vacant apartments; (e) vacancy percentage; (f)

total operating expenses per annum; (g) average annual operating costs

per room; (h) annual income from rents of dwelling units; (i) annual

income from other sources; (j) minimum, maximum and average aggregate

annual income of the families occupying the project.

3. An authority shall file in the office of the commissioner, within

six months of the effective date of regulations implementing this

subdivision and in such format as the commissioner shall prescribe after

consultation with the state energy office, an energy audit report for

state and municipal projects which identifies potential energy-saving

building improvements, including alterations, modifications and

adjustments to the building structure, heating, cooling, lighting and

ventilation systems; their relative costs; potential energy and cost

savings; and simple payback periods, which for the purpose of this

subdivision shall mean that period of time within which the estimated

cost of such improvements, exclusive of the cost of capital, would be

recovered from the savings generated by reduced energy consumption

resulting from the improvements. The energy audit shall be conducted by

a public utility, an engineer or architect licensed by the state, or the

managing agent or other representative of the authority if such

individual has attended an energy audit training workshop sponsored by

the commissioner or the state energy office. A copy of the energy audit

report, required herein, shall be given to any duly constituted tenant's

association or cooperator's advisory council and a copy shall be

available for inspection and copying by any individual tenant who

requests it. An authority shall also certify by March thirty-first,

nineteen hundred eighty-four that all compatible conservation measures

identified in the energy audit report which have simple payback periods

of one year or less have been implemented; provided, however, if the

commissioner determines within sixty days of the date the energy audit

report is filed that one or more of such identified conservation

measures cannot be implemented by March thirty-first, nineteen hundred

eighty-four given the projected rent revenues and any other monies

available to the authority from reserve funds, loans or grants from the

state or federal government or any other source, the implementation of

such conservation measures shall be provided for according to a schedule

prescribed by the commissioner.

4. When an authority has been paid all or part of the principal of a

state loan pursuant to this chapter and in the event that the completion

of the project for which the loan was made has been delayed or that the

funds of such loan for any other reason are not immediately needed for

the development of the project, the authority shall have the power to

invest the moneys of such loan which will not be immediately needed for

the project in obligations of the categories specified in section

ninety-eight of the state finance law and of maturities approved by the

state comptroller.

An authority shall file with the commissioner a copy of each

proposed project embodying the plans, layout, estimated costs and

proposed method of financing. Any change made in the project shall be

filed with the commissioner by the authority. With reasonable promptness

after each project shall have been completed, and from time to time

prior to completion upon request of the commissioner, an authority shall

file with the commissioner a detailed statement of the cost thereof.

Upon receipt of a copy of a proposed state project, or of any proposed

change therein, the commissioner may transmit his criticisms and

suggestions with reasonable promptness to the authority or the

municipality. No change in a state project may be made by an authority

or a municipality without the approval of the commissioner.

Projects financed solely by authorities. An authority may

undertake projects with funds obtained solely from sale of its bonds to

persons, firms or corporations other than governments, provided that the

municipality approves such projects in the manner provided for approval

of projects involving municipal aid.

Aid from and cooperation with federal government. An authority

is empowered to include in agreements with the federal government

provisions that such government shall have the right to supervise and

approve the construction, maintenance and operation of any project to

which such government may render any assistance, and subject to the

restrictions contained in this chapter, any other terms, covenants and

provisions which the authority may deem necessary or appropriate.

Power to issue authority bonds. 1. An authority may from time

to time for any of the purposes of this chapter borrow money and issue

bonds in conformity with applicable provisions of the uniform commercial

code in such amounts and upon such terms as it may deem advisable. Bonds

for state projects and for projects, other than federal projects,

financed without a loan from a government may be issued for periods not

exceeding fifty years and for a period not exceeding the probable life

of the project which said period shall be calculated from the date of

the bonds. Bonds for projects financed with the aid of municipal loans

may be issued for periods not exceeding the probable life of the

project. Bonds for federal projects may be issued for a period not

exceeding sixty years. An authority shall also have power to issue

refunding bonds for the purpose of paying or retiring bonds previously

issued by it but no such refunding bonds shall mature later than the

expiration of the maximum period permitted by this subdivision at the

time of the issuance of the bonds to be refunded for the project for

which such bonds were issued. Such period shall be construed to

commence from the date of issuance of the bonds to be refunded.

2. An authority is authorized to issue, whenever it may deem it

necessary so to do, notes in conformity with applicable provisions of

the uniform commercial code without limitation as to the rate or rates

of interest in anticipation of the sale of bonds of which a government

shall have agreed to purchase at least eighty per centum or which shall

have been authorized at the time such notes are issued or in

anticipation of a loan which a government shall have agreed to make to

the authority. Such notes shall mature within a period not to exceed one

year from the date of their issue but may be made subject to the right

of earlier payment. The proceeds of the sale of such notes shall be used

only for the purposes for which may be used the proceeds of the sale of

bonds or of the loan in anticipation of which the notes were issued. Any

such notes may be renewed or may be refunded through the sale of similar

notes but no such renewal or refunding notes shall be issued after the

sale of bonds. Such notes, renewal notes or refunding notes shall, with

the interest thereon, if any, be paid from funds made available by a

government pursuant to agreement for the purchase of bonds or the making

of a loan, or from the proceeds of the sale of the bonds in anticipation

of the sale of which the notes were issued or, in the event of the sale

of the project with respect to which such notes were issued, from the

purchase price paid to the authority by the purchaser of such project.

Such notes, renewal notes or refunding notes shall mature within a

period not to exceed one year beyond the maturity date of the last

maturing notes outstanding on the date when the authority or, in the

case of state projects, the commissioner, makes the determination that

the project has been completed and that the project cost has been

finally determined, which determination shall be conclusive in any suit,

action or proceeding upon such notes, renewal notes or refunding notes.

The total amount of such notes or renewals thereof issued and

outstanding shall at no time exceed the total amount of bonds of which a

government shall have agreed to purchase at least eighty per centum or

which shall have been authorized to be issued or the total amount of the

loan which a government shall have agreed to make to the authority. The

foregoing limitations upon the time of payment of notes shall not at any

time apply to notes or other obligations which may be issued by an

authority to a government in anticipation of the sale of bonds of which

such government shall have agreed to purchase at least eighty per centum

or in anticipation of a loan which such government shall have agreed to

make to the authority. Except as in this section expressly provided, an

authority shall, in addition to its other powers, have the same powers

in connection with the issuance and securing the payments of its notes

as it has in connection with the issuance and securing payment of its

bonds.

2-a. In connection with a federal project, an authority may,

notwithstanding anything to the contrary contained in subdivision two of

this setcion, issue notes or renewal or refunding notes in conformity

with applicable provisions of the uniform commercial code after the sale

of bonds for such project and without regard to the limitations as to

time of issuance or payment set forth in such subdivision, provided: (a)

the total amount of such notes or renewal or refunding notes issued and

outstanding shall at no time exceed the difference between the estimated

project cost if issued prior to the date of physical completion of the

project or the project cost if issued thereafter and the principal

amount of the bonds theretofore issued for such project; and (b) such

notes or renewal or refunding notes are secured by an agreement between

the authority and the federal government or any agency on

instrumentality thereof pursuant to which the authority agrees to borrow

from such government or agency or instrumentality thereof, and such

government or agency or instrumentality thereof agrees to lend to the

authority at or prior to the maturity of such notes, monies in an amount

which (together with any other monies irrevocably committed to the

payment of principal of or interest on such notes) will be sufficient to

pay the principal of such notes with interest thereon to maturity, which

monies under the terms of such agreement are required to be used by the

authority for the purpose of paying the principal of and interest on

such notes at their maturity. Every note issued in connection with a

federal project which is not refunded and any renewals thereof and every

refunding note and any renewals thereof shall, with the interest

thereon, if any, be paid either from funds made available by the federal

government or agency or instrumentality thereof pursuant to an agreement

for the purchase of bonds or the making of a loan or the payment of

annual contributions, or from the proceeds of the sale of the bonds in

anticipation of the sale of which the notes were issued.

3. The authority may issue its interim certificates, or other

temporary obligations, in conformity with applicable provisions of the

uniform commercial code, to the purchaser of bonds pending the

authorization, preparation, execution or delivery of definitive bonds.

Such interim certificates, or other temporary obligations, shall be in

such form, contain such terms, conditions and provisions, bear such date

or dates, and evidence such agreements relating to their discharge or

payment or the delivery of definitive bonds as the authority may by

resolution determine.

4. Notwithstanding anything to the contrary contained in subdivision

two of this section respecting limitations upon the time of payment of

notes, renewal notes or refunding notes, such notes may be issued during

the period that negotiations for the sale of a project pursuant to the

provisions of the public housing law or the private housing finance law

are pending, but such notes shall not be renewed or refunded beyond the

maturity date of the last maturing notes outstanding on the date of

transfer of title to such project by the authority to the purchaser.

Negotiations for the sale of a project shall be deemed to be pending if

the authority shall have adopted a resolution determining that the

negotiations for the sale of such project are pending. If the

negotiations for such sale are thereafter abandoned, such notes, renewal

notes or refunding notes shall mature within a period not to exceed one

year beyond the maturity date of the last maturing notes outstanding on

the date determined by resolution adopted by the authority as the date

when negotiations for the sale of the project were abandoned, or within

a period not to exceed one year beyond the maturity date of the last

maturing notes outstanding on the date when the determination is made

pursuant to subdivision two of this section that the project has been

completed and that the project cost has been finally determined,

whichever period is longer.

Provisions of authority bonds. Bonds of an authority shall be

authorized by its resolution and may be issued singly or in one or more

series, and shall bear such date or dates, mature at such time or times,

bear interest at such rate or rates, without limitation, be in such

denomination or denominations, interchangeable or otherwise, be in such

form, either coupon or registered, carry such conversion or registration

privileges, have such rank or priority, be executed in such manner, with

or without authentication, and be subject to such terms of redemption

with or without premium, and be secured in such manner, as such

resolution may provide. The bonds may be sold by the authority at public

or private sale at such price or prices as the authority may determine.

Signature on authority bonds. In case any of the members or

officers of the authority whose signatures appear on any bonds or

coupons shall cease to be such members or officers before the delivery

of such bonds, such signatures shall, nevertheless, be valid and

sufficient for all purposes, the same as if they had remained in office

until such delivery.

Repurchase of authority bonds. An authority shall have power to

purchase any bonds issued by it for the purpose of retirement or

investment. An authority shall not purchase such bonds at a price in

excess of the face value thereof plus a premium of four per centum. All

bonds purchased for the purpose of retirement shall be cancelled.

Suit on authority bonds. In any suit, action or proceeding upon

any bond of an authority or the security therefor, any such bond

reciting in substance that it has been issued by the authority to aid in

financing a project to provide dwelling accommodations for persons of

low income pursuant to the procedure required in this chapter shall be

conclusively deemed to have been issued for a project of such character

and pursuant to such procedure.

Bond covenants of an authority. 1. In connection with the

issuance of bonds or the incurring of an obligation, and to secure the

payment of such bonds or obligations, an authority, in addition to its

other powers, may: (a) Pledge, covenant to pledge, or covenant against

pledging, all or any part of its rents, fees, revenues, subsidies,

grants or contributions to which its right then exists or may thereafter

come into existence; covenant against permitting or suffering any lien

thereon; it is the intention hereof that any pledge of revenues or other

moneys made by the authority shall be valid and binding from the time

when the pledge is made, that revenues or other moneys so pledged and

thereafter received by an authority shall immediately be subject to the

lien of such pledge without any physical delivery thereof or further act

and that the lien of any such pledge shall be valid and binding as

against all parties having claims of any kind in tort, contract or

otherwise against the authority, irrespective of whether such parties

have notice thereof;

(b) Mortgage, covenant to mortgage or covenant against mortgaging, all

or any part of its property, real or personal, then owned or thereafter

acquired; covenant against permitting or suffering any lien thereon;

(c) Covenant with respect to limitations on its right to sell, lease,

or otherwise dispose of any project or part thereof;

(d) Covenant as to the bonds to be issued and as to the issuance of

such bonds in escrow or otherwise, and as to the use and disposition of

the proceeds thereof; provide for the replacement of lost, destroyed or

mutilated bonds;

(e) Covenant as to what other, or additional debts may be incurred by

it;

(f) Covenant that the authority warrants the title to the premises;

(g) Covenant as to the rents and fees to be charged, the amount to be

raised each year or other period of time by rents, fees and other

revenues, and as to the use and disposition to be made thereof;

(h) Covenant as to the use of any or all of its property, real or

personal;

(i) Create or authorize the creation of special funds segregating (1)

the proceeds of any loans, grants, subsidies or contributions; (2) all

the rents, fees and revenues of any project or projects; (3) any moneys

held for the payment of the costs of operation and maintenance of

projects, or as a reserve for the meeting of contingencies in the

operation and maintenance thereof; (4) any moneys held for the payment

of the principal of and interest on its bonds or the sums due under its

leases or as a reserve for such payments; and (5) any moneys held for

any other reserves or contingencies; and covenant as to the use and

disposal of the moneys held in such funds;

(j) Redeem the bonds and covenant for their redemption, and provide

the terms and conditions thereof;

(k) Covenant against extending the time for the payment of its bonds

or interest thereon;

(l) Prescribe the procedure, if any, by which the terms of any

contract with bondholders may be amended or abrogated, the amount of

bonds the holders of which must consent thereto, and the manner in which

such consent may be given;

(m) Covenant as to the maintenance of its property, the replacement

thereof, the insurance to be carried thereon, and the use and

disposition of insurance moneys;

(n) Vest in an obligee, in the event of a default by an authority, the

right to cure any such default and to advance any moneys necessary for

such purpose, and covenant that the money so advanced be an additional

obligation of such authority with such interest, security and priority

as may be provided in any resolutions, trust indenture, mortgage, lease

or contract;

(o) Covenant and prescribe as to the events of default and terms and

conditions upon which any or all of its bonds shall become or may be

declared due before maturity, and as to the terms and conditions upon

which such declaration and its consequences may be waived;

(p) Covenant as to the rights, liabilities, powers and duties arising

upon the breach by it of any covenant, condition or obligation;

(q) Covenant to surrender possession of a project or projects or parts

thereof upon the happening of an event of default; and vest in an

obligee the right, upon such default, without judicial proceedings, to

take possession and use, operate, manage, and control such projects or

any part thereof, and to collect and receive rents, fees and revenues

arising therefrom in the same manner as such authority itself might do,

and to dispose of the moneys collected in accordance with the agreement

of such obligee with the authority;

(r) Vest in a trustee or trustees the right to enforce any covenant to

secure, or pay the bonds, or otherwise relating to such bonds; provide

for the powers, duties and limitations of liabilities of such trustee or

trustees, and provide the terms and conditions upon which the trustee or

trustees, or the holders of bonds, or any proportion of them, may

enforce any such covenant;

(s) Vest in a government, in a trustee or in other obligee the right,

upon any happening of an event of default, to foreclose through judicial

proceedings or through the exercise of a power of sale without judicial

proceedings, any mortgage as to all or such part or parts of the

property covered thereby as such government, trustee or other obligee

shall elect; the institution, prosecution and conclusion of any such

foreclosure proceedings or the sale of any such parts of the mortgaged

property shall not affect in any manner or to any extent the lien of the

mortgage on the parts of the mortgaged property not included in such

proceedings or not sold as aforesaid;

(t) Make such other covenants and do any and all such acts and things

as may be necessary or convenient or desirable in order to secure its

bonds or make them more marketable, notwithstanding that such covenants,

acts or things may not be enumerated herein; execute all instruments

necessary or convenient in the exercise of the powers herein granted, or

in the performance of its covenants or duties, which may contain such

covenants and provisions, in addition to those above specified, as the

government or any purchaser of the bonds of an authority may require.

2. In case of conflict between this section and article nine of the

uniform commercial code, this section shall control.

Guaranteed indebtedness of an authority. An authority may

contract indebtedness and authorize and issue bonds guaranteed by a

municipality as to principal and interest, or only as to the interest.

Authority obligations as legal investments and legal security

for deposits by public officers. The state, its subdivisions,

municipalities, and all other public bodies, and all public officers,

all banks, bankers, trust companies, savings banks and institutions,

building and loan associations, saving and loan associations, investment

companies and other persons carrying on a banking business, all

insurance companies, insurance associations and other persons carrying

on an insurance business, and all executors, administrators, guardians,

trustees and other fiduciaries may legally invest funds belonging to

them or within their control in: (a) any bonds, notes and other

obligations of an authority when they are (1) secured by a pledge of the

revenues of a project, and additionally secured by a pledge of periodic

subsidies or of annual contributions to be paid to an authority by a

government, or (2) secured by a first mortgage lien not exceeding

sixty-six and two-thirds per centum of the value of the property covered

thereby, or (3) secured by an agreement between the authority and a

government pursuant to which the authority agrees to borrow from the

government, and the government agrees to lend to the authority prior to

the maturity of such bonds, notes or other obligations of the authority,

monies in an amount which (together with any other monies irrevocably

committed to the payment of principal of or interest on such bonds,

notes or other obligations) will be sufficient to pay the principal of

such bonds, notes or other obligations with interest thereon to

maturity, which monies under the terms of such agreement are required to

be used by the authority for the purpose of paying the principal of and

interest on such bonds, notes or other obligations at their maturity, or

(4) guaranteed by a municipality as to principal and interest; (b) any

notes issued pursuant to and in conformity with the provisions of

subdivision two of section forty-one of this chapter under a contract

with the state containing a covenant for the payment of periodic

subsidies as provided in subdivision (b) of section seventy-six-a of

this chapter; or (c) any bonds, notes and other obligations issued by

any public housing authority or agency in the United States or in the

commonwealth of Puerto Rico when such bonds, notes or other obligations

are secured by a pledge of the revenues of the housing project or

projects for which the bonds, notes or other obligations are issued, and

additionally secured by a pledge of annual contributions to be paid by

the United States government or any agency thereof. Such bonds, notes

and other obligations issued by an authority pursuant to this chapter

are also hereby made securities which may be deposited with and shall be

received by all public officers and bodies of this state and all

municipalities, governments, and public corporations of this state, for

any purpose for which the deposit of bonds or other obligations of this

state is now or may be hereafter authorized or required.

Foreclosure and other remedies against an authority. 1. In an

action or proceeding to foreclose a mortgage on property of an

authority, the authority and the municipality, in addition to all other

necessary parties, shall be made parties defendant and shall take such

steps in said action as may be necessary to protect the public interest

therein and no costs shall be awarded against them. Wherever under the

instrument creating a lien a notice of default in writing is required to

be served upon an authority before the institution of a foreclosure

action or proceeding, a copy of such notice shall be served upon the

municipality at least five days before the institution of such

proceedings. At such a sale of the property of the authority pursuant to

foreclosure or other proceedings, the municipality may purchase the

property affected; or, it may, prior to the institution of a foreclosure

action or proceeding, or during such action or proceeding, make such

payment or take such other steps as may be necessary to cure any

defaults that may have occurred and such steps as may be necessary to

protect the property of an authority and the public interest.

2. In addition to any other rights and remedies, but subject to such

limitations as may be made by contract, any obligee, lessor or

mortgagee, or any trustee or agent designated in the bonds of an

authority or under a resolution, mortgage or indenture executed by an

authority as security for its bonds may:

(a) by mandamus or other suit, action or proceeding at law or in

equity compel the authority to perform each and every term, provision

and covenant contained in any agreement of the authority with an

obligee, trustee, mortgagee or lessor and require the performance of any

or all such covenants and agreements of the authority and of the duties

imposed upon the authority by this article;

(b) by action or suit in equity, enjoin any acts or things which may

be unlawful or in violation of the rights of such obligee, trustee,

mortgagee or lessor;

(c) by suit, action or proceeding in any court of competent

jurisdiction compel possession of any project or any part thereof to be

surrendered to such obligee, trustee, mortgagee, agent or lessor having

the right to such possession under any agreement with the authority;

(d) by suit, action or proceeding in any court of competent

jurisdiction obtain the appointment of a receiver of any project of the

authority or any part thereof and of the rents and profits therefrom. If

such receiver be appointed, he may enter and take possession of such

project or any part or parts thereof and operate and maintain the same,

and collect and receive all fees, rents, revenues, or other charges

thereafter arising therefrom in the same manner as the authority itself

might do, and shall keep such moneys in a separate account or accounts

and apply the same in accordance with the obligations of the authority

as the court shall direct;

(e) by action or suit in equity require an authority to account as if

it were the trustee of an express trust.

Liability of state or municipality. 1. The bonds or other

obligations of an authority shall not be a debt of the state or the

municipality and neither the state nor the municipality shall be liable

thereon nor shall an authority have power in any way to pledge the

credit of the state or the municipality, nor shall the transfer from the

authority to the municipality or the vesting in the municipality of

property theretofore belonging to an authority impose upon the

municipality any obligations except such as it may expressly assume. The

foregoing provisions shall not apply in the event of a guaranty by a

municipality of the bonds or obligations of an authority.

2. Notwithstanding the provisions of the foregoing paragraph, a

municipality shall be liable for the repayment of any loans and interest

thereon made by the state to an authority, acting as an instrumentality

of such municipality.

Tax exemptions of an authority. 1. An authority shall be exempt

from the payment of (a) any taxes or fees to the state or any

subdivision thereof and (b) any fees to any officer or employee of the

state or of any subdivision thereof, except where it is provided by or

pursuant to law that such officer or employee is personally entitled to

such fees as compensation for services rendered or performed by him in

his official capacity.

2. Bonds, mortgages, notes and other obligations of an authority are

declared to be issued for a public purpose and to be public

instrumentalities and together with interest thereon, shall be exempt

from tax.

2-a. The state of New York hereby consents to the inclusion, under the

United States internal revenue code of nineteen hundred fifty-four or

any subsequent internal revenue law of the United States of the interest

payable on bonds, mortgages, notes or other obligations of an authority

which are hereafter issued and secured (1) by a mortgage which is

insured under section two hundred twenty-one (d) (3) of the national

housing act (or any successor section under said act or any subsequent

housing act) by an authority as mortgagor in connection with the

financing of a project assisted under section eight of the United States

housing act of nineteen hundred thirty-seven, or (2) by a pledge of

housing assistance payments made or to be made under a contract or

contracts between an authority and the United States or any agency or

instrumentality thereof, in the gross income of the person who receives

or is entitled to receive such interest to the same extent and in the

same manner that the interest on bills, notes, bonds or other

obligations of the United States issued subsequent to the effective date

of section four of the public debt act of nineteen hundred forty-one is

includible in the gross income of the holder or holders thereof under

said internal revenue code or any subsequent internal revenue law of the

United States and, notwithstanding any provisions to the contrary

contained in this chapter or in any general, special or local law, an

authority is authorized and empowered to issue such bonds, mortgages,

notes or other obligations and shall include therein such reference to

or summary of this subdivision as it shall deem proper. The consent

hereby given by the state of New York shall not be construed to consent

to the application of any other provision of any other law, federal or

state, to an authority or to the elimination or modification in any way

of any other exemption, privilege, or immunity thereof.

3. Except as to state projects, the property of an authority shall be

exempt from all local and municipal taxes. A federal or municipal

project consisting of land and one or more multiple dwellings leased by

an authority for a term of not less than ten years shall be exempt from

such taxes during the period of such lease. A municipality may (a) fix a

sum which shall be paid to it annually by the authority in respect of

each project; or (b) agree that the authority shall not pay or be liable

to pay any sum whatsoever in respect of a project or projects for any

year or years; or (c) agree with an authority or government upon the sum

to be paid by the authority for any year or years in respect of a

project or projects, or accept or agree to accept a fixed sum or other

consideration in lieu of such payment; provided, however, that the sum

fixed, or agreed to be paid by the authority, for any year shall in no

case exceed the sum last levied as an annual tax upon the property

included in such project prior to the time of its acquisition by the

authority; and provided, further, that the sum fixed, or agreed to be

paid by the authority, for any year with respect to a federal project

shall in no case exceed the sum last levied as an annual tax upon the

property included in such project prior to the time of its acquisition

by the authority or such greater amount as the federal government may

permit.

3-a. With respect to a federal project located within a school

district, an authority may make payments to such district, and the

authority and the district may enter into agreements with respect to

such payments. Such payments shall not exceed the amounts permitted for

such purposes by the federal government. The power granted by this

subdivision shall be in addition to any other power granted in this

section or any other provision of law.

4. (a) So much of the value of the property included in a state

project as represents an increase over the assessed valuation of the

real property, both land and improvements, on the date of the contract

for a state loan, or, in the absence of a contract for a state loan,

then on the date of the contract for a state subsidy, shall be exempt

from any and all state, county, city, village, town, school and special

district taxes, except that the assessed valuation may be increased or

decreased to reflect a change in the level of assessment as certified

pursuant to title two of article twelve of the real property tax law. In

no event may any assessing unit assess the property included in a

project at an amount in excess of the actual cost of the project.

(b) In any assessing unit in which there has been a change in level of

assessment as provided in title two of article twelve of the real

property tax law, the commissioner of taxation and finance shall certify

the change in level of assessment factor in the manner provided in title

two of article twelve of the real property tax law. The term "assessing

unit" as used in this subdivision means a city, town, village or county

having a county department of assessment with the power to assess real

property.

5. The tax exemptions specified in subdivisions three and four of this

section shall not operate for a period of more than fifty years,

commencing in each instance from the date on which the benefits of such

exemption first become available and effective, except that in the case

of a federal project the tax exemption may operate for a period not to

exceed sixty years, and except that in the case of a project, or part

thereof, leased from a housing company or in the case of a federal or

municipal project consisting of land and one or more multiple dwellings

leased by an authority for not less than ten years the tax exemption may

operate for a period not exceeding the term of such lease.

6. Upon the completion of the sixty-year period provided in

subdivision five of this section applicable to federal projects, each

authority that was eligible for the tax exemption specified in

subdivisions three and four of this section shall be exempt from all

local and municipal taxes imposed by state and local governments for

sixty years after the expiration of the initial exemption period. Upon

the completion of the fifty-year period provided in subdivision five of

this section applicable to state and municipal projects, each authority

that received the tax exemption specified in subdivision three or four

of this section may, on the expiration of the tax exemption period, be

granted an additional tax exemption period of up to fifty years. A

municipality may (a) fix a sum which shall be paid to it annually by the

authority in respect of each project; or (b) agree that the authority

shall not pay or be liable to pay any sum whatsoever in respect of a

project or projects for any year or years; or (c) agree with an

authority or government upon the sum to be paid by the authority for any

year or years in respect of a project or projects, or accept or agree to

accept a fixed sum or other consideration in lieu of such payment;

provided, however, that the sum fixed, or agreed to be paid by the

authority, for any year shall in no case exceed the sum last levied as

an annual tax upon the property included in such project prior to the

time of its acquisition by the authority or, in the case of a federal

project, such greater amount as the federal government may permit.

With respect to a federal project located within a school district, an

authority may make payments to such district, and the authority and the

district may enter into agreements with respect to such payments. Such

payments shall not exceed the amounts permitted for such purposes by the

federal government. The power granted by this subdivision shall be in

addition to any other power granted in this section or any other

provision of law.

Depositories of authority funds. In order to protect funds

deposited by an authority all banks, bankers, trust companies or other

persons carrying on a banking business, organized under the laws of the

state, are authorized to give to the authority an undertaking with such

sureties as shall be approved by the authority, faithfully to keep and

pay over upon the order of the authority any such deposits and agreed

interest thereon, or in lieu of said sureties, to deposit as collateral

such securities and in such amounts as may be agreed upon with the

authority pursuant to a collateral deposit agreement in form and terms

satisfactory to the authority. The collateral to be deposited shall

consist of securities in which savings banks may legally invest funds

within their control.

Filing by authority of by-laws, rules and regulations. 1. An

authority shall file with the commissioner a copy of any by-laws, rules

and regulations and amendments thereto adopted by it from time to time,

which shall become effective upon approval by the commissioner;

provided, however, that if the commissioner shall fail to approve or

disapprove such proposed by-laws, rules and regulations and amendments

within three months after such filing, such by-laws, rules and

regulations and amendments shall become effective upon the expiration of

such three-month period.

2. All rules and regulations, and amendments thereto, adopted by an

authority from time to time, except such as relate to its organization

or internal management, shall be filed in the office of the department

of state.

Projects undertaken by municipalities. Any municipality may

undertake one or more projects, and for that purpose, any such

municipality is hereby given the rights, powers and privileges and shall

be subject to the duties and obligations granted to or imposed upon

authorities with respect to projects by the provisions of this chapter.

The municipality, however, shall be subject to the provisions of the

local finance law, except as otherwise provided in section 20.00 of such

law.

Facilities incidental or appurtenant to a project.

In addition to any other lawful method for the provision by an

authority of facilities incidental or appurtenant to a project, a

municipality may in connection with any project of an authority, upon

approval by the local legislative body, contract with an authority for

the preparation of plans and construction by the authority for the

municipality, as part of a combined occupancy structure, of a social,

recreational, health, educational, or other non-housing facility or

facilities deemed by the municipality and the authority to be incidental

or appurtenant to such project, including material and equipment

customarily provided in connection with such facility and required for

the operation thereof, and for the conveyance, grant or surrender in fee

of its interest in the facility or facilities by the authority to the

municipality upon reimbursement of the authority by the municipality for

all costs incurred by the authority for development of the facility

during construction or upon conveyance thereof. The authority and the

municipality may provide for, grant and reserve such easements, space

rights and air rights as they may deem necessary to effectuate the

project and complete the facility. The cost of any such non-housing

facility or facilities to be built by the authority for the

municipality, which cost is to be reimbursed by the municipality to the

authority, shall not be included in project cost for the purpose of

determining the amount of periodic subsidies, if any, to be paid by the

state for the project pursuant to section seventy-three of this chapter.

Notwithstanding the provisions of any other general, special or local

law to the contrary, such contract may provide that the authority shall

have sole charge and control over the plans and specifications for and

the construction and supervision during construction of such facility or

facilities; provided that the plans and specifications for and the

construction of the project and the non-housing facility or facilities

shall be subject to approval of the agency or agencies of the state and

municipality having jurisdiction thereof as provided by law. The

authority shall in constructing such facility or facilities comply with

the requirements of this chapter. As used in this section "combined

occupancy structure" shall mean any improvement on real property

including fee interests, easements, space rights or air rights,

containing a non-housing facility or facilities in combination with the

residential portion of a project and intended to increase from both a

planning and economic viewpoint the effective utilization of available

land areas. A combined occupancy structure shall also include a

structure in a project or development under the auspices of the

authority wherein housing portions of structures placed upon the overall

site are not built in space rights over the non-housing portion, so long

as some part of the housing portion is constructed over the non-housing

portion. The foregoing authorization shall be in addition to any

existing powers of an authority or municipality under this chapter, and

is not intended to nor shall it impair any existing powers of an

authority pursuant to this chapter to provide non-housing facilities

deemed incidental or appurtenant to a project, and to operate such

facilities or lease the same to a municipality or agency thereof, public

or non-profit body, or other person or corporation, for such operation

or use.

Authorities created prior to the enactment of this chapter. Any

authority created prior to the enactment of this chapter pursuant to the

provisions of the municipal housing authorities law shall continue, as

now constituted, in existence as an authority under the provisions of

this chapter.

Dissolution of authorities. An authority or the municipality

may apply to the supreme court in any county in which the municipality

or any part thereof is located, for an order dissolving the authority.

The court thereupon shall hold a hearing in open court after such notice

of hearing as the court may require. Upon a showing to the satisfaction

of the court that provision has been made for the payment or

satisfaction of all of the outstanding obligations of the authority and

for the necessary expenses for the liquidation thereof, the court may

order that the authority be dissolved. Upon such dissolution the

property of the authority shall be and become the property of the

municipality.

Sale or lease of municipal projects by authorities. 1. An

authority, subject to the approval of the local legislative body of the

municipality in which such authority has territorial jurisdiction, may

sell or lease any municipal project of such authority to any corporation

created pursuant to article two of the private housing finance law on a

co-operative basis, and an authority may enter into a contract for the

sale of or sell or lease a municipal project to such a corporation

either prior to, at the date of, or subsequent to the physical

completion of such project and, in the event of a sale or lease of any

such project prior to the physical completion thereof, the authority may

agree to complete and may complete construction and development of such

project. No such corporation to which such a municipal project is sold

or leased as provided in this section shall pay a dividend on any of its

stock or pay interest on any of its income debentures.

2. Any sale or lease of a municipal project by an authority pursuant

to subdivision one of this section may be made without public bidding,

public sale or public offering pursuant to such negotiated contract,

agreement or lease, containing such provisions, limitations,

requirements, terms and conditions, as the authority selling or leasing

such project, in its discretion, may determine to be necessary or

desirable; provided, that, in the event of a sale of a municipal

project, the purchase price to be paid to the authority on or prior to

date of transfer of title to such project by the authority, or upon the

physical completion of such project, shall not be less than the amount

required by the authority to pay and retire, or to make provision for

the payment and retirement of, all bonds, notes and other obligations

issued by the authority to finance the project cost, and to pay or make

provision for the payment of all obligations incurred or to be incurred

by the authority as part of the project cost.

3. Notwithstanding the provisions of section thirty-three of article

two of the private housing finance law, the real property in a municipal

project sold or leased as provided in subdivision one of this section,

when the transfer thereunder becomes effective, shall be exempt from

local and municipal taxes, other than assessments for local

improvements, to such extent as may be granted by the local legislative

body of any municipality in which such project is located; provided,

however, that any corporation to which such project is so sold or leased

shall pay to each municipality in which a project is located, with

respect to each such project, local and municipal taxes in amounts not

less than the sum or sums contracted to be paid by the authority as a

payment in lieu of taxes with respect to such project and which the

authority would be obligated to pay to the municipality had it not sold

or leased the project to such a corporation. The tax exemption shall

operate and continue so long as capital loans of the corporation to

which such project shall have been sold or leased are outstanding, but

in no event shall such exemption for a municipal project located outside

a city of one million or more persons continue for a period of more than

thirty years, commencing in each instance from the date on which the

benefits of such exemption became available to and effective for such

corporation.

Notes, bonds, mortgages and other obligations of such a corporation

are declared to be issued for a public purpose and to be public

instrumentalities and, together with interest thereon, shall be exempt

from tax.

4. The provisions of section thirteen of article two of the private

housing finance law requiring the approval by the commissioner of

housing of the persons incorporating a limited-profit housing company

and the provisions of section fourteen of article two of the private

housing finance law requiring the consent of the commissioner of housing

to the filing of the certificate of incorporation of such a company in

the office of the secretary of state and the amendment thereof shall not

apply to a corporation created pursuant to article two of the private

housing finance law on a cooperative basis for the purchase or lease of

a municipal project pursuant to this section; nor shall any of the

provisions of article two of the private housing finance law conferring

upon the commissioner of housing any powers in respect of limited-profit

housing companies apply to such a corporation. The application of this

subdivision shall be limited to corporations undertaking a project with

the aid of a municipal loan under article two of the private housing

finance law.

5. Any project that received a tax exemption under this section may,

upon the expiration of the tax exemption period, be granted an

additional tax exemption period of up to fifty years, or until such time

as the project is no longer operated under the restrictions and for the

purposes set forth in this article, whichever is sooner.

Sale of dwelling units by authorities. 1. Subject to the

approval of the commissioner in the case of a state project, the federal

government in the case of a federal project or in the case of dwelling

units leased by an authority pursuant to the provisions of section

twenty-three of the United States housing act of nineteen hundred

thirty-seven, as amended, and thereafter purchased by the authority, and

the local legislative body in the case of a municipal project, an

authority may sell a dwelling unit which is suitable by reason of its

detached or semi-detached construction to the tenant in occupancy

thereof, provided that such tenant is a family of low income whose

annual income is within the income limits for admission to

limited-profit housing in the municipality under article two of the

private housing finance law.

2. Any sale by an authority pursuant to paragraph one of this section

may be made pursuant to such negotiated contract, agreement or lease,

containing such provisions, limitations, requirements, terms and

conditions as the authority in its discretion may determine to be

necessary or desirable, including a covenant by the purchaser that

before offering such dwelling unit for sale within a period of time to

be specified in such covenant the purchaser shall first offer the

dwelling unit to the authority at a price not greater than the purchase

price paid therefor by the purchaser; provided that the purchase price

to be paid to the authority shall not be less than the amount required

by the authority to pay or make provision for the payment of all

outstanding obligations of the authority with respect to such dwelling

unit, as determined by the authority.

Sale or lease of project in connection with federal program of

assistance for low income housing. In order to obtain for a project or

portion thereof the benefits of any federal program of assistance for

housing of persons and families of low income, an authority, other than

an authority in a city with a population of more than one million, may,

subject to the approval of the commissioner and the local legislative

body, contract to sell or lease, and sell or lease, the project or

portion thereof upon such terms and conditions as it deems appropriate.

The commissioner shall not approve the transaction unless he makes a

finding that: (a) the federal assistance available upon the sale or

lease will enable the project to provide decent, safe and sanitary

housing within the financial reach of persons and families of low

income; and (b) sufficient provision has been made to pay or otherwise

assure the payment or retirement of all bonds, notes and other

obligations issued to finance the project or portion thereof. In

connection with such transaction, the authority, the municipality, the

commissioner, the attorney general, and the comptroller, may take all

necessary and appropriate actions, including the modification or

termination of any applicable loan and subsidy agreement. The power

granted by this section shall be in addition to any other power granted

to an authority by any other provision of this chapter or any other law.

Disposal of records. 1. Notwithstanding the provisions of any

general, special or local law, any municipal housing authority or

officer or employee thereof is hereby empowered to destroy, sell or

otherwise dispose of any book, paper, map, photograph, microphotograph

or other record regardless of its physical form or characteristic, which

has been made, acquired, or received or is now in its custody and which

the authority determines no longer has sufficient administrative, legal,

fiscal, research or historical value to warrant its continued retention

and preservation, provided the authority authorizes such destruction,

sale, or other disposition.

2. The provisions of this section shall not apply to the following

records of municipal housing authorities unless copies for retention are

reproduced as provided in section sixty of this chapter:

(a) The official copy of the minutes of any municipal housing

authority including appendices and attachments thereto.

(b) The official copy of any annual report of any municipal housing

authority to the commissioner.

(c) Records which have not been retained for such period of time as

may be required:

(1) by the federal government or any of its agencies;

(2) by rules and regulations of the state comptroller;

(3) by rules and regulations of the commissioner.

Reproduction of records. Any municipal housing authority may

cause any paper, document or other record kept or recorded by it to be

recorded, copied or reproduced by any photographic, photostatic,

microfilm, microcard, miniature photographic or other process which

accurately reproduces or forms a durable medium for so reproducing the

original. Such reproduction, when satisfactorily identified, shall be

deemed to be an original for all purposes and is as admissible in

evidence as the original itself in any judicial or administrative

proceeding, and an enlargement or facsimile of such reproduction is

likewise admissible in evidence if the original reproduction is in

existence and available for inspection under direction of the court.

Tenant meetings in common areas. Any group, committee, or other

organization comprised of tenants residing in housing authority

developments conducting a meeting authorized pursuant to section two

hundred thirty of the real property law shall have the right to meet

without being required to pay a fee in any area owned by such authority

which is devoted to the common use of all tenants. Such areas shall

include but not be limited to a community or social room where use is

normally subject to a fee, provided, however, that such meeting is

conducted in a peaceful manner, at reasonable hours and without

obstructing access to the premises or facilities. Five days' prior

written notice of such a meeting must be given to the management office

of the project development. If such common area is unavailable on the

requested day, the management office must provide the group, committee

or other organization comprised of tenants with any times that the

common area will be available during a fourteen-day period commencing on

the fifth day after written notice was given to the management office.

State loans. The commissioner may, in the name of the state,

enter into contracts for loans to an authority or a municipality for one

or more projects, though a project has received or will receive aid from

any other source, except the federal government. All such contracts

shall be subject to approval by the state comptroller, and by the

attorney-general as to form. Any such loan shall be in such amount as

the commissioner, in his discretion, may deem necessary to insure the

completion, availability for lawful occupancy and use of the project. No

loan shall be made in an amount greater than the project cost, plus

working capital in an amount not to exceed two per centum of the project

cost or one hundred thousand dollars, whichever is less, nor until the

municipal comptroller and local legislative body have attached their

separate approvals to the loan contract. The commissioner may make

temporary loans or advances to a housing authority in anticipation of

such loan and no such temporary loan or advance shall be deemed to

constitute part of such loan unless such temporary loan or advance has

been made out of the proceeds of definitive housing bonds sold by the

state pursuant to section sixty of the state finance law.

Conditions precedent to state loans. 1. No loan shall be made

unless the commissioner finds that: (a) the project is in conformity

with a plan or undertaking for the clearance, replanning, reconstruction

or rehabilitation of a substandard and insanitary area or areas and for

recreational and other facilities incidental or appurtenant thereto;

(b) The municipality in which such project is to be located has

enacted or will enact zoning regulations, or other restrictions

adequately protecting the area or areas in which the project is to be

undertaken, against future uses likely to depreciate unduly the value of

such project;

(c) The estimated revenues, including any governmental grants, of the

project or part for which such loan is to be made will be sufficient to

cover all probable costs of operation and maintenance, of fixed charges

and operating and depreciation reserves;

(d) The plans and specifications conform or will conform to the

requirements of this and all other laws applicable thereto, assuring

adequate light, air, sanitation and fire protection;

(e) Adequate open spaces for recreation are provided within the

project or provision therefor has been made conveniently near the

project; stating the manner in which such spaces are provided or are

proposed to be within the project or near thereto;

(f) Adequate school facilities are near the project or provision

therefor has been made, listing such facilities;

(g) The occupants of the proposed housing accommodations will have

convenient access to probable places of employment;

(h) That an adequate number of dwelling units especially designed for

the convenience and safety of aged persons as may be defined by the

commissioner shall be provided where a survey of the community in which

the project is located indicates a need therefor, and that provision

will be made to insure that such aged persons shall have priority in the

rental thereof. Where all, or substantially all of the dwelling units in

a project have been especially designed for the convenience and safety

of aged persons, the finding required under paragraph (f) of this

subdivision need not be made.

(i) an adequate number of dwelling units especially designed for the

convenience and safety of handicapped persons as may be defined by the

commissioner shall be provided where a survey of the community in which

the project is located indicates a need therefor, that provision will be

made to insure that such handicapped persons shall have priority in the

rental thereof, and that a project is designed to facilitate

unobstructed ingress to and egress from a project.

2. Such findings shall be conclusive evidence of the facts therein

contained except upon proof of fraud or wilful misfeasance by the

commissioner.

Terms and security for state loans. 1. Loans shall be made at

the rate of interest paid or to be paid by the state for the funds

loaned to the authority or municipality, plus a proportionate share of

the actual direct cost of the borrowing as certified by the state

comptroller. Such loan shall be repaid in equal annual installments over

or within a period of fifty years, but in no case to exceed the probable

life of the buildings and improvements of the project or part thereof to

which the proceeds thereof are to be applied. The probable life of the

buildings and improvements of such projects is hereby determined to be

fifty years. Each installment shall equal the amount payable by the

state for moneys borrowed for the loan and shall be paid not later than

five days before each such payment by the state is required.

2. The loan contract shall provide that upon any date when an

installment of principal shall become due and payable the authority may

anticipate any installment which would otherwise thereafter become due

and payable. In the case of loans to municipalities, the loan contract

may contain such a provision.

3. Should the authority or municipality fail to make payment of

interest or principal upon any due date, the state comptroller may

deduct and retain from any moneys otherwise payable by the state to such

authority or municipality, the amount of such interest and principal and

credit such authority or municipality with the amount of such deduction.

State subsidies. The commissioner may in the name of the state

enter into contracts to make periodic subsidies (1) to an authority or a

municipality for one or more projects to assist in achieving and

maintaining the low rent character of a project, or, (2) to a

municipality to assist in the clearance, replanning, reconstruction and

rehabilitation of substandard and insanitary areas pursuant to and in

accordance with the provisions of this chapter, the general municipal

law and any other laws authorizing municipalities to establish and carry

out a federal program of urban renewal with federal aid, payable in

either case only with moneys appropriated therefor from the general fund

of the state, provided, however, (a) that no contracts for periodic

subsidies shall be entered into in any one year requiring payments for

both such purposes aggregating more than two million eight hundred sixty

thousand dollars in any one year, of which amount not more than two

million five hundred thousand dollars shall be with respect to contracts

for payments to assist in achieving and maintaining the low rent

character of projects; (b) that there shall not be outstanding at any

one time contracts for periodic subsidies requiring payments exceeding

an aggregate of forty-four million dollars in any one year, of which

amount not more than forty-two million fifty thousand dollars shall be

with respect to contracts for payments to assist in achieving and

maintaining the low rent character of the projects. All such contracts

shall be subject to approval by the state comptroller, and by the

attorney general as to form.

The periodic subsidy for any project shall be payable on an annual

basis, in amounts which need not be uniform, over a fixed period of

years not exceeding the life of the project assisted by such subsidy and

in any event for not more than fifty years. Portions of the periodic

subsidy payable for any one year may be paid from time to time as

required. The period of years during which the periodic subsidy shall be

payable shall commence on the date of substantial completion of the

project, as determined by the commissioner. The maximum subsidy payable

in any one year on any one project shall not exceed a sum equal to the

largest annual interest charge on funds borrowed from the state to

finance such project plus one per centum of the project cost not

including, however, funds borrowed from the state for working capital.

Where all or any part of the funds necessary to finance the project

are borrowed from sources other than the state or federal government the

periodic subsidy may equal but shall not exceed the largest annual

interest charge on all borrowed funds plus one per centum of the project

cost. The periodic subsidies shall be further limited to amounts and

periods necessary in the determination of the commissioner to assure the

low-rent character of the project involved.

The contract of the commissioner providing for such periodic subsidies

shall guarantee their payment over such fixed period of years. The faith

of the state is pledged to the payment of all periodic subsidies

contracted for by the commissioner. Such periodic subsidies shall be

paid upon the audit and warrant of the state comptroller upon vouchers

approved by the commissioner.

No state subsidy shall be made available for any project unless and

until: (a) the municipality in which such project is situated shall

contract or have contracted to make subsidies to such project in an

amount at least equal to the subsidy contracted to be made by the state,

all or any part of which municipal subsidy may be in the form of

exemption of the project from county, city, village, town, school and

special district taxes to the extent specified in subdivision four of

section fifty-two of this chapter; (b) the findings required by section

seventy-one of this chapter have been made by the commissioner. Such

findings shall be conclusive evidence of the facts therein contained

except upon proof of fraud or willful misfeasance by the commissioner.

For the purpose of determining the amount of subsidy to be paid by a

municipality in any year pursuant to clause (a) of this paragraph, a

project shall be deemed to have been granted tax exemption for that year

for so much of the actual incurred development cost of the project at

the close of the period for which state subsidy is payable as represents

an increase over the assessed valuation of the real property, both land

and improvements, included in the project on the date of the contract

for a state subsidy, notwithstanding the fact that at the close of such

period tax assessments or assessment-rolls reflecting the actual value

of the project have not as yet been prepared, entered, or completed, nor

that the due date for the payment of the taxes has not as yet occurred,

and provided further that whenever there has been a change in the

overall level of assessment and the commissioner of taxation and finance

has certified a percentage change in the level of assessment pursuant to

the provisions of subdivision four of section fifty-two of this chapter,

the value of the tax exemption shall be computed by multiplying the tax

rate which is to be applied to the assessed value deemed to be tax

exempt under this paragraph by the percentage change in the level of

assessment plus one hundred percent.

Restrictions on additional subsidies. No subsidy, in addition

to any periodic subsidy originally contracted for in aid of any project

or projects, shall be paid by the state to a municipality or authority,

acting as an instrumentality thereof, for the purpose of enabling such

municipality or authority to remedy an actual default or avoid an

impending default in the payment of principal or interest on any loan

which has been theretofore made by the state to such municipality or

authority pursuant to this chapter.

Restriction on use of state aid. No state moneys allocated to

an authority or a municipality hereunder shall be mingled or commingled

with financial aid or assistance from the federal government or any

agency thereof, except with the approval of the commissioner.

Pledge of subsidy. Payments under any contracts for periodic

subsidies by the state may be pledged by an authority as security for

loans obtained from any source for the project to which such periodic

subsidies relate.

Private financing. To facilitate the enlistment of private

capital through the sale by authorities or municipalities of their bonds

and other obligations to persons, firms or corporations other than

governments, in financing state projects, and to maintain the low-rent

character of such projects---

(a) Every contract entered into by the state with an authority and a

municipality, or solely with a municipality, to make loans or periodic

subsidies or both (including contracts which amend or supersede

contracts previously made, provided that such amending or superseding

contracts do not relate to state projects with respect to which

definitive housing bonds of the state have been sold pursuant to section

sixty of the state finance law, and do not relate to state projects with

respect to which serial bonds of a municipality have been sold pursuant

to sections ten and eleven of the local finance law) may provide that---

(1) upon the occurrence of a substantial default in respect to the

covenants or conditions to which the authority or municipality is

subject (as such substantial default shall be defined in such contract),

the authority or municipality shall be obligated at the option of the

commissioner, either to convey title to the state in any case where, in

the determination of the commissioner (which determination shall be

final and conclusive), such conveyance of title to the state is

necessary to achieve the purposes of this chapter, or to deliver

possession to the state of the project, as then constituted, to which

such contract relates;

(2) the state shall be obligated to reconvey or to redeliver

possession of the project, as constituted at the time of reconveyance or

redelivery, to such authority or municipality upon such terms as shall

be prescribed in such contract and as soon as practicable: (i) after the

commissioner shall be satisfied that all defaults with respect to the

project have been cured, and that the project will, in order to fulfill

the purposes of this chapter, thereafter be operated in accordance with

the terms of such contract; or (ii) after the termination of the

obligation to make periodic subsidies available unless there are any

obligations or covenants of the authority or municipality which are then

in default. Any prior conveyances and reconveyances, deliveries and

redeliveries of possession shall not exhaust the right to require a

conveyance or delivery of possession of the project to the state

pursuant to sub-paragraph (1) of subdivision (a), upon the subsequent

occurrence of a substantial default.

(b) Whenever such contract to make loans or periodic subsidies or both

shall include provisions which the commissioner, in said contract,

determines are in accordance with the provisions authorized by

subdivision (a) hereof, and the periodic subsidies, pursuant to such

contract, have been pledged by the authority or the municipality as

security for the payment of the principal and interest on the

obligations of the authority or municipality, the commissioner

(notwithstanding any other provisions of this chapter) shall continue to

make periodic subsidies available for the project so long as any of such

obligations remain outstanding. Acquisition of title to a project by the

state, or delivery of possession thereof to the state, as provided in

subdivision (a) hereof, shall not constitute an assumption of liability

by the state of the bonds or notes of the authority or municipality for

which the periodic subsidies or loans have been pledged. The

commissioner may covenant in such contract (in lieu of retaining the

right to reduce or terminate periodic subsidies under section eighteen

of this chapter and notwithstanding any other provisions of law) that in

any event such periodic subsidies shall in each year be at least equal

to an amount which, together with such income or other funds as are

actually available from the project for the purpose at the time such

periodic subsidy is made, will suffice for the payment of all

installments, falling due within the said year, of principal and

interest on the obligations for which the periodic subsidies provided

for in the contract shall have been pledged as security; provided that

such periodic subsidies shall not exceed the amounts and shall not be

made for a period longer than the amounts and period specified in

section seventy-three of this chapter and provided further that such

periodic subsidies shall not exceed the amounts and shall not be made

for a period longer than the amounts and period specified in the

contract.

(c) Obligations of an authority or municipality which (1) are secured

either (A) by a pledge of a state loan under an agreement between such

authority or municipality and the state, or (B) by a pledge of periodic

subsidies to be made by the state and (2) bear, or are accompanied by, a

certificate of the commissioner that such obligations are so secured,

shall be incontestable in the hands of a bearer. The full faith of the

state is pledged to the payment of all loans and periodic subsidies

contracted for by the commissioner as security for such obligations.

Special city and village taxes. In order to obtain funds with

which to make capital or periodic subsidies pursuant to section

ninety-four a city or a village having a population of five thousand or

more as determined by the last federal census may, and in order to incur

indebtedness pursuant to any of the provisions of this chapter, in

excess of the limitations prescribed by any article of the constitution,

other than article eighteen, a city or such village shall levy one or

more of the following taxes:

(a) An excise tax on the sale of tickets of admission to places of

public exhibition, amusement or entertainment for which a payment is

exacted. Such tax shall not be in excess of the following rates: one

cent on each admission charge not in excess of fifty cents per person,

exclusive of all other taxes; two cents on each admission charge in

excess of fifty cents, but not in excess of one dollar per person; five

cents on each admission charge in excess of one dollar, but not in

excess of two dollars per person; ten cents on admission charges in

excess of two dollars per person.

(b) An excise tax on the possession of each telephone connected with

any public telephone exchange now or hereafter installed on the premises

of subscribers for telephone service in any place other than a building

or space owned or leased by any federal, state or municipal government

or public authority. Such tax shall not be in excess of five cents per

month for each such telephone and shall be imposed upon the individual,

copartnership or corporation occupying the premises in which such

telephone is installed. The local law imposing such tax shall provide

that the amount of the tax shall be paid by such individual,

copartnership or corporation occupying such premises, to the public

utility operating such public telephone exchange, for and on account of

the municipality and such public utility shall be liable for the

collection thereof; such public utility shall have the same right in

respect to collecting the tax from the occupant or in respect to

non-payment of the tax by the occupant, as if the tax were a part of the

service charge for such telephone and payable at the time such tax

becomes due and owing.

(c) An excise tax on occupancy. Such tax may be imposed upon any

individual, copartnership or corporation occupying premises in such

municipality as the owner, tenant or concessionaire for residence or for

any gainful purpose. Such tax shall be in an amount of not more than

twelve dollars per year for each separate premises so occupied, the rate

of tax to depend upon the size of such premises or upon such other

reasonable standard as may be fixed by local law. Such local law may

provide that any tax imposed upon a tenant and concessionaire shall be

paid by such tenant and concessionaire to the owner for and on account

of the municipality and the owner shall be liable for the collection and

the payment thereof; and that the owner shall have the same right in

respect to collecting the tax from such tenant or concessionaire, or in

respect to non-payment of the tax by the tenant or concessionaire, as if

the tax were a part of the rent of the premises occupied and such rent

were payable at the time such tax shall become due and owing.

For the purposes of this subdivision the word "premises" shall mean

any real property, or any part thereof, any kind of space, or structure,

except premises, as herein defined, which are located in, upon, above or

under any public street, highway or public place, separately occupied by

any person for his own use for gainful purpose or by any concessionaire

for such use for gainful purpose, whether by ownership, lease, sublease,

profit-sharing arrangement or otherwise.

(d) An excise tax on the sale of patent medicines, sold for

consumption within the territorial limits of such municipality. Such tax

shall not be in excess of ten per centum of the purchase price of such

patent medicines. The local law may provide that the amount of the tax

shall be paid by the purchaser to the vendor for and on account of the

municipality, and the vendor shall be liable for the collection and the

payment thereof; and the vendor shall have the same right in respect to

collecting the tax from the purchaser or in respect to non-payment of

the tax by the purchaser, as if the tax were a part of the purchase

price of the patent medicines, and payable at the time of the sale.

(e) (1) An excise tax on the sale of tobacco other than cigarettes

sold for consumption within the territorial limits of such municipality.

Such tax shall not be in excess of ten per centum of the purchase price

of such tobacco. The local law imposing such tax may provide that the

amount of the tax shall be paid by the purchaser to the vendor and for

and on account of the municipality, and the vendor shall be liable for

the collection and the payment thereof. The vendor shall have the same

right in respect to collecting the tax from the purchaser or in respect

to non-payment of the tax by the purchaser as if the tax were a part of

the purchase price of the tobacco, and payable at the time of the sale.

(2) Any city having a population of one million or more imposing

excise taxes on the sale of tobacco other than cigarettes pursuant to

paragraph one of this subdivision is hereby authorized to adopt and

amend local laws to administer, collect and enforce such taxes,

including the issuance of tax warrants in a manner consistent with the

issuance of warrants pursuant to chapter thirteen of title eleven of the

administrative code of the city of New York. Such enforcement shall

include but not be limited to the filing with the county clerk of a copy

of such warrants, the entry in the judgment docket of the information

specified in section 11-1314 of the administrative code of the city of

New York, and the creation of a lien upon the title to and interest in

real and personal property of the person against whom the warrant is

issued.

(f) An excise tax on the possession and operation of each vending

machine now or hereafter installed in any place other than a building or

space owned or leased by any federal, state or municipal government or

public authority. Such tax shall not be in excess of fifty cents per

month for each such machine and may be imposed upon the individual,

copartnership or corporation occupying the premises in which such

machine is installed. The local law imposing such tax may provide that

the amount of the tax shall be paid by such individual, copartnership or

corporation occupying such premises to the owner or distributor

operating such vending machine for and on account of the municipality

and such owner or operator shall be liable for the collection and the

payment thereof; and the owner or operator shall have the same right in

respect to collecting the tax from the occupant or in respect to

non-payment of the tax by the occupant, as if the tax were a part of the

charge for such vending machine and payable at the time such tax becomes

due and owing.

For the purposes of this subdivision the words "vending machine" mean

a machine which vends automatically or sells tangible personal property.

The revenues derived from the levy of such taxes shall be used

exclusively and solely for the purpose or purposes for which such taxes

are levied.

Review. (a) Any such tax may be reviewed by a proceeding under

article seventy-eight of the civil practice law and rules and any local

law or ordinance imposing any such tax or taxes shall include provisions

making such review available upon reasonable conditions including a

requirement that application for review be made within thirty days after

the determination of the amount of the tax or taxes, and that the amount

of the tax or taxes, interest and penalties and security for costs, be

first deposited.

(b) Any city having a population of one million or more is hereby

authorized to adopt and amend local laws that provide for the review of

any such tax in the same manner as the review of the tax on cigarettes

imposed by such city, including the ability to seek conciliation

concerning determinations of such tax as well as review of such tax in

the agency or tribunal authorized to review the tax on cigarettes

imposed by such city.

Disposition of proceeds of taxes. Notwithstanding the

provisions of any general, special or local law to the contrary,

revenues heretofore or hereafter resulting from the imposition of taxes

authorized by this article for either or both of the purposes referred

to in section one hundred ten of this article, other than the taxes

described in subdivision (e) of such section in a city having a

population of one million or more, shall be deposited in the city or

village treasury and credited to a separate account. During each fiscal

year of such city or village, an amount not in excess of the amount

included in the annual budget or estimate for such fiscal year for the

purpose or purposes for which such taxes were levied shall be charged to

such account and credited to the general fund for the reduction of

taxation or into the general or other fund available for current

expenses of such city or village. No other payment shall be made from

such an account or accounts. In a city having a population of one

million or more, the revenues from the taxes described in subdivision

(e) of section one hundred ten of this article shall be deposited in the

general fund and a payment of an equal amount shall be made, in the same

fiscal year or as soon as practicable thereafter for the purposes

described in such section.

Exemptions. 1. No tax authorized by paragraphs (b), (c), (d),

(e) and (f) of section one hundred ten shall be imposed upon the

following, or upon any transaction with the following:

a. The state of New York, or any public corporation (including a

public corporation created pursuant to agreement or compact with another

state or the Dominion of Canada), improvement district or other

political subdivision of the state where it is the purchaser, user or

consumer;

b. The United States of America, in so far as it is immune from

taxation;

c. The United Nations or other world-wide international organizations

of which the United States of America is a member; and

d. Any corporation, or association, or trust, or community chest, fund

or foundation, organized and operated exclusively for religious,

charitable, or educational purposes, or for the prevention of cruelty to

children or animals, no part of the net earnings of which inures to the

benefit of any private shareholder or individual, and no substantial

part of the activities of which is carrying on propaganda, or otherwise

attempting to influence legislation; provided, however, that nothing in

this paragraph shall include an organization operated for the primary

purpose of carrying on a trade or business for profit, whether or not

all of its profits are payable to one or more organizations described in

this paragraph.

2. Nothing in subdivision one of this section shall exempt sales by

any shop or store operated by any college, university or other public or

private institution for higher education from the taxes described in

paragraphs (d) and (e) of section one hundred ten.

3. The following shall not be subject to the tax authorized by

paragraph (a) of section one hundred ten:

a. Except as provided in paragraph b hereof, any admissions all of the

proceeds of which inure:

(1) Exclusively to the benefit of

(a) a church, a religious organization, or a convention or association

of churches,

(b) an educational institution which is described in subdivision six

of section one hundred one of the internal revenue code of the United

States or which is an educational institution of a government or

political subdivision thereof, if such organization normally maintains a

regular faculty and curriculum and normally has a regular organized body

of pupils or students in attendance at the place where its educational

activities are regularly carried on,

(c) a corporation, association, or any community chest, fund, or

foundation organized and operated exclusively for charitable purposes,

which is described in subdivision six of section one hundred one of the

internal revenue code of the United States,

(d) a society or organization conducted for the sole purpose of

maintaining symphony orchestras or operas and receiving substantial

support from voluntary contributions.

(e) an organization (organized prior to October one, nineteen hundred

fifty-one) which is described in subdivision six of section one hundred

one of the internal revenue code of the United States and which is

operated for the purpose of conducting an annual Chautauqua program of

educational, cultural, and religious activities at a permanent location,

provided in each case no part of the net earnings thereof inures to the

benefit of any private stockholder or individual;

(2) Exclusively to the benefit of national guard organizations, posts

or organizations of war veterans, or auxiliary units or societies of any

such posts or organizations, if such posts, organizations, units, or

societies are organized in this state, and if no part of their net

earnings inures to the benefit of any private stockholder or individual;

or

(3) Exclusively to the benefit of a police or fire department of a

political subdivision, or exclusively to a retirement, pension or

disability fund for the sole benefit of members of such a police or fire

department or to a fund for the heirs of such members.

b. The exemption provided under paragraph a hereof shall not apply in

the case of admissions to:

(1) Any athletic game or exhibition unless the proceeds shall inure

exclusively to the benefit of elementary or secondary schools or unless

in the case of an athletic game between two elementary or secondary

schools, the entire gross proceeds from such game shall inure to the

benefit of an organization described in paragraph (d) of subdivision one

of this section;

(2) Wrestling matches, prize fights, or boxing, sparring or other

pugilistic matches or exhibitions;

(3) Carnivals, rodeos or circuses in which any professional performer

or operator participates for compensation; or

(4) Any motion picture exhibition.

c. Any admission to agricultural fairs if no part of the net earnings

thereof inures to the benefit of any stockholders or members of the

association conducting the same; provided the proceeds therefrom are

used exclusively for the improvement, maintenance, and operation of such

agricultural fairs.

d. Any admissions to swimming pools, bathing beaches, skating rinks,

or other places providing facilities for physical exercise operated by

the state or a political subdivision thereof or by the United States or

any agency or instrumentality thereof; provided the proceeds therefrom

inure exclusively to the benefit of the state, political subdivision,

United States, agency or instrumentality.

e. Any admission to a home or garden which is temporarily open to the

general public as a part of a program conducted by a society or

organization to permit the inspection of historical homes and gardens;

provided no part of the net earnings thereof inures to the benefit of

any private stockholder or individual.

f. Any admission to historic sites, houses and shrines, and museums

conducted in connection therewith, maintained and operated by a society

or organization devoted to the preservation and maintenance of such

historic sites, houses, shrines, and museums; provided no part of the

net earnings thereof inures to the benefit of any private stockholder or

individual.

g. Any admissions to concerts conducted by a civic or community

membership association if no part of the net earnings thereof inures to

the benefit of any stockholders or members of such association.

Options to purchase property or awards. A municipality or

authority may at any time secure options in its own name or in the name

of nominees to purchase property or any interest therein or awards in

condemnation made or to be made therefor. No consideration need be given

or paid by a municipality or authority to the person, firm, or

corporation giving the option. The option granted to the municipality or

authority to purchase such real property or award shall not be withdrawn

or cancelled during the period named therein. Any such option may be

extended by the optionor for a period or periods beyond the period named

therein. The option shall be in such form that acceptance thereof by the

municipality or authority within the time limited therein, or within any

extended period, will create a binding contract for the sale of the real

property or award described therein.

Acquisition of real property. Real property may be acquired by

a municipality, by an authority or by a municipality for an authority by

gift, grant, devise, purchase, condemnation or otherwise, and with

respect to a municipal or state project, according to the provisions of

the eminent domain procedure law. The provisions of this article with

respect to condemnation of property by or for an authority shall prevail

over the provisions of any other general, special or local law.

Acquisition after project approved. When a project has been

approved, an authority may purchase, lease or condemn, or obligate

itself to purchase, lease or condemn, real property for a project.

Notwithstanding any other provisions of and in addition to any other

powers granted under this chapter, where all the dwelling units in a

building have been leased by an authority for occupancy by persons or

families of low income in accordance with the provisions of section

twenty-three of the United States housing act of nineteen hundred

thirty-seven, as amended, the prior approval by the local legislative

body of such leasing program shall constitute all necessary approvals

under this chapter for an authority to exercise an option to purchase

such real property.

Acquisition by a government. Real property acquired for an

authority by a government subsequent to the approval of a project may be

conveyed by such government to the authority with or without

consideration and upon such terms as may be agreed upon by such

government and the authority.

Acquisition of lands for future use. Notwithstanding any

provision of law, an authority or a government may acquire by purchase,

gift, condemnation or otherwise, such property as it may deem ultimately

necessary or proper to effectuate the purposes of this chapter or any of

them although temporarily not required for such purposes, provided that

the local legislative body and the planning commission, if any,

authorize such acquisition. The acquisition and use of property under

this section shall be subject to the planning and zoning laws,

ordinances and regulations applicable to the municipality in which the

property is situated. Proceedings to condemn such property shall be

brought by the authority or government in the same manner as for real

property required for a project.

Grant or lease of property by a government to or for an

authority. In connection with projects located within its territorial

boundaries, a government may, notwithstanding any other provisions of

law, upon such terms, with or without consideration, as it may deem

advisable, grant, convey or lease any of its property, whether held in a

proprietary or governmental capacity, to an authority or government,

including real property already devoted to a public use, provided that

the government making the grant or lease determines that the premises

are no longer required for the public use to which the property is

devoted and that it is to the interest of the government to grant or

lease the property to the authority for the purposes of this chapter.

Notwithstanding any other provisions of this section to the contrary, if

the property is listed by the government as parkland in the office of

the assessing authority of the government or such property is used as

active or passive parkland or is parkland, then such property shall not

be so granted, conveyed, leased or discontinued as parkland, without an

act of the state legislature approving such grant, conveyance lease, or

discontinuance. Notwithstanding any general, special or local law and

any limitation or prohibition which may be contained therein against the

power of alienation, any grant, sale, conveyance or lease may be made by

a government to an authority or government in connection with a project,

without appraisal, public notice, advertisement or public bidding. The

finding of the government having jurisdiction that the property is no

longer required for the public purpose for which it is devoted and that

it is to the best interest of the government involved to grant or lease

the property, shall be conclusive.

Proceedings to condemn. 1. To initiate a condemnation

proceeding, an authority may adopt a resolution describing the property

and declaring that the acquisition of the property is in the public

interest and necessary for the public use, and that the property sought

to be condemned is or will be required for a project. A certified copy

of the authority's resolution shall be conclusive evidence as to the

matters contained therein in any condemnation proceeding to acquire the

property, or any part thereof, described in such resolution.

2. An authority may exercise the power of condemnation pursuant to the

provisions of the eminent domain procedure law.

3. An authority may petition the municipality to institute proceedings

under any applicable general, special or local law, to acquire property

described in the petition which the authority has certified to be

necessary for a project. The resolution granting the petition shall set

forth the amount to be paid by the authority to the municipality for

such property or in lieu thereof that the authority shall pay to the

municipality all sums expended or required to be expended by the

municipality in the acquisition thereof, and the time of payment and

manner of securing payment thereof, and may require that the

municipality shall receive, before proceeding with the acquisition of

such property, such assurances as to payment or reimbursement by the

authority or otherwise as the municipality may deem advisable. Upon the

passage of a resolution by the local legislative body of the

municipality granting the petition, the authority shall cause three

copies of surveys or maps of the property described in the petition to

be made, one of which shall be filed in the office of the authority, one

in the office of the corporation counsel or chief law officer of the

municipality, and one in the office in which instruments affecting real

property in the county are recorded. The filing of such copies of

surveys or maps shall be conclusive evidence of the acceptance by the

authority of the terms and conditions of such resolution. The

municipality may proceed under the eminent domain procedure law to

acquire title to such property. When title to the property shall have

vested in the municipality, it shall convey the same to the authority

upon payment by the authority of the sums and the giving of the security

required by the resolution granting the petition. As soon as title shall

have vested in the municipality, the authority may, upon the

authorization of the mayor, enter upon the property taken, take over and

dispose of existing improvements, and carry out the terms of the project

with respect thereto. Whenever in connection with condemnation

proceedings, requirement is made in any applicable general, special or

local law for the performance of an act by a department or officer of

the municipality, it shall be regarded for the purposes of this section

as compliance therewith if with the approval of the mayor such act is

performed by the authority or by persons specially designated by it.

4. In any proceedings for the assessment of compensation and damages

for property taken or to be taken by condemnation by or for an

authority, the following provisions shall be applicable:

(a) Evidence of the price and other terms upon any sale or the rent

received or reserved, whichever is less, and other terms upon any

option, lease or tenancy relating to any of the property taken or to be

taken or to any similar property in the vicinity when the option, sale

or lease was given, occurred or the tenancy existed, within a reasonable

time of the trial, shall be admissible on direct examination. At any

stage of the proceeding, the court or tribunal may require such prior

notice to be given of an intention to introduce evidence as to the sale,

option, leasing or tenancy of property other than the property directly

involved in the proceeding and of particulars relating thereto as it may

deem necessary to prevent surprise.

(b) The deposition of any person, whether or not a party, may be taken

in the manner provided for any civil action and the provisions of this

section. Such deposition may be taken upon any question or issue in the

proceeding, including the facts as to any sale, option, lease or tenancy

admissible in evidence pursuant to this subdivision. The deposition may

be taken at the instance of the authority, the municipality or of any

owner or at the direction of the court, at any time during the pendency

of the action or proceeding. At least five days' notice, or if service

is through the mails, at least eight days' notice, shall be given of the

taking of the testimony, if on the part of an owner, to the authority

and to all other owners who have appeared in the proceeding; if by the

authority or a municipality, to all owners who have appeared in the

proceeding.

(c) Any time during the pendency of such action or proceedings, an

authority, municipality or an owner may apply to the court for an order

directing an owner or the authority or the municipality, as the case may

be, to show cause why further proceedings should not be expedited, and

the court may upon such application make an order requiring that the

hearings proceed and that any other steps be taken with all possible

expedition.

(d) For the purposes of this article, the award of compensation shall

not be increased by reason of any increase in the value of the property

caused by the clearance, reconstruction or proposed clearance or

reconstruction for the purposes of this chapter of the property or of

the area in which the property is situated. No allowance shall be made

for improvements begun on property after notice to the owner of such

property of the institution of the proceedings to condemn such property.

(e) Evidence shall be admissible bearing upon the insanitary, unsafe

or substandard condition of the premises, or the illegal use thereof, or

the enhancement of rentals from such illegal use, and such evidence may

be considered in fixing the compensation to be paid, notwithstanding

that no steps to remedy or abate such conditions have been taken by the

department or officers having jurisdiction. If a violation order is on

file against the premises in any such department, it shall constitute

prima facie evidence of the existence of the condition specified in such

order.

(f) If any of the property included within the project is devoted to a

public use, it may nevertheless be acquired provided that no property

belonging to the municipality or to any government may be acquired

without its consent, and no property belonging to a public utility

corporation may be acquired without the approval of the commission or

other officer or tribunal having regulatory power over such corporation.

(g) Upon the trial, evidence of the price and other terms upon a sale

or assignment or of a contract for the sale or assignment of a mortgage,

award, proposed award, transfer of a tax lien or lien of a judgment

relating to property taken, shall be relevant, material and competent,

upon the issue of value or damage and shall be admissible on direct

examination.

(h) Upon the trial a statement, affidavit, deposition, report,

transcript of testimony in an action or proceeding, or appraisal made or

given by any owner or prior owner of the premises taken, or by any

person on his behalf, to any court, governmental bureau, department or

agency respecting the value of the property for tax purposes, shall be

relevant, material and competent upon the issue of value or damage and

shall be admissible on direct examination.

(i) The term "owner", as used in this section, shall include a person

having an estate, interest or easement in the property to be acquired or

a lien, charge or encumbrance thereon.

Condemnation of excess property. A municipality or an

authority may take private property by condemnation for the purpose of

providing low rent housing for families of low income, or for the

clearance, replanning, reconstruction and rehabilitation of areas, or

for both of such purposes, and for recreational and other facilities

incidental or appurtenant thereto, but in excess of that required for

public use after such purposes shall have been accomplished. An

authority or municipality may improve and utilize such excess property

wholly or partly for any other public purpose, or may lease or sell such

excess property with restrictions to preserve and protect the project or

projects. Proceedings to acquire such excess property may be brought by

the authority or municipality in the same manner as for the real

property required for the project and may be included in the proceedings

for the acquisition of real property required for the project.

Temporary use or occupation of property. 1. When title to

property has vested in a municipality or an authority by purchase or in

condemnation proceedings, the municipality or the authority, whichever

has acquired title, may pursuant to the provisions of the eminent domain

procedure law, agree with the previous owners of such property, or any

tenants continuing to occupy or use it, or any other persons who may

occupy or use or seek to occupy or use such property

2. In the event that a municipality has purchased or condemned

property on behalf or for the benefit of an authority, the municipality

shall, in transferring title to an authority, deduct from the

consideration or other moneys which the authority has become obligated

to pay the municipality for such property, and credit the authority

with, the amounts received by the municipality as payment for temporary

occupation and use of the property by a former owner, tenant or other

person as hereinabove set forth, less the cost and expense incurred by

the municipality for the maintenance and operation of such property.

3. In the event that a municipality has condemned property on behalf

of or for the benefit of an authority, the lien provided for in

subdivision (c) of section three hundred five of the eminent domain

procedure law shall also inure to the benefit of such authority and such

authority shall have all the powers, rights and remedies provided for in

that section as if such authority had directly acquired title to such

property.

Filing of instruments assigning or pledging awards. In the

case of the pledge, sale, transfer or assignment of an award by the

person entitled to receive the same by virtue of the final decree of the

court in a condemnation proceeding, or by other order of the court, the

instrument evidencing such pledge, sale, transfer or assignment,

acknowledged or proved as instruments are required to be acknowledged or

proved for the recording of instruments affecting real property, shall

be filed in the office of the secretary of the authority, who shall

endorse on such instrument its number and the hour, day, month and year

of its receipt. If such final decree or other order was obtained by the

municipality on behalf of or for the benefit of the authority, a

duplicate original of such instrument must also be filed in accordance

with the provisions of any general, special or local law applicable to

awards payable by such municipality. If an assignment of an award shall

be contained in an instrument recorded in the office in which

instruments affecting real property are by law required to be recorded,

a certified copy thereof may be filed in the office of the secretary of

the authority in place of the original. An alphabetical index shall be

kept under the name of the pledgor or assignor and of the pledgee or

assignee, stating the title of the proceeding, the time of the filing of

the instrument, the file number thereof, and what part of the award is

assigned thereby. A memorandum of the file number of the instrument

shall be made by the secretary of the authority on the duplicate decree

of a court, opposite the place where the amount of the award so assigned

is set forth. Every such instrument not so filed shall be void as

against any subsequent pledgee or assignee in good faith and for a

valuable consideration from the same pledgor or assignor, his heirs,

administrators or assigns, of the same award or any portion thereof, the

assignment of which is first duly filed in the office of the secretary

of the authority. Payment to the assignee or pledgee shown to be

entitled to the award by such record in the office of the secretary of

the authority shall protect the authority from liability to any other

person or persons.

Approval of plan and projects. 1. The prior approval of the

local legislative body and of the planning commission, if any, in the

manner hereinafter provided in subdivision two of this section, shall be

requisite to the final adoption or approval by an authority or

municipality of a plan or project. Where a master plan exists such plan

shall conform to such master plan, except as such master plan may be

changed pursuant to the procedure prescribed by law. Where changes in

the city map and zoning amendments or variances are necessitated by such

master plan, or in furtherance of such master plan, such amendments,

variances and changes shall be submitted together with the plan or

project herein and considered as part thereof.

2. Every plan or project proposed by an authority or municipality

shall be submitted by the authority or the municipality to the planning

commission, if any, for approval. The planning commission, after a

public hearing, notice of which shall be published at least ten days

prior thereto in the official publication of the municipality, or if

none exists, in a newspaper circulating in the municipality, and after

considering the plan or project, may:

a. Issue a report of unqualified approval; or

b. Issue a report of conditional or qualified approval; or

c. Issue a report disapproving thereof.

The plan or project shall be submitted by the authority or

municipality, together with the report of the planning commission, to

the local legislative body for its approval. If the planning commission

shall have issued a report of unqualified approval, the plan or project

may be approved in accordance with the report of the planning commission

by a majority vote of the local legislative body. If the planning

commission shall have issued a report disapproving thereof, or shall

have issued a report of conditional or qualified approval, or shall have

failed to make its report within six weeks of the submission of the plan

or project by the authority or municipality to the planning commission,

the local legislative body may, nevertheless, approve the plan or

project but only by a three-fourths vote. Notwithstanding any other

provision of law, changes in the city map, zoning amendments, or

variances contained in the plan shall be deemed approved by the local

legislative body when it approves the plan or project. Any such changes

in the city map, zoning amendments, or variances shall become effective

on the date on which the authority shall file a resolution with the

local legislative body in implementation thereof.

Authority construction contracts, cancellation of contracts,

disqualification to contract with authority, statement of non-collusion

in bids or proposals. 1. Contracts of an authority for demolition,

excavation, construction, alteration, renovation or for purchase of

materials or supplies shall be in such form and contain such combination

of work or trades and such terms and provisions as may be deemed

advisable by the authority. All such contracts, except contracts for the

purchase of materials or supplies, in excess of fifty thousand dollars

shall be made on sealed bids, in compliance with a public notice

advertised at least once, not less than twenty days before the date set

for the receipt of bids, in the official publication of the

municipality, or if none exists, in a newspaper circulating in the

municipality. With respect to contracts for the purchase of materials or

supplies in excess of twenty-five thousand dollars, the period of

advertisement shall be not less than ten days before the date set for

the receipt of bids. If the authority shall deem it to its best interest

or necessary or desirable to effectuate the purposes of this chapter or

the economy and efficiency in construction and operation of a project,

the authority by majority vote of its members may either reject all bids

or readvertise for bids or by unanimous vote of its members may accept a

bid other than the lowest bid. In any such contract there may be

inserted in the discretion of the authority, a provision that additional

work may be done or materials and supplies furnished or that work or

materials may be omitted for the purpose of completing such contract in

accordance with any changes, omissions or additions in the

specifications of any such contract. Each contract shall provide that in

the case of default by the contractor the authority may adopt on behalf

of the authority all subcontracts made by such contractor and all such

subcontractors shall be bound by such adoption if made, and the

authority may relet, with or without public advertisement, the work

specified in the original contract, exclusive of so much thereof as

shall be provided in any subcontracts so adopted. An authority may make

rules and regulations governing the qualifications of bidders, the

submission of combined bids by two or more contractors, the award and

execution of the contract, security, if any, for execution and

performance of the contract, and any other matters relating to the

contract. The bidding may be restricted to those who shall have

qualified prior to the receipt of bids according to standards fixed by

the authority, provided that notice or notices for the submission of

qualifications shall be published in the official publication of the

municipality, or if none exists, in a newspaper circulating in the

municipality, at least once, not less than ten days prior to the date

fixed for the filing of qualifications. Nothing in this section shall

be construed to limit the power of the authority to carry out a project

or any part thereof directly by the officers, agencies and employees of

the authority, or by any government, or to purchase or acquire materials

or supplies through the purchasing officer, department or agency of a

government.

2. A clause shall be inserted in all specifications or contracts

hereafter made or awarded by any municipal housing authority or by any

official of any municipal housing authority, for work or services

performed or to be performed or goods sold or to be sold, to provide

that upon the refusal by a person who directly or indirectly derives a

monetary benefit which is traceable to such a specification or contract,

when called before a grand jury to testify concerning any transaction or

contract had with the state or of any political subdivision thereof, a

public authority, a municipal housing authority or with any public

department, agency or official of the state or of any political

subdivision thereof or of any public authority or of a municipal housing

authority or subcontract thereunder, to sign a waiver of immunity

against subsequent criminal prosecution or to answer any relevant

question concerning such transaction, contract or subcontract.

(a) Such person and any firm, partnership or corporation of which he

is a member, partner, director or officer, shall be disqualified from

thereafter selling to or submitting bids to or receiving awards from or

entering into any contracts with any municipal housing authority or

official thereof or any subcontract thereunder, or sub-contracting with

any person, firm, partnership or corporation who or which has entered

into any such contract or contracts, in relation to such contract or

contracts, for goods, work or services, for a period of five years after

such refusal. No person, firm, partnership or corporation who or which

has entered into any contract or contracts with the state, or any

political subdivision thereof, a public authority, a municipal housing

authority, or with any public department, agency or official of the

state or any political subdivision thereof or of any public authority,

or of a municipal housing authority, for goods, work or services, shall

enter into a sub-contract thereon with any person, firm or corporation

which is disqualified to contract as provided herein. Such clause shall

also provide that

(b) Any and all contracts made with any municipal housing authority or

official thereof or any subcontract thereunder, since the effective date

of this law, by such person and by any firm, partnership or corporation

of which he is a member, partner, director or officer may be cancelled

or terminated by the municipal housing authority without incurring any

penalty or damages on account of such cancellation or termination, but

any monies owing by the municipal housing authority or by a contractor

or subcontractor thereunder for goods delivered or work done prior to

the cancellation or termination shall be paid.

3. (a) Any person who, when called before a grand jury to testify

concerning any transaction or contract had with the state, any political

subdivision thereof, a public authority, a municipal housing authority

or with a public department, agency or official of the state or of any

political subdivision thereof or of a public authority or of a municipal

housing authority, refuses to sign a waiver of immunity against

subsequent criminal prosecution or to answer any relevant question

concerning such transaction or contract, and any firm, partnership or

corporation of which he is a member, partner, director or officer shall

be disqualified from thereafter selling to or submitting bids to or

receiving awards from or entering into any contracts with any municipal

housing authority or any official of any municipal housing authority

created by the state or any political subdivision, or sub-contracting

with any person, firm, partnership or corporation who or which has

entered into any such contract or contracts, in relation to such

contract or contracts, for goods, work or services, for a period of five

years after such refusal or until a disqualification shall be removed

pursuant to the applicable provisions of law. No person, firm,

partnership or corporation who or which has entered into any contract or

contracts with the state, or any political subdivision thereof, a public

authority, a municipal housing authority, or with any public department,

agency or official of the state or any political subdivision thereof or

of any public authority, or of a municipal housing authority, for goods,

work or services, shall enter into a sub-contract thereon with any

person, firm or corporation which is disqualified to contract as

provided herein.

(b) It shall be the duty of the officer conducting the investigation

before the grand jury before which the refusal occurs to send notice of

such refusal, together with the names of any firm, partnership or

corporation of which the person so refusing is known to be a member,

partner, officer or director, to the superintendent of public works of

the state of New York and the appropriate departments, agencies and

officials of the state, political subdivisions thereof or public

authorities with whom the person so refusing and any firm, partnership

or corporation of which he is a member, partner, director or officer, is

known to have a contract.

4. (a) Any firm, partnership or corporation which has become subject

to the cancellation or termination of a contract or subcontract or

disqualification to contract or subcontract on account of the refusal of

a member, partner, director or officer thereof to waive immunity when

called to testify, as provided in subdivisions two and three of this

section, may, upon ten days' notice to the attorney general and to the

officer who conducted the investigation before the grand jury in which

the refusal occurred, make an application at a special term of the

supreme court held within the judicial district in which the refusal

occurred for an order discontinuing the disqualification. Such

application shall be in the form of a petition setting forth grounds,

including that the cooperation by petitioner with the grand jury at the

time of the refusal was such, and the amount and degree of control and

financial interest, if any, in the petitioning firm, partnership or

corporation by the member, partner, officer or director who refused to

waive immunity is such that it will not be in the public interest to

cancel or terminate petitioner's contracts or subcontracts or to

continue the disqualification, as provided in subdivisions two and three

of this section.

A copy of the petition and accompanying papers shall be served with

the notices to be given pursuant to this subdivision.

(b) Upon the filing of such petition the court may stay as to

petitioner, pending a decision upon the petition, the cancellation or

termination of any contracts or subcontracts resulting from such refusal

upon such terms as to notice or otherwise as may be just.

(c) At least two days prior to the return day, the officer who

conducted the investigation before the grand jury and the attorney

general may file answers to the petition or apply for an order

dismissing the petition as a matter of law. On or before the return day

the petitioner may file a reply to the answer.

(d) Upon the return day the court may, upon the petition and answer

and other papers filed, forthwith render such final order as the case

requires, or if a triable issue of fact is duly raised, it shall

forthwith be tried before a court sitting without a jury or before a

referee. The provisions of statute or rule governing references in an

action shall apply to a reference under this subdivision.

(e) The court shall render a final order dismissing the petition on

the merits or discontinuing the disqualification upon the ground that

the public interest would be served by its discontinuance, and granting

such other relief as to the cancellation or termination of contracts or

subcontracts as may be appropriate, but without costs to petitioner.

5. (a) Every bid or proposal hereafter made to a municipal housing

authority where competitive bidding is required by statute, rule or

regulation, for work or services performed or to be performed or goods

sold or to be sold shall contain the following statement subscribed by

the bidder and affirmed by such bidder as true under the penalties of

perjury: Non-collusive bidding certification.

(1) By submission of this bid, each bidder and each person signing on

behalf of any bidder certifies, and in the case of a joint bid each

party thereto certifies as to its own organization, under penalty of

perjury, that to the best of his knowledge and belief:

(i) The prices in this bid have been arrived at independently without

collusion, consultation, communication, or agreement, for the purpose of

restricting competition, as to any matter relating to such prices with

any other bidder or with any competitor;

(ii) Unless otherwise required by law, the prices which have been

quoted in this bid have not been knowingly disclosed by the bidder and

will not knowingly be disclosed by the bidder prior to opening, directly

or indirectly, to any other bidder or to any competitor; and

(iii) No attempt has been made or will be made by the bidder to induce

any other person, partnership or corporation to submit or not to submit

a bid for the purpose of restricting competition.

(2) A bid shall not be considered for award nor shall any award be

made where (1) (i) (ii) and (iii) above have not been complied with;

provided however, that if in any case the bidder cannot make the

foregoing certification, the bidder shall so state and shall furnish

with the bid a signed statement which sets forth in detail the reasons

therefor. Where (1) (i) (ii) and (iii) above have not been complied

with, the bid shall not be considered for award nor shall any award be

made unless the municipal housing authority to which the bid is made

determines that such disclosure was not made for the purpose of

restricting competition.

The fact that a bidder (a) has published price lists, rates, or

tariffs covering items being procured, (b) has informed prospective

customers of proposed or pending publication of new or revised price

lists for such items, or (c) has sold the same items to other customers

at the same prices being bid, does not constitute, without more, a

disclosure within the meaning of paragraph (a) of this subdivision.

(b) Any bid hereafter made to any municipal housing authority by a

corporate bidder for work or services performed or to be performed or

goods sold or to be sold, where competitive bidding is required by

statute, rule, regulation, or local law, and where such bid contains the

certification referred to in paragraph (a) of this subdivision, shall be

deemed to have been authorized by the board of directors of the bidder,

and such authorization shall be deemed to include the signing and

submission of the bid and the inclusion therein of the certificate as to

non-collusion as the act and deed of the corporation.

6. Notwithstanding the provisions of any other law to the contrary,

all contracts for public work awarded pursuant to this section by a

municipal housing authority created under article thirteen of the public

housing law shall be in accordance with sections one hundred six, one

hundred six-a and one hundred six-b of the general municipal law.

Separate specifications for certain subdivisions of work

involved in the construction or alteration of buildings as a part of or

in connection with housing projects. 1. Notwithstanding any inconsistent

provision of this chapter or any other general, special or local law,

except as otherwise provided in section two hundred twenty-two of the

labor law, any authority or municipality, or any officer, board,

department, commission or other agency thereof charged with the duty of

preparing specifications or awarding or entering into contracts

involving the erection, construction, reconstruction or alteration of

any building or other appurtenance as a part of or in connection with a

project or any part thereof in any part of the state under or pursuant

to the authority of this chapter, when the entire cost of such work

shall exceed three million dollars in the counties of the Bronx, Kings,

New York, Queens, and Richmond; one million five hundred thousand

dollars in the counties of Nassau, Suffolk and Westchester; and five

hundred thousand dollars in all other counties within the state, must

have prepared separate specifications for the following three

subdivisions of the work to be performed:

a. Plumbing and gas fitting;

b. Steam heating, hot water heating, ventilating and air conditioning

apparatus; and

c. Electric wiring and standard illuminating fixtures.

2. Such specifications must be so drawn as to permit separate and

independent bidding upon each of the above three subdivisions of work.

All contracts hereafter awarded by any such authority or municipality,

or any officer, board, department, commission or other agency thereof,

involving the erection, construction, reconstruction or alteration of

any building as a part of or in connection with any project under or

pursuant to this chapter, shall award the three subdivisions of the

above specified work separately to responsible and reliable persons,

firms or corporations engaged in such classes of work.

2-a. Each bidder on a public work contract, where the preparation of

separate specifications is not required, shall submit with its bid a

separate sealed list that names each subcontractor that the bidder will

use to perform work on the contract, and the agreed-upon amount to be

paid to each, for: a. plumbing and gas fitting, b. steam heating, hot

water heating, ventilating and air conditioning apparatus and c.

electric wiring and standard illuminating fixtures. After the low bid is

announced, the sealed list of subcontractors submitted with such low bid

shall be opened and the names of such subcontractors shall be announced,

and thereafter any change of subcontractor or agreed-upon amount to be

paid to each shall require the approval of the public owner, upon a

showing presented to the public owner of legitimate construction need

for such change, which shall be open to public inspection. Legitimate

construction need shall include, but not be limited to, a change in

project specifications, a change in construction material costs, a

change to subcontractor status as determined pursuant to paragraph (e)

of subdivision two of section two hundred twenty-two of the labor law,

or the subcontractor has become otherwise unwilling, unable or

unavailable to perform the subcontract. The sealed lists of

subcontractors submitted by all other bidders shall be returned to them

unopened after the contract award.

3. Nothing in this section shall be construed to prevent any such

authority or municipality in charge of any such project from performing

any such branches of work by or through their regular employees.

Labor requirements. All contracts of an authority involving

the employment, among others, of laborers, workmen or mechanics shall be

in conformity with the provisions of article eight of the labor law, and

such provisions shall be deemed terms of all such contracts; and for the

purpose of obtaining the prevailing rate of wages or fees for such

contracts, the authority shall proceed in the same manner as the

municipality in which the authority operates. All such contracts

involving the employment, among others, of architects, draftsmen or

technicians, whether or not working on the site of the project, shall

contain a provision requiring that the wages or fees prevailing in the

municipality shall be paid to such architects, draftsmen and

technicians; and for the purpose of obtaining the prevailing rate of

wages or fees, the authority shall proceed in the same manner as the

municipality proceeds in obtaining the prevailing rate of wages or fees

for laborers, workmen and mechanics; and the industrial commissioner of

the state or the municipal comptroller, as the case may be, shall

determine such prevailing rates of wages or fees upon application of an

authority in the same manner as provided by article eight of the labor

law for laborers, workmen and mechanics. Employees of all contractors

and subcontractors employed under or by virtue of such contracts shall

have the right to organize and to bargain collectively through

representatives of their own choosing.

Relocation of displaced tenants. 1. (a) Authorities shall have

the power to assist in relocating in suitable accommodations at rentals

within their means families of low income who have been or will be

deprived of dwellings within areas or buildings which have been or will

be cleared or demolished. In connection with any project, the authority

shall maintain or provide for the maintenance of tenant placement

service in which there shall be recorded lists of untenanted suitable

dwellings available to families of low income and shall furnish such

information to such families. Authorities shall from time to time make

studies and surveys of dwelling units which may become unoccupied and

available to families of low income and shall also make arrangements

with owners and lessors of such dwellings for registration thereof with

the tenant placement service.

(b) In connection with any state or municipal project, an authority

may pay so much of the necessary cost of removal of families of low

income, and of business or commercial tenants, from the area or

buildings to be cleared for the development of the project to suitable

locations in such cases and in such amounts as may be approved by the

commissioner in the case of a state project or municipality in case of a

municipal project, but, except as otherwise provided by law, in no event

more than four hundred dollars for any family, nor more than three

thousand dollars for any business or commercial tenant. Removal costs so

paid by an authority shall be included in the project cost.

(c) In connection with the development of any federal project, an

authority may contract with the federal government and with a

municipality to accept and distribute relocation payments as may be

agreed upon.

2. Any person or family residing in an area or building to be cleared

or demolished by an authority or municipality in connection with the

development of a project under this chapter may be admitted to a

dwelling in any project of the authority or municipality if the probable

aggregate annual income of such person or family does not exceed the

income limit for continued occupancy established by the authority or

municipality for the dwelling to which such person or family is

admitted.

3. Until July first nineteen hundred seventy whenever an agency as

defined in subdivision five of section five hundred two of the general

municipal law undertakes the clearance, rehabilitation, conservation or

renewal of an area, or an authority or municipality undertakes the

clearance, replanning, re-construction or rehabilitation of a

substandard or insanitary area in connection with a project as defined

in this chapter, and if the commissioner determines in the case of an

urban renewal project financially assisted by the state as provided in

sections five hundred eight, five hundred nine and five hundred ten of

the general municipal law or in the case of a state project as defined

in this chapter that the area of such a project is one to which this

subdivision shall apply, and an authority or municipality finds that

there are not available suitable dwellings for the relocation of persons

or families of low income who will be deprived of dwellings within the

area of such a project, such authority or municipality may, with the

approval of the commissioner in the case of state projects, relocate

such persons or families by admission to a dwelling in any project of

the authority or municipality. The income of a family relocated pursuant

to this subdivision shall not be subject to the limitation prescribed in

subdivision one (a) of section one hundred fifty-six of this chapter.

Notwithstanding any general, special or local law, each person or family

admitted to a project pursuant to this subdivision shall be required to

move from such project within one year from the date of admission unless

the income of the family is within the limits prescribed for continued

occupancy in the project and, in the opinion of the authority or

municipality, the removal of the family from the project would occasion

undue hardship.

Control of rentals on authority projects. Subject to the terms

of any loan or subsidy contract with a government, the power to fix

rents on a project shall rest exclusively with the authority. But

nothing in this chapter shall prevent an authority or municipality from

establishing, in addition to all other operation and depreciation

reserve funds, a reserve fund, or funds which may be applied in aid of

the construction, operation or maintenance of other projects of such

authority or municipality.

Compliance with state and local laws. All projects shall be

subject to the planning, zoning, sanitary and building laws, ordinances

and regulations applicable in the municipality in which the project is

situated. Zoning regulations or other restrictions enacted by the

municipality to adequately protect the area or areas of a project, as

such area or areas are shown on an approved zoning map of such project

filed with the municipal officer charged with enforcing such zoning

regulations or other restrictions, shall thereafter be maintained

without variance unless written notice of any proposed change, amendment

or variance be given by the municipality to the housing authority

erecting or owning such project and to the government providing

financial aid or assistance to the project at least ten days prior to

the date of any public hearing at which such proposed change, amendment

or variance is to be considered.

Selection of tenants. Subject to the terms of any loan or

subsidy contract with a government, an authority shall have the power to

select tenants for its projects. It shall observe the following

standards with respect thereto:

1. The dwellings in the project shall be available solely a. for

persons or families of low income whose probable aggregate annual income

during the period of occupancy does not exceed six times the rental

(including the value or cost to them of heat, light, water and cooking

fuel) of the dwellings to be furnished such persons or families, except

that in the case of persons or families with four or more dependents,

such ratio shall not exceed seven to one; in calculating annual income,

social security payments and income received from pension funds by any

person sixty-two years of age or more shall be excluded up to a total

maximum amount of seventy-five dollars per month;

b. also for persons or surviving spouses of persons who

(1) have served in the armed forces of the United States for a period

of at least six months (or any shorter period which terminated due to

death or injury incurred in such service), provided some portion of the

period of service was between the first of November, nineteen hundred

fifty-five to the seventh day of May, nineteen hundred seventy-five, and

(2) (i) have been thereafter discharged or released therefrom under

conditions other than dishonorable, or (ii) have a qualifying condition,

as defined in section one of the veterans' services law, and have

received a discharge other than bad conduct or dishonorable from such

service, or (iii) are discharged LGBT veterans, as defined in section

one of the veterans' services law, and have received a discharge other

than bad conduct or dishonorable from such service, or (iv) died in such

service, not more than five years prior to the time of application for

admission to such project, and

(3) whose probable aggregate annual income during the period of

occupancy does not exceed seven times the rental (including the value or

cost to them of heat, light, water and cooking fuel) of the dwellings to

be furnished such persons or families, except that in the case of

persons or families with four or more dependents, such ratio shall not

exceed eight to one.

The "probable aggregate annual income" means the annual income of the

chief wage earner of the family plus all other income of other members

of the family over the age of twenty-one years, plus a proportion of the

income of members under the age of twenty-one years to be determined by

the authority solely for the purpose of establishing rent to be paid

except that the authority may exclude a proportion of the income of

other members of the family over the age of twenty-one years for the

purpose of determining eligibility for admission or continued occupancy,

or for establishing rental of such family, or for all such purposes,

subject to approval by the commissioner with respect to state projects.

2. The authority may rent or lease to a person or family a dwelling

unit, or to a duly authorized agency, as defined in section three

hundred seventy-one of the social services law, for the operation of

agency boarding homes or group homes or to a non-profit corporation

organized under the membership corporations law or to any public agency

as defined in section four hundred sixty-one of the general municipal

law which provides residences and social services to dependent aged

persons or to a social services official for any purpose authorized

under the social services law and for which the social services official

has authority to rent or lease dwelling units, one or more dwelling

units, consisting of a room or number of rooms, but no greater number

than it deems necessary to provide safe and sanitary accommodations to

the proposed occupants thereof, without overcrowding.

3. In the event that the income of the family residing in a project

increases and the ratio to the rental of the dwelling becomes greater

than prescribed by law at the time of their admission or in subdivision

one of this section, whichever is greater, and the income is not more

than fifty per centum above the family income so prescribed for

admission to the dwelling and such increased income continues for a

period of three months or more, the authority may permit the tenant to

continue to occupy his dwelling provided the authority is convinced that

the tenant cannot secure safe and sanitary dwelling from private

enterprise or by reason of other facts the removal of the family from

the project would occasion other undue hardship to the family. However,

the rent of such family shall be increased in proportion to its ability

to pay more, the amount of increase to be ruled upon and prescribed by

the authority for such cases.

4. In the event that the ratio of the income of the family to the

rental of the dwelling becomes greater than that prescribed by law at

the time of their admission or in subdivision one of this section,

whichever is greater, and is more than fifty per centum above the family

income so prescribed for admission to the dwelling and continues for a

period of three months, the authority shall require such family to

remove from the dwelling and may take such steps, including summary

proceedings, as are necessary to effect the removal of the family. A

three months' period shall be given the family to find new

accommodations. Pending removal from the dwelling, the rent of such

family shall be increased in proportion to its ability to pay more, the

amount of increase to be ruled upon and prescribed by the authority for

such cases.

5. Notwithstanding the foregoing provisions of this section, an

authority may establish income limits for continued occupancy for any

project aided by periodic cash subsidies, exceeding the limits otherwise

authorized under this section but not in excess of the highest income

limits approved by the commissioner for any state project in the

municipality. The provisions of this subdivision are intended solely for

the purpose of determining eligibility and not for the purpose of

determining rent to be paid.

6. Notwithstanding any provisions to the contrary contained in this

chapter, if an authority determines that any person or family of low

income residing in any project of the authority whose income exceeds the

limits for continued occupancy is unable to find decent, safe and

sanitary housing within its financial reach within the community

although making every reasonable effort to do so or because of special

circumstance the removal of such person or family would occasion undue

hardship such person or family may be permitted to remain in occupancy

for the duration of such a situation. The rent of such person or family

shall be increased in accordance with its ability to pay, the amount of

such increase to be prescribed by the authority.

7. A municipal housing authority created and established for a city of

one hundred thousand or more shall grant a preference in the selection

of tenants to members of a police force of such city provided that such

members otherwise qualify for occupancy in its projects and provided,

further, that such city has adopted a local law authorizing such

preference.

Notice of rejection of applicants for admission. In the

event that the authority determines that an applicant is ineligible for

public housing it shall cause a written record stating the reasons for

ineligibility to be filed in its office. The applicant shall be mailed

a letter from the housing authority stating that the applicant is

ineligible and that the applicant may be apprised of the reason or

reasons for such ineligibility at a personal interview at the office of

the housing authority.

Notice of expiration of application. Whenever the

regulations of an authority provide that an application for public

housing expires after a period of time, the applicant shall be notified

in writing by the authority of the date of expiration of such

application.

Statement required for termination of lease. Notwithstanding

any other provision of law, an authority must incorporate into a written

notice of termination of a lease the specific grounds upon which it has

made its determination for termination.

Claims and actions against authorities. 1. In every action or

special proceeding, for any cause whatsoever, prosecuted or maintained

against an authority, other than a claim arising out of a condemnation

proceeding, the complaint or necessary moving papers shall contain an

allegation that at least thirty days have elapsed since the demand,

claim or claims upon which such action or special proceeding is founded

were presented to the authority for adjustment and that it has neglected

or refused to make an adjustment or payment thereof for thirty days

after such presentment.

2. An action against an authority for damages for injuries to real or

personal property, or for the destruction thereof, or for damages for

personal injuries, alleged to have been sustained by reason of the

negligence of, or by the creation or maintenance of a nuisance by said

authority, or any member, officer, agent or employee thereof, shall be

commenced within one year and ninety days after the cause of action

therefor shall have accrued, provided that a notice of the intention to

commence such action shall have been served upon the authority. All the

provisions of section fifty-e of the general municipal law shall apply

to such notice. The authority may require any claimant hereunder to be

examined as provided in section fifty-h of the general municipal law,

and all the provisions of such section shall apply to such examinations.

3. The authority may require any person presenting for settlement an

account or claim for any cause against the authority, except as to

examination on claims as set forth in subdivision two of this section,

to be sworn before a member, the secretary, counsel or an attorney of

the authority, touching such account or claim, and when so sworn, to

answer orally as to any facts relative to the adjustment of such account

or claim. The authority may settle or adjust all claims in favor or

against the authority, and all accounts in which the authority is

concerned as debtor or creditor; but in adjusting and settling such

claims, it shall, as far as practicable, be governed by the rules of law

and principles of equity which prevail in courts of justice.

4. This section shall not apply to claims, actions or proceedings by

obligees on bonds or covenants of an authority, or claims arising out of

condemnation proceedings except as provided in subdivision five herein.

5. The rate of interest to be paid by an authority upon any judgment

or accrued claim against the authority shall not exceed nine per centum

per annum.

Real property of authorities exempt from levy. All real

property of an authority shall be exempt from levy and sale by virtue of

an execution, and no execution or other judicial process shall issue

against the same, nor shall any judgment against an authority be a

charge or lien upon its real property; provided, however, that the

provisions of this section shall not apply to or limit the right of

obligees to foreclose or otherwise enforce any mortgage of an authority

or the right of obligees to pursue any remedies for the enforcement of

any covenant of an authority or of any pledge or lien given by an

authority on its rents, fees or revenues.

Disclosure of certain information prohibited. Information

acquired by an authority, the division of housing and community renewal

or a municipality or by an officer or employee thereof from applicants

for dwellings in projects of an authority or municipality or other

housing programs administered by a housing authority, municipality or

the division of housing and community renewal, or from tenants of

dwellings thereof or from members of the family of any such applicant or

tenant or from employers of such persons or from any third person,

whether voluntarily or by compulsory examination as provided in this

chapter, shall be for the exclusive use and information of the

authority, division of housing and community renewal or municipality in

the discharge of its duties under this chapter and shall not be open to

the public nor be used in any court in any action or proceeding pending

therein unless the authority, division of housing and community renewal,

municipality or successor in interest thereof is a party or complaining

witness to such action or proceeding. Notwithstanding the foregoing,

the authority or municipality shall furnish to the commissioner of

housing and community renewal full and complete reports relating to any

such applicant or tenant whenever the commissioner of housing and

community renewal shall request such reports. Also, nothing herein

contained shall operate to prevent an authority or municipality from

making full and complete reports to the commissioner of housing and

community renewal or to the municipality in which an authority operates

or to the federal government or any agency thereof relating to the

administration of this chapter or of any project or relating to any such

applicant or tenant, nor to prohibit an authority or municipality or any

government or agency receiving such information of an authority or

municipality, from publishing statistics or other general information

drawn from information received from such applicants or tenants.

Policy and purposes of article. It is hereby declared that

there exists in municipalities in this state a seriously inadequate

supply of safe and sanitary dwelling accommodations for persons and

families of low income; that such shortage constitutes an emergency and

a grave menace to the health, safety, morals, welfare and comfort of

citizens of this state; that there exists in such municipalities a large

number of multiple dwellings which are inadequate, unsafe or insanitary

by reason of the absence of proper heating facilities or by reason of

the necessity for elimination of conditions dangerous to human life or

detrimental to health, including nuisances as defined, in section three

hundred nine of the multiple dwelling law, or for other rehabilitation

or improvement and which can be made adequate, safe and sanitary, by the

installation of proper heating facilities or by other rehabilitation or

improvement or by the elimination of such conditions; that such

installation, rehabilitation or improvement cannot readily be provided

by the ordinary unaided operation of private enterprise for occupancy by

persons or families of low income without public aid in the form of low

interest loans to owners of such multiple dwellings for the purpose of

such installation, rehabilitation or improvement; that the installation

of proper heating facilities in such multiple dwellings or other

rehabilitation or improvement thereof for occupancy by persons of low

income as defined in this article is a public use and a public purpose

for which public money may be loaned; that such conditions require the

provisions hereinafter enacted; and the necessity in the public interest

for the provisions hereinafter enacted is hereby declared as a matter of

legislative determination.

Definitions. As used in this article the following terms shall

mean:

1. The term "existing multiple dwelling" shall mean any multiple

dwelling erected before April eighteenth, nineteen hundred twenty-nine

and in existence on the date upon which this article takes effect.

2. The term "agency" shall mean any officer, board, commission,

department, or other agency of the municipality, or the authority or any

other public authority, designated by the local legislative body to

carry out the functions vested in the agency under this article or

delegated to the agency by the local legislative body in order to carry

out the purposes and provisions of this article.

3. a. The term "persons or families of low income" shall mean "persons

of low income" or "families of low income" as defined in section three

of this chapter, whose probable aggregate annual income during the

period of occupancy does not exceed six times the rental (including the

value or cost to them of heat, light, water and cooking fuel) of

dwelling units occupied by such persons or families in existing multiple

dwellings aided by a loan pursuant to this article, except that in the

case of persons or families with three or more dependents, such ratio

shall not exceed seven to one, and except further that the income

limitations prescribed by this paragraph shall be subject to the

provisions of subdivision two of section two hundred thirteen of this

chapter.

In calculating annual income, social security payments and income

received from private pension funds by any person sixty-two years of age

or more shall be excluded up to a total maximum amount of seventy-five

dollars per month. The term "probable aggregate annual income" means

the annual income of the chief wage earner of the family, plus all other

income of other members of the family over the age of twenty-one years,

plus a proportion of income of gainfully employed members under the age

of twenty-one years, the proportion to be determined by the agency. The

agency may exclude a proportion of the income of other members of the

family over the age of twenty-one years for the purpose of determining

eligibility for commencement of occupancy or continued occupancy, or for

establishing rental of such family, or for all such purposes.

b. Notwithstanding the provisions of paragraph a of this subdivision,

and subject to the provisions of subdivision three of section two

hundred thirteen of this chapter, the term "persons or families of low

income" shall also mean any person or family who, immediately prior to

the date on which a contract for a loan with respect to an existing

multiple dwelling is entered into pursuant to the provisions of this

article, occupies any dwelling unit in such multiple dwelling and who

continuously occupies such unit during and after completion of central

heating or other rehabilitation or improvement performed pursuant to

such contract.

4. The term "occupancy date" shall mean the date defined in the

contract for a loan pursuant to this article between the owner of an

existing multiple dwelling and a municipality as the date upon which

such multiple dwelling is to be deemed ready for occupancy, or if such

term is not defined in such contract, the date of issuance of the

temporary certificate of occupancy.

Loans to owners. 1. Notwithstanding the provisions of any

general, special or local law, a municipality, by its local legislative

body, may make or contract to make loans to the owners of existing

multiple dwellings within its territorial limits, in such amounts as may

be required for the installation of proper heating facilities, or

elimination of conditions dangerous to human life or detrimental to

health, including nuisances as defined, in section three hundred nine of

the multiple dwelling law, or other rehabilitation or improvement of

such multiple dwellings, and may make temporary loans or advances to

such owners in anticipation of the permanent municipal loans for such

purposes.

2. Each permanent loan shall be secured by a bond and mortgage or note

and mortgage upon the multiple dwelling and the land upon which it is

situated. The amount of any such loan, together with the amount of all

prior loans and encumbrances, shall not exceed ninety per centum of the

value of the property, after completion of the installation of proper

heating facilities, or elimination of such conditions or other

rehabilitation or improvement, as estimated by the agency. Each such

bond and mortgage or note and mortgage shall be repaid over or within a

period of twenty years in such manner as may be provided in such bond

and mortgage or note and mortgage and contract but in no case to exceed

the probable life of the multiple dwelling which is hereby determined to

be twenty years. Such bond and mortgage or note and mortgage and the

contract in connection with such permanent and temporary loans may

contain such other terms and provisions not inconsistent with the

provisions of this article as the local legislative body may deem

necessary or desirable to secure repayment of the loan, the interest

thereon and other charges in connection therewith and to carry out the

purposes and provisions of this article.

3. The bond or note issued by the owner of such multiple dwelling and

the mortgage relating thereto may authorize such owner, with the consent

of the agency, to prepay the principal of the loan subject to such terms

and conditions as therein provided. Such bond or note and mortgage may

contain such other clauses and provisions as the agency shall require.

4. The agency may charge the owner of such multiple dwelling

reasonable fees for financing, regulation, supervision and audit. Such

fees shall be kept by the municipality in a separate fund to be known as

the housing rehabilitation fund and shall be used to pay for the

expenses of the municipality in administering and carrying out the

provisions of this article.

Occupancy. 1. The dwelling units in any existing multiple

dwelling aided by a loan pursuant to this article shall be available

solely for persons or families of low income during the period in which

any part of such loan remains unpaid and for a period of at least ten

years from the occupancy date.

2. In the event that after any person or family included within the

provisions of paragraph a of subdivision three of section two hundred

eleven of this chapter, but not included within the provisions of

paragraph b of such subdivision three, begins occupancy of any dwelling

unit in any multiple dwelling aided by a loan pursuant to this article,

and during the period while such dwelling unit is subject to a maximum

rent prescribed by the agency pursuant to this article, the income of

such person or family increases so as to exceed the applicable maximum

prescribed by such paragraph a by more than fifty per centum, such

person shall be required to move from such dwelling.

3. a. In the event that on the date on which a contract for a loan is

made with respect to a multiple dwelling aided by a loan pursuant to

this article, any person or family occupying a dwelling unit in such

multiple dwelling and included within the provisions of paragraph b of

subdivision three of section two hundred eleven of this chapter, has a

probable aggregate annual income, as determined in accordance with the

provisions of paragraph a of such subdivision three, which exceeds the

income limits specified in such paragraph a by more than fifty per cent,

such person or family shall be required to move from such dwelling unit

upon the expiration of a period of two years after the date on which

such contract is entered into.

b. In the event that at any time within a period of two years after

any such contract is entered into, the income of any such person or

family increases so as to exceed the income limits specified in such

paragraph a by more than fifty per cent, such person or family shall be

required to move from such dwelling unit upon the expiration of such

period of two years.

c. If, at any time subsequent to the expiration of a period of two

years after any such contract is entered into, and during the period

while the dwelling unit occupied by any such person or family is subject

to a maximum rent prescribed by the agency pursuant to this article, the

income of such person or family increases so as to exceed the income

limits specified in such paragraph a by more than fifty per cent, such

person or family shall be required to move from such dwelling unit.

4. Any person or family in occupancy, whether included within the

provisions of paragraph a or paragraph b of subdivision three of section

two hundred eleven of this chapter, whose income exceeds the maximum

prescribed by the provisions of such paragraph a with respect to the

time of beginning of occupancy, shall pay a rental surcharge in

accordance with a schedule of surcharges to be promulgated by the

agency. Rental surcharges collected pursuant to this section shall be

paid by the owner to the municipality which has granted such owner tax

exemption or tax abatement pursuant to any law authorizing the granting

of same, as reimbursement to such municipality therefor. In the event

that such tax exemption and tax abatement have not been granted, or in

the event that a sum equal to the total amount of tax exemption and tax

abatement granted to the owner has been paid to the municipality, the

excess, if any, of surcharges shall be for the use and benefit of the

owner.

5. Any person or family whose removal is required by any provision of

this article shall be subject to removal by summary proceedings.

Conditions precedent to making such loans. 1. No such loan

shall be made by a municipality to an owner of an existing multiple

dwelling unless the owner of such multiple dwelling and all persons

holding a lien prior to that of the municipality shall covenant in

writing that so long as any part of such loan remains unpaid and for a

period of at least ten years from the occupancy date: (a) Each dwelling

unit in such multiple dwelling shall be available solely for persons or

families of low income;

(b) Preference shall be given to persons who shall have lived in such

multiple dwelling at the time the contract for the loan was entered into

and were required to move because of such installation, rehabilitation

or improvement;

(c) No charge or rental for housing accommodations in such multiple

dwelling shall be made or charged in excess of the rentals prescribed by

the agency at the time such loan is made or as such rentals may be

revised from time to time by the agency;

(d) The agency may order such repairs as will preserve the health and

safety of the occupants of such multiple dwelling;

(e) All persons operating or managing such multiple dwelling will

comply with the provisions of this article and the rules and regulations

adopted by the agency pertaining to multiple dwellings aided hereunder

and will refrain from doing any acts in violation thereof;

(f) All such persons will permit the duly authorized officers,

employees, agents or inspectors of the agency to enter in or upon and

inspect such multiple dwelling at all reasonable hours;

(g) The agency shall have full power to investigate into and order the

owner of said multiple dwelling to furnish such reports and information

as the agency may require concerning the planning and construction of

the installation, rehabilitation or improvement and the management and

operation of said multiple dwelling. The agency shall also have full

power to audit the books of such owner with respect to such matters;

(h) The foregoing covenants shall run with the land.

2. The local legislative body of the municipality shall have power to

impose additional terms and conditions precedent to making such loans.

Rent control; tax exemption. 1. Notwithstanding the

provisions of the emergency housing rent control law and the regulations

promulgated pursuant thereto, so long as the rents for any housing

accommodations in any multiple dwelling aided by a loan pursuant to this

article remain subject to control by the agency, (1) the maximum rents

for such housing accommodations shall be those prescribed by the agency

pursuant to the provisions of this article; and (2) where the maximum

rents for such accommodations, if the provisions of this article were

not applicable, would be prescribed by the provisions of the emergency

housing rent control law and such regulations, the provisions of the

emergency housing rent control law with respect to evictions, and the

provisions of such regulations with respect to evictions, and no other

provisions of such law and regulations, shall apply to such

accommodations. However, upon the expiration of such rent control by the

agency pursuant to this article, such housing accommodations in such

dwelling, if they would have been fully subject to the provisions of the

emergency housing rent control law and such regulations immediately

prior to such expiration, if not subject to the provisions of this

article, shall again be subject to the provisions of the emergency

housing rent control law and such regulations to the same extent and in

the same manner as if such accommodations had not been subject to the

provisions of this article, except that with respect to any such

accommodations again subject to the provisions of the emergency housing

rent control law and such regulations, the maximum rent therefor in

effect pursuant to the provisions of this article at the time of such

expiration, shall be the maximum rent for such accommodations under the

emergency housing rent control law and regulations, subject to

adjustment pursuant to such law and regulations, giving due regard to

all the equities.

2. The municipality may, by local law, provide for exemption from

taxation of any increase in valuation resulting from the installation,

alterations or improvements performed with the aid of such loans or for

abatement of taxation on such property, including the land, or for both

such exemption and abatement, to the same extent, for the same period,

and under the same terms and conditions as such exemption or abatement,

or both, may be provided by local law enacted under the terms of any

currently effective statute authorizing the granting of tax exemption or

tax abatement, or both, in aid of the rehabilitation, alteration or

improvement of multiple dwellings or the elimination of unhealthful or

dangerous conditions therein. Notwithstanding any contrary provisions of

any general, special or local law, a property aided by a loan pursuant

to this article shall not be ineligible for tax exemption or tax

abatement or both, as provided by local law enacted pursuant to statute,

solely because such property is not subject to control of rents under

the emergency housing rent control law, but such tax exemption and tax

abatement shall terminate if and when such property is subject to

control of rents neither under the emergency housing rent control law or

this article.

Rules and regulations. An agency may promulgate supplementary

rules and regulations to carry out the provisions of this article, not

inconsistent with the provisions of this article.

Policy of state and purpose of article. It is hereby

declared that there exists within the state, and particularly within

certain cities thereof, an acute shortage of housing; that low income

inhabitants of the state, and particularly demobilized servicemen of

world war II and their families, as well as the families of servicemen

still serving within the military and naval forces of the United States,

are unable to obtain adequate, safe and sanitary dwelling accommodations

within their financial reach; that this condition is a menace to the

health, safety, morals, welfare and reasonable comfort of the citizens

of the state; that this condition has reached the stage of an acute

emergency which cannot be adequately and immediately alleviated by the

normal processes of construction of permanent housing and the

construction of permanent public housing projects in connection with

slum clearance, and that immediate mitigation is required by such

emergency means as are available; that this condition requires that

provision be made for public emergency housing as hereinafter provided;

that this condition requires that certain cities and authorities be

authorized to cooperate and enter into agreements with a government and

with each other to the end that emergency housing may be obtained as

expeditiously as possible; that this condition requires the temporary

suspension of various normal restrictions, prohibitions, limitations and

procedures to the end that emergency housing may be supplied with the

least possible delay; that the acquisition, construction, management,

operation, and disposition of such emergency housing and the real and

personal property and other facilities necessary, incidental or

appurtenant thereto is a public use for which public money may be spent,

private property acquired, and tax exemption granted; and that the

necessity in the public interest for the provisions hereinafter enacted

is hereby declared as a matter of legislative determination.

Definitions. Notwithstanding the provisions of any other

article of this chapter the following terms, whenever used or referred

to in this article, shall have the following meanings, unless a

different meaning clearly appears from the context:

1. The term "emergency project" means a specific work or improvement,

including lands, buildings and improvements, acquired, constructed,

altered, renovated, or reused to provide emergency dwelling

accommodations for eligible tenants, as hereafter defined in this

section, together with such social, recreational, communal or other

non-housing facilities as may be deemed by the authority or city or

government undertaking such project to be incidental or appurtenant

thereto. Emergency projects as defined herein shall be deemed to

constitute low rent housing within the meaning of article eighteen of

the constitution and shall be deemed to be in conformity with a plan or

undertaking for the clearance, replanning and reconstruction or

rehabilitation of a substandard and insanitary area and for recreational

and other facilities incidental or appurtenant thereto.

2. The term "eligible tenant" means: (a) distressed families of

servicemen; (b) distressed veterans and their families; (c) distressed

single servicemen and veterans; and (d) other distressed persons or

families of low income. The term "servicemen" shall include any person

who is serving, and the term "veterans" shall include any person who has

served during world war II, under conditions other than dishonorable, in

the military or naval forces or the merchant marine of the United

States. Persons and families who are without adequate housing because of

eviction or inadequate income or for other reasons, or are affected by

unusual hardships, and are unable to find adequate housing within their

financial reach shall be deemed to be distressed. Eligible tenants as

defined herein shall be deemed to be persons of low income within the

meaning of article eighteen of the constitution. Subject to the terms of

any contract with a government, an authority shall have the power to

select eligible tenants for emergency projects.

Additional powers of certain authorities. An authority

operating in a city having more than one million inhabitants shall have

the following powers in addition to the other powers granted by this

chapter:

1. Prepare or arrange for preparation of plans for, acquire,

construct, lease, carry out, manage, operate and dispose of emergency

projects, and with regard to emergency projects shall have and exercise,

except as in this article otherwise expressly provided, all the powers,

rights and privileges granted to an authority under this chapter in

reference to any project of an authority, but without regard to the

limitations prescribed by sections ninety-seven, one hundred fifty, one

hundred fifty-one, one hundred fifty-five, and one hundred fifty-six of

this chapter.

2. Act as agent for, or enter into contracts and otherwise cooperate

with a government in connection with emergency projects.

3. Issue bonds and notes for the purposes of this article in

accordance with the powers granted under article three of this chapter,

except that such bonds may be issued for periods not exceeding the

probable life of the emergency project for which they are issued, which

probable life is hereby determined to be ten years. The powers granted

by this section shall include the power of such authority to issue its

bonds or notes to finance all or any part of the development and

operation of emergency projects which a city has undertaken by contract

with a government, and as to which the authority will act as agent or

lessee for the city, notwithstanding that the city agrees to reimburse

the authority for all or any part of the development and operation of

the emergency project.

4. Issue refunding bonds for the purpose of paying or retiring bonds

previously issued by it for emergency projects but no such refunding

bonds shall have a maturity date later than the end of the probable life

of the emergency project for which they are issued.

Additional powers of certain cities. A city having more than

one million inhabitants shall have the following powers in addition to

the other powers granted by this chapter:

1. Undertake one or more emergency projects and for that purpose such

city shall have the rights, powers and privileges and shall be subject

to the duties and obligations granted to or imposed upon authorities

with respect to such projects by the provisions of this article.

2. Such city shall have the power to designate or appoint an authority

as its agent to acquire, construct, lease, manage, operate or dispose

of, in the name of the authority or in the name of the city, one or more

emergency projects. When acting as the agent of a city, either in its

own name or in the name of the city, an authority shall be governed by

the provisions of this article and of such other laws, not inconsistent

with this article, as govern the conduct of authorities, and shall not

be governed by the laws, local laws, ordinances, rules, and regulations

governing the conduct of cities.

3. A city may render and provide or contract to render and provide

services and facilities in connection with an emergency project in

accordance with the provisions of section ninety-nine of this chapter.

4. To effectuate any of the purposes of this article such city may:

(a) incur indebtedness; (b) issue and sell its bonds for periods not

exceeding the probable life of the project for which they are issued;

(c) issue refunding bonds for the purpose of paying or retiring bonds

previously issued by it for emergency projects but no such refunding

bonds shall have a maturity date later than the end of the probable life

of the emergency project for which they are issued; (d) make or contract

to make loans to an authority operating within the territorial limits of

such city; (e) make or contract to make to such authority capital

subsidies or periodic subsidies for a period not exceeding the probable

life of the project; (f) guarantee the principal of and interest on, or

only the interest on, indebtedness contracted by such authority; (g)

and, unless otherwise expressly limited by this article, exercise all

the powers, rights and privileges granted to municipalities by this

chapter. The probable life of an emergency project undertaken by such

city is hereby determined to be ten years.

5. Such city may at any time and without regard to any restrictions,

procedures or time limitations contained in its charter or in other

laws, local laws, rules or ordinances governing the appropriation of its

funds, appropriate for the purposes of this article, from its general

fund or from such other funds as are available for the current expenses

of such city, such sums as it may deem necessary and feasible to

effectuate the purposes of this article; provided that such city shall,

at least two days prior to the meeting of the local legislative body at

which any appropriation made hereunder is acted upon, cause to be

published in the official publication of such city a notice that such

appropriation will be made, and shall, within twenty days after such

meeting, cause to be similarly published a notice that such

appropriation has been made.

6. Such city may enter into contracts for the demolition, excavation,

construction, alteration, and renovation of, or for the purchase of

materials and supplies for, an emergency project without regard to the

requirements for advertising of or invitation for bids or for the making

of awards contained in any general, special or local law, charter,

ordinance, rule or regulation.

7. When an authority acts as agent or lessee for a city in the

acquisition, construction, management, operation or disposition of an

emergency project, the city shall have the power to indemnify or

contract to indemnify such authority against any deficit, loss or

liability arising therefrom.

8. Notwithstanding the provisions of any general, special or local

law, any contract made, indebtedness incurred, appropriation made, or

action taken by a city, provided there is compliance with the provisions

of this article, shall be sufficiently and finally authorized if it is

approved by the local legislative body of the city.

* § 219-e. Suspension of building restrictions. 1. The provisions of

the multiple dwelling law and of any other law, charter, administrative

code, building law, local law, ordinance, rule or regulation pertaining

to the construction, maintenance, use and occupation of housing

accommodations and incidental facilities, as well as the provisions of

any general, special or local law, rule or regulation pertaining to the

planning and zoning of buildings, shall not apply to the construction by

a government or authority of an emergency project, and shall be

suspended with respect to the maintenance, use and occupation thereof,

and the equipment and fixtures contained therein, as long as such

project is operated by a government or authority for the purpose of

providing emergency housing, or by an educational institution to which

the rights and interest of the United States have been, or shall

hereafter be, relinquished and transferred pursuant to the provisions of

chapter six hundred eighty-eight, public law seven hundred ninety-six of

the eightieth Congress (section fifteen hundred seventy-five of title

forty-two, U. S. code) or any amendment thereto, for the purpose of

providing emergency housing. Any provision of general, special, or local

law or any rule or regulation requiring the issuance of a certificate of

occupancy or other form of license or permit, as a condition to the

occupancy of any building, shall likewise be suspended with regard to

emergency projects.

2. The provisions of this section shall remain in effect during the

period of the housing emergency and the acute shortage of housing

accommodations but in no event beyond July first, nineteen hundred

fifty-four.

* NB Expired July 1, 1954 by its own terms

Disposition of emergency projects. Each emergency project

shall be removed and disposed of as soon as practicable after the city

in which the project is located determines that the emergency declared

in this article has ended, but in no event beyond July first, nineteen

hundred fifty-four, and provided that an authority or city may contract

with the federal government or with an agency or instrumentality thereof

for such termination date for occupancy, removal and disposition of an

emergency project, and upon such terms, as the federal government or its

agency or instrumentality may require.

Limitations. An authority or city shall not initiate an

emergency project after July first, nineteen hundred fifty nor unless it

shall find (which finding shall be conclusive in any suit, action or

proceeding) that within its territorial jurisdiction, there is a

shortage of adequate, safe and sanitary dwellings for eligible tenants

which impedes the orderly demobilization of the war effort and that such

dwellings would not otherwise be provided when needed for eligible

tenants.

Tax exemptions. The provisions of subdivisions one, two and

three of section fifty-two of this chapter shall apply with equal force

and effect to emergency projects so long as such projects are controlled

by an authority or a city, provided, however, that any bonds, notes or

other obligations or evidences of indebtedness issued by an authority or

a city shall at all times be exempt from all taxation by the state or

any subdivision thereof.

Miscellaneous. 1. All actions taken, contracts or

commitments made, appropriations made, indebtedness incurred, all bonds

or other obligations heretofore issued, including any guarantees

thereof, and the proceedings authorizing the issuance thereof, and all

things done by or between an authority, city, or government, prior to

the enactment of this article and subsequent to January first, nineteen

hundred forty-six, and for the purposes provided in this article, are

hereby ratified, confirmed and approved and are hereby validated in all

respects.

2. To the extent that the provisions of this article are inconsistent

with the provisions of any other article of this chapter or with the

provisions of any general, special or local law or charter, the

provisions of this article shall be controlling.

3. If any clause, sentence, paragraph, section or part of this article

shall be adjudged by any court of competent jurisdiction to be invalid,

such judgment shall not affect, impair or invalidate the remainder

thereof, but shall be confined in its operation to the clause, sentence,

paragraph, section or part thereof directly involved in the controversy

in which such judgment shall have been rendered.

4. Before a city or an authority enters, without public advertisement

for sealed bids, into a contract which but for the provisions of this

article would be required by general, special or local law to be made on

sealed bids invited by public advertisement, such city or authority

shall obtain the approval of the mayor or deputy mayor of the city.

Within twenty days after the execution of such contract, it shall cause

to be published in the official publication of the city a notice that

such contract has been let and the name of the contractor.

Construction. This chapter shall be construed liberally to

effectuate the purposes hereof, and the enumeration of specific powers

in this chapter shall not operate to restrict the meaning of any general

grant of power contained in this chapter or to exclude other powers

comprehended in such general grant. In construing this chapter

consideration shall be given to its purpose and intent, among others, to

empower an authority to do any and all things necessary to secure the

financial aid of the United States Housing Authority and the state of

New York, or any department, agency or instrumentality of the federal or

state government, in the undertaking, planning, construction,

maintenance and operation of any project.

Separability clause. If any clause, sentence, paragraph,

section or part of this chapter shall be adjudged by any court of

competent jurisdiction to be invalid, such judgment shall not affect,

impair or invalidate the remainder thereof, but shall be confined in its

operation to the clause, sentence, paragraph, section or part thereof

directly involved in the controversy in which such judgment shall have

been rendered.

Application of other laws. For the purposes of the application

of the lien law, the general corporation law, and except as in this

chapter otherwise provided, for the purposes of the application of any

general, special or local law imposing a tax, an authority shall be

deemed a municipal corporation. The term "public corporation" used in

the lien law shall be deemed to include an authority. The term "public

improvement" used in the lien law shall be deemed to include an

improvement upon real property belonging to an authority and the term

"public contract" in such law shall be deemed to include contracts made

by the authority; the secretary of the authority shall, for the purposes

of the lien law be deemed to be the financial officer of the authority

and the officer of the department, bureau, subdivision or commission

having charge of the construction of an improvement and being charged

with the custody and disbursement of the funds applicable to the public

contract or public improvement under, upon or for which goods or

materials are furnished or work was done.

Prohibition against discrimination. For all the purposes of

this chapter, no person shall, because of race, creed, color or national

origin, be subjected to any discrimination.

Discrimination against persons who have certain household

pets. No person who has been adjudged to be legally blind or who is a

severely physically handicapped person or who is a mute shall be denied

occupancy in a dwelling in any project or be subjected to eviction from

any such dwelling on the sole ground that such person owns a dog or cat

which will or does reside with such person therein, provided, however,

that if after occupancy a health hazard results on account of such dog

or cat, the public health officer having jurisdiction may take such

corrective measures as are appropriate.

Discrimination against a person who is deaf or hard of

hearing who has a hearing dog. No person who is deaf or hard of hearing

shall be denied occupancy in a dwelling in any project or be subjected

to eviction from any such dwelling on the sole ground that such person

owns a hearing dog as defined in section forty-seven-b of the civil

rights law, provided, however, that if after occupancy a health hazard

results on account of such dog, the public health officer having

jurisdiction may take such corrective measures as may be appropriate.

Pending actions or proceedings. This chapter or anything

therein contained shall not affect or abate any actions, proceedings,

civil or criminal, pending at the time when this chapter shall take

effect, brought by, for or against the state, the state board of

housing, any municipality, authority or limited-dividend housing

corporation, under or in pursuance of the provisions of the laws

repealed by this chapter; but all such actions or proceedings may be

continued, prosecuted, conducted and completed notwithstanding that

functions, powers and duties of any agency, officer or party thereto may

by this chapter be assigned or transferred to another agency or officer

and as if such laws were not repealed but continued to be fully

effective.

Saving clause. The repeal of the laws as specified in section

two hundred twenty-seven and any other provisions of this chapter, shall

not affect or impair any contract or remedy, or any act done or any

right accruing, accrued or acquired, taxes, tax obligations, or

exemptions from taxation, the validity of or rights as to taxes

collected or proceeds thereof or the validity as to any acts done or

rights or exemptions accruing, accrued or acquired under any tax laws,

general, local or special, or any penalty, forfeiture or punishment

under or by virtue of the laws so repealed and in existence prior to the

time when this chapter or any section thereof takes effect, but the same

may be asserted, enforced, prosecuted or inflicted and for such purposes

all of the laws specified in section two hundred twenty-seven are hereby

continued in full force and effect.

Transfer of records. The division of housing in the executive

department is hereby continued. Notwithstanding the provisions of the

state housing law, the term of office of all members of the state

housing board in existence prior to the enactment of this chapter and of

officers and employees of such board shall expire on July first,

nineteen hundred thirty-nine. All of the files, papers, documents and

property of the state housing board in existence prior to the enactment

of this chapter shall be transferred to the commissioner.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed,

except as provided in sections one hundred ninety-three and two hundred

twenty-five.

Laws of Chapter Sections

1926 ....................... 823 .................. All

1927 ....................... 35 .................. All

1928 ....................... 722 .................. All

1930 ....................... 872 .................. All

1931 ....................... 557 .................. All

1931 ....................... 558 .................. All

1932 ....................... 507 .................. All

1933 ....................... 802 .................. All

1934 ....................... 4 .................. All

1934 ....................... 540 .................. All

1935 ....................... 310 .................. All

1937 ....................... 207 .................. All

1937 ....................... 738 .................. All

1938 ....................... 218 .................. All

1938 ....................... 270 .................. All

1938 ....................... 395 .................. All

1938 ....................... 461 .................. All

1938 ....................... 489 .................. All

When to take effect. This act shall take effect July first,

nineteen hundred thirty-nine.

Short title. This act shall be known and may be cited as the

"public housing drug elimination act".

Legislative findings. The legislature finds that:

(1) the state has a duty to provide public housing that is decent,

safe, and free from illegal drugs;

(2) public housing projects in many areas suffer from rampant

drug-related crime;

(3) drug dealers are increasingly imposing a reign of terror on public

housing tenants;

(4) the increase in drug-related crime not only leads to murders,

muggings, and other forms of violence against tenants, but also to a

deterioration of the physical environment that requires substantial

government expenditures; and

(5) local law enforcement authorities often lack the resources to deal

with the drug problem in public housing particularly in light of the

recent reductions in federal aid to cities.

Authority to make grants. The commissioner, in accordance with

the provisions of this article, may make grants to public housing

authorities or agencies for use in eliminating drug-related crime in

public housing projects.

Eligible activities. A public housing authority or agency may

use a grant under this article for:

(1) the employment of security personnel in public housing projects;

(2) reimbursement of local law enforcement agencies for additional

security and protective services for public housing projects;

(3) physical improvements in public housing projects which are

specifically designed to enhance security;

(4) the employment of one or more individuals:

(a) to investigate drug-related crime on or about the real property

comprising any public housing project; and

(b) to provide evidence relating to any such crime in any

administrative or judicial proceeding;

(5) the provision of training, communications equipment, and other

related equipment for use by voluntary public housing tenant patrols

acting in cooperation with local law enforcement officials;

(6) innovative programs designed to reduce use of drugs in and around

public housing projects; and

(7) providing funding to nonprofit public housing resident management

corporations and tenant councils to develop security and drug abuse

prevention programs involving site residents.

Applications. (1) To receive a grant under this article, a

public housing authority or agency shall submit an application to the

commissioner at such time, in such manner, and accompanied by such

additional information as the commissioner may reasonably require. Such

application shall include a plan for addressing the problem of

drug-related crime on the premises of public housing projects

administered by the public authority or agency.

(2) The commissioner shall approve applications under this article

based upon:

(a) the extent of the crime problem in the facilities of the public

housing project;

(b) the quality of the plan of the public housing authority or agency

to address crime in public housing projects;

(c) the capability of the public housing authority or agency to carry

out the plan; and

(d) the extent to which the local government and local community

support the anti-crime activities of the public housing authority or

agency.

Definitions. For purposes of this article, the following terms

shall have the following meanings:

(1) "Controlled substance" shall have the same meaning given such term

in section thirty-three hundred six of the public health law.

(2) "Drug-related crime" shall mean the illegal manufacture, sale,

distribution, use, or possession with intent to manufacture, sell,

distribute, or use, a controlled substance.

Validation. The creation and establishment of the New York

City Housing Authority under the provisions of article five of the

former state housing law, together with all proceedings, acts and things

undertaken, performed or done with reference thereto, are hereby

validated, ratified, confirmed, approved and declared legal in all

respects, notwithstanding any want of statutory authority or any defect

or irregularity in such acts or proceedings.

New York City Housing Authority. The New York City Housing

Authority is hereby constituted and declared to be a body corporate and

politic with all the powers, rights and duties set forth in article five

of the former state housing law.

Special provisions with respect to the New York City Housing

Authority. 1. It is hereby found and declared, as a result of

investigation and study, that enactment of the provisions hereinafter

set forth is necessary for reorganization of the authority to enable it

to (a) institute improved management procedures; (b) bring about more

efficient methods of maintenance and supervision of projects; (c) foster

prompt and sound solution of problems relating to occupancy of projects;

(d) undertake administration of personnel in consonance with the size

and scope of the authority's functions. It is further found and declared

that private enterprise should be encouraged to the greatest extent

possible to enter the field of housing in which the authority now

operates so that the authority may be able to concentrate its activities

at the earliest possible moment on providing housing exclusively for the

lower income families.

2. Notwithstanding any provisions to the contrary contained in this

chapter, or any general, special or local law, the provisions of this

section shall govern the number, appointment, removal and compensation

of the members of the New York City Housing Authority.

3. The authority shall consist of seven members appointed by the

mayor, one of whom shall be designated by the mayor as chairman

removable at his or her pleasure. The term of office of each member

other than the chairman shall be three years, provided, however, that

the initial appointments of the six members other than the chairman

shall be as follows: two shall be appointed for one-year terms, two

shall be appointed for two-year terms, and two shall be appointed for

three-year terms. The mayor shall file with the commissioner of housing

a certificate of appointment of the chairman and of each member. Any

member other than the chairman may be removed by the mayor upon filing

in the office of the commissioner of citywide administrative services

and serving upon the member the reasons therefor. Such document setting

forth the reasons shall be made available to the general public, which

shall include but not be limited to publishing the reasons on the New

York city housing authority's website. Three of such members shall be a

tenant of record or an authorized member of the tenant household, in

good standing, residing in one of the federal projects owned or operated

by the authority, provided, however, that for the initial appointments

of the three such members, one shall be among the members initially

appointed for one-year terms, one shall be among the members initially

appointed for two-year terms, and one shall be among the members

initially appointed for three-year terms. A vacancy in the office of a

member other than the chairman occurring otherwise than by expiration of

term shall be filled for the unexpired term. Further, any vacancy in the

office of a tenant member shall only be filled by the appointment of an

eligible tenant member, and such appointment shall be made within ninety

days of such vacancy.

4. The chairman shall give his or her whole time to his or her duties

and shall not engage in any other occupation, profession or employment.

The chairman shall receive a salary the amount of which shall be fixed

by local law. The other members of the authority shall receive a stipend

in the amount of two hundred fifty dollars for every four hours of work

performed for the authority, not to exceed one thousand five hundred

dollars per month.

5. Notwithstanding any provisions to the contrary contained in this

chapter, or any general, special or local law, the New York city housing

authority shall have the power in its discretion to provide and maintain

a housing police department and a uniformed housing police force. Such

department and force shall have the power and it shall be their duty, in

and about housing facilities, to preserve the public peace, prevent

crime, detect and arrest offenders, suppress riots, mobs and

insurrections, disperse unlawful or dangerous assemblages and

assemblages which obstruct free passage; protect the rights of persons

and property; guard the public health; remove all nuisances; enforce and

prevent violation of all laws and ordinances; and for these purposes to

arrest all persons guilty of violating any law or ordinance and shall

provide for the performance, without unnecessary delay, of all

recording, fingerprinting, photographing and other preliminary police

duties. Appointments to such housing police force shall be made in

accordance with applicable provisions of the civil service law and only

persons who have never been convicted of a felony, and who are citizens

of the United States shall be appointed housing patrol officers on the

housing police force. Each member of such force shall be a police

officer as defined by paragraph (e) of subdivision thirty-four of

section 1.20 of the criminal procedure law and, while on duty, shall

possess all the powers of a police officer of a city in the execution of

criminal process; and criminal process issued by any court or magistrate

of a city may be directed to and executed by a member of such force.

The authority may appoint a chief and a deputy chief of the housing

police department who, in the discretion of the authority, may be

selected from the ranks of the housing police force, and assign powers

and duties to them and fix their compensation. The chief shall be the

head of such department. During the absence or disability of the chief,

the deputy chief shall possess all the powers and perform all the duties

of the chief. The housing police force shall consist of captains,

lieutenants, sergeants and patrolmen. The authority shall maintain a

division for detective purposes to be known as the detective division

and may, from time to time, detail to service in said division as many

members of the force as it may deem necessary, and may at any time

within three years of appointment revoke any such detail or a part

thereof. If the authority, in its discretion, dissolves the housing

authority police department and the housing authority police force, the

division for detective purposes shall also be dissolved. Any member of

the force while so detailed may be granted an increase in salary above

the grade established for his rank in the uniformed force, but shall

retain his rank in the force and shall be eligible for promotion the

same as if serving in the uniformed force, and the time during which he

serves in such division shall count for all purposes as if served in his

rank or grade in the uniformed force.

5-a. Receipt of line of duty pay. a. A member of the New York city

housing authority police force in the rank of police officer, other than

an officer who is detailed or designated as a detective or who holds the

position of sergeant or any position of higher rank in such force, shall

be entitled pursuant to this section to the full amount of his or her

regular salary for the period of any incapacity due to illness or injury

incurred in the performance and discharge of duty as a police officer,

as determined by the authority.

b. A member of the New York city housing authority police force who is

detailed or designated as a detective or who holds the position of

sergeant or any position of higher rank in such force shall be entitled

pursuant to this section to the full amount of his or her regular salary

for the period of any incapacity due to illness or injury incurred in

the performance and discharge of duty as a member of the force, as

determined by the authority, only in the event that a collective

bargaining agreement granting such entitlement pursuant to this section

has been entered into by the authority and the certified employee

organization representing such member. The first entitlement of any such

member of the New York city housing authority police force to the full

amount of regular salary under this section shall commence on the date

of execution of the collective bargaining agreement providing for such

entitlement with respect to such member.

c. Nothing in this section shall be construed to affect the rights,

powers and duties of the authority pursuant to any other provision of

law, including, but not limited to, the right to discipline a police

officer by termination, reduction of salary, or any other appropriate

measure; the power to terminate an appointee who has not completed his

or her probationary term; and the power to apply for ordinary or

accident disability retirement for a police officer.

d. Nothing in this section shall be construed to require payment of

salary to a member of the New York city housing authority police force

who has been terminated, retired, suspended or otherwise separated from

service by reason of death, retirement or any other cause.

e. A decision as to eligibility for benefits pursuant to this section

shall not be binding on the medical board or the board of trustees of

any pension fund in the determination of eligibility for an accident

disability or accidental death benefit.

f. As used in this section the term "incapacity" shall mean the

inability to perform full, limited, or restricted duty.

6. In addition to all other powers granted by this chapter, the New

York city housing authority shall have the power to act as and be and

become a "developer", as that term is defined in subdivision nine of

section four hundred fifty-two of the education law, of a combined

occupancy structure, as defined in subdivision five of section four

hundred fifty-two of such law, which consists of a project, as defined

in this chapter, as well as of school accommodations or other facilities

of the board of education of the city of New York, and to be and become

an "owner", as that term is defined in subdivision fifteen-a of section

four hundred fifty-two of the education law, of the non-school portion,

consisting of a project as defined in this chapter, of such combined

occupancy structure; and to do all things necessary or convenient to

carry out such powers, including (a) construction of such combined

occupancy structure as a developer pursuant to the provisions of this

chapter and article ten of the education law, and conveyance or lease of

the school portion thereof, and (b) as an owner, making and entering

into contracts for acquisition, lease, sublease or other agreements for

or with respect to the non-school portion, consisting of a project as

defined in this chapter, pursuant to the provisions of article ten of

the education law, and acquiring the same by transfer or conveyance to

it of the fee title, or of possession under such lease, sublease or

other agreement.

6-a. a. The New York city housing authority shall include with every

lease or renewal lease offered to a prospective or current tenant, a

separate, clear and conspicuous notice, in at least sixteen-point

boldface type, concerning the tenant's ability to add additional legal

occupants to the lease agreement.

b. Upon receipt of a tenant's request for a form to add an additional

legal occupant to his or her lease agreement, the authority shall,

within seven days, provide the tenant with clear information regarding

how to apply in person or online, along with a notice informing the

tenant of the right to grieve the denial of any occupancy permission

request. Any form required by the authority to request such occupancy

permission shall be made available for review and submission in person,

on the authority's website, and through the authority's mobile

application.

c. Upon receipt of a tenant's request to add an additional legal

occupant to his or her lease agreement, the authority shall provide the

tenant, in writing, with confirmation of receipt of the application,

information regarding how the tenant may inquire as to the status of

such request, and the expected date of the authority's response to such

request.

7. The authority shall have the power, which shall be in addition to

its other powers under this chapter, to adopt rules and regulations

relating to the parking, stopping or standing of a motor vehicle within

the interior paths, roads, or grounds of its public housing projects. A

violation of such rules and regulations shall constitute a "traffic

infraction" as defined in the vehicle and traffic law, and such

violation shall be heard and tried by the parking violations bureau

established and created under and pursuant to title A of chapter forty

of the administrative code of the city of New York, as added by chapter

one thousand seventy-five of the laws of nineteen hundred sixty-nine.

Such rules and regulations shall not be effective until filed as

required by section fifty-four of this chapter and, in addition, until

filed with the clerk of the municipality in which the principal office

of the authority is located. The authority shall post appropriate signs

in specific locations within a project as to the rules and regulations

governing the parking, stopping or standing of motor vehicles at such

locations.

8. All provisions of this chapter applicable to the New York City

Housing Authority and not inconsistent with the provisions of this

section shall continue to apply to such authority.

9. The chairman shall ensure that at every meeting of the authority

the public shall be allotted a period of time, not less than thirty

minutes, to speak on any topic on the agenda.

10. Notwithstanding any other provision of law to the contrary, upon

the vacancy of a dwelling unit in any project operated by the authority,

such vacant dwelling unit on a lower floor shall first be made available

for occupancy to a current New York city housing authority household,

containing an authorized member of the household with a disability, as

defined by subdivision twenty-one of section two hundred ninety-two of

the executive law, that affects mobility and based on either the

tenant's preference to move to a first-or-second-floor unit and to

remain within their project or to transfer elsewhere, and based on the

tenant's position on the authority's transfer waiting list; or to

provide reasonable accommodation to a current New York city housing

authority household, containing an authorized member of the household

with a disability, as defined by subdivision twenty-one of section two

hundred ninety-two of the executive law, that affects mobility to

transfer to a lower floor within their project or to a lower floor

elsewhere, if the request is supported by medical documentation, and

based on the tenant's position on the authority's transfer waiting list.

The New York city housing authority may give higher preference to

individuals requiring an emergency transfer because their units have

become uninhabitable.

11. Except where such exclusion is required pursuant to any federal

law or rule or regulation, no person shall be denied occupancy in a

dwelling in any project or be subjected to eviction from any such

dwelling on the sole ground that such person is a formerly incarcerated

individual.

Defense and indemnification in civil actions against

employees of the New York city housing authority. 1. As used in this

section, the term "employee" shall mean the members, including the

chairman of the New York city housing authority appointed by the mayor

of the city of New York, officers, employees, or a former employee, his

or her estate or judicially appointed personal representative. The term

"employee" shall not include an independent contractor.

2. At the request of the employee, and upon compliance by the employee

with the provisions of this section, the New York city housing authority

shall provide for the defense of an employee in any civil action or

proceeding in any state or federal court, arising out of any alleged act

or omission which the New York city housing authority finds occurred

while the employee was acting within the scope of his or her public

employment and in the discharge of his or her public duties and was not

in violation of any rule or regulation of the New York city housing

authority at the time the alleged act or omission occurred. This duty to

provide for a defense and indemnification shall not arise where such

civil action or proceeding is brought by or on behalf of the New York

city housing authority against the employee. A member of the New York

city housing authority police force, when within the geographical limits

of his or her jurisdiction, although excused from official duty at the

time, for the purposes of this section, shall be deemed to be acting in

the discharge of duty when engaged in the immediate and actual

performance of a public duty imposed by law and such public duty

performed was for the benefit of all the citizens of the community, and

the New York city housing authority derived no special benefit in its

corporate capacity.

3. The New York city housing authority shall indemnify and save

harmless its employees in the amount of any civil judgment obtained

against such employees in any state or federal court, or in the amount

of any settlement of a claim approved by the New York city housing

authority provided that the act or omission from which such judgment or

settlement arose occurred while the employee was acting within the scope

of his or her public employment and in the discharge of his or her

public duties and was not in violation of any rule or regulation of the

New York city housing authority at the time the alleged damages were

sustained.

4. The duty to indemnify and save harmless prescribed by this section

shall not arise where the injury or damage resulted from an intentional

wrongdoing, or recklessness on the part of the employee.

5. Nothing in this section shall authorize the New York city housing

authority to indemnify or save harmless an employee with respect to

punitive or exemplary damages, fines or penalties.

6. The duty to defend and indemnify and save harmless prescribed by

this section shall be conditioned upon (i) delivery by the employee to

the chairman, general manager or general counsel of the New York city

housing authority at the office of the New York city housing authority

of the original or a copy of any summons, complaint, claim, process,

notice, demand or pleading within ten days after the employee is served

with such document, and (ii) the full cooperation of the employee in the

defense of such action or proceeding and in defense of any action or

proceeding against the New York city housing authority based upon the

same act or omission, and in the prosecution of any appeal. Such

delivery shall be deemed a request by the employee that the New York

city housing authority provide for his or her defense pursuant to this

section. In the event that the New York city housing authority shall

assume an employee's defense and thereafter the employee fails or

refuses to cooperate in the formation or presentation of his or her

defense, the court shall permit the New York city housing authority to

withdraw its representation ten days after giving written notice to the

employee of its intention to discontinue such representation.

7. In the event that the act or omission upon which the court

proceeding against the employee is based was or is also the basis of a

disciplinary proceeding by the New York city housing authority against

the employee, representation and indemnification by the New York city

housing authority, as set forth in this section, may be withheld (i)

until such disciplinary proceeding has been resolved and (ii) unless the

resolution of the disciplinary proceeding exonerated the employee as to

such act or omission.

8. Subject to the conditions set forth in this section, the employee

shall be entitled to representation by the general counsel of the New

York city housing authority or by any attorney or attorneys designated

by the general counsel, provided, however, that the employee shall be

entitled to be represented by private counsel of his or her choice in

any civil action or proceeding whenever the New York city housing

authority determines that representation would be inappropriate, or

whenever a court, upon appropriate motion or otherwise by a special

proceeding, determines that a conflict of interest exists and that the

employee is entitled to be represented by private counsel of the

employee's choice. The general counsel of the New York city housing

authority shall notify the employee in writing of such determination

that the employee is entitled to be represented by private counsel.

Provided, however, that the New York city housing authority may require,

as a condition to payment of the fees and expenses of such

representation, that appropriate groups of such employees be represented

by the same counsel. Reasonable attorneys' fees and litigation expenses

shall be paid by the New York city housing authority to such private

counsel from time to time during the pendency of the civil action or

proceeding.

9. Any dispute with respect to representation of multiple employees by

a single counsel or the reasonableness of attorneys' fees or the amount

of litigation expenses shall be resolved by the court upon motion or by

way of a special proceeding.

10. The benefits of this section shall inure only to employees as

defined herein and shall not enlarge or diminish the rights of any other

party nor shall any provision of this section be construed to affect,

alter or repeal any provision of the workers' compensation law.

11. The provisions of this section shall not be construed in any way

to impair, alter, limit or modify the rights and obligations of any

insurer under any policy of insurance.

12. Except as otherwise specifically provided in this section, the

provisions of this section shall not be construed in any way to impair,

alter, limit, modify, abrogate or restrict any immunity available to or

conferred upon any unit, entity, member, officer or employee of the New

York city housing authority, or any right to defense and/or

indemnification provided for any member, officer or employee by, in

accordance with, or by reason of, any other provision of state, federal

or local law or common law.

13. Every action or proceeding instituted pursuant to the provisions

of this section shall be commenced pursuant to section one hundred

fifty-seven of this chapter and within one year and ninety days. No

action or proceeding instituted pursuant to the provisions of this

section shall be prosecuted or maintained against the New York city

housing authority, or an officer or employee thereof, unless notice of

claim or demand shall have been made and served upon the New York city

housing authority in compliance with section one hundred fifty-seven of

this chapter and within ninety days after the claim arises.

14. If any provision of this section or the application thereof to any

person or circumstance be held unconstitutional or invalid, in whole or

in part by any court, such holding of unconstitutionality or invalidity

shall in no way affect or impair any other provision of this section or

the application of any such provision to any other person or

circumstance.

15. The provisions of this section shall apply to the actions and

proceedings set forth herein notwithstanding any inconsistent provisions

of state or local law.

Power of authority to enter into mixed-finance transactions

to continue viability of public housing. 1. Legislative findings and

declaration. The legislature finds and declares that the state has a

vital interest in the continued viability of public housing. It is

necessary to ensure that public housing continues to serve low-income

individuals and families who would otherwise face homelessness or be

forced into unsafe or unsanitary housing. Public housing functions as a

safety net for persons most in need of safe, decent and affordable

housing. The legislature further finds that the New York city housing

authority has made, and continues to make, a concerted effort to provide

public housing to individuals and families in need. Certain projects

owned by the New York city housing authority have suffered deterioration

over time, and the housing authority does not have sufficient resources

to address this deterioration. An infusion of private capital is

necessary to ensure the continued success and long term viability of

these projects. The legislature further finds that bringing state

financed public housing operated by the New York city housing authority

within the public housing subsidized by the federal government, by

utilizing the federal American Recovery and Reinvestment Act of 2009,

will allow the New York city housing authority to enter into mixed

finance transactions, which will result in receiving new operating and

capital subsidies from the federal government and preserve the units as

public housing. The legislature also finds that tenants living in the

projects that have been financed by the city of New York, commonly known

as Marble Hill Houses, St. Mary's Park Houses, Bay View Houses,

Boulevard Houses, Linden Houses and Samuel Houses, located in the city

of New York, counties of Bronx, Kings and New York, will, through

multiple contracts and agreements among the New York city housing

authority, investment partners and the federal government, be afforded

the same protections as tenants living in the projects listed in

subdivision two of this section. The legislature therefore finds and

declares that enactment of this section would enable redevelopment and

rehabilitation of those certain New York state and New York city

financed projects owned by the New York city housing authority, and the

continued operation of said projects for persons and families of low

income.

2. Upon approval by the commissioner of the division of housing and

community renewal, the New York city housing authority is hereby

authorized to sell or lease all or part of the residential buildings

within the projects commonly known as Marlboro Houses, Chelsea Houses,

Castle Hill Houses, 344 East 28th Street, Amsterdam Addition, Bushwick

Houses, Stephen Wise Towers, Arthur H. Murphy Houses, Baychester Houses,

Jonathan Williams Plaza, Drew-Hamilton Houses, Independence Towers,

Rutgers Houses, Stapleton Houses and Manhattanville Houses, located in

the city of New York, counties of Bronx, Kings, New York and Richmond,

upon such terms and conditions and in such manner as the New York city

housing authority may deem appropriate and in compliance with the

provisions of this section. The commissioner of the division of housing

and community renewal shall not grant such approval unless he or she

makes a finding that such sale or lease will enable the projects to be

redeveloped and operated in such manner as to provide decent, safe and

sanitary housing within the financial reach of persons and families of

low income and a further finding that new federal assistance is

significantly more likely to be available to the projects listed in this

section if such approval is granted. There shall be no requirement for a

finding by the commissioner of the division of housing and community

renewal that provisions have been made to pay or otherwise assure

payment or retirement of all bonds, notes and other obligations

heretofore issued to finance the projects or a portion thereof, provided

that the sale or lease of the projects is part of a comprehensive plan

of rehabilitation and/or restructuring which includes the provision of

housing for persons and families of low income. The sale or lease of all

or part of the residential buildings within the projects enumerated in

this section shall be made subject to all pertinent federal statutory,

executive orders, consent orders and regulatory requirements, as those

requirements may be amended from time to time, and contracts and

agreements which shall be recorded against and which shall run with the

land, including a regulatory and operating agreement and a declaration

of restrictive covenants requiring the operation and maintenance of such

residential projects in compliance with federal requirements, and

amendments to a certain mixed-finance amendment to the consolidated

annual contributions contract between the New York city housing

authority and the United States department of housing and urban

development (collectively, the "applicable public housing

requirements").

3. (a) All applicable public housing requirements pertaining to

federal public housing projects shall apply to the projects listed in

subdivision two of this section, including but not limited to all

procedural and substantive due process requirements, restrictions on

evictions except for just cause, the right to automatic renewals of

leases, and the right to meaningful input in matters concerning tenants;

Section 8 units shall be subject to the voluntary conversion agreement

and management plan approved by the United States department of housing

and urban development on September eleventh, two thousand eight, and as

it may be amended from time to time. The public housing and Section 8

leases of tenants in occupancy of the projects listed in subdivision two

of this section on the date of sale or lease of such projects shall

remain in effect, except as such leases may be modified or assigned to

reflect changes in the ownership of project buildings. Each such tenant

shall enjoy the same rights and obligations as other tenants with public

housing leases occupying dwelling units in the housing projects owned

and operated by the New York city housing authority that are not listed

in subdivision two of this section, or pursuant to Section 8 leases

supported by Section 8 vouchers, except as provided by paragraph (b) of

this subdivision. Each project owner and the New York city housing

authority shall be jointly and severally obligated to provide and

protect the rights set forth herein.

(b) All units in projects listed in subdivision two of this section

where there has been an allocation of federal low-income housing tax

credits, during the required federal regulatory compliance periods

applicable to such federal low-income housing tax credits, shall upon

vacancy be rented by persons or families whose income does not exceed

sixty percent of area median income at a rent, including utilities, not

to exceed thirty percent of the household's adjusted gross income. All

other units shall upon vacancy be rented by persons or families whose

income does not exceed eighty percent of area median income at a rent,

including utilities, not to exceed thirty percent of the household's

adjusted gross income. All income guidelines applicable to federal

public housing projects shall apply to projects listed in subdivision

two of this section. Each such tenant shall enjoy the same rights and

obligations as other tenants with public housing leases occupying

dwelling units in the housing projects owned and operated by the New

York city housing authority that are not listed in subdivision two of

this section, or pursuant to Section 8 leases supported by Section 8

vouchers, except as provided by this paragraph.

(c) All tenants who reside in the housing projects listed in

subdivision two of this section prior to the sale or lease of such

project shall be entitled to remain in their current apartments,

provided that such tenant or tenants comply with the terms and

conditions of their leases and meet all applicable federal income

guidelines. Each such tenant shall enjoy the same rights and obligations

as other tenants with public housing leases occupying dwelling units in

the housing projects owned and operated by the New York city housing

authority that are not listed in subdivision two of this section, or

pursuant to Section 8 leases supported by Section 8 vouchers, except as

provided by paragraph (b) of this subdivision.

(d) For each project listed in subdivision two of this section, all

units occupied by persons of low income shall be physically integrated

with all other units in the project. They shall share common means of

access, services and amenities equally with all other units and shall in

no way be physically or otherwise set apart from all other units in the

project.

(e) All prospective public housing and Section 8 tenants shall be

selected from a waiting list which shall be maintained by the New York

city housing authority in compliance with the federal public housing and

Section 8 laws and all applicable rules and regulations. The New York

city housing authority and each respective project owner shall screen

tenants and jointly have final approval over tenant selection all in

accordance with aforementioned laws, rules and regulations. All

prospective public housing tenants shall be taken from the waiting list

in the order in which they applied for the size appropriate unit,

subject however to preferences and priorities provided for in the public

housing law and all applicable rules and regulations.

(f) The entity that acts as the managing member or general partner of

the respective owner of each project listed in subdivision two of this

section following transfer of such project, shall at all times be a

not-for-profit housing development fund corporation wholly owned by the

New York city housing authority and shall be established under article

eleven of the private housing finance law. The board of directors of

such housing development fund corporation shall be composed of the

chairperson of the New York city housing authority and the duly

appointed members of such authority.

(g) The entity that owns any project or assists in the management of

any project may include an entity exempt from federal income taxes under

section 501(c)3 of the Internal Revenue Code of 1986 as amended, or its

wholly owned subsidiary.

(h) The provisions of this section may be enforced by any party

aggrieved by a violation of such provisions.

(i) In the case where there is an allocation of federal low income

housing tax credits in connection with a sale or lease of the project,

the fee payable to the project developer shall not exceed twelve percent

of the total development cost, provided however, that the fee payable to

such developer may be increased to the maximum percentage permitted

under regulations promulgated by the division of housing and community

renewal if the developer assumes additional financial risk. Such

increase shall not be granted (i) for risk the developer is customarily

required to assume or guarantees which the developer is customarily

required to provide by industry practice, (ii) for any risks or

guarantees which parties other than the developer would ultimately bear,

or (iii) if the cost of such risks or guarantees would be paid from

governmental grants, loans, subsidies or other governmental funds. The

foregoing limitation shall not apply to any portion of a developer fee

paid to the housing authority.

(j) The provisions of this section shall be applicable to each of the

projects delineated in subdivision two of this section commencing on the

closing date of the sale or lease of each respective project in

compliance with applicable law and shall be binding on all owners and

operators of such project.

4. State subsidies available to the projects listed in subdivision two

of this section in connection with the bonds, notes or other obligations

heretofore issued to finance the cost thereof may, subject to annual

appropriation and upon compliance with the provisions of this section,

continue to be used to pay the debt service on such bonds, notes or

other obligations, subject to such terms and conditions as the

commissioner of the division of housing and community renewal may deem

appropriate.

5. The New York city housing authority shall be required to develop

and circulate a notice to all tenants of public housing projects listed

in subdivisions one and two of this section. The notice shall contain

information regarding the transfer and federalization process, as well

as notice that tenants' rights to occupancy and due process shall

continue as they existed prior to the transfer.

6. The New York city housing authority, shall provide the commissioner

of the division of housing and community renewal, the speaker of the

assembly, the temporary president of the senate, the minority leader of

the assembly, the minority leader of the senate, the chair of the

assembly housing committee, and the chair of the senate housing,

construction, and community development committee copies of the annual

project activity report or any substantially similar annual report that

it is required to submit to the United States department of housing and

urban development that is related to the projects listed in subdivisions

one and two of this section.

* § 402-c. Notice upon denial of request. The New York city housing

authority shall provide a tenant, upon the denial of any request that

would permit a tenant to institute a grievance procedure, with a written

notice specifically articulating its reasons for such denial. Any such

notice shall also inform a tenant of the right to grieve a request

denial and the process by which such tenant may institute a grievance

procedure.

* NB There are 2 § 402-c's

The governor may issue an executive order, pursuant to

article two-B of the executive law and subject to the availability of a

state appropriation, which shall govern the examination and remediation

of conditions, including the construction or reconstruction as may be

required, of residential properties owned by the authority and the

development and execution of a plan to remediate such conditions.

Disruption of vital services. 1. (a) In order to ensure

compliance and enforcement of the New York city housing authority's duty

to provide heat, water, electricity, gas, where provided and elevator

service, the New York city housing authority shall publish information

regarding reported disruptions in such services, the length of such

disruptions and the steps taken to restore services and shall remedy

interruptions of gas service in accordance with subdivision five of this

section. Starting on May first, two thousand twenty, the New York city

housing authority shall publish such information on its website. For six

months after the original publication date, the New York city housing

authority shall retain such information on its website.

(b) When a public utility or local, state or federal agency advises

the New York city housing authority that certain residents of such

authority should avoid the use of water for drinking or cooking, such

authority shall provide written notice, in electronic and paper form, of

such advice to the indicated residents and the resident association

president or other formally recognized resident leader for the indicated

development as soon as practical but no later than twenty-four hours

after such authority has received such advice.

1-a. The New York city housing authority shall establish appropriate

measures, procedures, and guidelines, such as contract requirements and

enforcement mechanisms, to ensure that all of its contractors and

subcontractors, when collecting or examining water samples on behalf of

such authority, comply with all federal, state, and local laws, rules,

and regulations applicable to such collection or examination, including

the provisions of section five hundred two of the public health law.

2. No later than April first, two thousand twenty, the New York city

housing authority shall meet with representatives of the housing part of

the New York city civil court, a representative of public housing

tenants from each borough in the city of New York, and a representative

of a legal services provider with experience representing public housing

tenants in the housing part of the New York city civil court, in order

to review and comment on the New York city housing authority's proposed

additions to its website as described in subdivision one of this

section.

3. Nothing in this section shall be deemed to limit or modify the

manner in which a tenant may report unscheduled interruption in services

to their particular unit when not associated with a broader building or

development unscheduled interruption of services, or to limit the

applicability of the warranty of habitability to New York city housing

authority apartments or to limit the authority of the New York city

council to legislate in the area of housing code violations or with

respect to the New York city department of housing preservation and

development.

4. Nothing in this section shall be deemed to limit or modify the

obligation of the department of housing preservation and development to

inspect and verify the existence of conditions of all kinds in the New

York city housing authority.

5. (a) The New York city housing authority shall remedy an

interruption of gas service as expeditiously as practicable by applying

for any permits necessary to make repairs, as applicable, and

coordinating with agencies and gas corporations on a plan to restore

such service.

(b) The New York city housing authority shall notify residents

affected by any such interruption of the plan to restore such service

developed pursuant to paragraph (a) of this subdivision by:

(i) Communicating such plan to residents affected by such interruption

as well as the resident association president or other formally

recognized resident leader;

(ii) Regularly scheduling meetings to update residents affected by

such interruption, as well as the resident association president or

other formally recognized resident leader, about the progress made on

such plan; and

(iii) Posting a notice in the lobby of the building affected by such

interruption describing the interruption and estimating the date on

which service by the gas corporation shall be restored.

Searchable ticket database. 1. When residents call and file

complaints and/or file a complaint online with the authority, the

authority shall assign the complaint a ticket number. The authority

shall then make available this complaint and corresponding ticket number

on their website and over the phone in a public database which is

searchable by ticket number. Each searchable ticket number shall provide

the following information:

(a) explanation of the complaint;

(b) current status of the ticket;

(c) whether or not the ticket is still open or closed;

(d) any and all action taken on the complaint;

(e) any and all action taken towards solving the complaint;

(f) next steps to be taken, if known; and

(g) any additional information the authority chooses to provide aside

from the mandatory information required under this section.

2. The database shall exclude all personal information such as

apartment numbers, names of residents, and any other identifying

information.

* § 402-g. Contracting with minority and women owned enterprises and

small businesses. Notwithstanding any provision of article eight of this

chapter or any other provision of law, the authority is authorized to

establish and implement reasonable procedures to secure the meaningful

participation of minority and women owned enterprises and small

businesses in its procurement process, and may use the same measures to

enhance small business participation as are available to the city of New

York pursuant to section thirteen hundred nine of the New York city

charter, except to the extent inconsistent with federal law and any

funding requirements that preclude the authority from implementing the

provisions of this section. Upon written consent of the authority, the

authority shall be subject to the rules and goal authorized under

subdivision g of section thirteen hundred nine of such charter with

respect to a mentoring program established pursuant to this section,

provided that after execution of such written consent, the NYCHA CEO, as

such term is defined in subdivision fifteen of section six hundred

twenty-seven of this chapter, and the city, acting by the mayor, may

enter into a memorandum of understanding relating to mentoring

opportunities authorized under this section.

* NB Repealed February 22, 2034

Succession rights. 1. The policies and procedures of the New

York city housing authority include, and shall continue to include,

policies and procedures allowing individuals to claim succession rights

to public housing units in properties owned and operated by the New York

city housing authority upon the permanent departure or death of the

tenant of record from the unit.

2. The New York city housing authority shall establish written

policies and procedures for asserting succession rights consistent with

the requirements of applicable federal, state, and local laws,

regulations, and guidance, as they may change from time to time. Such

written policies and procedures shall also be consistent with the New

York city housing authority's occupancy standards. Such policies and

procedures shall include, but not be limited to:

(a) eligibility requirements for lease succession;

(b) relocation requirements, if any, arising out of lease succession;

(c) the requirement to pay use and occupancy during the pendency of

succession rights proceedings; and

(d) the right to an administrative grievance of the New York city

housing authority's denial of succession rights, except as limited by

the New York city housing authority's succession rights policies and

procedures.

3. The New York city housing authority shall issue notice in writing

of substantive changes to its succession rights policies and procedures

at least thirty days prior to implementing those changes, and shall

afford an opportunity to provide written comments with respect to the

proposed changes. The New York city housing authority shall consider

written comments prior to implementation of the proposed changes.

Validation. The creation and establishment of the Buffalo

Municipal Housing Authority under the provisions of article five of the

former state housing law, together with all proceedings, acts and things

undertaken, performed or done with reference thereto, are hereby

validated, ratified, confirmed, approved and declared legal in all

respects, notwithstanding any want of statutory authority or any defect

or irregularity in such acts or proceedings.

Buffalo Municipal Housing Authority. The Buffalo Municipal

Housing Authority is hereby constituted and declared to be a body

corporate and politic with all the powers, rights and duties set forth

in article five of the former state housing law. Notwithstanding any

inconsistent provision of law, any member of such authority appointed or

reappointed by the mayor of Buffalo shall be subject to confirmation by

a majority vote of the common council of such city.

Validation. The creation and establishment of the municipal

housing authority of the city of Schenectady under the provisions of

article five of the former state housing law, together with all

proceedings, acts and things undertaken, performed or done with

reference thereto, are hereby validated, ratified, confirmed, approved

and declared legal in all respects, notwithstanding any want of

statutory authority or any defect or irregularity in such acts or

proceedings.

Schenectady Municipal Housing Authority. The municipal housing

authority of the city of Schenectady is hereby constituted and declared

to be a body corporate and politic with all the powers, rights and

duties as set forth in article five of the former state housing law.

New Rochelle Municipal Housing Authority. A municipal housing

authority, to be known as the New Rochelle Municipal Housing Authority,

is hereby established for the accomplishment of any or all of the

purposes specified in article eighteen of the constitution of the state

of New York. It shall constitute a body corporate and politic, be

perpetual in duration and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Freeport Housing Authority. A municipal housing authority, to

be known as the Freeport Housing Authority, is hereby created and

established for the village of Freeport in the county of Nassau for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in the

manner prescribed by and subject to the provisions of this chapter, and

the authority, its members, officers and employees and its operations

and activities shall in all respects be governed by the provisions of

this chapter. Such authority shall have perpetual duration; provided,

however, that if on February first, nineteen hundred fifty-four, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Hempstead Housing Authority. A municipal housing authority, to

be known as the Hempstead Housing Authority, is hereby created and

established for the village of Hempstead in the county of Nassau for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in the

manner prescribed by and subject to the provisions of this chapter, and

the authority, its members, officers and employees and its operations

and activities shall in all respects be governed by the provisions of

this chapter. Such authority shall have perpetual duration; provided,

however, that if on May first, nineteen hundred forty-seven, there shall

be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Rockville Centre housing authority. A municipal housing

authority, to be known as the Rockville Centre housing authority, is

hereby created and established for the accomplishment of any or all of

the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter. Such authority shall have

perpetual duration; provided, however, that if on May first, nineteen

hundred seventy, there shall be outstanding no bonds or other

obligations of such authority theretofore issued for any of the purposes

authorized in this chapter, then its corporate existence shall thereupon

terminate and such authority shall thereupon be deemed to be and shall

be dissolved.

North Tonawanda Housing Authority. A municipal housing

authority, to be known as the North Tonawanda Housing Authority, is

hereby created and established in the city of North Tonawanda in the

county of Niagara for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic and consist of

five members. It shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if, at the expiration of three years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Tonawanda Housing Authority. A municipal housing authority, to

be known as the Tonawanda Housing Authority is hereby created and

established for the city of Tonawanda in the county of Erie for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Elmira Housing Authority. A municipal housing authority, to be

known as the Elmira Housing Authority, is hereby created and established

for the city of Elmira in the county of Chemung for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter. Such authority shall have perpetual duration; provided,

however, that if, at the expiration of three years subsequent to the

time this section as hereby added takes effect, there shall be

outstanding no bonds or other obligations of such authority theretofore

issued for any of the purposes authorized in this chapter, then its

corporate existence shall thereupon terminate and such authority shall

thereupon be deemed to be and shall be dissolved.

Port Chester Housing Authority. A municipal housing authority,

to be known as the Port Chester Housing Authority is hereby established

in the village of Port Chester in the county of Westchester for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Niagara Falls Housing Authority. A municipal housing

authority, to be known as the Niagara Falls Housing Authority, is hereby

created and established in the city of Niagara Falls in the county of

Niagara for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic and consist of five

members. It shall have the powers and duties now or hereafter conferred

by this chapter upon municipal housing authorities. It shall be

organized in the manner prescribed by and subject to the provisions of

this chapter, and the authority, its members, officers and employees and

its operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if, at the expiration of three years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Rotterdam Municipal Housing Authority. A municipal housing

authority, to be known as the Rotterdam Municipal Housing Authority, is

hereby created and established for the town of Rotterdam in the county

of Schenectady, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the power and duties

now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

North Hempstead Housing Authority. A municipal housing

authority, to be known as the North Hempstead Housing Authority, is

hereby created and established for the accomplishment of any or all of

the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic and

consist of five members who shall be qualified electors of the town of

North Hempstead. It shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter. The town board of the town of North

Hempstead may appropriate and pay over to the authority out of general

town funds and as a town charge a sum not to exceed ten thousand dollars

for purposes of organization, administration, investigation, planning

and report. Such authority shall have perpetual duration; provided,

however, that if on May first, nineteen hundred fifty-one, there shall

be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Town of Tonawanda Housing Authority. A municipal housing

authority, to be known as the town of Tonawanda Housing Authority is

hereby created and established for the town of Tonawanda in the county

of Erie for the accomplishment of any and all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of three members. It shall have all the powers and duties,

now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and be

subject to the provisions of this chapter and the authority, its

members, officers, and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Mount Vernon Housing Authority. A municipal housing authority,

to be known as the Mount Vernon Housing Authority is hereby created and

established in the city of Mount Vernon in the county of Westchester for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the power and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Cheektowaga Housing Authority. A municipal housing authority,

to be known as the Cheektowaga Housing Authority, is hereby created and

established for the town of Cheektowaga in the county of Erie for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of three members. It shall have all the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Troy Housing Authority. A municipal housing authority, to be

known as the Troy Housing Authority, is hereby created and established

for the city of Troy in the county of Rensselaer for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, be perpetual in duration and consist of five

members. It shall have all the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter.

White Plains Housing Authority. A municipal housing authority,

to be known as the White Plains Housing Authority, is hereby created and

established for the city of White Plains in the county of Westchester

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have all the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized ix the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Oswego Housing Authority. A municipal housing authority, to be

known as the Oswego Housing Authority, is hereby created and established

for the city of Oswego in the county of Oswego for the accomplishment of

any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, be perpetual in duration and consist of five

members. It shall have the powers and duties now or hereafter conferred

by this chapter upon municipal housing authorities. It shall be

organized in the manner prescribed by and subject to the provisions of

this chapter, and the authority, its members, officers and employees and

its operations and activities shall in all respects be governed by the

provisions of this chapter.

Fort Edward Housing Authority. A municipal housing authority,

to be known as the Fort Edward Housing Authority, is hereby created and

established for the village of Fort Edward in the county of Washington,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Binghamton Housing Authority. A municipal housing authority,

to be known as the Binghamton Housing Authority, is hereby created and

established for the city of Binghamton in the county of Broome, for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have all the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Albany Housing Authority. A municipal housing authority, to be

known as the Albany Housing Authority, is hereby created and established

in the city of Albany in the county of Albany for the accomplishment of

any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter. Such authority shall have perpetual duration; provided,

however, that if, at the expiration of three years subsequent to the

time this section as hereby amended takes effect, there shall be

outstanding no bonds or other obligations of such authority, theretofore

issued for any of the purposes authorized in this chapter, then its

corporate existence shall thereupon terminate and such authority shall

thereupon be deemed to be and shall be dissolved.

Corning Housing Authority. A municipal housing authority, to

be known as the Corning Housing Authority, is hereby created and

established for the city of Corning in the county of Steuben for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Amsterdam Housing Authority. A municipal housing authority to

be known as the Amsterdam Housing Authority, is hereby created and

established for the city of Amsterdam in the county of Montgomery, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Ithaca Housing Authority. A municipal housing authority, to be

known as the Ithaca Housing Authority, is hereby created and established

for the city of Ithaca in the county of Tompkins, for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, be perpetual in duration and consist of five

members. It shall have all the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter.

Fulton Housing Authority. A municipal housing authority, to be

known as Fulton Housing Authority, is hereby created and established for

the city of Fulton in the county of Oswego for the accomplishment of any

or all of the purposes specified in article eighteen of the constitution

of the state of New York. It shall constitute a body corporate and

politic, be perpetual in duration and consist of five members. It shall

have the powers and duties now or hereafter conferred by this chapter

upon municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Rome Housing Authority. A municipal housing authority to be

known as the Rome Housing Authority is hereby created in the city of

Rome, in the county of Oneida, for the accomplishment of any or all of

the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic and

consist of five members and shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter. Such authority shall have

perpetual duration. Its members shall be appointed by the mayor of the

city of Rome.

Long Beach Housing Authority. A municipal housing authority,

to be known as the Long Beach Housing Authority, is hereby created and

established for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic and consist of

five members who shall be qualified electors of the city of Long Beach.

It shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in the

manner prescribed by and subject to the provisions of this chapter, and

the authority, its members, officers and employees and its operations

and activities shall in all respects be governed by the provisions of

this chapter. The city council of the city of Long Beach may appropriate

and pay over to the authority out of general city funds and as a city

charge a sum not to exceed ten thousand dollars for purposes of

organization, administration, investigation, planning and report.

Johnson City Housing Authority. A municipal housing authority,

to be known as the Johnson City Housing Authority, is hereby created and

established for the incorporated village of Johnson City in the county

of Broome for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Kingston Housing Authority. A municipal housing authority, to

be known as the Kingston Housing Authority, is hereby created and

established for the city of Kingston in the county of Ulster for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Massena Housing Authority. A municipal housing authority, to

be known as the Massena Housing Authority, is hereby created and

established for the incorporated village of Massena in the county of St.

Lawrence for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Auburn Housing Authority. A municipal housing authority, to be

known as the Auburn Housing Authority, is hereby created and established

in the city of Auburn in the county of Cayuga for the accomplishment of

any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter. Such authority shall have perpetual duration; provided,

however, that if, at the expiration of three years subsequent to the

time this section as hereby added takes effect, there shall be

outstanding no bonds or other obligations of such authority theretofore

issued for any of the purposes authorized in this chapter, then its

corporate existence shall thereupon terminate and such authority shall

thereupon be deemed to be and shall be dissolved.

Poughkeepsie Housing Authority. A municipal housing authority,

to be known as the Poughkeepsie Housing Authority, is hereby created and

established for the city of Poughkeepsie in the county of Dutchess for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Watertown Housing Authority. A municipal housing authority, to

be known as the Watertown Housing Authority, is hereby created and

established for the city of Watertown in the county of Jefferson for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Mechanicville Housing Authority. A municipal housing

authority, to be known as the Mechanicville Housing Authority, is hereby

created and established for the city of Mechanicville in the county of

Saratoga for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic and consist of five

members. It shall have the powers and duties now or hereafter conferred

by this chapter upon municipal housing authorities. It shall be

organized in the manner prescribed by and subject to the provisions of

this chapter, and the authority, its members, officers and employees and

its operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Ogdensburg Housing Authority. A municipal housing authority,

to be known as the Ogdensburg Housing Authority, is hereby created and

established for the city of Ogdensburg in the county of St. Lawrence for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in the

manner prescribed by and subject to the provisions of this chapter, and

the authority, its members, officers and employees and its operations

and activities shall in all respects be governed by the provisions of

this chapter. Such authority shall have perpetual duration; provided,

however, that if at the expiration of three years subsequent to the time

this section as hereby added takes effect, there shall be outstanding no

bonds or other obligations of such authority theretofore issued for any

of the purposes authorized in this chapter, then its corporate existence

shall thereupon terminate and such authority shall thereupon be deemed

to be and shall be dissolved.

Jamestown Housing Authority. A municipal housing authority, to

be known as the Jamestown Housing Authority is hereby created and

established for the city of Jamestown in the county of Chautauqua, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate, be perpetual in duration, and politic, and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers,

and employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Orangetown Housing Authority. A municipal housing authority,

to be known as the Orangetown Housing Authority, is hereby created and

established for the town of Orangetown in the county of Rockland, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Herkimer Housing Authority. A municipal housing authority to

be known as the Herkimer Housing Authority, is hereby created and

established for the village of Herkimer, in the county of Herkimer, New

York, for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Glen Cove Housing Authority. A municipal housing authority to

be known as the Glen Cove Housing Authority, is hereby created and

established for the city of Glen Cove, in the county of Nassau, New

York, for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Plattsburgh Housing Authority. A municipal housing authority,

to be known as the Plattsburgh Housing Authority, is hereby created and

established for the city of Plattsburgh in the county of Clinton for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Little Falls Housing Authority. A municipal housing authority,

to be known as the Little Falls Housing Authority, is hereby created and

established for the city of Little Falls in the county of Herkimer, New

York, for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Cortland Housing Authority. A municipal housing authority, to

be known as the Cortland Housing Authority, is hereby created and

established for the city of Cortland in the county of Cortland, for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have all the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Cohoes Housing Authority. A municipal housing authority, to be

known as the Cohoes Housing Authority, is hereby created and established

for the city of Cohoes in the county of Albany for the accomplishment of

any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter. Such authority shall have perpetual duration; provided,

however, that if at the expiration of five years subsequent to the time

this section as hereby added takes effect, there shall be outstanding no

bonds or other obligations of such authority theretofore issued for any

of the purposes authorized in this chapter, then its corporate existence

shall thereupon terminate and such authority shall thereupon be deemed

to be and shall be dissolved.

Niagara Housing Authority. A municipal housing authority, to

be known as the Niagara Housing Authority, is hereby created and

established for the town of Niagara in the county of Niagara, New York,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Saratoga Springs Housing Authority. A municipal housing

authority, to be known as the Saratoga Springs Housing Authority, is

hereby created and established for the city of Saratoga Springs in the

county of Saratoga for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic and consist of

five members. It shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Rensselaer Housing Authority. A municipal housing authority to

be known as the Rensselaer Housing Authority, is hereby created and

established for the city of Rensselaer in the county of Rensselaer, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

North Tarrytown Housing Authority. A municipal housing

authority to be known as the North Tarrytown Housing Authority, is

hereby created and established for the village of North Tarrytown in the

county of Westchester, for the accomplishment of any or all of the

purposes specified in article eighteen of the constitution of the state

of New York. It shall constitute a body corporate and politic, be

perpetual in duration and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Newburgh Housing Authority. A municipal housing authority to

be known as the Newburgh Housing Authority, is hereby created and

established for the city of Newburgh in the county of Orange, for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Ossining Housing Authority. A municipal housing authority to

be known as the Ossining Housing Authority, is hereby created and

established for the village of Ossining in the county of Westchester,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Rye Housing Authority. A municipal housing authority, to be

known as the Rye Housing Authority, is hereby created and established

for the city of Rye in the county of Westchester, for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, be perpetual in duration and consist of five

members. It shall have the powers and duties now or hereafter conferred

by this chapter upon municipal housing authorities. It shall be

organized in the manner prescribed by and subject to the provisions of

this chapter, and the authority, its members, officers and employees and

its operations and activities shall in all respects be governed by the

provisions of this chapter.

Salamanca Housing Authority. A municipal housing authority, to

be known as the Salamanca Housing Authority, is hereby created and

established for the city of Salamanca in the county of Cattaraugus for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in

the manner prescribed by and subject to the provisions of this chapter,

and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Greenburgh Housing Authority.--A municipal housing authority,

to be known as the Greenburgh Housing Authority is hereby created and

established for the town of Greenburgh in the county of Westchester for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members.

Such authority shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and subject to the provisions

of this chapter, and the authority, its members, officers and employees

and its operations and activities shall in all respects be governed by

the provisions of this chapter. Such authority shall have perpetual

duration.

Validation. The creation, establishment and organization of

the Mount Kisco housing authority under chapter forty of the laws of

nineteen hundred fifty-four and chapter nine hundred thirteen of the

laws of nineteen hundred fifty-seven, together with all the proceedings,

acts and things undertaken, performed or done with reference thereto,

are hereby validated, ratified, confirmed, approved and declared legal

in all respects, notwithstanding any want of statutory authority,

expiration of corporate existence, or any defect or irregularity in such

acts or proceedings.

Mount Kisco housing authority. 1. A municipal housing

authority, to be known as the Mount Kisco housing authority is hereby

recreated, re-established and continued from February twenty-second,

nineteen hundred fifty-nine for the village of Mount Kisco in the county

of Westchester for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York and is hereby constituted and declared to be a body corporate and

politic, consisting of five members, with all the powers, rights and

duties now or hereafter conferred by the public housing law upon

municipal housing authorities. It shall be subject to the provisions of

the public housing law, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of the public housing law. Such authority

shall have perpetual duration; provided, however, that if at the

expiration of five years subsequent to April thirtieth, nineteen hundred

sixty-three, there shall be outstanding no bonds, notes or other

obligations of such authority theretofore issued for any of the purposes

authorized in the public housing law, then its corporate existence shall

thereupon terminate and such authority shall thereupon be deemed to be

and shall be dissolved.

2. Notwithstanding any general, special or local law, the village of

Mount Kisco, Westchester county, is hereby authorized and empowered to

transfer and convey to the Mount Kisco housing authority, and such

authority is hereby authorized and empowered to acquire all the right,

title, interest and assets, including contractual rights and

obligations, held by the village with respect to a public housing

project in said village, identified and numbered as NY-38-1, and for

that purpose such village and authority are hereby authorized and

empowered to make, execute and deliver any instrument and perform any

act necessary or convenient, and upon such transfer, conveyance and

delivery all the rights, duties, liabilities and responsibilities of the

village relative to such housing project, including any contract with

the federal public housing administration, shall be assumed by and

devolve upon the Mount Kisco housing authority.

3. All proceedings and acts of the Mount Kisco housing authority and

the village of Mount Kisco, Westchester county, and all contracts,

agreements, obligations and undertaking heretofore entered into by such

Mount Kisco housing authority or village relating to the public housing

project in the village identified and known as Public Housing

Administration Project number NY-38-1 are hereby legalized, validated,

ratified and confirmed in all respects, notwithstanding any defect or

irregularity therein or want of statutory authority.

Watervliet Housing Authority. A municipal housing authority,

to be known as the Watervliet Housing Authority, is hereby created and

established for the city of Watervliet in the county of Albany for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in

the manner prescribed by and subject to the provisions of this chapter,

and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Village of Catskill Housing Authority. A municipal housing

authority to be known as the Village of Catskill Housing Authority, is

hereby created and established for the village of Catskill in the county

of Greene, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and be

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Middletown Housing Authority. A municipal housing authority,

to be known as the Middletown Housing Authority, is hereby created and

established for the city of Middletown in the county of Orange for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Goshen Housing Authority. A municipal housing

authority to be known as the Village of Goshen Housing Authority, is

hereby created and established for the village of Goshen in the county

of Orange, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and be

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Rochester Housing Authority. 1. A municipal housing authority

to be known as the Rochester Housing Authority, is hereby created and

established for the city of Rochester in the county of Monroe for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

2. Notwithstanding any general, special or local law or existing

contracts between the city of Rochester and the state of New York, the

city of Rochester is hereby authorized and empowered to sell, grant and

convey at private sale to the Rochester Housing Authority and such

housing authority is hereby authorized to acquire all of the real and

personal property, structures, fixtures, facilities and appurtenances of

or used in connection with the public housing project in the city of

Rochester, known as Hanover Houses and designated as no. NYS-53 together

with all other assets, including but not limited to, cash in banks,

securities and accounts receivable. Said transfer and conveyance shall

be subject to all existing contracts, leases, special agreements,

compensation awards and pending tort claims affecting the project.

3. Upon transfer, conveyance and delivery as provided in subdivision

two of this title, all the rights, duties, liabilities, and

responsibilities of the city of Rochester relative to NYS-53, including

the loan and subsidy contract with the state of New York, dated

September seventh, nineteen hundred forty-nine, as thereafter amended,

and as prescribed by this chapter shall succeed to, be assumed by and

shall devolve upon the Rochester Housing Authority, but nothing herein

shall be deemed to release the city of Rochester from any existing

liability under such loan and subsidy contract.

4. The commissioner of housing, the city of Rochester and the

Rochester Housing and Rehabilitation Authority are hereby authorized and

empowered to make and execute any and all contracts, deeds, conveyances,

transfers, assignments and other instruments and to perform any and all

acts necessary or convenient to carry out the purpose of the provisions

of this title.

Geneva Housing Authority. A municipal housing authority, to be

known as the Geneva Housing Authority, is hereby created and established

for the city of Geneva in the county of Ontario, for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and be subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter. Such authority shall have perpetual duration; provided,

however, that if at the expiration of five years subsequent to the time

this section as hereby added takes effect, there shall be outstanding no

bonds or other obligations of such authority theretofore issued for any

of the purposes authorized in this chapter, then its corporate existence

shall thereupon terminate and such authority shall thereupon be deemed

to be and shall be dissolved.

Canandaigua Housing Authority. A municipal housing authority,

to be known as the Canandaigua Housing Authority, is hereby created and

established for the city of Canandaigua in the county of Ontario, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in

the manner prescribed by and be subject to the provisions of this

chapter, and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Town of Southampton housing authority. A municipal housing

authority, to be known as the town of Southampton housing authority is

hereby created and established for the town of Southampton in the county

of Suffolk, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, and consist of

five members. It shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter. Such authority shall have

perpetual duration; provided, however, that if at the expiration of five

years subsequent to the time this section as hereby added takes effect,

there shall be outstanding no bonds or other obligations of such

authority theretofore issued for any of the purposes authorized in this

chapter, then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Mamaroneck housing authority. A municipal housing authority to

be known as the Mamaroneck housing authority, is hereby created and

established for the village of Mamaroneck in the county of Westchester,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Town of Islip housing authority. A municipal housing

authority, to be known as the town of Islip housing authority is hereby

created and established for the town of Islip in the county of Suffolk,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in

the manner prescribed by and be subject to the provisions of this

chapter, and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of ten years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Village of Nyack housing authority. A municipal housing

authority, to be known as the village of Nyack housing authority, is

hereby created and established for the village of Nyack in the county of

Rockland, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Monticello housing authority. A municipal housing

authority, to be known as the village of Monticello housing authority,

is hereby created and established for the village of Monticello in the

county of Sullivan, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by, and

subject to, the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Town of Wilna housing authority. 1. A municipal housing

authority, to be known as the town of Wilna housing authority is hereby

created and established for the town of Wilna in the county of Jefferson

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

2. Notwithstanding any other provision of law, rule or regulation to

the contrary, the village of West Carthage housing authority, in its

entirety, shall be transferred to the town of Wilna housing authority.

All powers and duties of the village of West Carthage housing authority

pursuant to section thirty-seven of this chapter or any other provision

relating to municipal housing authorities under article three of this

chapter shall be transferred to and assumed by the town of Wilna housing

authority.

Town of Huntington housing authority. A municipal housing

authority, to be known as the town of Huntington housing authority is

hereby created and established for the town of Huntington in the county

of Suffolk, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, and consist of

five members. It shall have the powers and duties now or hereafter

conferred by this chapter upon municipal housing authorities. It shall

be organized in the manner prescribed by and be subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter. Such authority shall have

perpetual duration; provided, however, that if at the expiration of five

years subsequent to the time this section as hereby added takes effect,

there shall be outstanding no bonds or other obligations of such

authority theretofore issued for any of the purposes authorized in this

chapter, then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Village of Spring Valley housing authority. A municipal

housing authority, to be known as the village of Spring Valley housing

authority, is hereby created and established for the village of Spring

Valley in the county of Rockland, for the accomplishment of any or all

of the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic, be

perpetual in duration and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Village of Sloatsburg housing authority. A municipal housing

authority, to be known as the village of Sloatsburg housing authority,

is hereby created and established for the village of Sloatsburg in the

county of Rockland, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Gloversville housing authority. A municipal housing authority,

to be known as the Gloversville housing authority is hereby created and

established for the city of Gloversville in the county of Fulton for the

accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

City of Beacon housing authority. A municipal housing

authority to be known as the city of Beacon housing authority, is hereby

created and established for the city of Beacon in the county of

Dutchess, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Hempstead Housing Authority. A municipal housing authority, to

be known as the Town of Hempstead housing authority is hereby created

and established for the town of Hempstead in the county of Nassau for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Town of Oyster Bay housing authority. A municipal housing

authority, to be known as the town of Oyster Bay housing authority, is

hereby created and established for the town of Oyster Bay in the county

of Nassau for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

City of Batavia housing authority. A municipal housing

authority to be known as the city of Batavia housing authority is hereby

created and established for the city of Batavia in the county of Genesee

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Ilion housing authority. A municipal housing

authority, to be known as the village of Ilion housing authority, is

hereby created and established for the village of Ilion in the county of

Herkimer, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

City of Dunkirk housing authority. A municipal housing

authority to be known as the city of Dunkirk housing authority is hereby

created and established for the city of Dunkirk in the county of

Chautauqua for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

City of Hudson housing authority. A municipal housing

authority, to be known as the city of Hudson housing authority, is

hereby created and established for the city of Hudson in the county of

Columbia, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Pawling housing authority. A municipal housing

authority, to be known as the village of Pawling housing authority, is

hereby created and established for the village of Pawling in the county

of Dutchess, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

City of Glens Falls housing authority. A municipal housing

authority, to be known as the city of Glens Falls housing authority, is

hereby created and established for the city of Glens Falls in the county

of Warren, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

City of Norwich housing authority. A municipal housing

authority, to be known as the city of Norwich housing authority, is

hereby created and established for the city of Norwich in the county of

Chenango, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Greenport housing authority. A municipal housing

authority, to be known as the village of Greenport housing authority is

hereby created and established for the village of Greenport in the

county of Suffolk for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Town of Wallkill housing authority. A municipal housing

authority to be known as the town of Wallkill housing authority is

hereby created and established for the town of Wallkill in the county of

Orange, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have all the powers and duties now

or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

City of Hornell housing authority. A municipal housing

authority to be known as the city of Hornell housing authority is hereby

created and established for the city of Hornell in the county of Steuben

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Woodridge housing authority. A municipal housing

authority, to be known as the village of Woodridge housing authority is

hereby created and established for the village of Woodridge in the

county of Sullivan for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Town of Fallsburg housing authority. A municipal housing

authority, to be known as the town of Fallsburg housing authority, is

hereby created and established for the town of Fallsburg in the county

of Sullivan, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Malone Housing Authority. A municipal housing

authority to be known as the village of Malone housing authority is

hereby created and established for the village of Malone in the county

of Franklin, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have all the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Coxsackie housing authority. A municipal housing

authority, to be known as the village of Coxsackie housing authority is

hereby created and established for the village of Coxsackie in the

county of Greene for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of South Nyack housing authority. A municipal housing

authority to be known as the village of South Nyack housing authority is

hereby created and established for the village of South Nyack in the

county of Rockland for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Town of Harrietstown Housing Authority. A municipal housing

authority, to be known as the Town of Harrietstown Housing Authority, is

hereby created and established for the town of Harrietstown in the

county of Franklin, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

* § 497. Village of Tupper Lake Housing Authority. A municipal housing

authority to be known as the village of Tupper Lake housing authority is

hereby created and established for the village of Tupper Lake in the

county of Franklin, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have all the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

* NB There are 3 § 497's

Town of Albion housing authority. A municipal housing

authority to be known as the town of Albion housing authority is hereby

created and established for the town of Albion in the county of Orleans,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have all the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Town of Ramapo housing authority. A municipal housing

authority, to be known as the town of Ramapo housing authority, is

hereby created and established for the town of Ramapo in the county of

Rockland, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

City of Oneonta housing authority. A municipal housing

authority, to be known as the city of Oneonta housing authority, is

hereby created and established for the city of Oneonta in the county of

Otsego, for the accomplishment of only those purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of not less than three nor more than five members. It shall have

the powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Yorktown housing authority. A municipal housing authority, to

be known as the Yorktown housing authority, is hereby created and

established for the town of Yorktown in the county of Westchester for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in

the manner prescribed by and subject to the provisions of this chapter,

and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of five years

subsequent to the time this section as hereby added takes effect, there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

City of Lockport housing authority. A municipal housing

authority, to be known as the city of Lockport housing authority, is

hereby created and established for the city of Lockport in the county of

Niagara, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Liberty housing authority. A municipal housing

authority, to be known as the village of Liberty housing authority is

hereby created and established for the village of Liberty in the county

of Sullivan for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Green Island Housing Authority. A municipal housing

authority to be known as the village of Green Island housing authority

is hereby created and established for the village of Green Island in the

county of Albany, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have all the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

* § 505. Town of Greece Housing Authority. A municipal housing

authority, to be known as the Town of Greece Housing Authority, is

hereby created and established for the town of Greece in the county of

Monroe, for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

* NB Not operative per general election November, 1968

* NB There are 3 § 505's

Town of Queensbury housing authority. A municipal housing

authority, to be known as the Town of Queensbury housing authority, is

hereby created and established for the town of Queensbury in the county

of Warren, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the power and duties

now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Boonville Housing Authority. A municipal housing

authority, to be known as the village of Boonville Housing Authority, is

hereby created and established for the village of Boonville in the

county of Oneida for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers, and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Palmyra Housing Authority. A municipal housing authority, to

be known as the Palmyra Housing Authority, is hereby created and

established for the incorporated village of Palmyra in the county of

Wayne for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Lowville Housing Authority. A municipal housing

authority, to be known as the Village of Lowville Housing Authority, is

hereby created and established for the village of Lowville in the county

of Lewis for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Clayton Housing Authority. A municipal housing

authority, to be known as the Village of Clayton Housing Authority, is

hereby created and established for the village of Clayton in the county

of Jefferson for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

* § 509-d. Village of Le Roy Housing Authority. A municipal housing

authority, to be known as the village of Le Roy Housing Authority, is

hereby created and established for the village of Le Roy in the county

of Genesee for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

* NB There are 2 § 509-d's

Village of Painted Post Housing Authority. A municipal

housing authority, to be known as the Village of Painted Post Housing

Authority, is hereby created and established for the village of Painted

Post in the county of Steuben for the accomplishment of any or all of

the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic, be

perpetual in duration and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Village of Ellenville Housing Authority. A municipal housing

authority to be known as the village of Ellenville housing authority is

hereby created and established for the village of Ellenville in the

county of Ulster, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have all the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Newark housing authority. A municipal housing authority to be

known as the Newark housing authority is hereby created and established

for the village of Newark in the county of Wayne for the accomplishment

of any or all of the purposes specified in article eighteen of the

constitution of the state of New York. It shall constitute a body

corporate and politic, be perpetual in duration and consist of five

members. It shall have the powers and duties now or hereafter conferred

by this chapter upon municipal housing authorities. It shall be

organized in the manner prescribed by and subject to the provisions of

this chapter, and the authority, its members, officers and employees and

its operations and activities shall in all respects be governed by the

provisions of this chapter.

Village of Warwick housing authority. A municipal housing

authority, to be known as the village of Warwick housing authority is

hereby created and established for the village of Warwick in the county

of Orange for the accomplishment of any or all of the purposes specified

in article eighteen of the constitution of the state of New York. It

shall constitute a body corporate and politic, be perpetual in duration

and consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Town of North Elba housing authority. A municipal housing

authority, to be known as the North Elba housing authority is hereby

created and established for the town of North Elba in the county of

Essex for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Lake Placid housing authority. A municipal housing

authority, to be known as the Lake Placid housing authority is hereby

created and established for the village of Lake Placid in the county of

Essex for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of St. Johnsville housing authority. A municipal

housing authority to be known as the village of St. Johnsville housing

authority is hereby created and established for the village of St.

Johnsville in the county of Montgomery, for the accomplishment of any or

all of the purposes specified in article eighteen of the constitution of

the state of New York. It shall constitute a body corporate and politic,

be perpetual in duration and consist of five members. It shall have all

the powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Village of East Rochester housing authority. A municipal

housing authority, to be known as the village of East Rochester housing

authority, is hereby created and established for the village of East

Rochester, in the county of Monroe, for the accomplishment of any or all

of the purposes specified in article eighteen of the constitution of the

state of New York. It shall constitute a body corporate and politic, be

perpetual in duration and consist of five members. It shall have the

powers and duties now or hereafter conferred by this chapter upon

municipal housing authorities. It shall be organized in the manner

prescribed by and subject to the provisions of this chapter, and the

authority, its members, officers and employees and its operations and

activities shall in all respects be governed by the provisions of this

chapter.

Village of Lynbrook housing authority. A municipal housing

authority to be known as the village of Lynbrook housing authority is

hereby created and established for the village of Lynbrook in the county

of Nassau, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have all the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Elmira Heights housing authority. A municipal housing

authority to be known as the Elmira Heights housing authority is hereby

created and established for the village of Elmira Heights in the county

of Chemung for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Groton housing authority. A municipal housing

authority, to be known as the village of Groton housing authority, is

hereby created and established for the village of Groton in the county

of Tompkins, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Village of Canton housing authority. A municipal housing

authority to be known as the village of Canton housing authority is

hereby created and established for the village of Canton in the county

of St. Lawrence for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

Port Jervis housing authority. A municipal housing authority

to be known as the Port Jervis housing authority is hereby created and

established for the city of Port Jervis, in the county of Orange for the

accomplishment of any and all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Village of Webster Housing Authority. A municipal housing

authority, to be known as the Village of Webster Housing Authority, is

hereby created and established for the Village of Webster in the county

of Monroe, for the accomplishment of any or all of the purposes

specified in article eighteen of the constitution of the state of New

York. It shall constitute a body corporate and politic, be perpetual in

duration and consist of five members. It shall have the powers and

duties now or hereafter conferred by this chapter upon municipal housing

authorities. It shall be organized in the manner prescribed by and

subject to the provisions of this chapter, and the authority, its

members, officers and employees and its operations and activities shall

in all respects be governed by the provisions of this chapter.

City of Olean Housing Authority. A municipal housing authority

to be known as the City of Olean Housing Authority, is hereby created

and established for the city of Olean in the county of Cattaraugus, for

the accomplishment of any or all of the purposes specified in article

eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, be perpetual in duration and

consist of five members. It shall have the powers and duties now or

hereafter conferred by this chapter upon municipal housing authorities.

It shall be organized in the manner prescribed by and subject to the

provisions of this chapter, and the authority, its members, officers and

employees and its operations and activities shall in all respects be

governed by the provisions of this chapter.

Town of Islip housing authority. A municipal housing

authority, to be known as the town of Islip housing authority is hereby

created and established for the town of Islip in the county of Suffolk,

for the accomplishment of any or all of the purposes specified in

article eighteen of the constitution of the state of New York. It shall

constitute a body corporate and politic, and consist of five members. It

shall have the powers and duties now or hereafter conferred by this

chapter upon municipal housing authorities. It shall be organized in the

manner prescribed by and be subject to the provisions of this chapter,

and the authority, its members, officers and employees and its

operations and activities shall in all respects be governed by the

provisions of this chapter. Such authority shall have perpetual

duration; provided, however, that if at the expiration of ten years

subsequent to the time this section as hereby added takes effect there

shall be outstanding no bonds or other obligations of such authority

theretofore issued for any of the purposes authorized in this chapter,

then its corporate existence shall thereupon terminate and such

authority shall thereupon be deemed to be and shall be dissolved.

Village of Kenmore housing authority. A municipal housing

authority to be known as the village of Kenmore housing authority is