§ 63 — Establishment and organizations of authorities

New York § 63

• Jurisdiction: New York
• Law MHA: Municipal Housing Authorities
• Art. 5: Of the Former State Housing Law (cited Herein As the "municipal Housing Authorities Law"), As Such Article Existed Immediately Prior to Its Repeal Pursuant to Section 227 of Chapter 808 of the Laws of 1939, Is Provided Here For Ease of Reference and Historical Purposes As Such Text Continues to Be Applicable For the New York City Housing Authority Pursuant to the Provisions of Section 401 of the Current Public Housing Law

Text

* § 63. Establishment and organizations of authorities. 1. An\nauthority may be established by a county, city or first class village\nupon (i) the passage of a resolution by the local legislative body,\nauthorizing the establishment of a housing authority and directing the\nmayor of the city or village, and in the case of counties, directing the\ncounty executive to file a certificate therefor; (ii) the filing by the\nmayor or county executive in the office of the board, and a duplicate in\nthe office of the secretary of state, of a certificate signed by him and\nsetting forth (a) the name of the authority; (b) the names of the\nmembers and their terms, specifying which member is chairman; and (c) a\ncopy of the aforesaid resolution.\n 2. An authority shall consist of five members appointed by the mayor\nor county executive, as the case may be, and he shall designate the\nfirst chairman. Not more than one of the members may be an official of\nthe municipality. In the event that an official of the municipality\nshall be appointed as a member of the authority, acceptance or retention\nof such appointment shall not be deemed a forfeiture of his office, or\nincompatible therewith or affect his tenure or compensation in any way.\nThe term of office of a member of an authority who is an official of the\nmunicipality shall not be affected or curtailed by the expiration of the\nterm of his office.\n 3. The members who are first appointed shall be designated to serve\nfor terms of one, two, three, four and five years respectively from the\ndate of their appointment. Thereafter, the term of office shall be five\nyears. A member shall hold office until his successor has been appointed\nand has qualified. Vacancies other than by reason of expiration of terms\nshall be filled for the unexpired term. Three members shall constitute a\nquorum. The mayor or county executive shall file with the board a\ncertificate of the appointment or the reappointment of any member. A\nmember shall receive no compensation for his services but he shall be\nentitled to the necessary expenses including traveling expenses incurred\nin the discharge of his duties. An authority may delegate to one or more\nof its agents or employees such powers or duties as it may deem proper.\n 4. The mayor, and in the case of counties, the county executive may\nremove a member of the authority for inefficiency, neglect of duty, or\nmisconduct in office, but only after the member shall have been given a\ncopy of the charges against him and an opportunity to be heard in person\nor by counsel in his own defense. In the event of removal, the mayor or\ncounty executive shall file in the office of the board a record of the\nproceedings together with a copy of the charges made against the member\nand his findings thereon. Pending the determination of charges against\na member, the mayor, and in the case of counties, the county executive\nmay suspend him from office.\n 5. An authority shall file with the board and with the municipality a\ncopy of any by-laws, rules and regulations and amendments thereto\nadopted by it from time to time.\n 6. The territorial jurisdiction of an authority established by a\ncounty shall include all such county, except that such territorial\njurisdiction shall not include any territory that lies within the\nboundaries of any city or first-class village, whether such city or\nvillage has or has not established an authority, unless the local\nlegislative body of such city or first-class village shall by proper\nresolution consent to the inclusion of the city or first-class village\nwithin the territorial jurisdiction of such county authority.\n * NB The text of Article 5 of the former State Housing Law (cited\nherein as the "Municipal Housing Authorities Law"), as such article\nexisted immediately prior to its repeal pursuant to section 227 of\nChapter 808 of the Laws of 1939, is provided here for ease of reference\nand historical purposes as such text continues to be applicable for the\nNew York City Housing Authority pursuant to the provisions of section\n401 of the current Public Housing Law.\n