§ 45-A — Housing trust fund corporation

New York § 45-A

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 3: New York State Housing Finance Agency

Text

§ 45-a. Housing trust fund corporation. 1. There is hereby established\na public benefit corporation known as the "housing trust fund\ncorporation" as a subsidiary corporation of the agency.\n 2. The agency may transfer to such subsidiary corporation any real,\npersonal or mixed property in order to carry out the purposes of article\neighteen of this chapter. Such subsidiary corporation shall have all the\nprivileges, immunities, tax exemption and other exemptions of the agency\nto the extent the same are not inconsistent with this section.\n 3. The membership of such subsidiary corporation shall consist of the\nmembers identified pursuant to subdivision one of section forty-three of\nthis article, and the powers of such subsidiary corporation shall be\nvested in and exercised by no less than six of its members thereof then\nin office. The subsidiary corporation may delegate to one or more of its\nmembers, or its officers, agents and employees, such powers and duties\nas it may deem proper.\n 3-a. The chairman of the agency may appoint an officer or employee of\nthe agency to represent him at all meetings of the corporation from\nwhich he may be absent. Any such representative so designated shall have\nthe power to attend and to vote at any meeting of the corporation from\nwhich the chairman of the agency is absent with the same force and\neffect as if the chairman of the agency were present and voting. Such\ndesignation shall be by written notice filed with the chairperson of the\ncorporation. The designation of such person shall continue until revoked\nat any time by written notice to such chairperson. Such designation\nshall not be deemed to limit the power of the chairman of the agency to\nattend and vote at any meeting of the corporation.\n 4. No officer or member of the corporation shall receive any\nadditional compensation, either direct or indirect, other than\nreimbursement for actual and necessary expenses incurred in the\nperformance of his duties, by reason of his serving as a member,\ndirector, or trustee of such subsidiary corporation.\n 5. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, or any public benefit corporation, shall be deemed to\nhave forfeited or shall forfeit his office or employment by reason of\nhis acceptance of membership on the corporation created by this section.\n 6. The fiscal year of such subsidiary corporation shall begin with the\nfirst day of April of each year and end with the next following\nthirty-first day of March.\n 7. The corporation shall have the power to:\n (a) Sue and be sued;\n (b) Have a seal and alter the same at pleasure;\n (c) Make and alter by-laws for its organization and internal\nmanagement and make rules and regulations governing the use of its\nproperty and facilities;\n (d) Make and execute contracts and all other instruments necessary or\nconvenient for the exercise of its powers and functions under this\nchapter;\n (e) Acquire, hold and dispose of real or personal property for its\ncorporate purposes;\n (f) Engage the services of private consultants on a contract basis for\nrendering professional and technical assistance advice;\n (g) Procure insurance against any loss in connection with its\nactivities, properties and other assets, in such amount and from such\ninsurers as it deems desirable; and\n (h) Invest any funds of the corporation, or any other monies under its\ncustody and control not required for immediate use or disbursement, at\nthe discretion of the corporation, in obligations of the state or the\nUnited States government or obligations the principal and interest of\nwhich are guaranteed by the state or the United States government, or in\nany other obligations in which the comptroller of the state is\nauthorized to invest pursuant to section ninety-eight of the state\nfinance law.\n 8. The corporation will encourage the creation of local housing\npartnerships; such partnerships may include but not be limited to\nmembers of the business community, the financial community, housing\ndevelopers, builders, not-for-profit organizations and community leaders\nwho are committed to the development of low income housing within such\ncommunity.\n 9. The corporation will facilitate the coordination of local housing\npartnerships and existing state, federal and local programs which\npromote the development of low income housing.\n 10. The corporation is a public housing agency as defined in the\nUnited States housing act of 1937, as amended, and may receive and\nadminister funds including but not limited to subsidies, loans and fees\nmade available through federal programs under such act.\n (a) The corporation shall be the sole entity with authority in the\nstate to undertake any statewide or regional multi-state contract for\nperformance based annual contributions contract administration issued\nunder authority granted in 42 U.S.C. section 1437f or any replacement\nprogram or contract, whether called an annual contributions contract or\nother name, that requires substantially the same administration or\nsupport services offered nationally, regionally or statewide. The\ncorporation may in its discretion subcontract such activities as it may\nrequire. The division of housing and community renewal shall be the\nentity responsible for such statewide or regional multi-state contract\nadministration with all powers and responsibilities which would\notherwise be available to the corporation in the event the corporation\nis unable or unwilling to act as such entity.\n (b) The powers vested in the corporation and the division of housing\nand community renewal pursuant to paragraph (a) of this subdivision are\ncoincident to the powers of any municipal or other local public housing\nagency or public housing authority operating within the state on the\neffective date of this paragraph. The authority of the corporation and\nthe division of housing and community renewal to operate on a statewide\nbasis shall not limit the authority of such municipal public housing\nagency or local public housing authority to operate, service, administer\nor enter into any project based section 8 contract or contracts where\nthe project is located within a political subdivision of the state in\nwhich such public housing agency or public housing authority was\noperating on such effective date.\n 11. The corporation may do any and all things necessary or convenient\nto carry out and exercise the powers given and granted by this section\nand article eighteen of this chapter including, but not limited to\ncontracting with the commissioner of the division of housing and\ncommunity renewal to administer any of the provisions of the special\nneeds housing act of 1988 and articles eighteen and eighteen-A of this\nchapter.\n 12. The division of housing and community renewal and all other state\nofficers, departments, boards, divisions, commissions, public\nauthorities and public benefit corporations may render such services to\nthe corporation within their respective functions as may be requested by\nthe corporation.\n 13. Notwithstanding the provisions of article one-A of the public\nauthorities law, contracts entered into by the corporation pursuant to\narticles eighteen and eighteen-A of this chapter shall not be subject to\nthe provisions of article one-A of the public authorities law.\n