N.Y. Municipal Housing Authorities Law § 62: Definitions

* § 62. Definitions. The following terms, wherever used or referred to

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

meaning clearly appears from the context:

1. The term "authority" shall mean a municipal housing authority

established pursuant to this article by any county, city or first class

village of the state.

2. The term "board" shall mean the state board of housing.

3. The term "municipality" shall mean the county, city or first class

village establishing the authority.

3-a. The term "county" means a county not wholly included within a

city.

3-b. The term "mayor" also includes the mayor of a first class village

establishing the authority.

3-c. The term "village" means a village of the first class as defined

in the village law.

3-d. The term "local legislative body" (a) in a city, means the local

legislative board or body of such city as defined in the city home rule

law; (b) in a county, means the board of supervisors or other

legislative governing board or body of such county, and (c) in a

village, means the board of trustees of the village.

3-e. The term "county executive" means the chairman of the board of

supervisors or other administrative head of the county.

4. The term "comptroller" shall mean the comptroller in cities having

a comptroller. In cities, counties and villages having no comptroller it

shall mean the chief financial officer of such municipality.

5. The term "state" shall mean New York state.

6. The term "government" shall include the state and the federal

government and any subdivision, agency or instrumentality, corporate or

otherwise, of either of them.

7. The term "area" shall mean a section of the municipality wherein

the authority finds that unsanitary or substandard housing conditions

exist. An area may include land whether improved or unimproved, and

buildings or improvements not in themselves unsanitary or substandard,

the inclusion of which is deemed necessary by the authority for the

effective clearance, replanning or reconstruction of the section or any

part thereof.

8. The term "project" shall mean a plan or undertaking (a) for the

clearance, replanning, or reconstruction of an area or areas, or part or

parts thereof and/or (b) for the providing for persons of low income, of

housing accommodations in any section of the municipality, whether or

not such section has unsanitary or substandard housing conditions. The

term shall include the lands, buildings and improvements acquired,

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

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

other commercial or non-housing facilities as well as social,

recreational or communal facilities, as may be deemed by the authority

to be incidental or appurtenant to such plan or undertaking.

The term "federal project" shall mean a project aided or financed in

whole or in part, by the federal government, where such government

reserves the right to approve or supervise the construction or operation

of the project.

The term "non-federal project" shall mean a project other than a

federal project.

9. The term "bonds" shall include notes, debentures or other written

evidences of indebtedness.

10. The term "mortgage" shall include deeds of trust, building and

loan contracts or other instruments creating a lien.

11. The term "real property" shall include lands, lands under water,

structures, and any and all easements, franchises and incorporeal

hereditaments and every estate and right therein, legal and equitable,

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

otherwise.

12. "Obligee" shall include any bondholder, trustee or trustees for

any bondholders, any lessor demising property to an authority used in

connection with a project or any assignee or assignees of such lessor's

interest, and the federal government, when it is a party to any contract

with the authority.

* NB The text of Article 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.