N.Y. Municipal Housing Authorities Law § 63: Establishment and organizations of authorities

* § 63. Establishment and organizations of authorities. 1. An

authority may be established by a county, city or first class village

upon (i) the passage of a resolution by the local legislative body,

authorizing the establishment of a housing authority and directing the

mayor of the city or village, and in the case of counties, directing the

county executive to file a certificate therefor; (ii) the filing by the

mayor or county executive in the office of the board, and a duplicate in

the office of the secretary of state, of a certificate signed by him and

setting forth (a) the name of the authority; (b) the names of the

members and their terms, specifying which member is chairman; and (c) a

copy of the aforesaid resolution.

2. An authority shall consist of five members appointed by the mayor

or county executive, as the case may be, and he shall designate the

first chairman. Not more than one of the members may be an official of

the municipality. In the event that an official 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 office, 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 not be affected or curtailed by the expiration of the

term of his office.

3. The members who are first appointed shall be designated to serve

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

date of their appointment. Thereafter, the term of office shall be five

years. A member shall hold office until his successor has been appointed

and has qualified. Vacancies other than by reason of expiration of terms

shall be filled for the unexpired term. Three members shall constitute a

quorum. The mayor or county executive shall file with the board a

certificate of the appointment or the reappointment of any member. A

member shall receive no compensation for his services but he shall be

entitled to the necessary expenses including traveling expenses incurred

in the discharge of his duties. An authority may delegate to one or more

of its agents or employees such powers or duties as it may deem proper.

4. The mayor, and in the case of counties, the county executive 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. In the event of removal, the mayor or

county executive shall file in the office of the board a record of the

proceedings together with a copy of the charges made against the member

and his findings thereon. Pending the determination of charges against

a member, the mayor, and in the case of counties, the county executive

may suspend him from office.

5. An authority shall file with the board and with the municipality a

copy of any by-laws, rules and regulations and amendments thereto

adopted by it from time to time.

6. The territorial jurisdiction of an authority established by a

county shall include all such county, except that such territorial

jurisdiction shall not include any territory that lies within the

boundaries of any city or first-class village, whether such city or

village has or has not established an authority, unless the local

legislative body of such city or first-class village shall by proper

resolution consent to the inclusion of the city or first-class village

within the territorial jurisdiction of such county 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.