N.Y. Private Housing Finance Law § 45-c: Homeless housing and assistance corporation

§ 45-c. Homeless housing and assistance corporation. 1. There is

hereby established a public benefit corporation known as the "homeless

housing and assistance corporation" as a subsidiary corporation of the

agency.

2. The agency may transfer to such subsidiary corporation any real,

personal or mixed property in order to carry out the purposes of title

one of article two-A of the social services law. Such subsidiary

corporation shall have all the privileges, immunities, tax exemption and

other exemptions of the agency to the extent the same are not

inconsistent with this section.

3. The membership of such subsidiary corporation shall consist of the

commissioner of social services, who shall also serve as its

chairperson, the chairperson of the agency and one additional member to

be appointed by the chairperson of the homeless housing and assistance

corporation, who shall serve at the pleasure of such chairperson. The

powers of the corporation shall be vested in and exercised by no less

than two of the members thereof then in office. The corporation may

delegate to one or more of its members, or its officers, agents and

employees, such duties and powers as it may deem proper.

3-a. The commissioner of social services, and the chairman of the

agency may each appoint an individual to represent them at all meetings

of the corporation from which they may be absent. Any such

representative so designated shall have the power to attend and to vote

at any meeting of the corporation as if the commissioner of social

services or chairperson of the agency were present and voting. Such

designation shall be by written notice filed with the chairperson of the

corporation. The designation of such person shall continue until revoked

at any time by written notice to such chairperson. Such designation

shall not be deemed to limit the power of the commissioner of social

services or the chairperson of the agency to attend and vote at any

meeting of the corporation.

4. No officer or member of the corporation shall receive any

additional compensation, either direct or indirect, other than

reimbursement for actual and necessary expenses incurred in the

performance of his duties, by reason of his serving as a member,

director, or trustee of such subsidiary corporation.

5. Notwithstanding any inconsistent provisions of law, general,

special or local, no officer or employee of the state, or of any civil

division thereof, or any public benefit corporation, shall be deemed to

have forfeited or shall forfeit his office or employment by reason of

his acceptance of membership on the corporation created by this section.

6. The fiscal year of such subsidiary corporation shall begin with the

first day of April of each year and end with the next following

thirty-first day of March.

7. The corporation shall have the power to:

(a) Sue and be sued;

(b) Have a seal and alter the same at pleasure;

(c) Make and alter by-laws for its organization and internal

management and make rules and regulations governing the use of its

property and facilities;

(d) Make and execute contracts and all other instruments necessary or

convenient for the exercise of its powers and functions under this

chapter;

(e) Acquire, hold and dispose of real or personal property for its

corporate purposes;

(f) Engage the services of private consultants on a contract basis for

rendering professional and technical assistance advice;

(g) Procure insurance against any loss in connection with its

activities, properties and other assets, in such amount and from such

insurance as it deems desirable; and

(h) Invest any funds of the corporation, or any other monies under its

custody and control not required for immediate use or disbursement, at

the discretion of the corporation, in obligations of the state or the

United States government or obligations the principal and interest of

which are obligations in which the comptroller of the state is

authorized to invest pursuant to section ninety-eight of the state

finance law.

8. The corporation may do any and all things necessary or convenient

to carry out and exercise the powers given and granted by this section

and title one of article two-A of the social services law including, but

not limited to contracting with the commissioner of social services to

administer any of the provisions of title one of article two-A of the

social services law.

9. The agency and all other state officers, departments, boards,

divisions, commissions, public authorities and public benefit

corporations may render such services to the corporation within their

respective functions as may be requested by the corporation.

10. Notwithstanding the provisions of article one-A of the public

authorities law, contracts entered into by the corporation pursuant to

title one of article two-A of the social services law shall not be

subject to the provisions of article one-A of the public authorities

law.