N.Y. Public Housing Law § 30: Organization of authorities

§ 30. Organization of authorities. 1. In the case of an authority

hereafter established by a special act of the legislature, the mayor of

a city or village, or the town board of a town, shall file in the office

of the commissioner, and a duplicate in the office of the secretary of

state, a certificate signed by him or it and setting forth: (a) the date

of the passage of the special act establishing the authority; (b) the

name of the authority; and (c) the names of the members and their terms,

specifying which member is chairman.

2. Except as otherwise provided by special act of the legislature, an

authority shall consist of not less than three nor more than seven

members. The members of an authority who are first appointed shall be

not more than five in number and shall be designated to serve for terms

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

their appointment, depending upon the number of members constituting the

authority. Thereafter the term of office of appointive members shall be

five years. A member shall continue to hold office until his successor

is appointed or elected and has qualified. The mayor of a city or

village, or the town board of a town, shall appoint the appointive

members, designate the first chairman and file with the commissioner a

certificate of appointment or the reappointment of any member.

3. A majority of the members of an authority shall constitute a

quorum.

4. Not more than one member of an authority may be an official or an

employee of the municipality at any one time. In the event that an

official or an employee 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 municipal office or employment,

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 terminate at the expiration of the term of his

municipal office.

5. Notwithstanding any other provision of law, each authority having

supervision over one hundred or more occupied dwelling units and not

located in a city having a population of more than one million shall

include as members two tenants elected by the residents of the

authority's housing for terms of two years each. Each authority coming

within the provisions of this subdivision shall, within six months after

the effective date of this act or within six months after the authority

becomes subject to the requirements of this subdivision, adopt by-laws

specifying the time and manner of the election of the tenant

representatives. All residents of the authority's housing who are

eighteen years of age or older shall be eligible to vote. The authority

may provide in the by-laws whether both tenant representatives shall be

elected simultaneously for concurrent terms or one shall be elected each

year with the terms overlapping and whether both shall be elected by all

the residents or each one elected by one half of the residents. The

first election shall be held within one year after the date by which

by-laws for the election are required to be adopted. The by-laws shall

be subject to the approval of the commissioner, and if an authority

fails within the six-month period to adopt acceptable by-laws for such

election the commissioner shall specify the time and manner of the

election. Upon the taking of office of the two elected tenant members,

the size of an authority shall be increased by two members and the term

of any member appointed pursuant to this subdivision prior to January

first, nineteen hundred seventy-five shall end and a new member shall be

appointed for a term of five years. Acceptance or retention by a tenant

of membership on an authority, whether by election or by appointment,

shall not be deemed incompatible with, or a forfeiture of his tenancy.

An elected tenant representative shall cease to serve as such upon

termination of his tenancy for any reason, or upon his becoming subject

to removal from occupancy due to the operation of section one hundred

fifty-six of this chapter. Any compensation paid to an elected or

appointed tenant member for his services to an authority shall not

affect his eligibility for membership on such authority or for continued

occupancy, but may be used in the determination of his rent. Any vacancy

in the office of an elected tenant representative shall be filled as

soon as may be practical by a new election.