N.Y. Public Housing Law § 37: Powers of authority

§ 37. Powers of authority. 1. An authority shall have the following

powers in addition to other powers granted in this chapter: (a)

investigate into living conditions in the municipality and into the

means of improving such conditions; (b) determine where insanitary or

substandard housing conditions exist; (c) publish and disseminate

information; (d) prepare or arrange for preparation of plans for, carry

out and operate projects; (e) construct, reconstruct, improve, alter or

repair or provide for the construction, reconstruction, improvement,

alteration or repair of any project; (f) demolish structures; (g) clear

areas; (h) lease, purchase, or otherwise acquire, manage, operate all or

any part of any project, or any dwelling unit or units therein,

undertaken or completed by any government or housing company: (i) Act as

agent for or enter into contracts and otherwise cooperate with the

federal government in connection with a federal or municipal project, or

any federally-aided program to provide dwelling accommodations for

persons of low income; (j) arrange, agree or contract with a government

for the planning, replanning, opening, grading or closing of streets,

roads, roadways, alleys or other places or for the furnishing of

facilities or for the acquisition by a government of property or

property rights or for the furnishing of property or services in

connection with a project; (k) lease or rent, as lessor or sublessor,

any of the housing or other accommodations or any of the lands,

buildings, structures or facilities embraced in any project or connected

with any program to provide dwelling accommodations for persons of low

income, and establish and revise the rents or charges therefor; (l)

enter upon any building or property in order to conduct investigations

or make surveys, soundings or test borings necessary to carry out its

purposes; (m) acquire or contract to acquire from any person, firm,

corporation or government, by subsidy, contribution, gift, grant,

bequest, devise, purchase, condemnation or otherwise, real or personal

property or any interest therein or lease dwelling units from any

person, firm or corporation for sublease to persons and families of low

income; (n) sell, exchange, transfer, assign or mortgage any real or

personal property or any interest therein; (o) own, hold, clear and

improve real or personal property or any interest therein; (p) insure or

provide for the insurance of its property or operations as required by

law and also against such other risks as it may deem advisable; (q)

limit by contract, the exercise of any of its powers; (r) invest any

funds held in reserves or sinking funds, or any funds not required for

immediate disbursement in property or securities in which savings banks

may legally invest funds subject to their control; (s) sue and be sued;

(t) have a seal and alter the same at pleasure; (u) have perpetual

succession; (v) make and execute contracts and other instruments

necessary or convenient to the exercise of its powers; (w) make and from

time to time amend and repeal by-laws, rules and regulations not

inconsistent with the provisions of this chapter; (x) conduct

examinations and investigations, hear testimony and take proof, under

oath at public or private hearings on any material matter, require the

attendance of witnesses and the production of books and papers and issue

commissions for the examination of witnesses who are out of the state,

unable to attend, or excused from attendance; (y) authorize a committee

designated by it consisting of one or more members, or counsel, or any

officer or employee to conduct any such investigation or examination, in

which case such committee, counsel, officer or employee shall have power

to administer oaths, take affidavits and issue subpoenas or commissions;

and (z) enter into agreements of cooperation with or for the rendition

of service to an agency as defined in subdivision five of section five

hundred two of the general municipal law to assist such agency, at no

expense to the authority or providing for payment to the authority of

the agreed proportion of compensation or costs, in connection with the

management of properties in, relocation of displacees from, and the

demolition of buildings in any urban renewal area, in accordance with

the provisions of this chapter and, except as may be provided in such

agreements, without regard to the requirements of any law otherwise

applicable to such agency: and (aa) at no cost or expense to it, enter

into agreements of cooperation with a municipality which need not be

within the territorial jurisdiction of such authority notwithstanding

the provisions of section thirty-one or article thirteen of this

chapter, or with an authority of such municipality, to assist such

municipality or authority in the construction, maintenance, operation or

management of a project. (bb) do all things necessary or convenient to

carry out its powers.

2. An authority shall file in the office of the commissioner annual

reports, which shall be open to public inspection. The reports shall

include for the first year of ownership or operation, in addition to any

information which the commissioner may require, a statement with respect

to each completed project owned or operated by the authority, of the

following data: (a) total cost of the land; (b) cost of land per square

foot; (c) cost of building; (d) construction costs per cubic foot and

per dwelling room; (e) approximate date of completion; (f) amount of any

government loan for the project; (g) amount of any periodic subsidy for

the project; (h) average rental per room including and excluding utility

services; (i) number of apartments, full rooms and half rooms; (j) gross

floor area per room; (k) number of vacant apartments; (l) vacancy

percentage; (m) total operating expenses per annum; (n) average annual

operating costs per room; (o) annual income from rents of dwelling

units; (p) annual income from other sources; (q) assessed valuation of

property at the time of its acquisition for the project; (r) minimum,

maximum and average aggregate annual income of the families occupying

the project; (s) former population on site; (t) number of buildings

demolished on site; (u) former density on site per gross acre; (v)

present density on site per gross acre.

Each subsequent year of such continued ownership or operation, such

report shall contain, in addition to any information which the

commissioner may require, the following data: (a) amount of any

government loan for the project; (b) amount of any periodic subsidy for

the project; (c) average rental per room including and excluding utility

services; (d) number of vacant apartments; (e) vacancy percentage; (f)

total operating expenses per annum; (g) average annual operating costs

per room; (h) annual income from rents of dwelling units; (i) annual

income from other sources; (j) minimum, maximum and average aggregate

annual income of the families occupying the project.

3. An authority shall file in the office of the commissioner, within

six months of the effective date of regulations implementing this

subdivision and in such format as the commissioner shall prescribe after

consultation with the state energy office, an energy audit report for

state and municipal projects which identifies potential energy-saving

building improvements, including alterations, modifications and

adjustments to the building structure, heating, cooling, lighting and

ventilation systems; their relative costs; potential energy and cost

savings; and simple payback periods, which for the purpose of this

subdivision shall mean that period of time within which the estimated

cost of such improvements, exclusive of the cost of capital, would be

recovered from the savings generated by reduced energy consumption

resulting from the improvements. The energy audit shall be conducted by

a public utility, an engineer or architect licensed by the state, or the

managing agent or other representative of the authority if such

individual has attended an energy audit training workshop sponsored by

the commissioner or the state energy office. A copy of the energy audit

report, required herein, shall be given to any duly constituted tenant's

association or cooperator's advisory council and a copy shall be

available for inspection and copying by any individual tenant who

requests it. An authority shall also certify by March thirty-first,

nineteen hundred eighty-four that all compatible conservation measures

identified in the energy audit report which have simple payback periods

of one year or less have been implemented; provided, however, if the

commissioner determines within sixty days of the date the energy audit

report is filed that one or more of such identified conservation

measures cannot be implemented by March thirty-first, nineteen hundred

eighty-four given the projected rent revenues and any other monies

available to the authority from reserve funds, loans or grants from the

state or federal government or any other source, the implementation of

such conservation measures shall be provided for according to a schedule

prescribed by the commissioner.

4. When an authority has been paid all or part of the principal of a

state loan pursuant to this chapter and in the event that the completion

of the project for which the loan was made has been delayed or that the

funds of such loan for any other reason are not immediately needed for

the development of the project, the authority shall have the power to

invest the moneys of such loan which will not be immediately needed for

the project in obligations of the categories specified in section

ninety-eight of the state finance law and of maturities approved by the

state comptroller.