N.Y. Public Housing Law § 55-a: Facilities incidental or appurtenant to a project

§ 55-a. Facilities incidental or appurtenant to a project.

In addition to any other lawful method for the provision by an

authority of facilities incidental or appurtenant to a project, a

municipality may in connection with any project of an authority, upon

approval by the local legislative body, contract with an authority for

the preparation of plans and construction by the authority for the

municipality, as part of a combined occupancy structure, of a social,

recreational, health, educational, or other non-housing facility or

facilities deemed by the municipality and the authority to be incidental

or appurtenant to such project, including material and equipment

customarily provided in connection with such facility and required for

the operation thereof, and for the conveyance, grant or surrender in fee

of its interest in the facility or facilities by the authority to the

municipality upon reimbursement of the authority by the municipality for

all costs incurred by the authority for development of the facility

during construction or upon conveyance thereof. The authority and the

municipality may provide for, grant and reserve such easements, space

rights and air rights as they may deem necessary to effectuate the

project and complete the facility. The cost of any such non-housing

facility or facilities to be built by the authority for the

municipality, which cost is to be reimbursed by the municipality to the

authority, shall not be included in project cost for the purpose of

determining the amount of periodic subsidies, if any, to be paid by the

state for the project pursuant to section seventy-three of this chapter.

Notwithstanding the provisions of any other general, special or local

law to the contrary, such contract may provide that the authority shall

have sole charge and control over the plans and specifications for and

the construction and supervision during construction of such facility or

facilities; provided that the plans and specifications for and the

construction of the project and the non-housing facility or facilities

shall be subject to approval of the agency or agencies of the state and

municipality having jurisdiction thereof as provided by law. The

authority shall in constructing such facility or facilities comply with

the requirements of this chapter. As used in this section "combined

occupancy structure" shall mean any improvement on real property

including fee interests, easements, space rights or air rights,

containing a non-housing facility or facilities in combination with the

residential portion of a project and intended to increase from both a

planning and economic viewpoint the effective utilization of available

land areas. A combined occupancy structure shall also include a

structure in a project or development under the auspices of the

authority wherein housing portions of structures placed upon the overall

site are not built in space rights over the non-housing portion, so long

as some part of the housing portion is constructed over the non-housing

portion. The foregoing authorization shall be in addition to any

existing powers of an authority or municipality under this chapter, and

is not intended to nor shall it impair any existing powers of an

authority pursuant to this chapter to provide non-housing facilities

deemed incidental or appurtenant to a project, and to operate such

facilities or lease the same to a municipality or agency thereof, public

or non-profit body, or other person or corporation, for such operation

or use.