Title PBG, Public Housing

Section 1. Short title. This chapter shall be known and may be cited\nand referred to as the "public housing law."\n

§ 10. Division of housing and community renewal. There shall be in\nthe executive department a division of housing and community renewal.\nReference in this chapter or in any other general, special or local law\nto the division of housing shall be deemed to mean and refer to the…

§ 100. Jurisdiction and powers of municipality unimpaired. Nothing in\nthis chapter shall be construed to prevent or relieve the municipality\nfrom furnishing or supplying services or facilities from other than\nhousing funds of a character or nature heretofore or formerly furni…

§ 101. Notwithstanding any local or special law or charter provision,\na municipality shall, irrespective of the boundaries of a project,\nprovide for the tenants of such project, police, fire and health\nprotection services of the same character and to the same extent as\nthose…

§ 102. Authorization to make subsidies for the aid, care and support\nof the needy. Notwithstanding the provisions of section ninety-four of\nthis article, a municipality is authorized to make or contract to make\ncapital subsidies for the construction, reconstruction, developme…

§ 11. Commissioner of housing and community renewal; appointment; term\nof office; vacancies; salaries. The head of the division of housing and\ncommunity renewal shall be the commissioner of housing and community\nrenewal who shall be appointed by the governor and shall hold of…

§ 110. Special city and village taxes. In order to obtain funds with\nwhich to make capital or periodic subsidies pursuant to section\nninety-four a city or a village having a population of five thousand or\nmore as determined by the last federal census may, and in order to incu…

§ 111. Review. (a) Any such tax may be reviewed by a proceeding under\narticle seventy-eight of the civil practice law and rules and any local\nlaw or ordinance imposing any such tax or taxes shall include provisions\nmaking such review available upon reasonable conditions inclu…

§ 112. Disposition of proceeds of taxes. Notwithstanding the\nprovisions of any general, special or local law to the contrary,\nrevenues heretofore or hereafter resulting from the imposition of taxes\nauthorized by this article for either or both of the purposes referred\nto in …

§ 113. Exemptions. 1. No tax authorized by paragraphs (b), (c), (d),\n(e) and (f) of section one hundred ten shall be imposed upon the\nfollowing, or upon any transaction with the following:\n a. The state of New York, or any public corporation (including a\npublic corporation c…

§ 119. Options to purchase property or awards. A municipality or\nauthority may at any time secure options in its own name or in the name\nof nominees to purchase property or any interest therein or awards in\ncondemnation made or to be made therefor. No consideration need be gi…

§ 12. Officers and employees. Subject to approval by the governor, or\npursuant to rules prescribed by him, the commissioner may appoint such\nofficers and employees as may be required for the performance of the\npowers and duties of the division, determine their qualifications …

§ 12-b. Refunds. Moneys received by the state division of housing or\nthe commissioner of housing pursuant to this chapter and the private\nhousing finance law or under any agreement prior to July first, nineteen\nhundred sixty-one may be refunded: (a) where such moneys were not…

§ 120. Acquisition of real property. Real property may be acquired by\na municipality, by an authority or by a municipality for an authority by\ngift, grant, devise, purchase, condemnation or otherwise, and with\nrespect to a municipal or state project, according to the provisio…

§ 121. Acquisition after project approved. When a project has been\napproved, an authority may purchase, lease or condemn, or obligate\nitself to purchase, lease or condemn, real property for a project.\nNotwithstanding any other provisions of and in addition to any other\npower…

§ 122. Acquisition by a government. Real property acquired for an\nauthority by a government subsequent to the approval of a project may be\nconveyed by such government to the authority with or without\nconsideration and upon such terms as may be agreed upon by such\ngovernment …

§ 123. Acquisition of lands for future use. Notwithstanding any\nprovision of law, an authority or a government may acquire by purchase,\ngift, condemnation or otherwise, such property as it may deem ultimately\nnecessary or proper to effectuate the purposes of this chapter or a…

§ 124. Grant or lease of property by a government to or for an\nauthority. In connection with projects located within its territorial\nboundaries, a government may, notwithstanding any other provisions of\nlaw, upon such terms, with or without consideration, as it may deem\nadvi…

§ 125. Proceedings to condemn. 1. To initiate a condemnation\nproceeding, an authority may adopt a resolution describing the property\nand declaring that the acquisition of the property is in the public\ninterest and necessary for the public use, and that the property sought\nto…

§ 126. Condemnation of excess property. A municipality or an\nauthority may take private property by condemnation for the purpose of\nproviding low rent housing for families of low income, or for the\nclearance, replanning, reconstruction and rehabilitation of areas, or\nfor bot…

§ 127. Temporary use or occupation of property. 1. When title to\nproperty has vested in a municipality or an authority by purchase or in\ncondemnation proceedings, the municipality or the authority, whichever\nhas acquired title, may pursuant to the provisions of the eminent do…

§ 128. Filing of instruments assigning or pledging awards. In the\ncase of the pledge, sale, transfer or assignment of an award by the\nperson entitled to receive the same by virtue of the final decree of the\ncourt in a condemnation proceeding, or by other order of the court, t…

§ 13. Disqualification of commissioner, officers and employees.\nNeither the commissioner, nor any officer or employee in the division of\nhousing shall acquire any interest direct or indirect in a project or in\nany property then or thereafter included or planned to be included…

§ 14. Powers and duties of the commissioner; generally. 1. In addition\nto the powers hereinafter granted, the commissioner, his counsel or any\nother officer or employee of the division specially designated by the\ncommissioner shall have the following powers:\n (a) assist in t…

§ 15. Actions and proceedings against the commissioner or the state;\nintervention by commissioner in certain actions and proceedings. With\nregard to duties or liabilities arising out of this chapter, the state\nor the commissioner may be sued in the same manner as a private pe…

§ 150. Approval of plan and projects. 1. The prior approval of the\nlocal legislative body and of the planning commission, if any, in the\nmanner hereinafter provided in subdivision two of this section, shall be\nrequisite to the final adoption or approval by an authority or\nmu…

§ 151. Authority construction contracts, cancellation of contracts,\ndisqualification to contract with authority, statement of non-collusion\nin bids or proposals. 1. Contracts of an authority for demolition,\nexcavation, construction, alteration, renovation or for purchase of\n…

§ 151-a. Separate specifications for certain subdivisions of work\ninvolved in the construction or alteration of buildings as a part of or\nin connection with housing projects. 1. Notwithstanding any inconsistent\nprovision of this chapter or any other general, special or local …

§ 152. Labor requirements. All contracts of an authority involving\nthe employment, among others, of laborers, workmen or mechanics shall be\nin conformity with the provisions of article eight of the labor law, and\nsuch provisions shall be deemed terms of all such contracts; an…

§ 153. Relocation of displaced tenants. 1. (a) Authorities shall have\nthe power to assist in relocating in suitable accommodations at rentals\nwithin their means families of low income who have been or will be\ndeprived of dwellings within areas or buildings which have been or …

§ 154. Control of rentals on authority projects. Subject to the terms\nof any loan or subsidy contract with a government, the power to fix\nrents on a project shall rest exclusively with the authority. But\nnothing in this chapter shall prevent an authority or municipality from\…

§ 155. Compliance with state and local laws. All projects shall be\nsubject to the planning, zoning, sanitary and building laws, ordinances\nand regulations applicable in the municipality in which the project is\nsituated. Zoning regulations or other restrictions enacted by the\…

§ 156. Selection of tenants. Subject to the terms of any loan or\nsubsidy contract with a government, an authority shall have the power to\nselect tenants for its projects. It shall observe the following\nstandards with respect thereto:\n 1. The dwellings in the project shall be…

§ 156-a. Notice of rejection of applicants for admission. In the\nevent that the authority determines that an applicant is ineligible for\npublic housing it shall cause a written record stating the reasons for\nineligibility to be filed in its office. The applicant shall be mail…

§ 156-b. Notice of expiration of application. Whenever the\nregulations of an authority provide that an application for public\nhousing expires after a period of time, the applicant shall be notified\nin writing by the authority of the date of expiration of such\napplication.\n…

§ 156-c. Statement required for termination of lease. Notwithstanding\nany other provision of law, an authority must incorporate into a written\nnotice of termination of a lease the specific grounds upon which it has\nmade its determination for termination.\n

§ 157. Claims and actions against authorities. 1. In every action or\nspecial proceeding, for any cause whatsoever, prosecuted or maintained\nagainst an authority, other than a claim arising out of a condemnation\nproceeding, the complaint or necessary moving papers shall contai…

§ 158. Real property of authorities exempt from levy. All real\nproperty of an authority shall be exempt from levy and sale by virtue of\nan execution, and no execution or other judicial process shall issue\nagainst the same, nor shall any judgment against an authority be a\ncha…

§ 159. Disclosure of certain information prohibited. Information\nacquired by an authority, the division of housing and community renewal\nor a municipality or by an officer or employee thereof from applicants\nfor dwellings in projects of an authority or municipality or other\n…

§ 16. Powers and duties of commissioner with respect to state\nprojects. With respect to any state project, the commissioner shall\nhave the following duties and powers: 1. To order such repairs of the\nbuildings and structures constituting the project as may be necessary.\n 2. …

§ 17. Occupancy preference. The occupancy of any state project shall\nbe restricted to persons of low income and preference shall be given to\npersons who live or shall have lived in the substandard or insanitary\narea or areas which have been or will be cleared, replanned,\nrec…

§ 18. Effects of breach or of acquisition of projects by third\npersons. In every contract for a loan by the state or for periodic\nsubsidies by the state, or both, a substantial breach of the condition\nset forth therein providing for the maintenance of the project as low\nrent…

§ 19. Rules and regulations. The commissioner shall have the power,\nfrom time to time, to make, promulgate, modify, amend and repeal rules\nand regulations to effectuate his powers and duties. No such rule or\nregulation except such as relates to the organization or internal\nm…

§ 19-a. Electronic lease regulations. 1. The commissioner, in\nconsultation with the electronic facilitator as defined in section three\nhundred three of the state technology law, shall promulgate rules and\nregulations authorizing the use of electronic records or signatures on …

§ 2. Policy of state and purpose of chapter. It is hereby declared\nthat in certain areas of cities, towns and villages of the state there\nexist insanitary and substandard housing conditions owing to\novercrowding and concentration of the population, improper planning,\nexcessi…

§ 20. Annual reports. 1. The commissioner shall, on or before October\nfirst in each year, beginning in nineteen hundred ninety, submit one or\nmore reports to the governor, the temporary president of the senate, the\nspeaker of the assembly, the minority leader of the senate an…

§ 21. Definitions. 1. (a) "Applicable percentage" means the\nappropriate percentage (depending on whether a building is new,\nexisting, or federally subsidized) prescribed by the secretary of the\ntreasury for purposes of section 42 of the internal revenue code for the\nmonth wh…

§ 210. Policy and purposes of article. It is hereby declared that\nthere exists in municipalities in this state a seriously inadequate\nsupply of safe and sanitary dwelling accommodations for persons and\nfamilies of low income; that such shortage constitutes an emergency and\na…

§ 211. Definitions. As used in this article the following terms shall\nmean:\n 1. The term "existing multiple dwelling" shall mean any multiple\ndwelling erected before April eighteenth, nineteen hundred twenty-nine\nand in existence on the date upon which this article takes eff…

§ 212. Loans to owners. 1. Notwithstanding the provisions of any\ngeneral, special or local law, a municipality, by its local legislative\nbody, may make or contract to make loans to the owners of existing\nmultiple dwellings within its territorial limits, in such amounts as may…