NY Priv Hous Fin L § 43 (2021)
2021 New York Laws PVH - Private Housing Finance Article 3 - New York State Housing Finance Agency 43 - New York State Housing Finance Agency.

§  43.  New  York  state  housing  finance  agency. 1. There is hereby   created the "New York state housing finance agency". The agency shall be   a  corporate  governmental  agency   constituting   a   public   benefit   corporation.    Its  membership  shall  consist  of  the commissioner of   housing  and  community  renewal,  the  director  of  the  budget,   the   commissioner  of  taxation  and  finance,  one  member  appointed by the   temporary president of the senate,  and  one  member  appointed  by  the   speaker  of the assembly. In addition, there shall be four members to be   appointed by the governor with the advice and consent of the senate. The   members first appointed by the governor shall  serve  for  terms  ending   three,  four,  five  and  six years respectively from January first next   succeeding the date of their appointment. Their successors  shall  serve   for  terms  of  six years each.   Members shall continue in office until   their  successors  have  been  appointed  and  qualified.  The   members   appointed  by  the  temporary president of the senate and the speaker of   the assembly shall serve at the pleasure of the temporary  president  of   the senate and the speaker of the assembly respectively. In the event of   a vacancy occurring in the office of any member by death, resignation or   otherwise,  such  vacancy  shall  be  filled, for the unexpired term, if   applicable,  in  the  same  manner  as  the  original  appointment.  The   provisions of section thirty-nine of the public officers law shall apply   to such members.2.  The  governor  shall designate from among the members appointed by   him or her a chairman, who shall serve as such during his or her term as   member. The members, including the chairman, shall serve without  salary   or other compensation, but each member, including the chairman, shall be   entitled  to reimbursement for actual and necessary expenses incurred in   the performance of his or her official duties and in the event that  the   chairman  shall  also  be a full time officer or employee of the agency,   the chairman shall receive no salary as chairman but shall receive  only   his  or  her  regular  salary  as officer or employee, not to exceed the   average of the salaries paid to the appointed commissioners of the state   departments or the regular salary such officer or employee was receiving   at the time of his or her appointment as chairman, whichever is greater.3. Such members other than the commissioner of housing  and  community   renewal,  the  director  of the budget, the commissioner of taxation and   finance and the chairman if he be a full time officer or employee of the   agency, may  engage  in  private  employment,  or  in  a  profession  or   business, subject to the limitations contained in sections seventy-three   and  seventy-four  of the public officers law. The agency shall, for the   purposes of  sections  seventy-three  and  seventy-four  of  the  public   officers  law, be a "state-agency," and such members shall be "officers"   of the agency for the purposes of said sections.4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,   special  or  local, no officer or employee of the state, or of any civil   division thereof, shall be deemed to have forfeited or shall forfeit his   office or employment by reason of his acceptance of  membership  on  the   agency  created  by  this section; provided, however, a member who holds   such other public office  or  employment  shall  receive  no  additional   compensation  or  allowance  for  services  rendered  pursuant  to  this   article, but shall be entitled  to  reimbursement  for  his  actual  and   necessary expenses incurred in the performance of such services.5.  The  governor  may  remove any member for inefficiency, neglect of   duty or misconduct in office after giving him  a  copy  of  the  charges   against him, and an opportunity to be heard, in person or by counsel, in   his  defense,  upon  not  less than ten days' notice. If any such member   shall be  removed,  the  governor  shall  file  in  the  office  of  the   department  of  state  a complete statement of charges made against such    member, and his findings thereon, together with a complete record of the   proceeding. The holding of office by the commissioner of  housing  shall   continue  to  be  governed  by  the  provisions of section eleven of the   public housing law.6.  The  agency  and  its  corporate  existence  shall  continue until   terminated by law, provided, however, that no such law shall take effect   so long as the agency shall have  bonds,  notes  and  other  obligations   outstanding.  Upon  termination  of the existence of the agency, all its   rights and properties shall pass to and be vested in the state.7. The powers of the agency shall be vested in  and  exercised  by  no   less  than  six  of  the  members thereof then in office. The agency may   delegate to one or more of its members,  or  its  officers,  agents  and   employees, such powers and duties as it may deem proper.8.  The commissioner of housing and community renewal, the director of   the budget and the commissioner of taxation and finance each may appoint   a person from their respective division or department to represent  such   member,  respectively,  at  all  meetings  of the agency from which such   member may be absent. Any such representative so designated  shall  have   the  power to attend and to vote at any meeting of the agency from which   the member so designating him as a representative  is  absent  with  the   same  force and effect as if the member designating him were present and   voting. Such designation shall be  by  written  notice  filed  with  the   chairman  of  the agency by each of the said members. The designation of   such persons shall continue until revoked at any time by written  notice   to  the  chairman  by the respective member making the designation. Such   designation shall not be deemed to limit the  power  of  the  appointing   member to attend and vote at any meeting of the agency.