NY Pub Hsg L § 55-A (2021)
2021 New York Laws PBG - Public Housing Article 3 - Municipal Housing Authorities 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.