NY Pub Hsg L § 30 (2021)
2021 New York Laws PBG - Public Housing Article 3 - Municipal Housing Authorities 30 - Organization of Authorities.

§  30.  Organization  of authorities.   1. In the case of an authority   hereafter established by a special act of the legislature, the mayor  of   a city or village, or the town board of a town, shall file in the office   of  the  commissioner, and a duplicate in the office of the secretary of   state, a certificate signed by him or it and setting forth: (a) the date   of the passage of the special act establishing the  authority;  (b)  the   name of the authority; and (c) the names of the members and their terms,   specifying which member is chairman.2.  Except as otherwise provided by special act of the legislature, an   authority shall consist of not less  than  three  nor  more  than  seven   members.  The  members  of an authority who are first appointed shall be   not more than five in number and shall be designated to serve for  terms   of  one,  two,  three, four and five years respectively from the date of   their appointment, depending upon the number of members constituting the   authority. Thereafter the term of office of appointive members shall  be   five  years.  A member shall continue to hold office until his successor   is appointed or elected and has  qualified.  The  mayor  of  a  city  or   village,  or  the  town  board  of  a town, shall appoint the appointive   members, designate the first chairman and file with the  commissioner  a   certificate of appointment or the reappointment of any member.3.  A  majority  of  the  members  of  an authority shall constitute a   quorum.4. Not more than one member of an authority may be an official  or  an   employee  of  the  municipality  at  any  one time. In the event that an   official or an employee of the municipality  shall  be  appointed  as  a   member  of  the  authority,  acceptance or retention of such appointment   shall not be deemed a forfeiture of his municipal office or  employment,   or  incompatible  therewith  or affect his tenure or compensation in any   way. The term of office of a member of an authority who is  an  official   of the municipality shall terminate at the expiration of the term of his   municipal office.5.  Notwithstanding  any other provision of law, each authority having   supervision over one hundred or more occupied  dwelling  units  and  not   located  in  a  city  having a population of more than one million shall   include  as  members  two  tenants  elected  by  the  residents  of  the   authority's  housing for terms of two years each.  Each authority coming   within the provisions of this subdivision shall, within six months after   the effective date of this act or within six months after the  authority   becomes  subject  to the requirements of this subdivision, adopt by-laws   specifying  the  time  and  manner  of  the  election  of   the   tenant   representatives.  All  residents  of  the  authority's  housing  who are   eighteen years of age or older shall be eligible to vote. The  authority   may  provide in the by-laws whether both tenant representatives shall be   elected simultaneously for concurrent terms or one shall be elected each   year with the terms overlapping and whether both shall be elected by all   the residents or each one elected by one  half  of  the  residents.  The   first  election  shall  be  held within one year after the date by which   by-laws for the election are required to be adopted. The  by-laws  shall   be  subject  to  the  approval  of the commissioner, and if an authority   fails within the six-month period to adopt acceptable by-laws  for  such   election  the  commissioner  shall  specify  the  time and manner of the   election.  Upon the taking of office of the two elected tenant  members,   the  size of an authority shall be increased by two members and the term   of any member appointed pursuant to this subdivision  prior  to  January   first, nineteen hundred seventy-five shall end and a new member shall be   appointed  for a term of five years. Acceptance or retention by a tenant   of membership on an authority, whether by election  or  by  appointment,   shall  not  be deemed incompatible with, or a forfeiture of his tenancy.    An elected tenant representative shall  cease  to  serve  as  such  upon   termination  of his tenancy for any reason, or upon his becoming subject   to removal from occupancy due to the operation of  section  one  hundred   fifty-six  of  this  chapter.  Any  compensation  paid  to an elected or   appointed tenant member for his  services  to  an  authority  shall  not   affect his eligibility for membership on such authority or for continued   occupancy, but may be used in the determination of his rent. Any vacancy   in  the  office  of  an elected tenant representative shall be filled as   soon as may be practical by a new election.