NY Pub Hsg L § 37 (2021)
2021 New York Laws PBG - Public Housing Article 3 - Municipal Housing Authorities 37 - Powers of Authority.

§  37.  Powers  of authority. 1. An authority shall have the following   powers in  addition  to  other  powers  granted  in  this  chapter:  (a)   investigate  into  living  conditions  in  the municipality and into the   means of improving such conditions; (b) determine  where  insanitary  or   substandard  housing  conditions  exist;  (c)  publish  and  disseminate   information; (d) prepare or arrange for preparation of plans for,  carry   out  and operate projects; (e) construct, reconstruct, improve, alter or   repair or provide for  the  construction,  reconstruction,  improvement,   alteration  or repair of any project; (f) demolish structures; (g) clear   areas; (h) lease, purchase, or otherwise acquire, manage, operate all or   any part of  any  project,  or  any  dwelling  unit  or  units  therein,   undertaken or completed by any government or housing company: (i) Act as   agent  for  or  enter  into  contracts  and otherwise cooperate with the   federal government in connection with a federal or municipal project, or   any federally-aided  program  to  provide  dwelling  accommodations  for   persons  of low income; (j) arrange, agree or contract with a government   for the planning, replanning, opening, grading or  closing  of  streets,   roads,  roadways,  alleys  or  other  places  or  for  the furnishing of   facilities or for  the  acquisition  by  a  government  of  property  or   property  rights  or  for  the  furnishing  of  property  or services in   connection with a project; (k) lease or rent, as  lessor  or  sublessor,   any  of  the  housing  or  other  accommodations  or  any  of the lands,   buildings, structures or facilities embraced in any project or connected   with any program to provide dwelling accommodations for persons  of  low   income,  and  establish  and  revise  the rents or charges therefor; (l)   enter upon any building or property in order to  conduct  investigations   or  make  surveys,  soundings or test borings necessary to carry out its   purposes; (m) acquire or contract to  acquire  from  any  person,  firm,   corporation  or  government,  by  subsidy,  contribution,  gift,  grant,   bequest, devise, purchase, condemnation or otherwise, real  or  personal   property  or  any  interest  therein  or  lease  dwelling units from any   person, firm or corporation for sublease to persons and families of  low   income;  (n)  sell,  exchange,  transfer, assign or mortgage any real or   personal property or any interest therein;  (o)  own,  hold,  clear  and   improve real or personal property or any interest therein; (p) insure or   provide  for  the insurance of its property or operations as required by   law and also against such other risks as  it  may  deem  advisable;  (q)   limit  by  contract,  the  exercise of any of its powers; (r) invest any   funds held in reserves or sinking funds, or any funds not  required  for   immediate  disbursement in property or securities in which savings banks   may legally invest funds subject to their control; (s) sue and be  sued;   (t)  have  a  seal  and  alter  the same at pleasure; (u) have perpetual   succession;  (v)  make  and  execute  contracts  and  other  instruments   necessary or convenient to the exercise of its powers; (w) make and from   time  to  time  amend  and  repeal  by-laws,  rules  and regulations not   inconsistent  with  the  provisions  of  this   chapter;   (x)   conduct   examinations  and  investigations,  hear testimony and take proof, under   oath at public or private hearings on any material matter,  require  the   attendance of witnesses and the production of books and papers and issue   commissions  for  the examination of witnesses who are out of the state,   unable to attend, or excused from attendance; (y) authorize a  committee   designated  by  it consisting of one or more members, or counsel, or any   officer or employee to conduct any such investigation or examination, in   which case such committee, counsel, officer or employee shall have power   to administer oaths, take affidavits and issue subpoenas or commissions;   and (z) enter into agreements of cooperation with or for  the  rendition   of  service  to an agency as defined in subdivision five of section five   hundred two of the general municipal law to assist such  agency,  at  no    expense  to  the  authority or providing for payment to the authority of   the agreed proportion of compensation or costs, in connection  with  the   management  of  properties  in,  relocation  of displacees from, and the   demolition  of  buildings  in any urban renewal area, in accordance with   the provisions of this chapter and, except as may be  provided  in  such   agreements,  without  regard  to  the  requirements of any law otherwise   applicable to such agency: and (aa) at no cost or expense to  it,  enter   into  agreements  of  cooperation  with a municipality which need not be   within the territorial jurisdiction of  such  authority  notwithstanding   the  provisions  of  section  thirty-one  or  article  thirteen  of this   chapter, or with an authority  of  such  municipality,  to  assist  such   municipality or authority in the construction, maintenance, operation or   management  of  a project. (bb) do all things necessary or convenient to   carry out its powers.2. An authority shall file in the office of  the  commissioner  annual   reports,  which  shall  be  open to public inspection. The reports shall   include for the first year of ownership or operation, in addition to any   information which the commissioner may require, a statement with respect   to each completed project owned or operated by  the  authority,  of  the   following  data: (a) total cost of the land; (b) cost of land per square   foot; (c) cost of building; (d) construction costs per  cubic  foot  and   per dwelling room; (e) approximate date of completion; (f) amount of any   government  loan for the project; (g) amount of any periodic subsidy for   the project; (h) average rental per room including and excluding utility   services; (i) number of apartments, full rooms and half rooms; (j) gross   floor area per room;  (k)  number  of  vacant  apartments;  (l)  vacancy   percentage;  (m)  total operating expenses per annum; (n) average annual   operating costs per room; (o)  annual  income  from  rents  of  dwelling   units;  (p)  annual income from other sources; (q) assessed valuation of   property at the time of its acquisition for the  project;  (r)  minimum,   maximum  and  average  aggregate annual income of the families occupying   the project; (s) former population on  site;  (t)  number  of  buildings   demolished  on  site;  (u)  former  density  on site per gross acre; (v)   present density on site per gross acre.Each subsequent year of such continued ownership  or  operation,  such   report   shall  contain,  in  addition  to  any  information  which  the   commissioner  may  require,  the  following  data:  (a)  amount  of  any   government  loan for the project; (b) amount of any periodic subsidy for   the project; (c) average rental per room including and excluding utility   services; (d) number of vacant apartments; (e) vacancy  percentage;  (f)   total  operating  expenses per annum; (g) average annual operating costs   per room; (h) annual income from rents of  dwelling  units;  (i)  annual   income  from  other  sources; (j) minimum, maximum and average aggregate   annual income of the families occupying the project.3. An authority shall file in the office of the  commissioner,  within   six  months  of  the  effective  date  of  regulations implementing this   subdivision and in such format as the commissioner shall prescribe after   consultation with the state energy office, an energy  audit  report  for   state  and  municipal  projects which identifies potential energy-saving   building  improvements,   including   alterations,   modifications   and   adjustments  to  the  building structure, heating, cooling, lighting and   ventilation systems; their relative costs;  potential  energy  and  cost   savings;  and  simple  payback  periods,  which  for the purpose of this   subdivision shall mean that period of time within  which  the  estimated   cost  of  such  improvements, exclusive of the cost of capital, would be   recovered from the  savings  generated  by  reduced  energy  consumption   resulting  from the improvements. The energy audit shall be conducted by   a public utility, an engineer or architect licensed by the state, or the    managing  agent  or  other  representative  of  the  authority  if  such   individual  has  attended an energy audit training workshop sponsored by   the commissioner or the state energy office. A copy of the energy  audit   report, required herein, shall be given to any duly constituted tenant's   association  or  cooperator's  advisory  council  and  a  copy  shall be   available for inspection  and  copying  by  any  individual  tenant  who   requests  it.  An  authority  shall  also certify by March thirty-first,   nineteen hundred eighty-four that all compatible  conservation  measures   identified  in the energy audit report which have simple payback periods   of one year or less have been implemented;  provided,  however,  if  the   commissioner  determines  within sixty days of the date the energy audit   report is filed  that  one  or  more  of  such  identified  conservation   measures  cannot  be implemented by March thirty-first, nineteen hundred   eighty-four given the projected  rent  revenues  and  any  other  monies   available  to the authority from reserve funds, loans or grants from the   state or federal government or any other source, the  implementation  of   such conservation measures shall be provided for according to a schedule   prescribed by the commissioner.4.  When  an authority has been paid all or part of the principal of a   state loan pursuant to this chapter and in the event that the completion   of the project for which the loan was made has been delayed or that  the   funds  of  such loan for any other reason are not immediately needed for   the development of the project, the authority shall have  the  power  to   invest  the moneys of such loan which will not be immediately needed for   the project in  obligations  of  the  categories  specified  in  section   ninety-eight  of the state finance law and of maturities approved by the   state comptroller.