NY Pub Hsg L § 3 (2021)
2021 New York Laws PBG - Public Housing Article 1 - Short Title; Policy of State and Purpose of Chapter; Definitions 3 - Definitions.

§  3. Definitions.   The following terms, whenever used or referred to   in this chapter, shall have the following meaning,  unless  a  different   meaning clearly appears from the context:1. The term "commissioner" means the state commissioner of housing and   community  renewal.  Reference  in this chapter or in any other general,   special or local law to state commissioner of housing shall be deemed to   mean and refer to  the  state  commissioner  of  housing  and  community   renewal which is hereby made the new title of such office.2.  The  term  "authority"  means  a  public  corporation  which  is a   corporate governmental agency (except a county or municipal corporation)   organized pursuant to law to accomplish  any  or  all  of  the  purposes   specified  in  article  eighteen  of  the  constitution and includes the   following municipal housing authorities established prior to  the  first   day of January, nineteen hundred thirty-nine pursuant to chapter four of   the laws of nineteen hundred thirty-four and amendments thereof, namely,   Buffalo   municipal  housing  authority,  Lackawanna  municipal  housing   authority, New York city housing authority, Peekskill housing authority,   Port Jervis housing authority, Schenectady municipal housing  authority,   Syracuse   municipal  housing  authority,  Tarrytown  municipal  housing   authority, Tuckahoe housing authority, municipal  housing  authority  of   the city of Utica, New York, and Yonkers housing authority.3.  The  term  "housing  company"  means  a  limited profit or limited   dividend housing corporation organized pursuant to articles two or  four   of the private housing finance law.4.   The   term   "multiple   dwelling"  means  an  existing  building   accommodating three or more families living independently of each other.5. The terms "municipal corporation" and "municipality" mean  a  city,   town or village; and the term "municipal" shall be deemed to relate to a   city, town or village.6.   The   term  "mayor"  means  the  chief  executive  officer  of  a   municipality.7. The term "local legislative body" means: (a) in a city,  the  board   of  aldermen, common council, council, commission or other board or body   now or hereafter vested by its charter or other law with jurisdiction to   enact ordinances  or  local  laws,  except  that  in  a  city  having  a   population  of one million or more the term shall, as to such city, mean   the officer or agency vested with power under the charter of such  city,   or  by  other  law,  to act pursuant to this chapter; (b) in a town, the   town board; (c) in a village, the board of trustees.7-a. The term "governing body of a district" means: (a)  in  a  school   district,  the  board  of education or board of trustees; in the case of   common school districts having one trustee, such trustee; (b) in a  fire   alarm  district  or a fire protection district, the town board; (c) in a   fire district, the board of  fire  district  commissioners;  (d)  in  an   improvement district, the town board, except that if there be a separate   board  of  commissioners, the term shall mean the town board acting with   the approval of the board of commissioners.8. The term "state comptroller" means the comptroller of the state  of   New York.9.  The  term  "municipal  comptroller"  means  the  comptroller  in a   municipality  having  a  comptroller;  in  a  municipality   having   no   comptroller, it means the chief financial officer of such municipality.10. The term "state" means New York state.11.  The  term "government" includes the state, a municipality and the   federal government, and any  agency  or  instrumentality,  corporate  or   otherwise,  of  any  of  them  acting  for and on behalf of the state, a   municipality or the federal government. 12. The term "area" means a section of the  municipality  wherein  the   commissioner  or an authority or a municipality finds that insanitary or   substandard housing conditions exist. An area may include  land  whether   improved  or unimproved, and buildings or improvements not in themselves   insanitary or substandard, the inclusion of which is deemed necessary by   the  authority  or the municipality or the commissioner, or for projects   of housing companies by the commissioner, for the  effective  clearance,   replanning,  reconstruction  or rehabilitation of the area of which such   land or property is a part.13. The term "plan" means a plan or  undertaking  for  the  clearance,   replanning  and  reconstruction  or  rehabilitation of a substandard and   insanitary area or areas  and  for  recreational  and  other  facilities   incidental  or appurtenant thereto to effectuate the purposes of article   eighteen of the constitution or any other provision of the  constitution   delegating  any  similar  power  or  providing  homes for persons of low   income.14. The term  "project"  means  a  specific  work  or  improvement  to   effectuate  all or any part of a plan. The term shall include the lands,   buildings or any dwelling  units  therein,  and  improvements  acquired,   owned,  constructed,  managed or operated hereunder, to provide dwelling   accommodations for persons of low income, and such stores,  offices  and   other non-housing facilities as well as social, recreational or communal   facilities,  as  may  be  deemed  by the authority or municipality to be   incidental or appurtenant to a project. Subject  to  the  provisions  of   article  eighteen  of  the  constitution with respect to state projects,   such dwelling accommodations may be  provided  in  any  section  of  the   municipality,  whether or not such section has insanitary or substandard   housing conditions. A project may be a federal project, a state project,   a municipal project or, subject to the limitations contained in  section   seventy-five of this chapter, any combination of these.15.  The  term  "federal project" means a project aided or financed in   whole or in part, by the federal government.16. The term "state project" means a  project  aided  or  financed  in   whole  or in part by the state and not by the federal government, except   as may be provided in section seventy-five of this chapter.17. The term "municipal project" means a project other  than  a  state   project or a federal project.18.  The  terms  "persons  of low income" and "families of low income"   mean persons or families who are in the low income groups and who cannot   afford to pay enough to cause private enterprise in  their  municipality   to build a sufficient supply of adequate, safe and sanitary dwellings.19.  The term "mortgage" means mortgages, deeds of trust, building and   loan contracts or other instruments creating a lien.20. The terms "real property" or "property" shall  include  lands  and   improvements,  lands  under water, waterfront property, the water of any   lake, pond  or  stream,  and  any  and  all  easements,  franchises  and   hereditaments,  corporeal or incorporeal, and every estate, interest and   right therein, legal and  equitable,  in  lands  or  water,  and  right,   interest,  privilege,  easement  and  franchise  relating  to  the same,   including terms for years and liens by  way  of  judgment,  mortgage  or   otherwise.21.  The  term  "obligee"  shall  include  any  bondholder, trustee or   trustees for any bondholders or  any  lessor  demising  property  to  an   authority  or  municipality  used  in  connection  with  a project or an   assignee or assignees of such lessor's interest, and a government, which   is a party to any contract with the authority or municipality.22. The term "going state rate of interest" means, at  any  time,  the   annual  rate  of  interest specified in the bonds of the state issued to    provide funds for a loan to effectuate the provisions of  this  chapter,   and  if  no  such  bonds have been issued, then the term means an annual   interest rate of two and one-half per centum.23.  The  term "low rent housing" means dwellings within the financial   reach of families of low income  and  embraces  recreational  and  other   facilities incidental and appurtenant thereto.24.  The term "project cost" means the cost of any or all undertakings   necessary  for  planning,  financing  (including  payment  of   carrying   charges),  land  acquisition,  demolition,  construction, equipment, and   site  development  of  new  buildings,  reconstruction,  rehabilitation,   repair  or  remodeling of existing buildings, but, except as to existing   housing company projects, or parts thereof, sold,  leased  or  otherwise   conveyed  to  an authority, not beyond the point of physical completion,   and the cost of tenant placement service in connection with  a  project.   In  the case of new construction, the "project cost" shall be sufficient   to encourage excellence of architectural design, variety and interest in   building materials, and aesthetic  objectives  compatible  with  prudent   budgeting.  Where  a  housing  company  project,  or  a part thereof, is   purchased by, leased or otherwise conveyed to  an  authority,  the  term   "project  cost"  may  include  the cost of such purchase, lease or other   conveyance as determined and certified by the commissioner.25. The term "condemnation" means the acquisition of real property  in   the  manner  provided  by  the  eminent  domain  procedure  law  by  the   municipality in which the real property is to be taken.26. The term "planning commission" means any agency of a  municipality   authorized  to  prepare,  adopt  or amend the map of the municipality or   empowered  to  prepare  and  adopt  and  from  time  to  time  modify  a   comprehensive or master plan of the municipality.27.  The  term  "tenant  services" shall include but not be limited to   counseling  on  household  management,  housekeeping,  budgeting,  money   management,  child  care,  and  similar  matters  or  services which are   directly related to meeting  tenant  needs  and  providing  a  wholesome   living  environment; and referral to appropriate agencies when necessary   for the provision of such services.