2023 New York Laws › GMU - General Municipal › Article 18-A - Industrial Development › Title 2 - Municipal Industrial Development Agencies › 917*2 - New York City Industrial Development Agency.

* §  917. New York City Industrial Development Agency. (a) Legislative
intent. It is the policy and intent of the City of New York  to  promote
the  economic  welfare  of  its  inhabitants  and  to  actively promote,
attract, encourage and develop economically sound commerce and  industry
through  governmental  action for the purpose of preventing unemployment
and economic deterioration by the creation of a New York City Industrial
Development Agency. It is recognized that the viability and integrity of
the residential communities in New York City  should  be  protected  and
maintained  so  that  no person be deprived of his place of residence by
any condemnation  for  economic  or  industrial  development  undertaken
pursuant to this article.
(b) For the purpose of this section "city" means the city of New York.
(b-1)  For the purposes of this section, "rail freight facility" shall
mean, but  shall  not  be  limited  to,  railroad  rights-of-way,  beds,
bridges,  viaducts,  tracks, switches and any other attendant structure,
facility, fixture or property necessary or appropriate for rail  freight
transportation  conducted  in  conjunction  with industrial, commercial,
manufacturing, or warehousing  operations  solely  for  the  purpose  of
providing  or  improving  freight  rail service between an industrial or
commercial facility or group of such facilities in physical proximity to
one another and a main line railroad track, freight yard or other  means
of  connection to main line railroad facilities; provided, however, that
(i) with respect to any rail freight facility project the New York  City
Industrial   Development  Agency  shall  be  restricted  solely  to  the
provision of financial assistance for such rail freight  facility;  (ii)
that  the  project  may  not  include any main line track (except to the
extent that the project may include replacement of the  amount  of  main
line track used for passenger and/or freight service required to provide
a  suitable  connection),  any  passenger facilities of any kind, or any
rights-of-way, bridges or viaducts used for any purpose other  than  the
rail   transportation   of  freight  from  the  industrial,  commercial,
manufacturing or warehousing facility or facilities to be served by  the
rail service to the main line track or other freight facility, provided,
however,  that  nothing herein shall prohibit the project from including
bridges or viaducts with separate provision for pedestrian traffic  when
it  is  determined  that  a  separate pedestrian walkway is necessary or
desirable for safety purposes; (iii) prior to undertaking the  financing
of  any  rail  freight facility the New York City Industrial Development
Agency shall submit a written description of such rail freight  facility
project  to  the commissioner of transportation who shall, within thirty
days of receipt of such description, provide written  comments  on  such
project to the New York City Industrial Development Agency; and (iv) the
New  York  City  Industrial  Development Agency shall not enter into any
contract  for  providing  financial  assistance  to  such  rail  freight
facility  project  until the earlier of either the date on which the New
York City Industrial Development Agency addresses the  comments  of  the
commissioner of transportation to the satisfaction of such commissioner,
or,  if such commissioner has not submitted written comments, forty-five
days after the New York City Industrial Development Authority  submitted
the  written  project  description  required  by paragraph (iii) of this
subdivision.
* (c) For the benefit of the  city  and  the  inhabitants  thereof  an
industrial  development  agency,  to  be  known  as  the  New  York City
Industrial  Development  Agency,   is   hereby   established   for   the
accomplishment  of  any or all of the purposes specified in title one of
article eighteen-A of this chapter, except that it shall  not  have  the
power  to  construct or rehabilitate any residential facility or housing
of any nature and kind whatsoever, nor shall it use any of its funds  to

further  the  construction or rehabilitation of any residential facility
or housing of any nature and kind whatsoever. It shall constitute a body
corporate and politic, and be perpetual in duration. It shall only  have
the  powers  and  duties conferred by title one of article eighteen-A of
this chapter upon industrial development agencies as of January 1,  1973
except  that  it shall have the power to finance a rail freight facility
and it shall not have the power of condemnation. In the exercise of  the
powers  conferred  upon  such  agency with respect to the acquisition of
real property by article eighteen-A of this chapter such agency shall be
limited to the geographical jurisdictional limits of the city.
* NB Effective until May 15, 2024
* (c) For the benefit of the  city  and  the  inhabitants  thereof  an
industrial  development  agency,  to  be  known  as  the  New  York City
Industrial  Development  Agency,   is   hereby   established   for   the
accomplishment  of  any or all of the purposes specified in title one of
article eighteen-A of this chapter, except that it shall  not  have  the
power  to  construct or rehabilitate any residential facility or housing
of any nature and kind whatsoever, nor shall it use any of its funds  to
further  the  construction or rehabilitation of any residential facility
or housing of any nature and kind whatsoever. It shall constitute a body
corporate and politic, and be perpetual in duration. It shall only  have
the  powers  and  duties conferred by title one of article eighteen-A of
this chapter upon industrial development agencies as of January 1,  1973
except  that  it shall have the power to finance a rail freight facility
and the power to establish  employment  goals  in  accordance  with  the
program  established  pursuant to section thirty-five hundred two of the
New York city charter, including but not  limited  to  employment  goals
established  pursuant  to  paragraph  seven  of  subdivision  a  and the
corresponding best efforts provisions set forth in subdivision d of such
section; provided, however, that  where  a  provision  of  such  section
requires  action  by  the director of the office of community hiring and
workforce development, such action shall not be taken by the director of
the office of community hiring and workforce development  but  shall  be
taken  by  the  chief  executive  officer  of  the  agency or his or her
designee, and it shall not  have  the  power  of  condemnation.  In  the
exercise  of  the  powers conferred upon such agency with respect to the
acquisition of real property by article eighteen-A of this chapter  such
agency shall be limited to the geographical jurisdictional limits of the
city.
* NB Effective May 15, 2024 until May 15, 2029
* (c)  For  the  benefit  of  the  city and the inhabitants thereof an
industrial development  agency,  to  be  known  as  the  New  York  City
Industrial   Development   Agency,   is   hereby   established  for  the
accomplishment of any or all of the purposes specified in title  one  of
article  eighteen-A  of  this chapter, except that it shall not have the
power to construct or rehabilitate any residential facility  or  housing
of  any nature and kind whatsoever, nor shall it use any of its funds to
further the construction or rehabilitation of any  residential  facility
or housing of any nature and kind whatsoever. It shall constitute a body
corporate  and politic, and be perpetual in duration. It shall only have
the powers and duties conferred by title one of  article  eighteen-A  of
this  chapter upon industrial development agencies as of January 1, 1973
except that it shall have the power to finance a rail  freight  facility
and  it shall not have the power of condemnation. In the exercise of the
powers conferred upon such agency with respect  to  the  acquisition  of
real property by article eighteen-A of this chapter such agency shall be
limited to the geographical jurisdictional limits of the city.
* NB Effective May 15, 2029
(d)  It shall be organized in a manner prescribed by and be subject to
the provisions of title one  of  article  eighteen-A  of  this  chapter,
except  that  its  board  shall  consist  of  fifteen members. Among its
membership shall be the city comptroller, the city administrator of  the
economic  development  administration,  the  corporation counsel of such
city and the chairman of the city planning commission of such city, each
of whom shall have the power to designate an alternate to represent them
at board meetings with all the rights and powers, including the right to
vote, reserved to all board members, provided that such  designation  be
in  writing  to  the  chairman of the board. Six of the remaining eleven
members shall be appointed by the mayor of such city  upon  consultation
with  the economic development council, business and labor organizations
and elected officials and five shall be  appointed  by  the  mayor  upon
designation  by  the borough improvement boards of such city, one member
from each borough.
(e) The Mayor shall designate the chairman of  the  board,  who  shall
serve at the pleasure of the Mayor.
(f)  The  terms  of  the directors first appointed by the Mayor, other
than the chairman of the board shall be as follows:
four shall serve for terms of one year each, two of  whom  shall  have
been designated by the borough improvement boards;
three  shall serve for terms of two years each, two of whom shall have
been designated by the borough improvements boards;
three shall serve for terms of three years each,  one  of  whom  shall
have  been  designated by the borough improvement boards; thereafter the
successors of all ten such directors shall  serve  for  terms  of  three
years  each.  The Mayor shall fill any vacancy which may occur by reason
of death, resignation, or otherwise in  a  manner  consistent  with  the
original  appointment.  Members  may  be  removed by the Mayor for cause
after a hearing upon  ten  days'  written  notice.  Such  members  shall
receive  no compensation for their services but shall be entitled to the
necessary  expenses,  including  traveling  expenses,  incurred  in  the
discharge of their duties.
(g)  The chief executive officer of the agency shall be appointed by a
two-thirds vote of the board of directors.
(h) The agency, its members, officers, and employees, shall be subject
to article fourteen of the civil service law and for all  such  purposes
the  agency  shall  be  deemed  the  "public  employer" and its members,
officers and employees shall be  deemed  "public  employees";  provided,
however,  that  chapter fifty-four of the New York City Charter, chapter
fifty-four of the Administrative Code of  the  City  of  New  York,  and
executive  order number fifty-two dated September twenty-ninth, nineteen
hundred sixty-seven, issued by the Mayor of the City, shall apply to the
agency, its members, officers and employees except that section eight of
said executive order shall not be applicable. The agency shall establish
general and special grievances as defined in chapter fifty-four  of  the
Administrative  Code  of  the  City  except  as  otherwise  provided  in
collective bargaining agreements.
(i) The City shall have the power to make, or contract to make  grants
or  loans, including but not limited to grants or loans of money, to the
agency in such amounts, upon such terms  and  conditions  and  for  such
period  or periods of time as in the judgment of the City and the agency
are necessary or appropriate  for  the  accomplishment  of  any  of  the
purposes of the agency.
(j)  The city shall have the power to condemn property for transfer to
the New York City Industrial  Development  Agency  under  title  one  of
article eighteen-A of this chapter upon the request of two-thirds of the
members  of  the  Board  of  Directors  of  the New York city industrial

development agency. No property shall be  condemned  on  behalf  of  the
agency  which is zoned "residential" as defined in the zoning resolution
of the city, or which is occupied in whole or in part as a  dwelling  or
residence.
(k)  For  the purpose of this section "governing body" as used in such
title one of article eighteen-A of this chapter shall mean the Mayor  of
the  City. Except as otherwise provided in this section, the agency, its
members, officers and employees, and its operations and activities shall
be governed by the provisions of title one of article eighteen-A of this
chapter.
(l) The city shall save harmless  and  indemnify  any  person  who  is
serving or has served as a director or officer or as employee of the New
York  City  Industrial  Development  Agency  against  any financial loss
arising out of  or  in  connection  with  any  claim,  demand,  suit  or
judgment,  based  on  a  cause  of  action  involving  allegations  that
pecuniary  harm  was  sustained  by  any  person  as  a  result  of  any
transaction, act or omission to act of the Industrial Development Agency
or  of  any  action  or  inaction  or  vote  of any director, officer or
employee of such Agency unless such  individual  is  found  by  a  final
judicial  determination not to have acted in good faith for a purpose he
reasonably believed to be in the best interests of the Agency or not  to
have  had  reasonable  cause  to  believe  that  his conduct was lawful.
Provided, however, that such individual must transmit to the corporation
counsel of the city  of  New  York  any  notice  of  claim,  summons  or
complaint  or other analogous paper served on him within ten days of its
receipt unless prevented from doing so by compelling circumstances.  The
corporation counsel shall, without charge, represent any such individual
unless  unable  to do so by reason of conflict of interest. In the event
that the corporation counsel is unable to give such representation,  the
city  of  New  York  shall  indemnify  the individual for any reasonable
litigation expense incurred by him.
* NB Agency expires per §§ 856 and 882
* NB There are 2 § 917's