reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4802 - Powers and Duties of the Commissioner.

§  4802. Powers and duties of the commissioner. 1. The commissioner or
  his designated representative from the department shall have  the  right
  of  entry  at  reasonable hours into any workplace when the commissioner
  has reason  to  believe  that  employees  are  being  exposed  to  toxic
  substances  at  hazardous  levels  to conduct such investigations as the
  commissioner  authorizes.  The  commissioner  shall  make  available  to
  appropriate  authorities  the results of any such investigation in which
  hazardous levels of toxic substances are found.
2. The commissioner may make public, available information  containing
  descriptions  of  the  toxic  effects  and the circumstances under which
  these effects are produced for toxic substances found in the course  and
  scope  of  employment.  He shall prepare this information in a clear and
  coherent manner using words with common  and  everyday  meanings  to  be
  forwarded  to the industrial commissioner of the department of labor for
  use in compliance with the provisions of  article  twenty-eight  of  the
  labor  law. The information provided may be based on the Threshold Limit
  Values For Chemical Substances  And  Physical  Agents  In  The  Workroom
  Environment  With  Intended  Changes  For  1979, as amended from time to
  time, and the current Registry Of Toxic Effects Of  Chemical  Substances
  Of The National Institute Of Occupational Safety And Health.
3.  The  commissioner  shall promulgate rules and regulations and take
  all other actions necessary for the  effective  implementation  of  this
  article.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4803 - Records and Reports.

§  4803.  Records  and  reports.  1. Upon request by the commissioner,
employers shall provide to the commissioner copies  of  employee  health
and  exposure  records maintained and supplied to the federal government
by employers as  mandated  under  the  following  federal  statutes  and
regulations except as access by third parties may be limited therein:
(a) Toxic Substances Control Act;
(b) Occupational Safety and Health Act;
(c) Environmental Pesticide Control Act; and
(d) Nuclear Regulatory Commission, 10CFR section 20.102-20.409.
2.  Upon request by the commissioner employers shall provide the names
and addresses of present and former employees whenever the  commissioner
determines  that  there  is  a  health  risk  or disease relating to the
exposure of employees to a toxic substance or toxic substances.
3. The commissioner shall not release any information with identifying
names.  The commissioner may, however, publish analyses of such  reports
and  information  from  time  to  time  for scientific and public health
purposes, in such a manner as to  assure  that  the  identities  of  the
individuals   concerned  cannot  be  ascertained  and  that  information
protected by applicable trade secret law is not divulged.
4. The commissioner may require an employer to  keep  records  of  his
employees'  use  of  specific  toxic substances when there is scientific
evidence to question the efficacy of the current threshold limit  values
for  those substances. Such records shall be held solely for the purpose
of conducting epidemiologic research on occupational health.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4804 - Outreach Programs.

§ 4804. Outreach programs. 1. The department may develop and implement
  outreach  programs  to  inform  employees  of their right to information
  regarding the toxic effects and circumstances under which these  effects
  are produced by toxic substances found in the course of employment.
2.   The   department  is  authorized  and  empowered  to  enter  into
  contractual agreements with public and private organizations to  develop
  and implement such an outreach program.
3.  As  part  of the outreach program, health officials may maintain a
  supply of informational leaflets in public buildings, including but  not
  limited to local employment services offices of the department of labor,
  institutions  and  facilities  under  the  supervision or control of the
  department of health, hospitals, union halls, community centers, schools
  and local agencies providing services to employers and employees to help
  insure that such persons are informed of the toxic substance information
  program. The department shall  periodically  distribute  to  newspapers,
  television  and  radio  stations  throughout  the  state  public service
  announcements  describing  the  toxic  substance  information   outreach
  program.
4.  The  department  of  health  shall  develop informational leaflets
  concerning the toxic substance information program in  cooperation  with
  the  industrial  commissioner. The industrial commissioner may mail such
  leaflets to employers.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4805 - Trade Secrets.

§ 4805. Trade secrets. 1. When a manufacturer, producer, formulator or
  employer  considers  the  identity  of or other information concerning a
  toxic  chemical  substance  to  be  a  protectable  trade  secret  whose
  disclosure  would  compromise his competitive advantage, he may register
  this information as secret with  the  commissioner  provided  that  such
  information  is  already  registered  as  a trade secret pursuant to any
  provision of federal law or such information  is  not  registered  as  a
  trade  secret  but is related to a proprietary process the disclosure of
  which would compromise his competitive position.
2. The commissioner shall not release any  data  which  discloses  any
  trade  secret  or proprietary process unless he shall notify, in writing
  and by certified mail, the submitter of such information of  the  intent
  to  release  the data. The commissioner may not release the information,
  without the submitter's consent,  until  the  thirtieth  day  after  the
  submitter  has  been furnished such notice. Any subsequent release shall
  be pursuant to applicable provisions relating to trade  secrets  or  the
  Freedom of Information Act.
3.  In the event that a substance as to which information is sought is
  registered as a component of a trade secret or otherwise protected as  a
  proprietary process, the employer, pursuant to procedures established by
  the commissioner, shall inform employees or their representatives, as to
  the  toxic  effects  and the circumstances under which these effects are
  produced for  those  toxic  substances  whose  identity  has  been  duly
  registered  with  the commissioner as a component of a trade secret or a
  proprietary process but shall not be required to  divulge  the  specific
  identity of the substance.
4. No officer, employee or agent of any state or municipal department,
  agency,  commission  or authority shall disclose to anyone in any manner
  any record or portions thereof protected pursuant to  this  article  and
  which  are within his custody or knowledge for so long as such record or
  portions thereof shall be so exempted or until a final  judicial  denial
  of  such exemption is rendered. Any person who violates any provision of
  this subdivision may be fined, imprisoned,  suspended  or  removed  from
  office or employment in the manner provided by law.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4806 - Public Inquiries.

§ 4806. Public inquiries. Within the limits of any moneys appropriated
  therefor,  the  department  shall process all inquiries it receives from
  manufacturers, importers and employers regarding the toxic  effects  and
  circumstances   under   which  these  effects  are  produced  for  toxic
  substances found in the workplace.
2023 New York Laws › PBH - Public Health › Article 48 - Toxic Substances › 4808 - Separability.

§  4808.  Separability.  If  any  section, clause or provision of this
  article shall be unconstitutional or be ineffective in whole or in part,
  to the extent that it is not unconstitutional or ineffective,  it  shall
  be  valid  and effective and no other section, clause or provision shall
  on account thereof be deemed invalid or ineffective.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 1 - Certification of Agents and Utilization Review Process › 4906 - Waiver.

§  4906.  Waiver.  1.  Any  agreement  which purports to waive, limit,
  disclaim, or in any way diminish the rights set forth in  this  article,
  except as provided pursuant to section four thousand nine hundred ten of
  this article shall be void as contrary to public policy.
2.  Notwithstanding  subdivision  one  of this section, in lieu of the
  external appeal process as set forth in this article, a health care plan
  and a facility licensed pursuant to article twenty-eight of this chapter
  may agree to an alternative  dispute  resolution  mechanism  to  resolve
  disputes otherwise subject to this article.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 1 - Certification of Agents and Utilization Review Process › 4907 - Rights and Remedies.

§ 4907. Rights and remedies. The rights and remedies conferred in this
  article upon enrollees and health care providers shall be cumulative and
  in addition to and not in lieu of any other rights or remedies available
  under law.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 1 - Certification of Agents and Utilization Review Process › 4908 - Applicability to Erisa Plans.

§  4908.  Applicability to ERISA Plans. Notwithstanding the foregoing,
  the provisions of this article shall not apply to any utilization review
  conducted by, or on behalf of, a self-insured employee  welfare  benefit
  plan, as defined in the employee retirement income security act of 1974,
  as amended.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 2 - Right to External Appeal › 4911 - Powers of the Commissioner.

§ 4911. Powers of the commissioner. 1. The commissioner shall have the
  power  to  grant  and revoke certifications of external appeal agents to
  conduct external appeals requested pursuant to either paragraph  (a)  or
  (b)  of  subdivision two of section forty-nine hundred ten of this title
  or pursuant to both such paragraphs.
2.  If,  after  reviewing  the  application  authorized   by   section
  forty-nine  hundred  twelve of this title, the commissioner is satisfied
  that  the  applicant  meets  the  requirements  of  this  section,   the
  commissioner  shall  issue a certificate to the applicant. A certificate
  issued under this section shall be valid for a period of not  more  than
  two years.
3.  In  order  to  be  re-certified,  an  external  appeal  agent must
  demonstrate to the commissioner on forms prescribed by the  commissioner
  that  it  continues  to  meet  all applicable standards required by this
  title. Re-certification under this section shall be valid for  a  period
  of not more than two years.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 2 - Right to External Appeal › 4913 - Conflict of Interest.

§  4913. Conflict of interest. 1. No external appeal agent or officer,
director, or management employee  thereof;  or  clinical  peer  reviewer
employed  or  engaged thereby to conduct any external appeal pursuant to
this title, shall have any material professional  affiliation,  material
familial   affiliation,   material   financial   affiliation,  or  other
affiliation  prescribed  pursuant  to  regulation,  with  any   of   the
following:
(a) the health care plan;
(b)  any  officer, director, or management employee of the health care
plan;
(c) any health care provider, physician's medical  group,  independent
practice association, or provider of pharmaceutical products or services
or  durable medical equipment, proposing to provide or supply the health
service;
(d) the facility at which the health service would be provided;
(e) the developer or manufacturer  of  the  principal  health  service
which is the subject of the appeal; or
(f)  the  enrollee  whose  health  care  service is the subject of the
appeal, or the enrollee's designee.
2. Notwithstanding the provisions of subdivision one of this  section,
the  commissioner  shall promulgate regulations to minimize any conflict
of interest where such conflict may be unavoidable.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 2 - Right to External Appeal › 4915 - Prohibited Practices.

§ 4915. Prohibited practices. An external appeal agent shall not, with
  respect to external appeal activities, permit or provide compensation or
  anything of value to its employees, agents, or contractors based on:
1.  either  a percentage of the amount by which a claim is reduced for
  payment or the number of claims or the cost of services  for  which  the
  person has denied authorization or payment; or
2.  any  other  method  that  encourages  the  upholding of an adverse
  determination.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 2 - Right to External Appeal › 4916 - Oversight and Surveillance of the External Appeal Process.

§  4916. Oversight and surveillance of the external appeal process. 1.
The commissioner shall have the power to:
(a) review the activities of the health care plans and external appeal
agents pursuant to this title, including the extent to which such  plans
and  agents adhere to the standards and time frames required pursuant to
this title;
(b) investigate complaints by enrollees  regarding  requests  for  and
processing of external appeals; and
(c)  conduct  random  audits  of health care plans and external appeal
agents to determine compliance with the provisions of this title.
2. Each health care plan and external appeal agent shall annually,  in
such  form  as  the  commissioner  shall  require,  report the number of
external appeals requested by enrollees and the  outcomes  of  any  such
external appeals.
3.  The  commissioner  shall  annually report, by plan and agent, such
information to the governor and the legislature, provided that  no  such
information   shall   be   included  which  would  otherwise  be  deemed
confidential information within the meaning of this chapter.
2023 New York Laws › PBH - Public Health › Article 49 - Utilization Review and External Appeal › Title 2 - Right to External Appeal › 4917 - Hold Harmless.

§  4917.  Hold harmless. A health care provider requesting an external
  appeal of a concurrent adverse determination, including when the  health
  care  provider  requests  an external appeal as the enrollee's designee,
  shall not pursue reimbursement from the enrollee for services determined
  not medically necessary by the external appeal agent, except to  collect
  a copayment.
2023 New York Laws › PBH - Public Health › Article 49-A - Medical Debt Reporting › 4925 - Definitions.

§  4925.  Definitions.  As  used  in this article, the following terms
  shall have the following meanings:
1. "Medical debt" means an  obligation  or  alleged  obligation  of  a
  consumer  to  pay any amount whatsoever related to the receipt of health
  care services, products, or devices provided to a person by  a  hospital
  licensed  under  article  twenty-eight  of  this  chapter, a health care
  professional authorized under title eight of the  education  law  or  an
  ambulance  service  certified  under  article  thirty  of  this chapter.
  Medical debt does not include debt charged to a credit card  unless  the
  credit  card  is  issued  under an open-ended or closed-end plan offered
  specifically for the payment  of  health  care  services,  products,  or
  devices provided to a person.
2. "Collection entity" means any individual, partnership, corporation,
  trust,  estate,  co-operative,  association,  government  or  government
  subdivision, agency or other entity that either purchases  medical  debt
  or collects medical debt on behalf of another entity.
3.  "Consumer  reporting  agency"  shall have the same meaning as such
  term is defined  in  section  three  hundred  eighty-a  of  the  general
  business law.
2023 New York Laws › PBH - Public Health › Article 49-A - Medical Debt Reporting › 4926 - Medical Debt Reporting Prohibited in Contracts With Collection Entities.

§ 4926. Medical debt reporting prohibited in contracts with collection
  entities.  A  hospital  licensed  under  article  twenty-eight  of  this
  chapter, a health care professional authorized under title eight of  the
  education law, or an ambulance service certified under article thirty of
  this chapter:
1.  shall  not  furnish  any  portion  of a medical debt to a consumer
  reporting agency; and
2. shall include a provision in  any  contract  entered  into  with  a
  collection  entity  for  the purchase or collection of medical debt that
  prohibits the reporting of  any  portion  of  such  medical  debt  to  a
  consumer reporting agency.
2023 New York Laws › PBH - Public Health › Article 50 - Separability Clause; Saving Clause; Construction; Laws Repealed; Time of Taking Effect › 5000 - Separability Clause.

§  5000.  Separability  clause.  If  any  clause, sentence, paragraph,
  section or part of this chapter  shall  be  adjudged  by  any  court  of
  competent  jurisdiction  to  be invalid, such judgment shall not affect,
  impair, or invalidate the remainder thereof, but shall  be  confined  in
  its  operation  to  the  clause,  sentence,  paragraph, section, or part
  thereof directly involved in the  controversy  in  which  such  judgment
  shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 50 - Separability Clause; Saving Clause; Construction; Laws Repealed; Time of Taking Effect › 5001 - Saving Clause; Construction.

§  5001. Saving clause; construction. 1. Nothing contained in this act
  shall affect or impair any  act  done  or  right  accruing,  accrued  or
  acquired, or any penalty, forfeiture or punishment incurred prior to the
  time  when  this  act  shall  take  effect,  under  or  by virtue of the
  provision  or  provisions  of  the  public  health  law,  as  in   force
  immediately  prior  to the time this act shall take effect, but the same
  may be asserted, enforced, prosecuted or inflicted, as fully and to  the
  same extent as if this act shall not have taken effect.
2.  An  act of the legislature of the year nineteen hundred fifty-four
  which adds or purports to add a new  article,  section,  subdivision  or
  other provision of law to the public health law, as in force immediately
  prior  to  the  time  this  act  shall  take effect, shall be deemed and
  construed as having been added to such law, as amended by this act,  and
  shall  be  given full effect according to its context as if the same had
  been added expressly and in terms of such law, as amended by  this  act,
  and  shall be deemed and construed to have been inserted in such law, as
  amended by this act, in the appropriate respective position in regard to
  and as modifying the effect of the corresponding provision or provisions
  of such law, as amended by this act.
3. Reference in any act  of  the  legislature  of  the  year  nineteen
  hundred fifty-four to an existing article, section, subdivision or other
  provision of the public health law, as in force immediately prior to the
  time  this act shall take effect, shall be deemed and construed to refer
  to the corresponding article, section, subdivision or other provision of
  such law, as renumbered, modified or amended by this act.
4. Reference in any general, special or local law, rule, regulation or
  public document to any provision or provisions of the public health law,
  as in force immediately prior to the time this act  shall  take  effect,
  shall  be deemed to be and construed as a reference to the corresponding
  provision or provisions of such law, as renumbered, modified or  amended
  by  this act, irrespective of whether such provision or provisions is or
  are  contained  in  one  or  more  than  one  title,  article,  section,
  subdivision or other part thereof.
5.  The provisions of this chapter in so far as they are substantially
  the same as the existing provisions of the public health  law  shall  be
  construed  as  a  continuation  of  the  provisions of the former public
  health law and not as new enactments.
6. This chapter shall not affect pending actions or proceedings, civil
  or criminal, but the same may be prosecuted  or  defended  in  the  same
  manner  and  with  the  same  effect as though this chapter had not been
  passed.
2023 New York Laws › PBH - Public Health › Article 50 - Separability Clause; Saving Clause; Construction; Laws Repealed; Time of Taking Effect › 5002 - Laws Repealed.

§  5002.  Laws  repealed.  Chapter  forty-nine of the laws of nineteen
  hundred nine, entitled  "An  act  in  relation  to  the  public  health,
  constituting chapter forty-five of the consolidated laws, " and all acts
  amendatory  thereof  and  supplemental  thereto, constituting the public
  health law as heretofore  in  force,  are  hereby  repealed,  except  as
  otherwise provided herein.
2023 New York Laws › PBG - Public Housing › Article 1 - Short Title; Policy of State and Purpose of Chapter; Definitions › 2 - Policy of State and Purpose of Chapter.

§  2.  Policy  of state and purpose of chapter.  It is hereby declared
  that in certain areas of cities, towns and villages of the  state  there
  exist   insanitary   and   substandard   housing   conditions  owing  to
  overcrowding and concentration of  the  population,  improper  planning,
  excessive land coverage, lack of proper light, air and space, insanitary
  design  and  arrangement,  or  lack  of proper sanitary facilities; that
  these conditions are chiefly in areas where low rent  dwellings  prevail
  and  that  such  conditions  and  dwellings  are a menace to the health,
  safety, morals, welfare and reasonable comfort of the citizens  of  this
  state;  that  there  is  not  an  adequate supply of adequate, safe, and
  sanitary dwelling accommodations for persons of low income;  that  these
  conditions  cause  an  increase  and  spread  of  disease  and crime and
  constitute a menace to the health, safety, morals, welfare, and  comfort
  of  the citizens of the state; that these conditions inflict blight upon
  the economic value of large areas, impair private  investments  and  the
  source  of  public revenues; that these conditions cannot be remedied by
  the ordinary operation of  private  enterprise;  that  these  conditions
  require  that provision be made for the investment of public and private
  funds at low interest rates in low rent housing and the  acquisition  at
  fair  prices  of adequate parcels of property, the gradual demolition of
  existing insanitary and unsafe  housing  and  the  construction  of  new
  housing  facilities,  under  public  supervision  in  accord with proper
  standards of sanitation and safety and  at  a  cost  which  will  permit
  monthly  rentals  which  persons  of  low income can afford to pay; that
  loans and subsidies by the state and its subdivisions are necessary  for
  such  purposes;  that  the  clearance,  replanning,  reconstruction  and
  rehabilitation of substandard and insanitary areas or the  providing  of
  adequate,  safe  and  sanitary  low rent housing accommodations in these
  areas and elsewhere for persons and families of low income, or  both  of
  these,  are public uses and purposes for which public money may be spent
  and  private  property  acquired;  that  these  conditions  require  the
  creation  of  the agencies and instrumentalities hereinafter prescribed,
  which are declared to be agencies and instrumentalities of the state for
  the purpose of attaining the ends herein recited; and the  necessity  in
  the  public  interest  for  the provisions hereinafter enacted is hereby
  declared as a matter of legislative determination.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 10 - Division of Housing and Community Renewal.

§  10.  Division  of housing and community renewal.  There shall be in
  the executive department a division of housing  and  community  renewal.
  Reference  in this chapter or in any other general, special or local law
  to the division of housing shall be deemed to  mean  and  refer  to  the
  division  of  housing and community renewal which is hereby made the new
  title of such division.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 11 - Commissioner of Housing and Community Renewal; Appointment; Term of Office; Vacancies; Salaries.

§ 11. Commissioner of housing and community renewal; appointment; term
  of office; vacancies; salaries.  The head of the division of housing and
  community  renewal  shall  be  the commissioner of housing and community
  renewal who shall be appointed by the governor  and  shall  hold  office
  during  his pleasure. The commissioner shall receive an annual salary to
  be fixed by the governor within the amount  appropriated  therefor.  The
  commissioner  shall  be the chief executive officer of the division, and
  he may, by order filed in the executive department, delegate any of  his
  powers  to  or  direct  any  of  his duties to be performed by a deputy,
  except the power to appoint or remove officers or employees  or  to  fix
  their compensation.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 12 - Officers and Employees.

§ 12. Officers and employees.  Subject to approval by the governor, or
  pursuant  to  rules prescribed by him, the commissioner may appoint such
  officers and employees as may be required for  the  performance  of  the
  powers  and  duties  of the division, determine their qualifications and
  fix their compensation within the amount provided by appropriation.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 12-B - Refunds.

§  12-b. Refunds.  Moneys received by the state division of housing or
  the commissioner of housing pursuant to this  chapter  and  the  private
  housing finance law or under any agreement prior to July first, nineteen
  hundred  sixty-one  may  be  refunded:  (a)  where  such moneys were not
  required by law or the commissioner's rules or  regulations;  (b)  where
  such moneys were in excess of the amounts that may be required by law or
  as fixed by the commissioner pursuant to law or the commissioner's rules
  or  regulations.  Any  such  moneys  received after July first, nineteen
  hundred sixty-one shall not be so refunded unless application  for  such
  refund  has  been made within three years after its receipt by the state
  division of housing.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 13 - Disqualification of Commissioner, Officers and Employees.

§  13.  Disqualification  of  commissioner,  officers  and  employees.
  Neither the commissioner, nor any officer or employee in the division of
  housing shall acquire any interest direct or indirect in a project or in
  any property then or thereafter included or planned to be included in  a
  project,  nor  retain  any  interest  direct or indirect in any property
  acquired subsequently to his appointment or employment  which  is  later
  included  or  to  his knowledge planned to be included in a project, nor
  shall he have any  interest  direct  or  indirect  in  any  contract  or
  proposed  contract  for materials or services to be furnished or used in
  connection with a  project.  If  the  commissioner  or  any  officer  or
  employee  in the division of housing owns or controls an interest direct
  or indirect in any property included in any project, which was  acquired
  prior  to his appointment or employment, he shall disclose such interest
  and the date of acquisition thereof in writing to the  governor  or  the
  commissioner,  as  the case may be, and such disclosure shall be entered
  in a special record of the division of housing kept for such purpose.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 15 - Actions and Proceedings Against the Commissioner or the State; Intervention by Commissioner in Certain Actions and Proceedings.

§  15.  Actions and proceedings against the commissioner or the state;
  intervention by commissioner in certain actions and proceedings.    With
  regard  to  duties or liabilities arising out of this chapter, the state
  or the commissioner may be sued in the same manner as a private  person.
  In any action or proceeding affecting any state project the commissioner
  shall  be  given  notice  thereof,  and he shall take such steps in such
  action or proceeding as may be necessary to protect the public interest.
  If, in the opinion of the commissioner, it is necessary or desirable  in
  the  public  interest, that he intervene in such action or proceeding he
  shall be permitted to do so as a matter of right. Whenever in connection
  with a state project under any instrument or law, a notice of default in
  writing is required to be  served  upon  an  authority  or  municipality
  before  the  institution  of  any  action  or proceeding, a copy of such
  notice shall be served upon the commissioner at least five  days  before
  commencement  of  the  action  or  proceeding. No costs shall be awarded
  against the commissioner or the state in any such litigation.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 16 - Powers and Duties of Commissioner With Respect to State Projects.

§  16.  Powers  and  duties  of  commissioner  with  respect  to state
  projects.  With respect to any state  project,  the  commissioner  shall
  have  the  following  duties and powers: 1. To order such repairs of the
  buildings and structures constituting the project as may be necessary.
2. To order the authority  or  the  municipality  if  the  project  is
  undertaken  or  operated  by the municipality, to do such acts as may be
  necessary to comply with the provisions of this chapter, or any rule  or
  regulation adopted by the commissioner, or the terms of the contract for
  state  aid,  or to refrain from doing any act in violation of any of the
  foregoing.
3. To enforce his orders  by  mandamus  or  injunction  in  a  summary
  proceeding.
4.  To permit the consolidation of two or more approved state projects
  or the extension or  amendment  thereof  or  the  consolidation  of  any
  approved  state  project  with a proposed project. In any such case, the
  consolidated state project shall be treated as an original state project
  and an application shall be submitted as in  the  case  of  an  original
  state project and the rents and costs of the consolidated project may be
  averaged. Consolidation hereunder may be permitted regardless of whether
  the state projects to be consolidated are contiguous or adjacent to each
  other.  Such  contracts  as  may  have been made with regard to approved
  state  projects  may,  upon  consolidation  of  the  projects,  also  be
  consolidated  and  contracts  for  consolidated  state projects shall be
  subject to all the provisions of this chapter, governing original  state
  projects.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 17 - Occupancy Preference.

§  17. Occupancy preference.  The occupancy of any state project shall
  be restricted to persons of low income and preference shall be given  to
  persons  who  live  or shall have lived in the substandard or insanitary
  area  or  areas  which  have  been  or  will  be   cleared,   replanned,
  reconstructed or rehabilitated pursuant to a plan.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 18 - Effects of Breach or of Acquisition of Projects by Third Persons.

§  18.  Effects  of  breach  or  of  acquisition  of projects by third
  persons.  In every contract for a loan by  the  state  or  for  periodic
  subsidies  by  the state, or both, a substantial breach of the condition
  set forth therein providing for the maintenance of the  project  as  low
  rent  housing  shall  be defined in such terms as the commissioner shall
  deem to be in the public interest and consistent with the provisions and
  purposes of this chapter. In every such contract the commissioner  shall
  retain  the  right,  in the event of such a substantial breach or in the
  event of the acquisition of title to the project by a third party, other
  than a government authorized to engage in the administration of low rent
  housing and approved by the commissioner, in any manner including a bona
  fide foreclosure under a mortgage or other lien held by a  third  party,
  to increase the interest payable thereafter on the unpaid balance of any
  loan  made pursuant to the contract to a rate not in excess of the going
  state rate of interest (at the time of such breach or acquisition)  plus
  two  per  centum  per  annum  or  to declare any such unpaid balance due
  forthwith and to reduce or  terminate  any  periodic  subsidies  payable
  under the contract.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 19 - Rules and Regulations.

§  19.  Rules and regulations.  The commissioner shall have the power,
  from time to time, to make, promulgate, modify, amend and  repeal  rules
  and  regulations  to  effectuate  his powers and duties. No such rule or
  regulation except such  as  relates  to  the  organization  or  internal
  management  of  the  division of housing, shall be effective until it is
  filed in the office of the department of state.
2023 New York Laws › PBG - Public Housing › Article 2 - Division of Housing › 19-A - Electronic Lease Regulations.

§   19-a.  Electronic  lease  regulations.  1.  The  commissioner,  in
  consultation with the electronic facilitator as defined in section three
  hundred three of the state technology law, shall  promulgate  rules  and
  regulations authorizing the use of electronic records or signatures on a
  voluntary  basis by tenants for residential leases and lease renewals of
  units for which the  owner  is  required  to  file  annual  registration
  statements,  pursuant to either section twelve-a of the emergency tenant
  protection act  of  nineteen  seventy-four  or  section  26-517  of  the
  administrative  code  of the city of New York, in a manner that conforms
  with the requirements of article three of the state technology law.
2. Such rules and regulations shall include, but not  be  limited  to,
  procedures  regarding  notification  to  tenants  regarding  affirmative
  consent to the use of electronic records and that the use of  electronic
  records  and  signatures  is voluntary pursuant to section three hundred
  nine of the state technology law.
3. The division shall also develop a form in  the  top  six  languages
  other than English spoken in the state according to the latest available
  data from the U.S. Bureau of Census that confirms a tenant's affirmative
  consent  to the use of electronic records. Such form shall clearly state
  the requirement that the use of electronic  records  and  signatures  is
  voluntary  and cannot be required by a landlord, cite the relevant parts
  of the electronic signatures and records act, and require that copies of
  this signed consent form  be  provided  to  the  tenant.  No  electronic
  records  shall  be  accepted  by  any  court or any unit of the division
  unless such consent form is provided to such courts or the division.
2023 New York Laws › PBG - Public Housing › Article 2-A - New York State Low Income Housing Tax Credit Program › 23 - Project Monitoring.

§  23.  Project  monitoring.  The  commissioner  shall  establish such
  procedures deemed necessary for monitoring  compliance  of  an  eligible
  low-income  building  with  the  provisions  of  this  article,  and for
  notifying  the  commissioner  of  taxation  and  finance  of  any   such
  noncompliance.
2023 New York Laws › PBG - Public Housing › Article 2-A - New York State Low Income Housing Tax Credit Program › 24 - Credit Recapture.

§ 24. Credit recapture. If, as of the close of any taxable year in the
  compliance  period,  the  amount  of the qualified basis of any building
  with respect to the taxpayer is less than the amount of such basis as of
  the close of the preceding taxable year, the credit under  this  article
  may be recaptured as provided in section eighteen of the tax law.
2023 New York Laws › PBG - Public Housing › Article 2-A - New York State Low Income Housing Tax Credit Program › 25 - Regulations, Coordination With Federal Low-Income Housing Credit Provisions.

§ 25. Regulations, coordination with federal low-income housing credit
  provisions.  1.  The commissioner shall promulgate rules and regulations
  necessary to administer the provisions of this act.
2. The provisions of section 42 of the  internal  revenue  code  shall
  apply  to the credit under this article, provided however, to the extent
  such provisions are inconsistent with this article,  the  provisions  of
  this article shall control.
3.  The  allocation  of  the credit established by this article may be
  made without regard to  and  in  a  separate  manner  from  any  federal
  low-income  housing  credit  that  may  be  allocated with respect to an
  eligible low-income building.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 31 - Scope of Authority's Jurisdiction.

§ 31. Scope of authority's jurisdiction.  The territorial jurisdiction
  of  an  authority established for a city or village shall be coterminous
  with the territorial limits of such city or village, and the territorial
  jurisdiction of an authority established for a town  shall  include  all
  such  town,  except that such territorial jurisdiction shall not include
  any territory that lies within the boundaries of  any  village,  whether
  such  village  has  or  has not established an authority. The members of
  such town authority  shall  if  they  consent  and  when  authorized  by
  resolutions  of  the  town  board  and  the  village  board,  act as the
  authority in and for said village, the same as if it  had  been  created
  especially for said village.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 32 - Officers and Employees; Compensation and Expenses.

§  32. Officers and employees; compensation and expenses.  1. When the
  office of the first  chairman  of  the  authority  becomes  vacant,  the
  authority  shall select a chairman from among its members.  An authority
  shall select from among its members a vice-chairman, and it may  employ,
  subject  to  the  provisions  of the civil service law applicable to the
  municipality in which it is established, a general manager, a secretary,
  technical experts and such other officers, agents and  employees  as  it
  may  require, and determine their qualifications, duties and, subject to
  the approval of the local legislative body, fix their  compensation.  An
  authority  may call upon the corporation counsel or chief law officer of
  the municipality for such legal services as it may require and it  shall
  reimburse  the  municipality  for  the  cost of such services, or it may
  employ its own counsel and  legal  staff.  This  section  shall  not  be
  construed  to  prevent  an  authority  from  engaging by contract in the
  execution of a project architectural, engineering or other  professional
  or consultant services.
2. An authority may delegate to one or more of its agents or employees
  such powers or duties as it may deem proper.
3.  A member of an authority may be compensated on a per diem basis at
  a rate to be fixed by the authority not to exceed in the  aggregate  two
  thousand  dollars for a member and two thousand five hundred dollars for
  a chairman per annum and in addition shall be entitled to the  necessary
  expenses  including  traveling expenses incurred in the discharge of his
  duties.
4. Every officer, agent or employee of an authority who shall sign the
  receipt upon the payroll of an authority as having received  the  amount
  therein  mentioned  in full payment for services rendered by him for the
  entire time specified in such  payroll  or,  in  the  event  no  payroll
  receipt is required by an authority, shall endorse a check in the amount
  shown  upon such payroll and receive payment thereof, shall be deemed to
  have made an accord and satisfaction of all claims against the authority
  for wages, salary or other compensation due  to  such  person  from  the
  authority  for the period covered by such payroll, unless at the time of
  signing such payroll or endorsing such check the person  receiving  such
  wages  or  salary  shall write legibly on the payroll in connection with
  his receipt or on such check in connection with his endorsement that the
  amount received is received under protest, and unless such protest is so
  written upon such payroll or check, no recovery shall be had against the
  authority  upon  any  further  claim  for  wages,  salaries   or   other
  compensation for the period of time covered by such payroll.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 33 - Transfer of Officers and Employees.

§  33.  Transfer of officers and employees.  Officers and employees of
  any board or department in or  of  the  municipality,  selected  by  the
  authority, who shall theretofore have passed a civil service examination
  with  reference  to the position they then hold, may be transferred with
  the consent of such board or department to the authority, and  shall  be
  eligible  for  such  transfer  and appointment, without examination, and
  their salaries or compensation shall, during  the  effective  period  of
  such  transfer,  be paid by the authority. The officers and employees of
  such  municipality  transferred  to  the  authority  pursuant   to   the
  provisions  of  this  section,  who  are members or beneficiaries of any
  existing pension or  retirement  system,  shall  continue  to  have  the
  rights,  privileges,  obligations and status with respect to such system
  or systems, but during the period of their employment by  the  authority
  all contributions to any pension or retirement fund or system on account
  of  such  officers  or  employees which would, except for such transfer,
  have been paid by such municipality, shall be paid by the authority; and
  all such employees shall have the same  status  with  respect  to  their
  positions  after  transfer  to  the  authority  as  they had under their
  original appointments. Any employee so transferred may be removed by the
  authority in accordance with the provisions of the civil service law.
In addition to  the  right  of  reinstatement  that  such  persons  so
  transferred  shall have pursuant to the provisions of section thirty-one
  of the civil service law under  the  circumstances,  and  in  the  cases
  provided   in  said  section,  such  person  shall  have  the  right  of
  reinstatement pursuant to said section not only in the  service  of  the
  authority   but   also  in  the  service  from  which  such  person  was
  transferred.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 34 - Vacancies and Removals.

§  34.  Vacancies  and  removals.    A vacancy occurring other than by
  reason of the expiration of the term of a member of an  authority  shall
  be  filled  for  the unexpired term.  The mayor of a city or village, or
  the town board of a town, may remove  a  member  of  the  authority  for
  inefficiency,  neglect  of duty, or misconduct in office, but only after
  the member shall have been given a copy of the charges against  him  and
  an opportunity to be heard in person or by counsel in his own defense at
  a  public  hearing.  In  the  event  of  removal, the mayor of a city or
  village, or the town board of a town, shall file with the commissioner a
  record of the proceedings together with  a  copy  of  the  charges  made
  against  the  member  and  his  or  its  findings thereon.   Pending the
  determination of charges against a member, the mayor or the town  board,
  as the case may be, may suspend him from office.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 36 - Disqualification of Members and Employees of Authorities.

§  36.  Disqualification  of members and employees of authorities.  No
  member or employee of an authority shall acquire any interest direct  or
  indirect  in a project or in any property then or thereafter included or
  planned to be included in a project, nor retain any interest  direct  or
  indirect  in  any  property  acquired subsequently to his appointment or
  employment which is later included or to his  knowledge  planned  to  be
  included in a project, nor shall he have any interest direct or indirect
  in  any  contract  or  proposed contract for materials or services to be
  furnished or used in connection with  any  project.  If  any  member  or
  employee  of  any  authority  owns  or  controls  an  interest direct or
  indirect in any property included in any  project,  which  was  acquired
  prior  to his appointment or employment, he shall disclose such interest
  and the date of acquisition thereof in writing to the authority prior to
  such appointment and such disclosure shall be entered upon  the  minutes
  of the authority.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 38 - An Authority Shall File With the Commissioner a Copy of Each Proposed Project Embodying the Plans, Layout, Estimated Costs and Proposed Method of Fina

§  38.    An authority shall file with the commissioner a copy of each
  proposed project  embodying  the  plans,  layout,  estimated  costs  and
  proposed  method  of financing.  Any change made in the project shall be
  filed with the commissioner by the authority. With reasonable promptness
  after each project shall have been completed,  and  from  time  to  time
  prior to completion upon request of the commissioner, an authority shall
  file with the commissioner a detailed statement of the cost thereof.
Upon receipt of a copy of a proposed state project, or of any proposed
  change  therein,  the  commissioner  may  transmit  his  criticisms  and
  suggestions  with  reasonable  promptness  to  the  authority   or   the
  municipality.  No  change in a state project may be made by an authority
  or a municipality without the approval of the commissioner.
2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 39 - Projects Financed Solely by Authorities.

§  39.  Projects  financed  solely  by authorities.   An authority may
  undertake projects with funds obtained solely from sale of its bonds  to
  persons, firms or corporations other than governments, provided that the
  municipality  approves such projects in the manner provided for approval
  of projects involving municipal aid.