2023 New York Laws › PBG - Public Housing › Article 3 - Municipal Housing Authorities › 55-A - Facilities Incidental or Appurtenant to a Project.

§ 55-a. Facilities incidental or appurtenant to a project.
In  addition  to  any  other  lawful  method  for  the provision by an
  authority of facilities  incidental  or  appurtenant  to  a  project,  a
  municipality  may  in  connection with any project of an authority, upon
  approval by the local legislative body, contract with an  authority  for
  the  preparation  of  plans  and  construction  by the authority for the
  municipality, as part of a combined occupancy structure,  of  a  social,
  recreational,  health,  educational,  or  other  non-housing facility or
  facilities deemed by the municipality and the authority to be incidental
  or  appurtenant  to  such  project,  including  material  and  equipment
  customarily  provided  in connection with such facility and required for
  the operation thereof, and for the conveyance, grant or surrender in fee
  of its interest in the facility or facilities by the  authority  to  the
  municipality upon reimbursement of the authority by the municipality for
  all  costs  incurred  by  the  authority for development of the facility
  during construction or upon conveyance thereof. The  authority  and  the
  municipality  may  provide  for, grant and reserve such easements, space
  rights and air rights as they  may  deem  necessary  to  effectuate  the
  project  and  complete  the  facility.  The cost of any such non-housing
  facility  or  facilities  to  be  built  by  the   authority   for   the
  municipality,  which cost is to be reimbursed by the municipality to the
  authority, shall not be included in project  cost  for  the  purpose  of
  determining  the amount of periodic subsidies, if any, to be paid by the
  state for the project pursuant to section seventy-three of this chapter.
  Notwithstanding the provisions of any other general,  special  or  local
  law  to the contrary, such contract may provide that the authority shall
  have sole charge and control over the plans and specifications  for  and
  the construction and supervision during construction of such facility or
  facilities;  provided  that  the  plans  and  specifications for and the
  construction of the project and the non-housing facility  or  facilities
  shall  be subject to approval of the agency or agencies of the state and
  municipality  having  jurisdiction  thereof  as  provided  by  law.  The
  authority  shall in constructing such facility or facilities comply with
  the requirements of this chapter. As  used  in  this  section  "combined
  occupancy  structure"  shall  mean  any  improvement  on  real  property
  including  fee  interests,  easements,  space  rights  or  air   rights,
  containing  a non-housing facility or facilities in combination with the
  residential portion of a project and intended to increase  from  both  a
  planning  and  economic viewpoint the effective utilization of available
  land  areas.  A  combined  occupancy  structure  shall  also  include  a
  structure  in  a  project  or  development  under  the  auspices  of the
  authority wherein housing portions of structures placed upon the overall
  site are not built in space rights over the non-housing portion, so long
  as some part of the housing portion is constructed over the  non-housing
  portion.  The  foregoing  authorization  shall  be  in  addition  to any
  existing powers of an authority or municipality under this chapter,  and
  is  not  intended  to  nor  shall  it  impair  any existing powers of an
  authority pursuant to this chapter  to  provide  non-housing  facilities
  deemed  incidental  or  appurtenant  to  a  project, and to operate such
  facilities or lease the same to a municipality or agency thereof, public
  or non-profit body, or other person or corporation, for  such  operation
  or use.