Section 30. Organization of authorities  


Latest version.
  • 1. In the case of an authority
      hereafter established by a special act of the legislature, the mayor  of
      a city or village, or the town board of a town, shall file in the office
      of  the  commissioner, and a duplicate in the office of the secretary of
      state, a certificate signed by him or it and setting forth: (a) the date
      of the passage of the special act establishing the  authority;  (b)  the
      name of the authority; and (c) the names of the members and their terms,
      specifying which member is chairman.
        2.  Except as otherwise provided by special act of the legislature, an
      authority shall consist of not less  than  three  nor  more  than  seven
      members.  The  members  of an authority who are first appointed shall be
      not more than five in number and shall be designated to serve for  terms
      of  one,  two,  three, four and five years respectively from the date of
      their appointment, depending upon the number of members constituting the
      authority. Thereafter the term of office of appointive members shall  be
      five  years.  A member shall continue to hold office until his successor
      is appointed or elected and has  qualified.  The  mayor  of  a  city  or
      village,  or  the  town  board  of  a town, shall appoint the appointive
      members, designate the first chairman and file with the  commissioner  a
      certificate of appointment or the reappointment of any member.
        3.  A  majority  of  the  members  of  an authority shall constitute a
      quorum.
        4. Not more than one member of an authority may be an official  or  an
      employee  of  the  municipality  at  any  one time. In the event that an
      official or an employee of the municipality  shall  be  appointed  as  a
      member  of  the  authority,  acceptance or retention of such appointment
      shall not be deemed a forfeiture of his municipal office or  employment,
      or  incompatible  therewith  or affect his tenure or compensation in any
      way. The term of office of a member of an authority who is  an  official
      of the municipality shall terminate at the expiration of the term of his
      municipal office.
        5.  Notwithstanding  any other provision of law, each authority having
      supervision over one hundred or more occupied  dwelling  units  and  not
      located  in  a  city  having a population of more than one million shall
      include  as  members  two  tenants  elected  by  the  residents  of  the
      authority's  housing for terms of two years each.  Each authority coming
      within the provisions of this subdivision shall, within six months after
      the effective date of this act or within six months after the  authority
      becomes  subject  to the requirements of this subdivision, adopt by-laws
      specifying  the  time  and  manner  of  the  election  of   the   tenant
      representatives.  All  residents  of  the  authority's  housing  who are
      eighteen years of age or older shall be eligible to vote. The  authority
      may  provide in the by-laws whether both tenant representatives shall be
      elected simultaneously for concurrent terms or one shall be elected each
      year with the terms overlapping and whether both shall be elected by all
      the residents or each one elected by one  half  of  the  residents.  The
      first  election  shall  be  held within one year after the date by which
      by-laws for the election are required to be adopted. The  by-laws  shall
      be  subject  to  the  approval  of the commissioner, and if an authority
      fails within the six-month period to adopt acceptable by-laws  for  such
      election  the  commissioner  shall  specify  the  time and manner of the
      election.  Upon the taking of office of the two elected tenant  members,
      the  size of an authority shall be increased by two members and the term
      of any member appointed pursuant to this subdivision  prior  to  January
      first, nineteen hundred seventy-five shall end and a new member shall be
      appointed  for a term of five years. Acceptance or retention by a tenant
      of membership on an authority, whether by election  or  by  appointment,
      shall  not  be deemed incompatible with, or a forfeiture of his tenancy.
    
      An elected tenant representative shall  cease  to  serve  as  such  upon
      termination  of his tenancy for any reason, or upon his becoming subject
      to removal from occupancy due to the operation of  section  one  hundred
      fifty-six  of  this  chapter.  Any  compensation  paid  to an elected or
      appointed tenant member for his  services  to  an  authority  shall  not
      affect his eligibility for membership on such authority or for continued
      occupancy, but may be used in the determination of his rent. Any vacancy
      in  the  office  of  an elected tenant representative shall be filled as
      soon as may be practical by a new election.