Section 37. Powers of authority  


Latest version.
  • 1. An authority shall have the following
      powers in  addition  to  other  powers  granted  in  this  chapter:  (a)
      investigate  into  living  conditions  in  the municipality and into the
      means of improving such conditions; (b) determine  where  insanitary  or
      substandard  housing  conditions  exist;  (c)  publish  and  disseminate
      information; (d) prepare or arrange for preparation of plans for,  carry
      out  and operate projects; (e) construct, reconstruct, improve, alter or
      repair or provide for  the  construction,  reconstruction,  improvement,
      alteration  or repair of any project; (f) demolish structures; (g) clear
      areas; (h) lease, purchase, or otherwise acquire, manage, operate all or
      any part of  any  project,  or  any  dwelling  unit  or  units  therein,
      undertaken or completed by any government or housing company: (i) Act as
      agent  for  or  enter  into  contracts  and otherwise cooperate with the
      federal government in connection with a federal or municipal project, or
      any federally-aided  program  to  provide  dwelling  accommodations  for
      persons  of low income; (j) arrange, agree or contract with a government
      for the planning, replanning, opening, grading or  closing  of  streets,
      roads,  roadways,  alleys  or  other  places  or  for  the furnishing of
      facilities or for  the  acquisition  by  a  government  of  property  or
      property  rights  or  for  the  furnishing  of  property  or services in
      connection with a project; (k) lease or rent, as  lessor  or  sublessor,
      any  of  the  housing  or  other  accommodations  or  any  of the lands,
      buildings, structures or facilities embraced in any project or connected
      with any program to provide dwelling accommodations for persons  of  low
      income,  and  establish  and  revise  the rents or charges therefor; (l)
      enter upon any building or property in order to  conduct  investigations
      or  make  surveys,  soundings or test borings necessary to carry out its
      purposes; (m) acquire or contract to  acquire  from  any  person,  firm,
      corporation  or  government,  by  subsidy,  contribution,  gift,  grant,
      bequest, devise, purchase, condemnation or otherwise, real  or  personal
      property  or  any  interest  therein  or  lease  dwelling units from any
      person, firm or corporation for sublease to persons and families of  low
      income;  (n)  sell,  exchange,  transfer, assign or mortgage any real or
      personal property or any interest therein;  (o)  own,  hold,  clear  and
      improve real or personal property or any interest therein; (p) insure or
      provide  for  the insurance of its property or operations as required by
      law and also against such other risks as  it  may  deem  advisable;  (q)
      limit  by  contract,  the  exercise of any of its powers; (r) invest any
      funds held in reserves or sinking funds, or any funds not  required  for
      immediate  disbursement in property or securities in which savings banks
      may legally invest funds subject to their control; (s) sue and be  sued;
      (t)  have  a  seal  and  alter  the same at pleasure; (u) have perpetual
      succession;  (v)  make  and  execute  contracts  and  other  instruments
      necessary or convenient to the exercise of its powers; (w) make and from
      time  to  time  amend  and  repeal  by-laws,  rules  and regulations not
      inconsistent  with  the  provisions  of  this   chapter;   (x)   conduct
      examinations  and  investigations,  hear testimony and take proof, under
      oath at public or private hearings on any material matter,  require  the
      attendance of witnesses and the production of books and papers and issue
      commissions  for  the examination of witnesses who are out of the state;
      unable to attend, or excused from attendance; (y) authorize a  committee
      designated  by  it consisting of one or more members, or counsel, or any
      officer or employee to conduct any such investigation or examination, in
      which case such committee, counsel, officer or employee shall have power
      to administer oaths, take affidavits and issue subpoenas or commissions;
      and (z) enter into agreements of cooperation with or for  the  rendition
      of  service  to an agency as defined in subdivision five of section five
      hundred two of the general municipal law to assist such  agency,  at  no
    
      expense  to  the  authority or providing for payment to the authority of
      the agreed proportion of compensation or costs, in connection  with  the
      management  of  properties  in,  relocation  of displacees from, and the
      demolition  of  buildings  in any urban renewal area, in accordance with
      the provisions of this chapter and, except as may be  provided  in  such
      agreements,  without  regard  to  the  requirements of any law otherwise
      applicable to such agency: and (aa) at no cost or expense to  it,  enter
      into  agreements  of  cooperation  with a municipality which need not be
      within the territorial jurisdiction of  such  authority  notwithstanding
      the  provisions  of  section  thirty-one  or  article  thirteen  of this
      chapter, or with an authority  of  such  municipality,  to  assist  such
      municipality or authority in the construction, maintenance, operation or
      management  of  a project. (bb) do all things necessary or convenient to
      carry out its powers.
        2. An authority shall file in the office of  the  commissioner  annual
      reports,  which  shall  be  open to public inspection. The reports shall
      include for the first year of ownership or operation, in addition to any
      information which the commissioner may require, a statement with respect
      to each completed project owned or operated by  the  authority,  of  the
      following  data: (a) total cost of the land; (b) cost of land per square
      foot; (c) cost of building; (d) construction costs per  cubic  foot  and
      per dwelling room; (e) approximate date of completion; (f) amount of any
      government  loan for the project; (g) amount of any periodic subsidy for
      the project; (h) average rental per room including and excluding utility
      services; (i) number of apartments, full rooms and half rooms; (j) gross
      floor area per room;  (k)  number  of  vacant  apartments;  (l)  vacancy
      percentage;  (m)  total operating expenses per annum; (n) average annual
      operating costs per room; (o)  annual  income  from  rents  of  dwelling
      units;  (p)  annual income from other sources; (q) assessed valuation of
      property at the time of its acquisition for the  project;  (r)  minimum,
      maximum  and  average  aggregate annual income of the families occupying
      the project; (s) former population on  site;  (t)  number  of  buildings
      demolished  on  site;  (u)  former  density  on site per gross acre; (v)
      present density on site per gross acre.
        Each subsequent year of such continued ownership  or  operation,  such
      report   shall  contain,  in  addition  to  any  information  which  the
      commissioner  may  require,  the  following  data:  (a)  amount  of  any
      government  loan for the project; (b) amount of any periodic subsidy for
      the project; (c) average rental per room including and excluding utility
      services; (d) number of vacant apartments; (e) vacancy  percentage;  (f)
      total  operating  expenses per annum; (g) average annual operating costs
      per room; (h) annual income from rents of  dwelling  units;  (i)  annual
      income  from  other  sources; (j) minimum, maximum and average aggregate
      annual income of the families occupying the project.
        3. An authority shall file in the office of the  commissioner,  within
      six  months  of  the  effective  date  of  regulations implementing this
      subdivision and in such format as the commissioner shall prescribe after
      consultation with the state energy office, an energy  audit  report  for
      state  and  municipal  projects which identifies potential energy-saving
      building  improvements,   including   alterations,   modifications   and
      adjustments  to  the  building structure, heating, cooling, lighting and
      ventilation systems; their relative costs;  potential  energy  and  cost
      savings;  and  simple  payback  periods,  which  for the purpose of this
      subdivision shall mean that period of time within  which  the  estimated
      cost  of  such  improvements, exclusive of the cost of capital, would be
      recovered from the  savings  generated  by  reduced  energy  consumption
      resulting  from the improvements. The energy audit shall be conducted by
      a public utility, an engineer or architect licensed by the state, or the
    
      managing  agent  or  other  representative  of  the  authority  if  such
      individual  has  attended an energy audit training workshop sponsored by
      the commissioner or the state energy office. A copy of the energy  audit
      report, required herein, shall be given to any duly constituted tenant's
      association  or  cooperator's  advisory  council  and  a  copy  shall be
      available for inspection  and  copying  by  any  individual  tenant  who
      requests  it.  An  authority  shall  also certify by March thirty-first,
      nineteen hundred eighty-four that all compatible  conservation  measures
      identified  in the energy audit report which have simple payback periods
      of one year or less have been implemented;  provided,  however,  if  the
      commissioner  determines  within sixty days of the date the energy audit
      report is filed  that  one  or  more  of  such  identified  conservation
      measures  cannot  be implemented by March thirty-first, nineteen hundred
      eighty-four given the projected  rent  revenues  and  any  other  monies
      available  to the authority from reserve funds, loans or grants from the
      state or federal government or any other source, the  implementation  of
      such conservation measures shall be provided for according to a schedule
      prescribed by the commissioner.
        4.  When  an authority has been paid all or part of the principal of a
      state loan pursuant to this chapter and in the event that the completion
      of the project for which the loan was made has been delayed or that  the
      funds  of  such loan for any other reason are not immediately needed for
      the development of the project, the authority shall have  the  power  to
      invest  the moneys of such loan which will not be immediately needed for
      the project in  obligations  of  the  categories  specified  in  section
      ninety-eight  of the state finance law and of maturities approved by the
      state comptroller.