New York § 63 - 63Establishment and organizations of authorities

§ 63. 63Establishment and organizations of authorities

* § 63. Establishment and organizations of authorities. 1. An authority may be established by a county, city or first class village upon (i) the passage of a resolution by the local legislative body, authorizing the establishment of a housing authority and directing the mayor of the city or village, and in the case of counties, directing the county executive to file a certificate therefor; (ii) the filing by the mayor or county executive in the office of the board, and a duplicate in the office of the secretary of state, of a certificate signed by him and setting forth (a) the name of the authority; (b) the names of the members and their terms, specifying which member is chairman; and (c) a copy of the aforesaid resolution. 2. An authority shall consist of five members appointed by the mayor or county executive, as the case may be, and he shall designate the first chairman. Not more than one of the members may be an official of the municipality. In the event that an official 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 office, 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 not be affected or curtailed by the expiration of the term of his office. 3. The members who are first appointed shall be designated to serve for terms of one, two, three, four and five years respectively from the date of their appointment. Thereafter, the term of office shall be five years. A member shall hold office until his successor has been appointed and has qualified. Vacancies other than by reason of expiration of terms shall be filled for the unexpired term. Three members shall constitute a quorum. The mayor or county executive shall file with the board a certificate of the appointment or the reappointment of any member. A member shall receive no compensation for his services but he shall be entitled to the necessary expenses including traveling expenses incurred in the discharge of his duties. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. 4. The mayor, and in the case of counties, the county executive 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. In the event of removal, the mayor or county executive shall file in the office of the board a record of the proceedings together with a copy of the charges made against the member and his findings thereon. Pending the determination of charges against a member, the mayor, and in the case of counties, the county executive may suspend him from office. 5. An authority shall file with the board and with the municipality a copy of any by-laws, rules and regulations and amendments thereto adopted by it from time to time. 6. The territorial jurisdiction of an authority established by a county shall include all such county, except that such territorial jurisdiction shall not include any territory that lies within the boundaries of any city or first-class village, whether such city or village has or has not established an authority, unless the local legislative body of such city or first-class village shall by proper resolution consent to the inclusion of the city or first-class village within the territorial jurisdiction of such county authority. * NB The text of Article 5 of the former State Housing Law (cited herein as the "Municipal Housing Authorities Law"), as such article existed immediately prior to its repeal pursuant to section 227 of Chapter 808 of the Laws of 1939, is provided here for ease of reference and historical purposes as such text continues to be applicable for the New York City Housing Authority pursuant to the provisions of section 401 of the current Public Housing Law.