2012 New York Consolidated Laws
PBG - Public Housing
Article 1 - (1 - 3) SHORT TITLE; POLICY OF STATE AND PURPOSE OF CHAPTER; DEFINITIONS
3 - Definitions.

 
    §  3. Definitions.   The following terms, whenever used or referred to
  in this chapter, shall have the following meaning,  unless  a  different
  meaning clearly appears from the context:
    1. The term "commissioner" means the state commissioner of housing and
  community  renewal.  Reference  in this chapter or in any other general,
  special or local law to state commissioner of housing shall be deemed to
  mean and refer to  the  state  commissioner  of  housing  and  community
  renewal which is hereby made the new title of such office.
    2.  The  term  "authority"  means  a  public  corporation  which  is a
  corporate governmental agency (except a county or municipal corporation)
  organized pursuant to law to accomplish  any  or  all  of  the  purposes
  specified  in  article  eighteen  of  the  constitution and includes the
  following municipal housing authorities established prior to  the  first
  day of January, nineteen hundred thirty-nine pursuant to chapter four of
  the laws of nineteen hundred thirty-four and amendments thereof, namely,
  Buffalo   municipal  housing  authority,  Lackawanna  municipal  housing
  authority, New York city housing authority, Peekskill housing authority,
  Port Jervis housing authority, Schenectady municipal housing  authority,
  Syracuse   municipal  housing  authority,  Tarrytown  municipal  housing
  authority, Tuckahoe housing authority, municipal  housing  authority  of
  the city of Utica, New York, and Yonkers housing authority.
    3.  The  term  "housing  company"  means  a  limited profit or limited
  dividend housing corporation organized pursuant to articles two or  four
  of the private housing finance law.
    4.   The   term   "multiple   dwelling"  means  an  existing  building
  accommodating three or more families living independently of each other.
    5. The terms "municipal corporation" and "municipality" mean  a  city,
  town or village; and the term "municipal" shall be deemed to relate to a
  city, town or village.
    6.   The   term  "mayor"  means  the  chief  executive  officer  of  a
  municipality.
    7. The term "local legislative body" means: (a) in a city,  the  board
  of  aldermen, common council, council, commission or other board or body
  now or hereafter vested by its charter or other law with jurisdiction to
  enact ordinances  or  local  laws,  except  that  in  a  city  having  a
  population  of one million or more the term shall, as to such city, mean
  the officer or agency vested with power under the charter of such  city,
  or  by  other  law,  to act pursuant to this chapter; (b) in a town, the
  town board; (c) in a village, the board of trustees.
    7-a. The term "governing body of a district" means: (a)  in  a  school
  district,  the  board  of education or board of trustees; in the case of
  common school districts having one trustee, such trustee; (b) in a  fire
  alarm  district  or a fire protection district, the town board; (c) in a
  fire district, the board of  fire  district  commissioners;  (d)  in  an
  improvement district, the town board, except that if there be a separate
  board  of  commissioners, the term shall mean the town board acting with
  the approval of the board of commissioners.
    8. The term "state comptroller" means the comptroller of the state  of
  New York.
    9.  The  term  "municipal  comptroller"  means  the  comptroller  in a
  municipality  having  a  comptroller;  in  a  municipality   having   no
  comptroller, it means the chief financial officer of such municipality.
    10. The term "state" means New York state.
    11.  The  term "government" includes the state, a municipality and the
  federal government, and any  agency  or  instrumentality,  corporate  or
  otherwise,  of  any  of  them  acting  for and on behalf of the state, a
  municipality or the federal government.

    12. The term "area" means a section of the  municipality  wherein  the
  commissioner  or an authority or a municipality finds that insanitary or
  substandard housing conditions exist. An area may include  land  whether
  improved  or unimproved, and buildings or improvements not in themselves
  insanitary or substandard, the inclusion of which is deemed necessary by
  the  authority  or the municipality or the commissioner, or for projects
  of housing companies by the commissioner, for the  effective  clearance,
  replanning,  reconstruction  or rehabilitation of the area of which such
  land or property is a part.
    13. The term "plan" means a plan or  undertaking  for  the  clearance,
  replanning  and  reconstruction  or  rehabilitation of a substandard and
  insanitary area or areas  and  for  recreational  and  other  facilities
  incidental  or appurtenant thereto to effectuate the purposes of article
  eighteen of the constitution or any other provision of the  constitution
  delegating  any  similar  power  or  providing  homes for persons of low
  income.
    14. The term  "project"  means  a  specific  work  or  improvement  to
  effectuate  all or any part of a plan. The term shall include the lands,
  buildings or any dwelling  units  therein,  and  improvements  acquired,
  owned,  constructed,  managed or operated hereunder, to provide dwelling
  accommodations for persons of low income, and such stores,  offices  and
  other non-housing facilities as well as social, recreational or communal
  facilities,  as  may  be  deemed  by the authority or municipality to be
  incidental or appurtenant to a project. Subject  to  the  provisions  of
  article  eighteen  of  the  constitution with respect to state projects,
  such dwelling accommodations may be  provided  in  any  section  of  the
  municipality,  whether or not such section has insanitary or substandard
  housing conditions. A project may be a federal project, a state project,
  a municipal project or, subject to the limitations contained in  section
  seventy-five of this chapter, any combination of these.
    15.  The  term  "federal project" means a project aided or financed in
  whole or in part, by the federal government.
    16. The term "state project" means a  project  aided  or  financed  in
  whole  or in part by the state and not by the federal government, except
  as may be provided in section seventy-five of this chapter.
    17. The term "municipal project" means a project other  than  a  state
  project or a federal project.
    18.  The  terms  "persons  of low income" and "families of low income"
  mean persons or families who are in the low income groups and who cannot
  afford to pay enough to cause private enterprise in  their  municipality
  to build a sufficient supply of adequate, safe and sanitary dwellings.
    19.  The term "mortgage" means mortgages, deeds of trust, building and
  loan contracts or other instruments creating a lien.
    20. The terms "real property" or "property" shall  include  lands  and
  improvements,  lands  under water, waterfront property, the water of any
  lake, pond  or  stream,  and  any  and  all  easements,  franchises  and
  hereditaments,  corporeal or incorporeal, and every estate, interest and
  right therein, legal and  equitable,  in  lands  or  water,  and  right,
  interest,  privilege,  easement  and  franchise  relating  to  the same,
  including terms for years and liens by  way  of  judgment,  mortgage  or
  otherwise.
    21.  The  term  "obligee"  shall  include  any  bondholder, trustee or
  trustees for any bondholders or  any  lessor  demising  property  to  an
  authority  or  municipality  used  in  connection  with  a project or an
  assignee or assignees of such lessor's interest, and a government, which
  is a party to any contract with the authority or municipality.
    22. The term "going state rate of interest" means, at  any  time,  the
  annual  rate  of  interest specified in the bonds of the state issued to

  provide funds for a loan to effectuate the provisions of  this  chapter,
  and  if  no  such  bonds have been issued, then the term means an annual
  interest rate of two and one-half per centum.
    23.  The  term "low rent housing" means dwellings within the financial
  reach of families of low income  and  embraces  recreational  and  other
  facilities incidental and appurtenant thereto.
    24.  The term "project cost" means the cost of any or all undertakings
  necessary  for  planning,  financing  (including  payment  of   carrying
  charges),  land  acquisition,  demolition,  construction, equipment, and
  site  development  of  new  buildings,  reconstruction,  rehabilitation,
  repair  or  remodeling of existing buildings, but, except as to existing
  housing company projects, or parts thereof, sold,  leased  or  otherwise
  conveyed  to  an authority, not beyond the point of physical completion,
  and the cost of tenant placement service in connection with  a  project.
  In  the case of new construction, the "project cost" shall be sufficient
  to encourage excellence of architectural design, variety and interest in
  building materials, and aesthetic  objectives  compatible  with  prudent
  budgeting.  Where  a  housing  company  project,  or  a part thereof, is
  purchased by, leased or otherwise conveyed to  an  authority,  the  term
  "project  cost"  may  include  the cost of such purchase, lease or other
  conveyance as determined and certified by the commissioner.
    25. The term "condemnation" means the acquisition of real property  in
  the  manner  provided  by  the  eminent  domain  procedure  law  by  the
  municipality in which the real property is to be taken.
    26. The term "planning commission" means any agency of a  municipality
  authorized  to  prepare,  adopt  or amend the map of the municipality or
  empowered  to  prepare  and  adopt  and  from  time  to  time  modify  a
  comprehensive or master plan of the municipality.
    27.  The  term  "tenant  services" shall include but not be limited to
  counseling  on  household  management,  housekeeping,  budgeting,  money
  management,  child  care,  and  similar  matters  or  services which are
  directly related to meeting  tenant  needs  and  providing  a  wholesome
  living  environment; and referral to appropriate agencies when necessary
  for the provision of such services.