New York Powers And Duties Of The Commissioner.
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§ 1802. Powers and duties of the commissioner. Except as otherwise
specifically provided by law, the commissioner may exercise or delegate
any of the following functions, powers and duties which are vested in
the department:
1. all functions of the city relating to the rehabilitation,
maintenance, alteration and improvement of residential buildings and
privately owned housing including, but not limited to, the making of
rehabilitation loans pursuant to article eight ("municipal loans"),
article eight-a ("mini-loans") and article fifteen ("participation
loans") of the private housing finance law, acting as liaison with the
New York city rehabilitation mortgage insurance corporation established
pursuant to article fourteen of the private housing finance law
("REMIC") and the New York city housing development corporation
established pursuant to article twelve of the private housing finance
law ("HDC"), the execution of emergency repairs to and the sealing,
removal and demolition of buildings, structures and privately-owned
housing in accordance with applicable provisions of law and the
enforcement of those provisions of the multiple dwelling law or any
other law, rule or regulation which relate to the maintenance, use,
occupancy, safety or sanitary condition of any building or portion
thereof which is occupied, arranged or intended to be occupied as a
home, residence or dwelling place;
2. such functions and duties as may be prescribed by law with respect
to the relocation of tenants of real property and the selection of
tenants for publicly owned or publicly aided housing in the city;
3. all functions of the city, and all powers, rights and duties as
provided by any federal, state or local law or resolution, relating to
slum clearance, slum prevention and urban renewal; neighborhood
conservation; prevention and rehabilitation of blighted, substandard,
deteriorated or insanitary areas, and publicly-aided and public housing,
including the regulation of rents in housing built with state or local
financing, except housing under the jurisdiction of the New York city
housing authority;
4. the functions, rights, powers and duties and the offices granted
to, vested in or delegated to the housing and redevelopment board, the
housing and development administration or the administrator of the
housing and development administration;
5. such powers, rights and duties vested in or exercised by the New
York city housing authority as may be transferred to or vested in the
city;
6. the functions, powers and duties to: (a) establish and administer
programs designed to encourage the rehabilitation and preservation of
existing housing;
(b) administer laws authorizing tax exemption or tax abatement, or
both, including, but not limited to, section 11-243 of the
administrative code of the city of New York and section four hundred
twenty-one of the real property tax law, which are in aid of the
construction, rehabilitation, alteration or improvement of residential
buildings and structures and the elimination of substandard conditions
therein, process applications for such exemption or abatement or both,
and coordinate the activities of officers and agencies of the city
relating thereto;
(c) manage and superintend all real property acquired by the city for,
or devoted to, housing or urban renewal purposes;
(d) represent the city in carrying out the provisions of the private
housing finance law including, but not limited to, article two (relating
to limited-profit housing companies), article five (relating to
redevelopment companies), article eight, article eight-a, article eleven
(relating to housing development fund companies) and article fifteen,
and act as and exercise the powers, rights and duties vested in the
"supervising agency" pursuant to the private housing finance law;
(e) represent the city in carrying out the provisions of article
fifteen of the general municipal law ("urban renewal law") including,
but not limited to, acquiring, leasing or disposing of real property
pursuant to said law and establishing the disposition price of real
property in an urban renewal area;
(f) undertake projects and exercise the rights, powers and privileges
authorized by sections fifty-five and fifty-five-a of the public housing
law;
(g) impose and collect charges and fees for the financing, regulation,
supervision and audit of municipally-aided projects and loan programs
administered by the commissioner, which charges and fees shall be set
aside in a special account for administrative expenses of the
department;
(h) act as the coordinating agency with respect to the activities of
officers and agencies of the city concerning areas designated by the
planning commission or any analogous officer or body, as districts for
development or improvement of neighborhoods;
(i) acquire real property, pursuant to the federal housing and
community development act of nineteen hundred seventy-four, on behalf of
other city agencies.
(j) sell, lease, exchange or otherwise dispose of residential real
property of the city, provided that no such sale, lease, exchange or
other disposition shall be authorized without the approval of the mayor
and until a public hearing has been held with respect to such action
after the publishing of notice in the City Record at least thirty days
in advance of such hearing, and provided further that any disposition by
public auction shall be conducted by the department of citywide
administrative services, except as otherwise provided by law;
(k) manage and superintend all residential real property of the city
not used for public purposes, including real property acquired for a
public purpose and not being currently utilized for such purpose, but
not wharf property or other real property under the jurisdiction of the
New York city transit authority, real property under the jurisdiction of
the department of small business services, or real property under the
jurisdiction of the New York city housing authority by virtue of an
authorization granted by the mayor pursuant to the provisions of
subdivision three of section one hundred twenty-five of the public
housing law, or real property under the jurisdiction of the triborough
bridge and tunnel authority;
(l) exercise such other powers and duties as may be prescribed by law
in relation to the management, demolition or sealing or other treatment
of residential real property of the city; and
(m) employ professional, community and other personnel to manage
residential real property of the city.