2006 New York Code - Organization Of Authorities.



 
    §  30.  Organization  of authorities.   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.

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