2019 New York Laws
GMU - General Municipal
Article 18-A - Industrial Development
Title 2 - Municipal Industrial Development Agencies
917*2 - New York City Industrial Development Agency.

* §  917. New York City Industrial Development Agency. (a) Legislative
intent. It is the policy and intent of the City of New York  to  promote
the  economic  welfare  of  its  inhabitants  and  to  actively promote,
attract, encourage and develop economically sound commerce and  industry
through  governmental  action for the purpose of preventing unemployment
and economic deterioration by the creation of a New York City Industrial
Development Agency. It is recognized that the viability and integrity of
the residential communities in New York City  should  be  protected  and
maintained  so  that  no person be deprived of his place of residence by
any condemnation  for  economic  or  industrial  development  undertaken
pursuant to this article.
  (b) For the purpose of this section "city" means the city of New York.
  (b-1)  For the purposes of this section, "rail freight facility" shall
mean, but  shall  not  be  limited  to,  railroad  rights-of-way,  beds,
bridges,  viaducts,  tracks, switches and any other attendant structure,
facility, fixture or property necessary or appropriate for rail  freight
transportation  conducted  in  conjunction  with industrial, commercial,
manufacturing, or warehousing  operations  solely  for  the  purpose  of
providing  or  improving  freight  rail service between an industrial or
commercial facility or group of such facilities in physical proximity to
one another and a main line railroad track, freight yard or other  means
of  connection to main line railroad facilities; provided, however, that
(i) with respect to any rail freight facility project the New York  City
Industrial   Development  Agency  shall  be  restricted  solely  to  the
provision of financial assistance for such rail freight  facility;  (ii)
that  the  project  may  not  include any main line track (except to the
extent that the project may include replacement of the  amount  of  main
line track used for passenger and/or freight service required to provide
a  suitable  connection),  any  passenger facilities of any kind, or any
rights-of-way, bridges or viaducts used for any purpose other  than  the
rail   transportation   of  freight  from  the  industrial,  commercial,
manufacturing or warehousing facility or facilities to be served by  the
rail service to the main line track or other freight facility, provided,
however,  that  nothing herein shall prohibit the project from including
bridges or viaducts with separate provision for pedestrian traffic  when
it  is  determined  that  a  separate pedestrian walkway is necessary or
desirable for safety purposes; (iii) prior to undertaking the  financing
of  any  rail  freight facility the New York City Industrial Development
Agency shall submit a written description of such rail freight  facility
project  to  the commissioner of transportation who shall, within thirty
days of receipt of such description, provide written  comments  on  such
project to the New York City Industrial Development Agency; and (iv) the
New  York  City  Industrial  Development Agency shall not enter into any
contract  for  providing  financial  assistance  to  such  rail  freight
facility  project  until the earlier of either the date on which the New
York City Industrial Development Agency addresses the  comments  of  the
commissioner of transportation to the satisfaction of such commissioner,
or,  if such commissioner has not submitted written comments, forty-five
days after the New York City Industrial Development Authority  submitted
the  written  project  description  required  by paragraph (iii) of this
subdivision.
  (c) For the benefit  of  the  city  and  the  inhabitants  thereof  an
industrial  development  agency,  to  be  known  as  the  New  York City
Industrial  Development  Agency,   is   hereby   established   for   the
accomplishment  of  any or all of the purposes specified in title one of
article eighteen-A of this chapter, except that it shall  not  have  the
power  to  construct or rehabilitate any residential facility or housing
of any nature and kind whatsoever, nor shall it use any of its funds  to

further  the  construction or rehabilitation of any residential facility
or housing of any nature and kind whatsoever. It shall constitute a body
corporate and politic, and be perpetual in duration. It shall only  have
the  powers  and  duties conferred by title one of article eighteen-A of
this chapter upon industrial development agencies as of January 1,  1973
except  that  it shall have the power to finance a rail freight facility
and it shall not have the power of condemnation. In the exercise of  the
powers  conferred  upon  such  agency with respect to the acquisition of
real property by article eighteen-A of this chapter such agency shall be
limited to the geographical jurisdictional limits of the city.
  (d) It shall be organized in a manner prescribed by and be subject  to
the  provisions  of  title  one  of  article eighteen-A of this chapter,
except that its board  shall  consist  of  fifteen  members.  Among  its
membership  shall be the city comptroller, the city administrator of the
economic development administration, the  corporation  counsel  of  such
city and the chairman of the city planning commission of such city, each
of whom shall have the power to designate an alternate to represent them
at board meetings with all the rights and powers, including the right to
vote,  reserved  to all board members, provided that such designation be
in writing to the chairman of the board. Six  of  the  remaining  eleven
members  shall  be appointed by the mayor of such city upon consultation
with the economic development council, business and labor  organizations
and  elected  officials  and  five  shall be appointed by the mayor upon
designation by the borough improvement boards of such city,  one  member
from each borough.
  (e)  The  Mayor  shall  designate the chairman of the board, who shall
serve at the pleasure of the Mayor.
  (f) The terms of the directors first appointed  by  the  Mayor,  other
than the chairman of the board shall be as follows:
  four  shall  serve  for terms of one year each, two of whom shall have
been designated by the borough improvement boards;
  three shall serve for terms of two years each, two of whom shall  have
been designated by the borough improvements boards;
  three  shall  serve  for  terms of three years each, one of whom shall
have been designated by the borough improvement boards;  thereafter  the
successors  of  all  ten  such  directors shall serve for terms of three
years each. The Mayor shall fill any vacancy which may occur  by  reason
of  death,  resignation,  or  otherwise  in a manner consistent with the
original appointment. Members may be removed  by  the  Mayor  for  cause
after  a  hearing  upon  ten  days'  written  notice. Such members shall
receive no compensation for their services but shall be entitled to  the
necessary  expenses,  including  traveling  expenses,  incurred  in  the
discharge of their duties.
  (g) The chief executive officer of the agency shall be appointed by  a
two-thirds vote of the board of directors.
  (h) The agency, its members, officers, and employees, shall be subject
to  article  fourteen of the civil service law and for all such purposes
the agency shall be  deemed  the  "public  employer"  and  its  members,
officers  and  employees  shall  be deemed "public employees"; provided,
however, that chapter fifty-four of the New York City  Charter,  chapter
fifty-four  of  the  Administrative  Code  of  the City of New York, and
executive order number fifty-two dated September twenty-ninth,  nineteen
hundred sixty-seven, issued by the Mayor of the City, shall apply to the
agency, its members, officers and employees except that section eight of
said executive order shall not be applicable. The agency shall establish
general  and  special grievances as defined in chapter fifty-four of the
Administrative  Code  of  the  City  except  as  otherwise  provided  in
collective bargaining agreements.
  (i)  The City shall have the power to make, or contract to make grants
or loans, including but not limited to grants or loans of money, to  the
agency  in  such  amounts,  upon  such terms and conditions and for such
period or periods of time as in the judgment of the City and the  agency
are  necessary  or  appropriate  for  the  accomplishment  of any of the
purposes of the agency.
  (j) The city shall have the power to condemn property for transfer  to
the  New  York  City  Industrial  Development  Agency under title one of
article eighteen-A of this chapter upon the request of two-thirds of the
members of the Board of  Directors  of  the  New  York  city  industrial
development  agency.  No  property  shall  be condemned on behalf of the
agency which is zoned "residential" as defined in the zoning  resolution
of  the  city, or which is occupied in whole or in part as a dwelling or
residence.
  (k) For the purpose of this section "governing body" as used  in  such
title  one of article eighteen-A of this chapter shall mean the Mayor of
the City. Except as otherwise provided in this section, the agency,  its
members, officers and employees, and its operations and activities shall
be governed by the provisions of title one of article eighteen-A of this
chapter.
  (l)  The  city  shall  save  harmless  and indemnify any person who is
serving or has served as a director or officer or as employee of the New
York City Industrial  Development  Agency  against  any  financial  loss
arising  out  of  or  in  connection  with  any  claim,  demand, suit or
judgment,  based  on  a  cause  of  action  involving  allegations  that
pecuniary  harm  was  sustained  by  any  person  as  a  result  of  any
transaction, act or omission to act of the Industrial Development Agency
or of any action or  inaction  or  vote  of  any  director,  officer  or
employee  of  such  Agency  unless  such  individual is found by a final
judicial determination not to have acted in good faith for a purpose  he
reasonably  believed to be in the best interests of the Agency or not to
have had reasonable cause  to  believe  that  his  conduct  was  lawful.
Provided, however, that such individual must transmit to the corporation
counsel  of  the  city  of  New  York  any  notice  of claim, summons or
complaint or other analogous paper served on him within ten days of  its
receipt  unless prevented from doing so by compelling circumstances. The
corporation counsel shall, without charge, represent any such individual
unless unable to do so by reason of conflict of interest. In  the  event
that  the corporation counsel is unable to give such representation, the
city of New York shall  indemnify  the  individual  for  any  reasonable
litigation expense incurred by him.
  * NB Agency expires per §§ 856 and 882
  * NB There are 2 § 917's