2021 New York Laws
PVH - Private Housing Finance
Article 3 - New York State Housing Finance Agency
45-B - Affordable Housing Corporation.

§ 45-b. Affordable housing corporation. 1. There is hereby established
a   public   benefit   corporation  known  as  the  "affordable  housing
corporation" as a subsidiary corporation of the agency.
  2. The agency may transfer to such subsidiary  corporation  any  real,
personal or mixed property in order to carry out the purposes of article
nineteen of this chapter. Such subsidiary corporation shall have all the
privileges, immunities, tax exemption and other exemptions of the agency
to the extent the same are not inconsistent with this section.
  3.  The membership of such subsidiary corporation shall consist of the
members identified pursuant to subdivision one of section forty-three of
this article, and the powers of such  subsidiary  corporation  shall  be
vested  in and exercised by no less than six of its members thereof then
in office. The subsidiary corporation may delegate to one or more of its
members, or its officers, agents and employees, such powers  and  duties
as it may deem proper.
  3-a.  The  commissioner of housing and community renewal, the director
of the budget and the commissioner of  taxation  and  finance  each  may
appoint  a  person  from  their  respective  division  or  department to
represent such member, respectively, at all meetings of the  corporation
from  which  such  member  may  be  absent.  Any  such representative so
designated shall have the power to attend and to vote at any meeting  of
the   corporation  from  which  the  member  so  designating  him  as  a
representative is absent with the same force and effect as if the member
designating him were present and voting. Such designation  shall  be  by
written notice filed with the chairman of the corporation by each of the
said  members.  The  designation  of  such  persons shall continue until
revoked at any time by written notice to the chairman by the  respective
member  making the designation.  Such designation shall not be deemed to
limit the power of the appointing member  to  attend  and  vote  at  any
meeting of the corporation.
  4.  No  officer  or  member  of  the  corporation  shall  receive  any
additional  compensation,  either  direct  or   indirect,   other   than
reimbursement   for  actual  and  necessary  expenses  incurred  in  the
performance of his duties,  by  reason  of  his  serving  as  a  member,
director, or trustee of such subsidiary corporation.
  5.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
special or local, no officer or employee of the state, or of  any  civil
division  thereof, or any public benefit corporation, shall be deemed to
have forfeited or shall forfeit his office or employment  by  reason  of
his acceptance of membership on the corporation created by this section.
  6. The fiscal year of such subsidiary corporation shall begin with the
first  day  of  April  of  each  year  and  end  with the next following
thirty-first day of March.
  7. The corporation shall have the power to:

(a) Sue and be sued;

(b) Have a seal and alter the same at pleasure;

(c) Make and alter by-laws for its organization and internal management and make rules and regulations governing the use of its property and facilities;

(d) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(e) Acquire, hold and dispose of real or personal property for its corporate purposes;

(f) Engage the services of private consultants on a contract basis for rendering professional and technical assistance advice;

(g) Procure insurance against any loss in connection with its activities, properties and other assets, in such amount and from such insurers as it deems desirable; and

(h) Invest any funds of the corporation, or any other monies under its custody and control not required for immediate use or disbursement, at the discretion of the corporation, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, or in any other obligations in which the comptroller of the state is authorized to invest pursuant to section ninety-eight of the state finance law. 8. The corporation may do any and all things necessary or convenient to carry out and exercise the powers given and granted by this section and article nineteen of this chapter including, but not limited to contracting with the commissioner of the division of housing and community renewal to administer any of the provisions of article nineteen of this chapter. 9. The agency and all other state officers, departments, boards, divisions, commissions, public authorities and public benefit corporations may render such services to the corporation within their respective functions as may be requested by the corporation. 10. Notwithstanding the provisions of article one-A of the public authorities law, contracts entered into by the corporation pursuant to article nineteen of this chapter shall not be subject to the provisions of article one-A of the public authorities law.

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