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This entry was published on 2014-09-22
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Establishment and organizations of authorities
Municipal Housing Authorities (MHA) CHAPTER ROOT, ARTICLE 5
* § 63. Establishment and organizations of authorities. 1. An
authority may be established by a county, city or first class village
upon (i) the passage of a resolution by the local legislative body,
authorizing the establishment of a housing authority and directing the
mayor of the city or village, and in the case of counties, directing the
county executive to file a certificate therefor; (ii) the filing by the
mayor or county executive in the office of the board, and a duplicate in
the office of the secretary of state, of a certificate signed by him and
setting forth (a) the name of the authority; (b) the names of the
members and their terms, specifying which member is chairman; and (c) a
copy of the aforesaid resolution.

2. An authority shall consist of five members appointed by the mayor
or county executive, as the case may be, and he shall designate the
first chairman. Not more than one of the members may be an official of
the municipality. In the event that an official 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 office, 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 not be affected or curtailed by the expiration of the
term of his office.

3. The members who are first appointed shall be designated to serve
for terms of one, two, three, four and five years respectively from the
date of their appointment. Thereafter, the term of office shall be five
years. A member shall hold office until his successor has been appointed
and has qualified. Vacancies other than by reason of expiration of terms
shall be filled for the unexpired term. Three members shall constitute a
quorum. The mayor or county executive shall file with the board a
certificate of the appointment or the reappointment of any member. A
member shall receive no compensation for his services but he shall be
entitled to the necessary expenses including traveling expenses incurred
in the discharge of his duties. An authority may delegate to one or more
of its agents or employees such powers or duties as it may deem proper.

4. The mayor, and in the case of counties, the county executive may
remove a member of the authority for inefficiency, neglect of duty, or
misconduct in office, but only after the member shall have been given a
copy of the charges against him and an opportunity to be heard in person
or by counsel in his own defense. In the event of removal, the mayor or
county executive shall file in the office of the board a record of the
proceedings together with a copy of the charges made against the member
and his findings thereon. Pending the determination of charges against
a member, the mayor, and in the case of counties, the county executive
may suspend him from office.

5. An authority shall file with the board and with the municipality a
copy of any by-laws, rules and regulations and amendments thereto
adopted by it from time to time.

6. The territorial jurisdiction of an authority established by a
county shall include all such county, except that such territorial
jurisdiction shall not include any territory that lies within the
boundaries of any city or first-class village, whether such city or
village has or has not established an authority, unless the local
legislative body of such city or first-class village shall by proper
resolution consent to the inclusion of the city or first-class village
within the territorial jurisdiction of such county authority.

* NB The text of Article 5 of the former State Housing Law (cited
herein as the "Municipal Housing Authorities Law"), as such article
existed immediately prior to its repeal pursuant to section 227 of
Chapter 808 of the Laws of 1939, is provided here for ease of reference
and historical purposes as such text continues to be applicable for the
New York City Housing Authority pursuant to the provisions of section
401 of the current Public Housing Law.