37. Powers of authority. 1. An authority shall have the following powers in addition to other powers granted in this chapter: (a) investigate into living conditions in the municipality and into the means of improving such conditions; (b) determine where insanitary or substandard housing conditions exist; (c) publish and disseminate information; (d) prepare or arrange for preparation of plans for, carry out and operate projects; (e) construct, reconstruct, improve, alter or repair or provide for the construction, reconstruction, improvement, alteration or repair of any project; (f) demolish structures; (g) clear areas; (h) lease, purchase, or otherwise acquire, manage, operate all or any part of any project, or any dwelling unit or units therein, undertaken or completed by any government or housing company: (i) Act as agent for or enter into contracts and otherwise cooperate with the federal government in connection with a federal or municipal project, or any federally-aided program to provide dwelling accommodations for persons of low income; (j) arrange, agree or contract with a government for the planning, replanning, opening, grading or closing of streets, roads, roadways, alleys or other places or for the furnishing of facilities or for the acquisition by a government of property or property rights or for the furnishing of property or services in connection with a project; (k) lease or rent, as lessor or sublessor, any of the housing or other accommodations or any of the lands, buildings, structures or facilities embraced in any project or connected with any program to provide dwelling accommodations for persons of low income, and establish and revise the rents or charges therefor; (l) enter upon any building or property in order to conduct investigations or make surveys, soundings or test borings necessary to carry out its purposes; (m) acquire or contract to acquire from any person, firm, corporation or government, by subsidy, contribution, gift, grant, bequest, devise, purchase, condemnation or otherwise, real or personal property or any interest therein or lease dwelling units from any person, firm or corporation for sublease to persons and families of low income; (n) sell, exchange, transfer, assign or mortgage any real or personal property or any interest therein; (o) own, hold, clear and improve real or personal property or any interest therein; (p) insure or provide for the insurance of its property or operations as required by law and also against such other risks as it may deem advisable; (q) limit by contract, the exercise of any of its powers; (r) invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control; (s) sue and be sued; (t) have a seal and alter the same at pleasure; (u) have perpetual succession; (v) make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (w) make and from time to time amend and repeal by-laws, rules and regulations not inconsistent with the provisions of this chapter; (x) conduct examinations and investigations, hear testimony and take proof, under oath at public or private hearings on any material matter, require the attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of the state; unable to attend, or excused from attendance; (y) authorize a committee designated by it consisting of one or more members, or counsel, or any officer or employee to conduct any such investigation or examination, in which case such committee, counsel, officer or employee shall have power to administer oaths, take affidavits and issue subpoenas or commissions; and (z) enter into agreements of cooperation with or for the rendition of service to an agency as defined in subdivision five of section five hundred two of the general municipal law to assist such agency, at no expense to the authority or providing for payment to the authority of the agreed proportion of compensation or costs, in connection with the management of properties in, relocation of displacees from, and the demolition of buildings in any urban renewal area, in accordance with the provisions of this chapter and, except as may be provided in such agreements, without regard to the requirements of any law otherwise applicable to such agency: and (aa) at no cost or expense to it, enter into agreements of cooperation with a municipality which need not be within the territorial jurisdiction of such authority notwithstanding the provisions of section thirty-one or article thirteen of this chapter, or with an authority of such municipality, to assist such municipality or authority in the construction, maintenance, operation or management of a project. (bb) do all things necessary or convenient to carry out its powers.
2. An authority shall file in the office of the commissioner annual reports, which shall be open to public inspection. The reports shall include for the first year of ownership or operation, in addition to any information which the commissioner may require, a statement with respect to each completed project owned or operated by the authority, of the following data: (a) total cost of the land; (b) cost of land per square foot; (c) cost of building; (d) construction costs per cubic foot and per dwelling room; (e) approximate date of completion; (f) amount of any government loan for the project; (g) amount of any periodic subsidy for the project; (h) average rental per room including and excluding utility services; (i) number of apartments, full rooms and half rooms; (j) gross floor area per room; (k) number of vacant apartments; (l) vacancy percentage; (m) total operating expenses per annum; (n) average annual operating costs per room; (o) annual income from rents of dwelling units; (p) annual income from other sources; (q) assessed valuation of property at the time of its acquisition for the project; (r) minimum, maximum and average aggregate annual income of the families occupying the project; (s) former population on site; (t) number of buildings demolished on site; (u) former density on site per gross acre; (v) present density on site per gross acre.
Each subsequent year of such continued ownership or operation, such report shall contain, in addition to any information which the commissioner may require, the following data: (a) amount of any government loan for the project; (b) amount of any periodic subsidy for the project; (c) average rental per room including and excluding utility services; (d) number of vacant apartments; (e) vacancy percentage; (f) total operating expenses per annum; (g) average annual operating costs per room; (h) annual income from rents of dwelling units; (i) annual income from other sources; (j) minimum, maximum and average aggregate annual income of the families occupying the project.
3. An authority shall file in the office of the commissioner, within six months of the effective date of regulations implementing this subdivision and in such format as the commissioner shall prescribe after consultation with the state energy office, an energy audit report for state and municipal projects which identifies potential energy-saving building improvements, including alterations, modifications and adjustments to the building structure, heating, cooling, lighting and ventilation systems; their relative costs; potential energy and cost savings; and simple payback periods, which for the purpose of this subdivision shall mean that period of time within which the estimated cost of such improvements, exclusive of the cost of capital, would be recovered from the savings generated by reduced energy consumption resulting from the improvements. The energy audit shall be conducted by a public utility, an engineer or architect licensed by the state, or the managing agent or other representative of the authority if such individual has attended an energy audit training workshop sponsored by the commissioner or the state energy office. A copy of the energy audit report, required herein, shall be given to any duly constituted tenant's association or cooperator's advisory council and a copy shall be available for inspection and copying by any individual tenant who requests it. An authority shall also certify by March thirty-first, nineteen hundred eighty-four that all compatible conservation measures identified in the energy audit report which have simple payback periods of one year or less have been implemented; provided, however, if the commissioner determines within sixty days of the date the energy audit report is filed that one or more of such identified conservation measures cannot be implemented by March thirty-first, nineteen hundred eighty-four given the projected rent revenues and any other monies available to the authority from reserve funds, loans or grants from the state or federal government or any other source, the implementation of such conservation measures shall be provided for according to a schedule prescribed by the commissioner.
4. When an authority has been paid all or part of the principal of a state loan pursuant to this chapter and in the event that the completion of the project for which the loan was made has been delayed or that the funds of such loan for any other reason are not immediately needed for the development of the project, the authority shall have the power to invest the moneys of such loan which will not be immediately needed for the project in obligations of the categories specified in section ninety-eight of the state finance law and of maturities approved by the state comptroller.
Last modified: February 3, 2019