Legislation
SECTION 62
Definitions
Municipal Housing Authorities (MHA) CHAPTER ROOT, ARTICLE 5
* § 62. Definitions. The following terms, wherever used or referred to
in this article, shall have the following meaning, unless a different
meaning clearly appears from the context:
1. The term "authority" shall mean a municipal housing authority
established pursuant to this article by any county, city or first class
village of the state.
2. The term "board" shall mean the state board of housing.
3. The term "municipality" shall mean the county, city or first class
village establishing the authority.
3-a. The term "county" means a county not wholly included within a
city.
3-b. The term "mayor" also includes the mayor of a first class village
establishing the authority.
3-c. The term "village" means a village of the first class as defined
in the village law.
3-d. The term "local legislative body" (a) in a city, means the local
legislative board or body of such city as defined in the city home rule
law; (b) in a county, means the board of supervisors or other
legislative governing board or body of such county, and (c) in a
village, means the board of trustees of the village.
3-e. The term "county executive" means the chairman of the board of
supervisors or other administrative head of the county.
4. The term "comptroller" shall mean the comptroller in cities having
a comptroller. In cities, counties and villages having no comptroller it
shall mean the chief financial officer of such municipality.
5. The term "state" shall mean New York state.
6. The term "government" shall include the state and the federal
government and any subdivision, agency or instrumentality, corporate or
otherwise, of either of them.
7. The term "areas" shall mean a section of the municipality wherein
the authority finds that unsanitary or substandard housing conditions
exist. An area may include land whether improved or unimproved, and
buildings or improvements not in themselves unsanitary or substandard,
the inclusion of which is deemed necessary by the authority for the
effective clearance, replanning or reconstruction of the section or any
part thereof.
8. The term "project" shall mean a plan or undertaking (a) for the
clearance, replanning, or reconstruction of an area or areas, or part or
parts thereof and/or (b) for the providing for persons of low income, of
housing accommodations in any section of the municipality, whether or
not such section has unsanitary substandard housing conditions. The term
shall include the lands, buildings and improvements acquired, owned,
constructed, managed or operated hereunder, to provide dwelling
accommodations for persons of low income, and such stores, offices and
other commercial or non-housing facilities as well as social,
recreational or communal facilities, as may be deemed by the authority
to be incidental or appurtenant to such plan or undertaking.
The term "federal project" shall mean a project aided or financed in
whole or in part, by the federal government, where such government
reserves the right to approve or supervise the construction or operation
of the project.
The term "non-federal project" shall mean a project other than a
federal project.
9. The term "bonds" shall include notes, debentures or other written
evidences of indebtedness.
10. The term "mortgage" shall include deeds of trust, building and
loan contracts or other instruments creating a lien.
11. The term "real property" shall include lands, lands under water,
structures, and any and all easements, franchises and incorporeal
hereditaments and every estate and right therein, legal and equitable,
including terms for years and liens by way of judgment, mortgage or
otherwise.
12. "Obligee" shall include any bondholder, trustee or trustees for
any bondholders, any lessor demising property to an authority used in
connection with a project or any assignee or assignees of such lessor's
interest, and the federal government, when it is a party to any contract
with the 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.
in this article, shall have the following meaning, unless a different
meaning clearly appears from the context:
1. The term "authority" shall mean a municipal housing authority
established pursuant to this article by any county, city or first class
village of the state.
2. The term "board" shall mean the state board of housing.
3. The term "municipality" shall mean the county, city or first class
village establishing the authority.
3-a. The term "county" means a county not wholly included within a
city.
3-b. The term "mayor" also includes the mayor of a first class village
establishing the authority.
3-c. The term "village" means a village of the first class as defined
in the village law.
3-d. The term "local legislative body" (a) in a city, means the local
legislative board or body of such city as defined in the city home rule
law; (b) in a county, means the board of supervisors or other
legislative governing board or body of such county, and (c) in a
village, means the board of trustees of the village.
3-e. The term "county executive" means the chairman of the board of
supervisors or other administrative head of the county.
4. The term "comptroller" shall mean the comptroller in cities having
a comptroller. In cities, counties and villages having no comptroller it
shall mean the chief financial officer of such municipality.
5. The term "state" shall mean New York state.
6. The term "government" shall include the state and the federal
government and any subdivision, agency or instrumentality, corporate or
otherwise, of either of them.
7. The term "areas" shall mean a section of the municipality wherein
the authority finds that unsanitary or substandard housing conditions
exist. An area may include land whether improved or unimproved, and
buildings or improvements not in themselves unsanitary or substandard,
the inclusion of which is deemed necessary by the authority for the
effective clearance, replanning or reconstruction of the section or any
part thereof.
8. The term "project" shall mean a plan or undertaking (a) for the
clearance, replanning, or reconstruction of an area or areas, or part or
parts thereof and/or (b) for the providing for persons of low income, of
housing accommodations in any section of the municipality, whether or
not such section has unsanitary substandard housing conditions. The term
shall include the lands, buildings and improvements acquired, owned,
constructed, managed or operated hereunder, to provide dwelling
accommodations for persons of low income, and such stores, offices and
other commercial or non-housing facilities as well as social,
recreational or communal facilities, as may be deemed by the authority
to be incidental or appurtenant to such plan or undertaking.
The term "federal project" shall mean a project aided or financed in
whole or in part, by the federal government, where such government
reserves the right to approve or supervise the construction or operation
of the project.
The term "non-federal project" shall mean a project other than a
federal project.
9. The term "bonds" shall include notes, debentures or other written
evidences of indebtedness.
10. The term "mortgage" shall include deeds of trust, building and
loan contracts or other instruments creating a lien.
11. The term "real property" shall include lands, lands under water,
structures, and any and all easements, franchises and incorporeal
hereditaments and every estate and right therein, legal and equitable,
including terms for years and liens by way of judgment, mortgage or
otherwise.
12. "Obligee" shall include any bondholder, trustee or trustees for
any bondholders, any lessor demising property to an authority used in
connection with a project or any assignee or assignees of such lessor's
interest, and the federal government, when it is a party to any contract
with the 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.