Legislation
SECTION 45-C
Homeless housing and assistance corporation
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 3
§ 45-c. Homeless housing and assistance corporation. 1. There is
hereby established a public benefit corporation known as the "homeless
housing and assistance 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 title
one of article two-A of the social services law. 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
commissioner of social services, who shall also serve as its
chairperson, the chairperson of the agency and one additional member to
be appointed by the chairperson of the homeless housing and assistance
corporation, who shall serve at the pleasure of such chairperson. The
powers of the corporation shall be vested in and exercised by no less
than two of the members thereof then in office. The corporation may
delegate to one or more of its members, or its officers, agents and
employees, such duties and powers as it may deem proper.
3-a. The commissioner of social services, and the chairman of the
agency may each appoint an individual to represent them at all meetings
of the corporation from which they may be absent. Any such
representative so designated shall have the power to attend and to vote
at any meeting of the corporation as if the commissioner of social
services or chairperson of the agency were present and voting. Such
designation shall be by written notice filed with the chairperson of the
corporation. The designation of such person shall continue until revoked
at any time by written notice to such chairperson. Such designation
shall not be deemed to limit the power of the commissioner of social
services or the chairperson of the agency 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
insurance 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 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 title one of article two-A of the social services law including, but
not limited to contracting with the commissioner of social services to
administer any of the provisions of title one of article two-A of the
social services law.
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
title one of article two-A of the social services law shall not be
subject to the provisions of article one-A of the public authorities
law.
hereby established a public benefit corporation known as the "homeless
housing and assistance 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 title
one of article two-A of the social services law. 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
commissioner of social services, who shall also serve as its
chairperson, the chairperson of the agency and one additional member to
be appointed by the chairperson of the homeless housing and assistance
corporation, who shall serve at the pleasure of such chairperson. The
powers of the corporation shall be vested in and exercised by no less
than two of the members thereof then in office. The corporation may
delegate to one or more of its members, or its officers, agents and
employees, such duties and powers as it may deem proper.
3-a. The commissioner of social services, and the chairman of the
agency may each appoint an individual to represent them at all meetings
of the corporation from which they may be absent. Any such
representative so designated shall have the power to attend and to vote
at any meeting of the corporation as if the commissioner of social
services or chairperson of the agency were present and voting. Such
designation shall be by written notice filed with the chairperson of the
corporation. The designation of such person shall continue until revoked
at any time by written notice to such chairperson. Such designation
shall not be deemed to limit the power of the commissioner of social
services or the chairperson of the agency 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
insurance 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 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 title one of article two-A of the social services law including, but
not limited to contracting with the commissioner of social services to
administer any of the provisions of title one of article two-A of the
social services law.
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
title one of article two-A of the social services law shall not be
subject to the provisions of article one-A of the public authorities
law.