N.Y. Public Housing Law Section 55-A
Facilities incidental or appurtenant to a project

In addition to any other lawful method for the provision by an authority of facilities incidental or appurtenant to a project, a municipality may in connection with any project of an authority, upon approval by the local legislative body, contract with an authority for the preparation of plans and construction by the authority for the municipality, as part of a combined occupancy structure, of a social, recreational, health, educational, or other non-housing facility or facilities deemed by the municipality and the authority to be incidental or appurtenant to such project, including material and equipment customarily provided in connection with such facility and required for the operation thereof, and for the conveyance, grant or surrender in fee of its interest in the facility or facilities by the authority to the municipality upon reimbursement of the authority by the municipality for all costs incurred by the authority for development of the facility during construction or upon conveyance thereof. The authority and the municipality may provide for, grant and reserve such easements, space rights and air rights as they may deem necessary to effectuate the project and complete the facility. The cost of any such non-housing facility or facilities to be built by the authority for the municipality, which cost is to be reimbursed by the municipality to the authority, shall not be included in project cost for the purpose of determining the amount of periodic subsidies, if any, to be paid by the state for the project pursuant to § 73 (State subsidies)section seventy-three of this chapter. Notwithstanding the provisions of any other general, special or local law to the contrary, such contract may provide that the authority shall have sole charge and control over the plans and specifications for and the construction and supervision during construction of such facility or facilities; provided that the plans and specifications for and the construction of the project and the non-housing facility or facilities shall be subject to approval of the agency or agencies of the state and municipality having jurisdiction thereof as provided by law. The authority shall in constructing such facility or facilities comply with the requirements of this chapter. As used in this section “combined occupancy structure” shall mean any improvement on real property including fee interests, easements, space rights or air rights, containing a non-housing facility or facilities in combination with the residential portion of a project and intended to increase from both a planning and economic viewpoint the effective utilization of available land areas. A combined occupancy structure shall also include a structure in a project or development under the auspices of the authority wherein housing portions of structures placed upon the overall site are not built in space rights over the non-housing portion, so long as some part of the housing portion is constructed over the non-housing portion. The foregoing authorization shall be in addition to any existing powers of an authority or municipality under this chapter, and is not intended to nor shall it impair any existing powers of an authority pursuant to this chapter to provide non-housing facilities deemed incidental or appurtenant to a project, and to operate such facilities or lease the same to a municipality or agency thereof, public or non-profit body, or other person or corporation, for such operation or use.

Source: Section 55-A — Facilities incidental or appurtenant to a project, https://www.­nysenate.­gov/legislation/laws/PBG/55-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

30
Organization of authorities 31
Scope of authority’s jurisdiction 32
Officers and employees 33
Transfer of officers and employees 34
Vacancies and removals 35
Non-liability of authority members 36
Disqualification of members and employees of authorities 37
Powers of authority 38
An authority shall file with the commissioner a copy of each proposed project embodying the plans, layout, estimated costs and proposed m... 39
Projects financed solely by authorities 40
Aid from and cooperation with federal government 41
Power to issue authority bonds 42
Provisions of authority bonds 44
Signature on authority bonds 45
Repurchase of authority bonds 46
Suit on authority bonds 47
Bond covenants of an authority 48
Guaranteed indebtedness of an authority 49
Authority obligations as legal investments and legal security for deposits by public officers 50
Foreclosure and other remedies against an authority 51
Liability of state or municipality 52
Tax exemptions of an authority 53
Depositories of authority funds 54
Filing by authority of by-laws, rules and regulations 55
Projects undertaken by municipalities 55‑A
Facilities incidental or appurtenant to a project 56
Authorities created prior to the enactment of this chapter 57
Dissolution of authorities 58
Sale or lease of municipal projects by authorities 58‑A
Sale of dwelling units by authorities 58‑B
Sale or lease of project in connection with federal program of assistance for low income housing 59
Disposal of records 60
Reproduction of records 61
Tenant meetings in common areas
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 55-A’s source at nysenate​.gov

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