N.Y. Comp. Codes R. & Regs. tit. 9 § 3.96

Current through Register Vol. 46, No. 16, April 17, 2024

Section 3.96 - Executive order no. 96: creating the new york state council on housing and community development

There are in the State of New York a number of public agencies which have been created to encourage and assist in community development activities and to provide safe, sanitary and adequate housing for persons and families of low or moderate income by developing, financing, preserving, maintaining and supervising such housing. These agencies include the New York State Housing Finance Agency, the New York State Project Finance Agency, the New York State Urban Development Corporation and its subsidiary, the Mortgage Loan Enforcement and Administration Corporation, the State of New York Mortgage Agency, the New York State Department of State, and the New York State Division of Housing and Community Renewal (herein collectively referred to as the "agencies"). Each of the agencies has been vested with independent powers, the exercise of which has resulted in diffusion of the efforts of the State and the agencies to fulfill their purposes, in competition for both public and private resources available for such purposes, and in the duplication of services and functions performed by the agencies.

It is in the best interest of the people of the State to closely coordinate the housing and community development activities of the agencies, efficiently share resources among the agencies and develop integrated State housing and community development policies. It is, therefore, desirable to create a council whose purpose it is to serve as a focal point for policy development and planning, to coordinate activities of the agencies, to review and make recommendations concerning the operations and administration of the agencies, and to review and make recommendations as to the availability and allocation of public and private resources for housing and community development purposes.

I. The New York State Council on Housing and Community Development created; membership.

There is hereby created within the Executive Department a council to be known as the New York State Council on Housing and Community Development ("council"). The council shall consist of the following public-sector members: the Secretary of State, the Commissioner of the Division of Housing and Community Renewal, the chairpersons and chief executive officers of the Housing Finance Agency (and the Project Finance Agency), the Urban Development Corporation, the Mortgage Loan Enforcement and Administration Corporation, the State Mortgage Agency, and the directors of the Office of Development Planning, the Office of Urban Revitalization and the Division of the Budget. The council shall also consist of three private-sector members to be appointed by the Governor. The Governor shall appoint a chairman from among the members and such chairman shall serve at the pleasure of the Governor.

II. Powers and responsibilities of the council.

A. Coordination of housing and community development policy. The council shall advise and assist the Governor in the development of an integrated and coordinated housing and community development policy. The result of the council's policy development coordination efforts shall be a housing and community development strategy designed to provide for the orderly, effective and coordinated implementation of community development programs and for the development, preservation, financing, maintenance and supervision of housing for persons and families of low income.

B. Coordination and review of State agency operations.

1. The council, with the advice and assistance of its member agencies, shall coordinate and assure the efficient implementation of the housing and community development programs of the agencies and shall review and comment upon:

i. the method and manner in which each agency proposes to meet the needs of the people of the State and its localities;

ii. the economic feasibility of existing and proposed programs of the agencies;

iii. the forms of governmental assistance available or required to assure the economic and social stability and desirability of the programs; and

iv. applications to be submitted by such agencies for subsidies or other forms of assistance, direct or indirect, from Federal, State or local governments.

2. The council, with the advice and assistance of its member agencies, shall review the housing and community development programs, projects and operations of the agencies and make recommendations to the Governor and the agencies regarding legislative, regulatory and administrative amendments or modifications necessary or desirable to assist the agencies in fulfilling their public purposes and to assure the economic stability of these programs and the agencies.

3. The council shall recommend to the Governor, and assist in implementing, such actions as may be necessary or desirable to clearly define agency responsibilities and to coordinate programs and activities within and among the agencies.

C. Relationship with Federal and local governments and the private sector.

1. The council shall maintain liaison with such Federal and local governmental agencies and organizations in the private sector as it deems necessary or desirable for the efficient performance of responsibilities under this order. The council shall serve, or shall designate one of its members to serve, as the State's spokesperson in Federal, State and local proceedings which substantially involve matters relating to the State housing and community development policy.

2. The council shall review the applicability and utility of Federal subsidies and other forms of assistance, including, without limitation, rent subsidies, mortgage insurance and coinsurance programs, operating subsidies, and guarantees of indebtedness, and make recommendations to the Governor regarding legislative, regulatory and administrative amendments or modifications necessary or desirable to enhance the effectiveness of such programs in meeting the needs of the people of the State and the agencies.

D. Miscellaneous. The council shall perform, from time to time, such other functions as the Governor may assign to it.

III. Salaries.

The chairman shall receive a salary to be established by the Governor and reviewed annually by the Division of the Budget, unless the chairman is a public-sector member, in which case he shall receive no salary as chairman other than the compensation or other reimbursement he receives as a member, officer or employee of an agency, or as a director of the Office of Urban Revitalization, the Office of Development Planning or the Division of the Budget. The members of the council shall serve without salary or other compensation, other than the compensation or other reimbursement each member may receive as a member, officer or employee of an agency, or as a director of the Office of Urban Revitalization, the Office of Development Planning or the Division of the Budget. Private-sector members shall be reimbursed for their expenses up to $100 per day, not to exceed $2,500 per annum.

IV. Staff.

The council may employ such staff as may be deemed necessary by the chairman, at compensation to be fixed by the chairman, subject to the approval of the Director of the Budget. In carrying out its functions, powers and duties, the council shall, wherever possible, make use of the staff resources of the Office of Development Planning and the agencies.

V. Procedures of the council.

The council shall establish procedures to govern the method and manner of its operations and the submission of matters for its consideration.

VI. Cooperation of agencies.

All departments, divisions, boards, offices and public corporations of the State are requested to cooperate with [the council] and to provide such assistance as the council may request to fulfill its purposes.

VII. Construction.

The council shall construe and apply this order consistently with the powers and duties of the governing board of each agency to make findings and decisions, and otherwise to conduct the business of that agency, as prescribed by law, and the powers and duties of the Public Authorities Control Board to review and approve submissions to it by the agencies.

Signed: Hugh L. CareyDated: February 21, 1980

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.96