S3133-2011: Relates to modifying the composition of membership of the Buffalo municipal housing authority


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Relates to modifying the composition of membership of the Buffalo municipal housing authority.
Sponsor: GRISANTI
Law Section: Public Housing Law / Law: Amd S404, Pub Hous L

S3133-2011 Actions

S3133-2011 Meetings

Housing, Construction and Community Development: Mar 9, 2011

S3133-2011 Calendars

Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011

S3133-2011 Votes

VOTE: COMMITTEE VOTE: - Housing, Construction and Community Development - Mar 9, 2011

Ayes (7): Young, Bonacic, Gallivan, Grisanti, Ritchie, Espaillat, Diaz
Ayes W/R (1): Krueger
VOTE: FLOOR VOTE: - May 2, 2011

Ayes (43): Alesi, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Duane, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Valesky, Young, Zeldin
Nays (17): Adams, Addabbo, Avella, Breslin, Dilan, Espaillat, Gianaris, Hassell-Thomps, Krueger, Montgomery, Parker, Perkins, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Excused (2): Oppenheimer, Smith
VOTE: COMMITTEE VOTE: - Housing, Construction and Community Development - Jan 18, 2012

Ayes (6): Young, Bonacic, Gallivan, Grisanti, Ritchie, Diaz
Ayes W/R (1): Krueger
Nays (1): Espaillat
VOTE: FLOOR VOTE: - May 22, 2012

Ayes (44): Adams, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Stavisky, Valesky, Young, Zeldin
Nays (15): Addabbo, Avella, Dilan, Duane, Espaillat, Gianaris, Hassell-Thomps, Kennedy, Krueger, Montgomery, Oppenheimer, Rivera, Serrano, Squadron, Stewart-Cousin
Excused (2): Huntley, McDonald

S3133-2011 Memo

BILL NUMBER:S3133

TITLE OF BILL:
An act
to amend the public housing law, in relation to modifying the
composition of the membership of the Buffalo municipal housing authority

PURPOSE:
To change NYS Public Housing Law to grant the Buffalo Common
Council the power to appoint two commissioners to the Buffalo
Municipal Housing " Authority governing board.

SUMMARY OF SPECIFIC PROVISIONS:
Section 404 of the NYS public housing
law is amended to allow the governing board of the Buffalo Municipal
Housing Authority to be comprised of seven members, two elected by
tenants, two members appointed by the common council and three
members appointed by the mayor of Buffalo, one of whom shall be
designated by the mayor as chairman removable at his or her pleasure.

This bill will also allow for a five-year term of office for each
board member and any vacancy in the office of a member other than
chairman occurring otherwise than by expiration of term shall be
filled for the unexpired term; provided that a, vacancy in the seat
held by tenant member shall by filled by the mayor within 30 days of
vacancy.

�404 paragraph 4 states the chairman and other members of the
authority other than the two tenant members shall give their whole
time to their duties and shall not engage in any other occupation,
profession, or employment. The chairman and the members of the
authority other than the tenant members shall receive a salary, the
amount of which shall be fixed by local law.

JUSTIFICATION:
Over the past several years residents of the city of
Buffalo's Marine Drive Apartments have reported numerous quality of
life problems at the complex. These range from matters such as
inadequate snow removal, which poses a problem for the many elderly
residents of Marine Drive, to more serious safety concerns like the
failure of building management to coordinate with the Buffalo Police
Department with regard to illegal activity. Tenant complaints to the
Buffalo Municipal Housing Authority (BMHA), the agency that owns the
property and will assume management of the property in 2011, have
risen with many of these same tenants feeling their complaints have
been ignored. It is imperative that the Buffalo Municipal Housing
Authority Tenant Council has a board of commissioners that represent
the diverse needs of the greater Buffalo area as well as those of the
housing agency. This bill allows the Buffalo Common Council to
appoint two housing commissioners to ensure a more transparent,

accountable and representative board of commissioners on behalf of
the residents of Marine Drive and to the taxpayers of Buffalo.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3133-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3133
 2011-2012 Regular Sessions
 I N  SENATE
 February 9, 2011
 
 Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction  and
 Community Development
 AN  ACT  to  amend  the public housing law, in relation to modifying the
 composition of the membership of the Buffalo municipal housing author
 ity
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 404 of the public housing law, as amended by chap
 ter 576 of the laws of 1993, is amended to read as follows:

 

S 404. Buffalo Municipal Housing Authority.  1. The Buffalo  Municipal
 Housing Authority is hereby constituted and declared to be a body corpo
 rate  and  politic  with  all the powers, rights and duties set forth in
 article five of the former state housing law.
 2. THE GOVERNING BOARD OF THE AUTHORITY SHALL BE  COMPRISED  OF  SEVEN
 MEMBERS,  WITH  TWO MEMBERS ELECTED BY TENANTS, TWO MEMBERS APPOINTED BY
 THE COMMON COUNCIL AND THREE MEMBERS APPOINTED BY THE MAYOR OF  BUFFALO,
 ONE  OF  WHOM  SHALL BE DESIGNATED BY THE MAYOR AS CHAIRMAN REMOVABLE AT
 HIS OR HER PLEASURE. Notwithstanding any inconsistent provision of  law,
 any  member  of  such  authority  appointed or reappointed by THE COMMON
 COUNCIL OR the mayor of Buffalo shall be subject to  confirmation  by  a
 majority vote of the common council of such city.
 3.  THE  TERM  OF OFFICE OF EACH MEMBER SHALL BE FIVE YEARS. THE MAYOR
 SHALL FILE WITH THE COMMISSIONER A CERTIFICATE  OF  APPOINTMENT  OF  THE
 CHAIRMAN  AND  OF EACH MEMBER. ANY MEMBER OTHER THAN THE CHAIRMAN MAY BE
 REMOVED BY THE MAYOR FOR CAUSE AFTER A PUBLIC HEARING. A VACANCY IN  THE
 OFFICE  OF  A MEMBER OTHER THAN THE CHAIRMAN OCCURRING OTHERWISE THAN BY
 EXPIRATION OF TERM SHALL BE FILLED FOR  THE  UNEXPIRED  TERM;  PROVIDED,
 HOWEVER,  THAT  A VACANCY IN THE SEAT HELD BY EITHER TENANT MEMBER SHALL
 BE FILLED BY THE MAYOR WITHIN THIRTY DAYS OF SUCH VACANCY.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07000-01-1
 
       S. 3133                             2
 4. THE CHAIRMAN AND OTHER MEMBERS OF THE AUTHORITY OTHER THAN THE  TWO
 TENANT MEMBERS SHALL GIVE THEIR WHOLE TIME TO THEIR DUTIES AND SHALL NOT
 ENGAGE  IN  ANY OTHER OCCUPATION, PROFESSION OR EMPLOYMENT. THE CHAIRMAN
 AND THE MEMBERS OF THE AUTHORITY OTHER THAN  THE  TENANT  MEMBERS  SHALL
 RECEIVE  A  SALARY, THE AMOUNT OF WHICH SHALL BE FIXED BY LOCAL LAW. THE
 TWO TENANT MEMBERS SHALL RECEIVE A MONTHLY STIPEND IN THE AMOUNT OF  TWO
 HUNDRED FIFTY DOLLARS.
 

S 2. This act shall take effect immediately.

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