Title 9 Part 1625

The basic reference governing the general administration of the State-aided housing program is the Public Housing Law. Authority members, counsel and all responsible administrative employees should be familiar with this law and particularly with the specific sections of the law and the provisions referred to below:

The bylaws, rules and regulations and amendments thereto including the rules and regulations and amendments relating to the authority's organization or internal management, the loan and subsidy contract and master management resolution set forth the basic administrative and operating procedures of an authority. Excluding the loan and subsidy contract a copy of any of the documents referred to in this section adopted by an authority shall be filed with the commissioner and shall become effective upon the commissioner's approval or shall, if the commissioner fails to approve or disapprove within three months after filing, become effective. An original and duplicate copy of any material submitted under these provisions for the commissioner's action shall be addressed to the commissioner. An authority shall also file all rules and regulations and amendments thereto except such as relate to its organization or internal management in the office of the Department of State.

The management manual (this Subchapter) is of a technical nature and has as its prime objective, the adoption and maintenance of proper management standards for State-aided projects. Although this manual is to be generally utilized by employees specifically concerned, all officials of the authority should be aware of the availability of this manual for reference-purposes.

The accounting manual (see Subchapter D of this Chapter) is of a technical nature and has for its prime objectives the establishment of a uniform system of keeping the books of account, the furnishing of uniform financial reports and associated statements as required by the Public Housing Law and the loan and subsidy contract, the furnishing of evidence of compliance with the provisions of the Public Housing Law of the State of New York, and the providing of a means for the effective control of development and operating funds of State-aided projects. Although of a technical nature, all officials of the authority should be aware of the availability of this manual for reference purposes.

Housing authority members bear the high responsibility of public trust which is rightfully expected from public officers. Members are entrusted with the custody of assets representing millions of dollars of public funds as well as administrative control of annual expenditures of hundreds of thousands of dollars. The custody and control of such public funds require each member to ensure that buildings, grounds and other assets are kept up to high standards so that their value is not impaired and that the annual operating expenditures are wisely and economically spent. Members must exercise judicious control of the premises entrusted in their care, including the use of community room and public spaces. In this regard, division policy does not permit community room and public spaces to be used for partisan political activities or sectarian religious purposes.

Members also have a responsibility to the local community. They are the means by which the community meets, to a degree, the challenge of adequate housing for all its citizens. They also serve to alert the community to housing conditions which require attention and to advise the community of the means available from both private and public sources to correct these conditions.

Finally, members have an obligation to tenants of their projects. They should seek and demand the most economical operation of projects to attain the lowest possible rents for the tenants, whose incomes are necessarily limited. They also should interest themselves in tenant activities as these afford opportunities for learning the tenants' problems as well as explaining the authority's position on matters of mutual interest.

An authority will generally meet each month, but the frequency of such meetings will be as required by the amount or nature of the business to be transacted. Whenever necessary, an authority shall meet to select a chairman and vice-chairman as provided in section 32 of the Public Housing Law, as well as such other officers as it deems necessary. Proper notice should be forwarded sufficiently in advance so as to be received by each member at least two days prior to the date of a meeting. A majority of the members of an authority shall constitute a quorum.

An agenda of business to be acted on should be prepared for each meeting by the secretary or other designated individuals. Members should receive a copy of the agenda a day or two prior to the meeting so they may prepare for the business to be transacted.

Section 159 of the Public Housing Law prohibits disclosure of certain information acquired by an authority or municipality or by an officer or employee thereof. An open meeting at which such information is to be discussed should be recessed and a closed, executive session held while such matters are being discussed. Tenants and applicants rightfully expect personal information to be held in strict confidence, and authorities must zealously respect such confidence as contemplated by section 159 of the Public Housing Law.

A complete transcript of the minutes of each meeting of the authority shall be forwarded in duplicate to the division within 10 days after the meeting. Thus, in the case of authorities operating both Federal- and State-subsidized projects, the minutes may pertain to either or both programs, but they must be submitted in their entirety. The submission of extracts which are applicable to the State-subsidized projects alone is not acceptable. The division will not formally acknowledge receipt of the minutes.

Resolutions, passed by an authority, which require the approval of the division will be the subject of separate correspondence. The normal inclusion of such resolutions in minutes of a meeting will not be deemed a request for division approval.

Expenses incurred in necessary travel on official business for the authority by the members, agents and employees are reimbursable to the amount actually spent or the established limits, whichever is lower. When using a common carrier, such as a bus, train or airplane, reimbursable transportation expense will be approved only for the coach rate and not the first class rate, unless the higher rate can be justified.

Private automobiles with adequate insurance coverage may be used for official travel only when it is to the best interest of the authority. Governing factors will be the availability, cost and schedules of transportation by common carrier. Use of private automobiles is generally not justified on a cost basis unless one or more passengers, who would normally have reimbursable transportation expenses, accompany the driver. If the authority determines that the use of a privately owned automobile is to its advantage and properly authorizes its use, reimbursement at a rate equal to that allowed to State employees at that time will be allowed for mileage traveled on official business. However, if the authority determines that the per mile rate is not to its advantage, reimbursement for use of a privately owned automobile can always be made to the extent of the prevailing first class fares per railroad mile charged by common carriers. Charges for garage, parking, gasoline, accessories, repairs, depreciation, antifreeze, towage and other similar expenses will not be allowed. Bridge, tunnel and highway tolls are reimbursable. Receipts for such tolls are required to be attached to the voucher. New York Thruway charges are reimbursable but not in excess, during any one year, of the cost of a yearly permit. Toll charges will be considered in determining whether use of automobile is to best interest of the authority.

Funds cannot be advanced for travel expenses. Reimbursement can be made only after travel has been performed, and after properly submitted voucher has been approved and returned by the Division of Housing.

If the authority desires, round trip transportation tickets for authorized travel may be purchased in advance by use of a properly prepared authority purchase order, an accounts payable voucher and a check payable to the common carrier in the exact amount, excluding any taxes for the specific travel authorized. This eliminates the need for the traveler to expend his own funds for transportation costs.

A monthly allowance may be given to designated employees who use their private automobiles on a frequent basis for official authority business in and about the municipality in which the project is located, provided the authority has ascertained that such travel and its frequency are necessary, that other means of transportation are not available, or if available, their use is not to the best interests of the authority; and provided, further, that the Division of Housing has approved such allowance. Such employees must have the required insurance coverage on their car. Payment of such allowance can only be made on or after the last business day of the month for which the allowance is being paid.

Total travel expenditures during a fiscal year are subject to the approved budgetary limits and, in the case of travel to NAHRO, NYSARHO and NHC conferences, to the following limits:

Travel on official business for housing authorities is exempt from transportation tax and hotel occupancy tax. Tax exemption certificates (Exhibit A of Appendix S-3) will be used to substantiate such claim of exemption. Reimbursement cannot be made for any payment of a tax from which the authority is exempt.

A travel voucher, Division of Housing form HM-35 (Exhibit B of Appendix S-3), will be prepared by each individual claiming reimbursement. The division management representative may approve the form in the field if it is acceptable. The authority may await the visit of the management representative for such purpose or may forward it to the division together with all substantiating papers. Hotel bills and any other substantiating papers shall remain attached to the travel voucher file copy at all times.

Correspondence to the Division of Housing concerning operating projects will normally be addressed to the Director, Bureau of Management, but note the following:

Correspondence in reply to a communication initiated by another bureau or higher echelon of the Division of Housing shall be addressed to the bureau or person concerned, with one copy being forwarded to the Director, Bureau of Management. This applies only to correspondence initiated by the division.

Correspondence initiated by the authority should normally be addressed to the Director, Bureau of Management, who will be responsible for referring it to the proper bureau for action if necessary.

Reports and forms required or requested by another bureau or higher echelons of the Division of Housing will not be forwarded to the Director of the Bureau of Management unless the distribution schedule of such reports or forms require it.

The applications' pending files, whether active or inactive should be maintained as close as possible to the tenant files. The active files will consist of those applications determined to be eligible or still being investigated and will be maintained in chronological order, with earliest date on top, within category of size apartment needed. Active files should be reviewed at least once a year to determine which applications should be shifted to the inactive files. Form letters to applicants may be used for such determination. Inactive files contain those applications which have been determined to be ineligible or those that have since requested the withdrawal of their applications.

Files of vouchers and purchase orders shall be maintained by serial number with the most recent number being placed on top. If an additional set is maintained, such additional set should be maintained in alphabetical order by name of vendor. Ledgers shall be kept by account number. All other special purpose items shall be kept as required for easy and frequent reference.

Hours of work shall be established by the authority so as to provide necessary coverage for project operation. Where possible, office hours and hours of work per week shall conform with those of the municipality.

Vacation, sick leave, retirement membership, health insurance and related benefits, as established by the authority, should normally be comparable to those established by the local municipality.

Personnel records, including payrolls, must be maintained on such forms and in such manner as required by the local civil service commission. In the absence of such requirements, and as a minimum in all cases, the following records must be maintained:

An authority may assign apartments for resident employees and their families if such assignment will provide for more efficient operation of the project. The apartments to be assigned and the rents to be charged shall be established by the authority, subject to prior written approval of the division. Resident employees shall not be subject to rental surcharges. The resident employees apartment lease, which provides for vacating the apartment upon termination of employment, shall be executed for all resident employees.