STATE OF NEW YORK ________________________________________________________________________ 6879--A Cal. No. 1166 2023-2024 Regular Sessions IN SENATE May 12, 2023 ___________ Introduced by Sen. WALCZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the public housing law, in relation to the transfer of the village of West Carthage housing authority to the town of Wilna housing authority; and to repeal certain provisions of the public housing law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Title 149 of article 13 of the public housing law is 2 REPEALED. 3 § 2. Section 471 of the public housing law, as added by chapter 684 of 4 the laws of 1960, is amended to read as follows: 5 § 471. Town of Wilna housing authority. 1. A municipal housing 6 authority, to be known as the town of Wilna housing authority is hereby 7 created and established for the town of Wilna in the county of Jefferson 8 for the accomplishment of any or all of the purposes specified in arti- 9 cle eighteen of the constitution of the state of New York. It shall 10 constitute a body corporate and politic, be perpetual in duration and 11 consist of five members. It shall have the powers and duties now or 12 hereafter conferred by this chapter upon municipal housing authorities. 13 It shall be organized in the manner prescribed by and subject to the 14 provisions of this chapter and the authority, its members, officers and 15 employees and its operations and activities shall in all respects be 16 governed by the provisions of this chapter. 17 2. Notwithstanding any other provision of law, rule or regulation to 18 the contrary, the village of West Carthage housing authority, in its 19 entirety, shall be transferred to the town of Wilna housing authority. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10829-02-3
S. 6879--A 2 1 All powers and duties of the village of West Carthage housing authority 2 pursuant to section thirty-seven of this chapter or any other provision 3 relating to municipal housing authorities under article three of this 4 chapter shall be transferred to and assumed by the town of Wilna housing 5 authority. 6 § 3. Transfer of functions. All of the functions and powers possessed 7 by, and all of the obligations and duties of the village of West 8 Carthage housing authority are transferred and assigned to, assumed by 9 and devolved upon the town of Wilna housing authority, in accordance 10 with and pursuant to the provisions of this act. 11 § 4. Transfer of employees. Notwithstanding any other provision of 12 law, rule, or regulation to the contrary, upon the transfer of functions 13 from the village of West Carthage housing authority pursuant to this 14 act, all employees of the village of West Carthage housing authority 15 shall be transferred to the town of Wilna housing authority. Employees 16 transferred pursuant to this section shall be transferred without 17 further examination or qualification and shall retain their respective 18 civil service classifications, status and collective bargaining unit 19 designations and collective bargaining agreements. 20 § 5. Transfer of records. All books, papers, and property of the 21 village of West Carthage housing authority shall be provided to and 22 deemed to be in the possession of the town of Wilna housing authority. 23 § 6. Continuity of authority. For the purpose of succession of all 24 functions, powers, duties and obligations transferred and assigned to, 25 devolved upon and assumed by it pursuant to this act, the town of Wilna 26 housing authority shall be deemed and held to constitute the continua- 27 tion of the village of West Carthage housing authority. 28 § 7. Completion of unfinished business. Any business or other matter 29 undertaken or commenced by the village of West Carthage housing authori- 30 ty pertaining to or connected with the functions, powers, obligations 31 and duties hereby transferred and assigned to the town of Wilna housing 32 authority and pending on the effective date of this act, may be 33 conducted and completed by the town of Wilna housing authority in the 34 same manner and under the same terms and conditions and with the same 35 effect as if conducted and completed by the village of West Carthage 36 housing authority. 37 § 8. Continuation of rules and regulations. All rules, regulations, 38 acts, orders, determinations, and decisions of the village of West 39 Carthage housing authority pertaining to the functions and powers trans- 40 ferred and assigned pursuant to this act, in force at the time of such 41 transfer and assumption, shall continue in full force and effect as 42 rules, regulations, acts, orders, determinations and decisions of the 43 town of Wilna housing authority until duly modified or abrogated by the 44 board of such authority. 45 § 9. Terms occurring in laws, contracts and other documents. Whenever 46 the village of West Carthage housing authority, or the board thereof, is 47 referred to or designated in any contract or document pertaining to the 48 functions, powers, obligations and duties hereby transferred to and 49 assigned to the town of Wilna housing authority, such reference or 50 designation shall be deemed to refer to the town of Wilna housing 51 authority or such authority's board, as applicable. 52 § 10. Existing rights and remedies preserved. No existing right or 53 remedy of any character shall be lost, impaired or affected by any 54 provisions of this act. 55 § 11. Pending actions and proceedings. No action or proceeding pending 56 at the time when this act shall take effect, brought by or against the
S. 6879--A 3 1 village of West Carthage housing authority, or the board thereof, shall 2 be affected by any provision of this act, but the same may be prosecuted 3 or defended in the name of the town of Wilna housing authority, or the 4 board thereof. In all such actions and proceedings, the town of Wilna 5 housing authority, upon application of the court, shall be substituted 6 as a party. 7 § 12. Transfer of assets and liabilities. All assets and liabilities 8 of the village of West Carthage housing authority are hereby transferred 9 to and assumed by the town of Wilna housing authority. 10 § 13. This act shall take effect immediately.