NYCL AGO 95-19.

• Case Date: March 07, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-19. March 7, 1995Informal Opinion No. 95-19Kevin G. O'Haire, Esq. Troy Housing Authority 1 High Meadow Road Troy, NY 12180PUBLIC HOUSING LAW § 31; PUBLIC OFFICERS LAW, §§ 3, 30; L 1975, CH 347.Members of Troy Municipal Housing Authority are required to reside in the City of Troy.Dear Mr. O'Haire: You have asked whether an appointed member of the Troy City Housing Authority must reside within the City of Troy or whether residence within the County of Rensselaer is legally sufficient. Section 3 of the Public Officers Law provides qualifications for holding public office and, in the case of a local office, requires that the office holder be a resident of the political subdivision or municipal corporation of the State for which he shall be chosen, or within which the electors electing him reside, or within which his official functions are required to be exercised. These residency requirements must be met at the time of an appointment to an office and throughout the individual's tenure in office. Public Officers Law § 30. A failure to comply with these residency requirements creates a vacancy in the office by operation of law. Id., § 30(1)(d). In a prior opinion, we concluded that members of municipal housing authorities are local public officers within the meaning of section 3 of the Public Officers Law and must, as a condition of eligibility, be residents of the municipality for which they are chosen. 1988 Op Atty Gen (Inf) 94; 1941 Op Atty Gen 154. A city housing authority has territorial jurisdiction that is coterminous with the territorial limits of the city. Public Housing Law § 31. Thus, members of a city housing authority must be residents of the city at the time of their appointment and throughout their tenure in office. You have indicated that a member of the Troy Housing Authority has changed her residence from the City of Troy to the adjoining Town of Brunswick in Rensselaer County. First, we note that the term "residence" as used in sections 3 and 30 of the Public Officers Law means "domicile". 1977 Op Atty Gen (Inf) 271. While an individual can have more than one residence he or she can have only one domicile. Ibid. Domicile is largely determined by an individual's intent to make a residence his or her permanent home. Ibid. A temporary change of residence...