NYCL AGO 96-40.

• Court: New York

New York Attorney General Opinions 1996. AGO 96-40. Informal Opinion No. 96-40Gillian D. Brown, Esq.General Counsel No. 96-40 Buffalo Municipal Housing Authority 300 Perry Street Buffalo, NY 14204-2299GENERAL MUNICIPAL LAW § 806; PUBLIC HOUSING LAW §§ 30, 37, 404; 24 CFR §§ 811.101, et seq.The position of city commissioner of neighborhoods, housing and inspections, member of a board of commissioners of a municipality's housing authority and member of a local not-for-profit corporation that administers the municipality's United States Department of Housing and Urban Development (HUD) Section 8 programs are compatible.Dear Mr. Brown: You ask whether the City of Buffalo's Commissioner of Neighborhoods, Housing and Inspections may serve as a member of the Buffalo Municipal Housing Authority (BMHA) Board of Commissioners and as a member of the Board of Directors of the Rental Assistance Corporation of Buffalo (RAC), a local not-for-profit corporation that administers the United States Department of Housing and Urban Development (HUD) Section 8 program in Buffalo. The Commissioner of Neighborhoods, Housing and Inspections is responsible for the city's housing policy. He or she prepares a comprehensive plan for revitalization of city neighborhoods including provisions for code enforcement, grant programs and new housing strategies. The Commissioner is in charge of all publicly supported neighborhood residential rehabilitation and construction and enforces all laws governing construction, alteration, repair and maintenance of buildings and structures. The BMHA has been established by the State Legislature as a public corporation and has as its general purpose the alleviation of adverse housing conditions in the City of Buffalo. Public Housing Law §§ 37, 404. The BMHA is governed by a seven-member board of commissioners. The mayor of Buffalo names the appointive members of the Authority. See, Public Housing Law § 30(2). The Public Housing Law permits one member of the BMHA to serve as an official or employee of the City of Buffalo. Id., § 30 (4). Therefore, the commissioner by law may serve on the housing authority's board. In the absence of a constitutional or statutory prohibition against dual-officeholding, one person may hold two or more offices simultaneously unless they are incompatible. The leading case on compatibility of...