NYCL AGO 96-F3.

• Case Date: March 13, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-F3. March 13, 1996Formal Opinion No. 96-F3Hon. Joseph H. Holland Chairman Housing Trust Fund Corporation One Fordham Plaza New York, New York 10458NY CONST ART XVIII(2); PRIVATE HOUSING FINANCE LAW ART XXIV, §§ 44, 45-a, 571, 920, 1051, 1100, 1110, 1120, 1130, 1172; PUBLIC HOUSING LAW § 14; SOCIAL SERVICES LAW § 29; UNCONSOLIDATED LAWS CH 252, §§ 5, 8622; 24 CFR §§ 92.1, 92.2, 92.105, 92.107; 42 USC §§ 12704(2), (4), 12741, et seq.; L 1992 CH 794.The Governor is authorized to designate the Housing Trust Fund Corporation to administer the Federal Home Investments Partnership Program without legislative approval.Dear Commissioner Holland: You have requested a formal opinion of the Attorney General as to whether the Governor has authority to designate the Housing Trust Fund Corporation to administer the Federal Home Investments Partnership Program without legislative approval. Generally, under the Home Investments Partnership Program (Home Program), the Federal Department of Housing and Urban Development (HUD) allocates funds by formula to eligible state and local governments in order to strengthen public-private partnerships in the provision of more affordable housing. 24 CFR § 92.1; see also, 42 USC §§ 12741, et seq. Federal funds are required to be matched by non-federal resources. Id. State and local governments that become participating jurisdictions in the Home Program may use Federal funds to carry out multi-year housing strategies through acquisition, rehabilitation, and new construction of housing, and tenant-based rental assistance. Id. Participating jurisdictions may provide assistance in a number of eligible forms approved by HUD including loans, advances, equity investments and interest subsidies. Id. One purpose of the Home Program is to expand the supply of decent, safe, sanitary and affordable housing with primary attention given to rental housing for very low income persons. Id. A second primary purpose is to mobilize and strengthen the abilities of states and units of general local governments throughout the United States to design and implement strategies for achieving adequate supplies of this housing. Id. Also, the Home Program provides participating jurisdictions with various forms of Federal housing assistance, including capital investment, mortgage insurance, and rental assistance. Id. In 1992, the State Legislature...