In a NY city with a city-manager form of government, does the manager or the mayor appoint members of the city housing authority?

Subject

City manager authorized to appoint city housing authority members

Plain-English summary

The City of Watertown asked whether the mayor or the city manager had the authority to appoint members of the city housing authority. Watertown operates under Plan C of the Optional City Government Law (chapter 444 of the Laws of 1914), which is the city-manager form of government. Under Plan C, "the administrative and executive powers of the city, including the power of appointment of officers and employees, are vested in" the city manager. The manager is appointed by the council. The manager is the administrative head of city government.

Public Housing Law § 30(2) provides that the "mayor" of a city or village (or the town board of a town) appoints the members of a housing authority. Public Housing Law § 3(6) defines "mayor" as "the chief executive officer of a municipality." That definition is doing the work: the appointing officer for a housing authority is the chief executive officer, regardless of what title that officer carries.

In a council-manager city, the city manager is the chief executive officer. The court so held in Matter of Schlobohm v Municipal Housing Authority for the City of Yonkers, 270 App Div 1022, affd 297 NY 911 (1948). So the city manager, not the titular mayor, appoints the housing authority members.

The AG also pointed to 9 NYCRR § 1601.1, which requires the "mayor or other chief executive of a municipality" to file the certificate of appointment with the Commissioner of Housing. The regulation's "or other chief executive" language tracks the same statutory definition.

A December 12, 1994 letter from HUD to the Watertown mayor had also clarified that under New York State law the chief executive officer of a municipality holds the power to appoint members of a public housing authority, after an earlier HUD form letter had created confusion.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is Plan C of the Optional City Government Law?

Plan C is one of several forms of city government available to New York cities under chapter 444 of the Laws of 1914 (the Optional City Government Law). It is the council-manager form: the elected city council hires a professional city manager, who handles the administrative and executive functions. The mayor in a Plan C city is typically a ceremonial role chosen from among council members, with the city manager exercising executive authority.

Why does the housing authority statute say "mayor" if it means the chief executive officer?

Because Public Housing Law § 3(6) was drafted to be flexible. By tying "mayor" to "the chief executive officer of a municipality," the Legislature avoided having to amend the statute every time a city changed its form of government. A council-manager city, a strong-mayor city, and a mayor-council city all fit, with the chief executive officer identified by reference to the actual structure.

What does the Schlobohm case stand for?

Schlobohm v Municipal Housing Authority for the City of Yonkers, 270 App Div 1022, affd 297 NY 911 (1948), held that the chief executive officer of a municipality, not whoever happens to be called "mayor" as a ceremonial title, has the authority to make housing authority appointments. The case settled the question for cities that had different titular versus executive roles.

Could the council confirm or reject the manager's appointments?

The opinion does not address that. It is structured around who has the appointing power. If the city charter or local law layers a confirmation requirement on top (like the council confirmation discussed in 1995-13), that would be a separate question, and the AG's general view is that confirmation requirements do not change who counts as the appointing authority.

What about housing authorities in towns and villages?

Public Housing Law § 30(2) treats them similarly. In a village, the chief executive officer (typically the village mayor) appoints. In a town, the town board appoints collectively. The statute targets the actual decisionmaker, whether one person or a body.

Statutory and historical framework

The Optional City Government Law (L 1914, ch 444) gave New York cities a menu of governance plans. Plan C is the council-manager form, governed by Article V §§ 90 and 91 of the 1914 act. Watertown adopted Plan C and so operates under that framework.

Public Housing Law § 30(2) is the appointment authority for city housing authorities, and § 3(6) supplies the definition of "mayor" as the chief executive officer.

9 NYCRR § 1601.1 is the state Housing Commissioner's regulation requiring certification of appointments to housing authorities, using the chief-executive-officer formulation.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-18_pw.pdf

Original opinion text

PUBLIC HOUSING LAW §§ 3(6), 30(2); 9 NYCRR § 1601.1; L 1914,
Ch 444, Art V, §§ 90, 91.
The city manager of the City of Watertown, as the chief
executive officer of the city, has the authority to make
appointments to the city housing authority.
March 7, 1995

Robert J. Slye, Esq.
City Attorney
City of Watertown
531 Washington Street
Watertown, NY 13601

Informal Opinion
No. 95-18

Dear Mr. Slye:
You have asked whether the mayor or the city manager of the
City of Watertown has the authority to appoint the members of a
city housing authority.
You have indicated that the City of Watertown has adopted
Plan C of Chapter 444 of the Laws of 1914 (the Optional City
Government Law). You have characterized this plan as the city
manager form of government. Under Plan C,
"[t]he administrative and executive powers of the city, including the
power of appointment of officers and employees, are vested in an
official to be known as the city manager, who shall be appointed by
the council . . .".

L 1914, ch 444, Art V, § 90. The city manager is designated as
the administrative head of city government. Id., § 91. Public
Housing Law § 30(2) provides that the mayor of a city or village,
or the town board of a town appoints the members of a housing
authority. The term "mayor" is defined as "the chief executive
officer of a municipality". Public Housing Law § 3(6). Under
these provisions, the officer who has status as the chief
executive officer of the municipality has the authority to
appoint the members of a city housing authority. Matter of
Schlobohm v Municipal Housing Authority for the City of Yonkers,
270 App Div 1022, affd, 297 NY 911 (1948). In that the City of
Watertown has adopted Plan C of the Optional City Government Law,
whereby the city manager is the chief executive officer of the
city, it follows that the city manager is authorized to appoint
the members of the city housing authority.
We also refer to the Rules and Regulations of the State of
New York, providing that the mayor "or other chief executive of a
municipality" must file with the Commissioner of Housing a
certificate of appointment or reappointment of any member of a

housing authority. 9 NYCRR § 1601.1. We note that in a
December 12, 1994 letter to the mayor of the City of Watertown
from an official of the United States Department of Housing and
Urban Development, the Department indicated that in New York
State the chief executive officer of a municipality has the power
to appoint members to a public housing authority. December 12,
1994 letter from Harry A. Reese, Director, Office of Public
Housing to Mayor Jeffrey E. Graham. In this letter, Mr. Reese
explained that the prior letter which caused the confusion as to
who has the power of appointment was a standard form letter and
did not convey any directives as to the authority to make these
appointments. The second letter stated that "[t]hose powers are
conveyed by New York State law".
We conclude that the city manager of the City of Watertown,
as the chief executive officer of the city, has the authority to
make appointments to the city housing authority.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,

JAMES D. COLE
Assistant Attorney General
in Charge of Opinions