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.

The AG concluded that Watertown’s city manager is its chief executive officer under Plan C. The opinion cites Matter of Schlobohm v Municipal Housing Authority for the City of Yonkers, 270 App Div 1022, affd 297 NY 911 (1948), for the rule that the chief executive officer appoints housing authority members. Thus Watertown’s city manager has the appointment authority.

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?

Watertown adopted Plan C under chapter 444 of the Laws of 1914. Under that plan, the council appoints a city manager in whom the city's administrative and executive powers, including appointment of officers and employees, are vested. The opinion identifies the manager as Watertown's chief executive officer; it does not describe the mayor's other duties.

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?

The opinion cites Matter of Schlobohm v Municipal Housing Authority for the City of Yonkers, 270 App Div 1022, affd 297 NY 911 (1948), for the rule that the municipality’s chief executive officer has authority to appoint housing authority members. The AG identifies Watertown’s city manager as its chief executive through the city’s adoption of Plan C.

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

The opinion addresses who appoints Watertown housing authority members. It does not discuss council confirmation or decide the effect of a local confirmation rule.

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