New York Rent Laws
EHRCL Table of Contents

The Local Emergency Housing Rent Control Act [1962]

Section 14. CIVIL SERVICE.

Upon the transfer of the functions of the temporary state housing
rent commission to the city housing rent agency pursuant to
subdivision six of this section, the officers, and employees of
such commission, other than those certified for retention by the
state rent administrator to the state department of civil service
prior to April first, nineteen hundred sixty-two, as required for
the continued operations of such commission, shall be transferred
as of May first, nineteen hundred sixty-two, to the city housing
rent agency for the continued performance of their functions.
Such officers and employees shall be transferred to similar or
corresponding positions in such city housing rent agency, without
further examination or qualification, and shall retain their
respective civil service jurisdictional classifications and
status. If the city housing rent agency determines that it will
not accept for transfer all such officers and employees, the city
housing rent agency shall certify to the state department of
civil service those officers and employees whom it will not
accept for transfer and in such event, the determination of those
to be transferred shall be made by selection of the city housing
rent agency from among officers and employees holding permanent
appointments in competitive class positions in the order of their
respective dates of original appointments in the service of the
state, with due regard to the right of preference in retention of
disabled and non-disabled veterans and blind persons.

Notwithstanding the provisions of any general, special or local
law, code or charter requiring officers and employees of a city
having a population of one million or more to be residents of
such city at the time of their entry into city service or during
the continuance of such service, officers and employees of the
temporary state housing rent commission shall be transferred to
and shall be retained by the city housing rent agency pursuant to
this subdivision without regard to local residence.

Officers and employees holding permanent appointments in
competitive class positions, other than those certified by the
state rent administrator for retention in the service of the
state, who are not accepted for transfer by the city housing rent
agency or who request to be excepted from such transfer shall
have their names entered on an appropriate preferred list for
reinstatement to the same or similar positions in the service of
the state.

Officers and employees transferred to the city housing rent
agency pursuant to this subdivision shall be entitled to full
seniority credit for all purposes, including the determination of
their city salaries and increments, for service in the state
government rendered prior to such transfer, as though such
service had been service in the city government. Such transferees
shall retain their earned unused sick leave and vacation credits,
but not in excess of maximum accumulations permitted under such
municipal rules as may be applicable.

Officers and employees transferred pursuant to this subdivision
shall thereafter be subject to the rules and jurisdiction of the
municipal civil service commission having jurisdiction over the
city housing rent agency to which such transfer is made. The
state department of civil service shall transfer to such
municipal civil service commission on May first, nineteen hundred
sixty-two, or as soon thereafter as may be practicable, all
eligible lists, records, documents and files pertaining to the
officers and employees so transferred and to their positions.
Examinations for positions in the temporary state housing rent
commission which are in process on May first, nineteen hundred
sixty-two, shall be completed by the state civil service
commission and eligible lists established. Such lists shall be
included among the eligible lists transferred to the municipal
civil service commission. Any such eligible list shall continue
to be used by such municipal civil service commission and shall
be certified by it in accordance with the provisions of its rules
and regulations for filling vacancies in appropriate positions in
the city housing rent agency exercising the functions transferred
pursuant to this section; provided, however, that such
certifications from promotion eligible lists shall be limited to
eligibles transferred to such city housing rent agency pursuant
to this subdivision. Promotions in the temporary state housing
rent commission shall be made from among eligibles on appropriate
lists who are not transferred to the city housing rent agency.
All other matters which relate to the administration of the civil
service law with respect to the officers and employees
transferred pursuant to this subdivision, and with respect to
their positions, and which at the time of such transfer are
pending before the state department of civil service or the state
civil service commission, shall be transferred to such municipal
civil service commission, and any action theretofore taken on
such matters by such state department or commission shall have
the same force and effect as if taken by such municipal civil
service commission.