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.

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