Imposes certain governance and reporting requirements on the New York city housing authority; requires the establishment of a training program for board members of NYCHA; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
8157
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. LUCAS -- read once and referred to the Committee
on Housing
AN ACT to amend the public housing law and the public authorities law,
in relation to the New York city housing authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 4 of section 402 of
2 the public housing law is designated paragraph a and three new para-
3 graphs b, c and d are added to read as follows:
4 b. The chairperson and the other members of the authority, including
5 the additional tenant member, shall: (1) exercise direct oversight of
6 the authority's chief executive officer or general manager and other
7 managers or supervisors in the effective and ethical management of the
8 authority; (2) understand, review and monitor the implementation of
9 fundamental financial and management controls and operational decisions
10 of the authority; (3) adopt a code of ethics for officers and employees
11 of the authority consistent with section eight hundred six of the gener-
12 al municipal law; (4) perform each of their duties as board members,
13 including but not limited to those imposed by this section, in good
14 faith and with that degree of diligence, care and skill which an ordi-
15 narily prudent person in like position would use under similar circum-
16 stances, and may take into consideration the views and policies of any
17 elected official or body, or other person and ultimately apply independ-
18 ent judgment in the best interest of the authority, its mission and the
19 public. At the time that each member takes and subscribes his or her
20 oath of office, or within sixty days after the effective date of this
21 paragraph if the member has already taken and subscribed his or her oath
22 of office, execute an acknowledgment, in a form consistent with the one
23 prescribed by the New York independent authorities budget office estab-
24 lished pursuant to title two of article one of the public authorities
25 law in which the board member acknowledges that he or she understands
26 his or her role, and fiduciary responsibilities as set forth in subpara-
27 graph four of this paragraph, and acknowledges that he or she under-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07981-01-3
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1 stands his or her duty of loyalty and care to the organization and
2 commitment to the authority's mission and the public interest.
3 c. All board members, including the tenant member, shall participate
4 in training approved by the inspector general of the authority regarding
5 their legal, fiduciary, financial and ethical responsibilities as direc-
6 tors of an authority within one year of appointment to the board. Board
7 members shall participate in such continuing training as may be required
8 to remain informed of best practices, regulatory and statutory changes
9 relating to the effective oversight of the management and financial
10 activities of public corporations and to adhere to the highest standards
11 of responsible governance.
12 d. Notwithstanding any laws to the contrary, the authority shall not,
13 directly or indirectly, extend or maintain credit, arrange for the
14 extension of credit, or renew an extension of credit, in the form of a
15 personal loan to or for any officer, board member or employee of the
16 authority.
17 § 2. Section 402 of the public housing law is amended by adding eleven
18 new subdivisions 12, 12-a, 13, 14, 15, 16, 17, 18, 19, 20 and 21 to read
19 as follows:
20 12. Disposition of property. a. Definitions. For the purposes of this
21 subdivision:
22 (1) "authorities budget office" shall mean the independent authorities
23 budget office established pursuant to section four of the public author-
24 ities law.
25 (2) "city comptroller" shall mean the comptroller of the city of New
26 York.
27 (3) "contracting officer" shall mean the officer or employee of the
28 authority who shall be appointed by resolution of the board of the
29 authority to be responsible for the disposition of property.
30 (4) "dispose", "disposition" or "disposal" shall mean the sale, lease
31 or transfer of title or any other beneficial interest in personal or
32 real property in accordance with paragraph c of this subdivision, and
33 shall also include the demolition of real property.
34 (5) "mayor" shall mean the mayor of the city of New York.
35 (6) "property" shall mean personal property in excess of five thousand
36 dollars in value, real property, and any inchoate or other interest in
37 such property, to the extent that such interest may be conveyed to
38 another person for any purpose, excluding an interest securing a loan or
39 other financial obligation of another party.
40 b. Duties of the authority with respect to the disposal of property.
41 (1) The authority shall adopt by resolution comprehensive guidelines
42 which shall (a) detail the authority's operative policy and instructions
43 regarding the use, awarding, monitoring and reporting of contracts for
44 the disposal of property, and (b) designate a property management offi-
45 cer who shall be responsible for the authority's compliance with, and
46 enforcement of, such guidelines. Such guidelines shall be consistent
47 with, and shall require the authority's disposition activities to comply
48 with this subdivision, the authority's enabling legislation and any
49 other applicable federal laws and regulations for the disposal of prop-
50 erty, except that such guidelines may be stricter than the provisions of
51 this subdivision, the authority's enabling legislation and any other
52 applicable federal laws and regulations for the disposal of property if
53 the authority determines that additional safeguards are necessary to
54 assure the integrity of its disposition activities. Guidelines approved
55 by the authority shall be annually reviewed and approved by the board of
56 the authority. On or before the thirty-first day of March in each year,
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1 the authority shall file with the authorities budget office a copy of
2 the guidelines most recently reviewed and approved by the authority,
3 including the name of the authority's designated property management
4 officer. At the time of filing such guidelines with the authorities
5 budget office, the authority shall also post such guidelines on the
6 authority's internet website. Guidelines posted on the authority's
7 internet website shall be maintained on such website at least until the
8 procurement guidelines for the following year are posted on such
9 website.
10 (2) The authority shall:
11 (a) maintain adequate inventory controls and accountability systems
12 for all property under its control;
13 (b) periodically inventory such property to determine which property
14 shall be disposed of; and
15 (c) produce a written report of such property in accordance with
16 subparagraph three of this paragraph.
17 (3) (a) The authority shall publish, at least annually, a report list-
18 ing all real property owned, controlled or operated by the authority.
19 Such report shall include a list and full description of all property
20 disposed of during such period. The report shall contain the price
21 received by the authority and the name of the purchaser for all such
22 property disposed of by the authority during such period.
23 (b) The authority shall deliver copies of such report to the independ-
24 ent authorities budget office, the mayor, the city comptroller, the New
25 York city council and the state legislature.
26 c. Disposal of authority property. (1) Except as otherwise provided in
27 this subdivision, the property management officer designated by the
28 authority shall have supervision over the disposition of property of the
29 authority.
30 (2) The custody and control of the property of the authority, pending
31 its disposition, and the disposal of such property, shall be performed
32 by the authority.
33 (3) Subject to subparagraph five of this paragraph, the authority may
34 dispose of property for not less than the fair market value of such
35 property by sale, lease, exchange, or transfer, for cash, credit, or
36 other property, with or without warranty, and upon such other terms and
37 conditions as the authority deems proper, provided that such terms and
38 conditions are consistent with industry practices and are comparable to
39 terms and conditions contained in similar agreements or contracts
40 between and by private parties, and it may execute such documents for
41 the transfer of title or other interest in property and take such other
42 action as it deems necessary or proper to dispose of such property under
43 the provisions of this subdivision provided, however, that no disposi-
44 tion of real property, or any interest in real property, shall be made
45 unless an appraisal of the value of such property has been made by an
46 independent appraiser and included in the record of the transaction,
47 and, provided further, that no disposition of any other property, which
48 because of its unique nature or the unique circumstances of the proposed
49 transaction is not readily valued by reference to an active market for
50 similar property, shall be made without a similar appraisal.
51 (4) (a) All disposals or contracts for disposal of property of the
52 authority made or authorized by the authority shall be made after
53 publicly advertising for bids except as provided in clause (c) of this
54 subparagraph.
55 (b) Whenever public advertising for bids is required under clause (a)
56 of this subparagraph:
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1 (i) the advertisement for bids shall be made at such time prior to the
2 disposal or contract, through such methods, and on such terms and condi-
3 tions as shall permit full and free competition consistent with the
4 value and nature of the property;
5 (ii) all bids shall be publicly disclosed at the time and place stated
6 in the advertisement; and
7 (iii) the award shall be made with reasonable promptness by notice to
8 the responsible bidder whose bid, conforming to the invitation for bids,
9 will be most advantageous to the authority, price and other factors
10 considered; provided, that all bids may be rejected when it is in the
11 public interest to do so.
12 (c) Disposals and contracts for disposal of property may be negotiated
13 or made by public auction without regard to clauses (a) and (b) of this
14 subparagraph but subject to obtaining such competition as is feasible
15 under the circumstances, if:
16 (i) the personal property involved has qualities separate from the
17 utilitarian purpose of such property, such as artistic quality, antiqui-
18 ty, historical significance, rarity, or other quality of similar effect,
19 that would tend to increase its value, or if the personal property is to
20 be sold in such quantity that, if it were disposed of under clauses (a)
21 and (b) of this subparagraph, would adversely affect the state or local
22 market for such property, and the estimated fair market value of such
23 property and other satisfactory terms of disposal can be obtained by
24 negotiation;
25 (ii) the fair market value of the property does not exceed fifty thou-
26 sand dollars;
27 (iii) bid prices after advertising therefor are not reasonable, either
28 as to all or some part of the property, or have not been independently
29 arrived at in open competition;
30 (iv) the disposal will be to the state or any political subdivision,
31 and the estimated fair market value of the property and other satisfac-
32 tory terms of disposal are obtained by negotiation;
33 (v) under those circumstances permitted by subparagraph five of this
34 paragraph; or
35 (vi) such action is otherwise authorized by law.
36 (d) (i) An explanatory statement shall be prepared of the circum-
37 stances of each disposal by negotiation of:
38 (A) any personal property which has an estimated fair market value in
39 excess of fifty thousand dollars;
40 (B) any real property that has an estimated fair market value in
41 excess of fifty thousand dollars;
42 (C) any real property disposed of at below fair market value or for a
43 nominal price.
44 (ii) Each such statement shall be transmitted to the persons entitled
45 to receive copies of the report required under paragraph b of this
46 subdivision not less than ninety days in advance of such disposal, and a
47 copy thereof shall be preserved in the files of the authority.
48 (5) (a) No property owned, leased or otherwise in the control of the
49 authority may be sold, leased, or otherwise alienated for less than its
50 fair market value except:
51 (i) if the purchaser, lessee or transferee is a government or other
52 public entity, and the terms and conditions of the disposition require
53 that the ownership and use of the asset will remain with the government
54 or any other public entity; or
55 (ii) if the authority seeks to dispose of property for less than its
56 fair market value to other than a governmental entity the authority
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1 shall provide written notification thereof to the mayor, the city comp-
2 troller, the state legislature and the New York city council.
3 (b) In the event a below fair market value property disposition is
4 proposed, the following information must be provided to the mayor, the
5 city comptroller, the state legislature and the New York city council
6 and the general public:
7 (i) a full description of the property;
8 (ii) an appraisal of the fair market value of the property and any
9 other information establishing the fair market value;
10 (iii) a description of the purpose of the disposition and a statement
11 of the kind and amount of the benefit to the residents of the authori-
12 ty's housing resulting from the disposition, including but not limited
13 to, the benefits, if any, to the communities in which the property is
14 situated;
15 (iv) a statement of the financial value to be received by the authori-
16 ty and by the private parties participating or otherwise involved in the
17 property compared to the fair market value, including the projected or
18 potential value of any tax credits, exemptions, government subsidies or
19 grants, or real property tax abatements given to the private parties;
20 (v) the names of any private parties participating in the disposition,
21 and if different than the statement required by subclause (iv) of this
22 clause, a statement of the value to the private party;
23 (vi) the names of other private parties who have made an offer for
24 such property, the value offered, and the purpose for which the property
25 was sought to be used; and
26 (vii) an analysis comparing the value or consideration received by the
27 authority for a disposition of authority real property with the value or
28 consideration that a private party purchaser or lessor would receive for
29 disposing of similarly-situated or comparable real property and explain-
30 ing the differences or discrepancies between two values or consider-
31 ation.
32 (c) Before approving the disposal of any property for less than fair
33 market value, the board shall consider the information described in
34 clause (b) of this subparagraph and make a written determination that
35 there is no reasonable alternative to the proposed below-market disposi-
36 tion that would achieve the same purpose of such disposition. The deter-
37 mination shall include the reasons for disposing of the property at
38 below fair market value.
39 d. Public hearings. (1) In addition to the public hearings required
40 pursuant to federal laws and regulations, the authority shall also
41 conduct at least one public hearing at the development, project, house
42 or site in which the disposition is being planned or proposed, as
43 follows:
44 (a) at least ten days prior to the date when the application to
45 dispose of the affected property is presented to the authority's govern-
46 ing board for approval. The hearing shall include a full and detailed
47 presentation on the appraisal of the subject property;
48 (b) if the authority makes a significant amendment to the application
49 at any time after the public hearing conducted pursuant to clause (a) of
50 this subparagraph. The authority may not submit the amendment and
51 forward the amended application to the federal department of housing and
52 urban development until the authority has conducted a public hearing on
53 the significant amendment. For the purposes of this clause, "significant
54 amendment" shall mean: any change to the application that will in any
55 way impair, change or affect the rights of, and benefits to, the
56 affected residents, the affected housing development or project or the
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1 residents of public housing; and that is not merely correcting a typo-
2 graphical error, or making conforming or technical amendments; and
3 (c) within fifteen days after the authority has received approval from
4 the federal department of housing and urban renewal on the application
5 to dispose of the property. The authority shall not be authorized to
6 implement the approved application until such public hearing has been
7 held.
8 (2) The authority shall provide written notice in a manner and form
9 sufficient to inform the affected residents, tenant organizations and
10 the public at least ten days before the date of any public hearing is
11 conducted pursuant to this paragraph.
12 e. Board action. (1) As a condition for its submission to the federal
13 department of housing and urban development, the application to dispose
14 of real property shall be approved by the members of the authority
15 pursuant to a board resolution, as provided in this paragraph.
16 (2) The resolution must be dated after the date of the last resident
17 meeting and after the date of any letter of support from the appropriate
18 government officials relating to the application, and shall set forth,
19 among other things:
20 (a) the dates and a description of the consultation with residents,
21 tenant organizations and other interested parties;
22 (b) the dates and a description of any consultation with local govern-
23 ment officials; and
24 (c) letters of support from the appropriate tenant organizations and
25 public officials.
26 12-a. Project tracking system. a. The authority shall establish and
27 maintain a system to track, monitor and assess the status and progress
28 of all capital projects, and all disposition projects approved by the
29 federal department of housing and urban development and of every mainte-
30 nance or repair project performed by the department. The information
31 contained in any such system shall include, at a minimum:
32 (1) a description of the project, including its location;
33 (2) the category or type of repair, if applicable;
34 (3) the original start date;
35 (4) the actual start date, if different than the original start date;
36 (5) the original budget;
37 (6) the current budget;
38 (7) the final cost of the project;
39 (8) the current phase of the project;
40 (9) the original completion date; and
41 (10) the actual completion date, if different than the original
42 completion date.
43 b. The system shall be open and available to the authority's resi-
44 dents. The authority shall ensure that the information contained in the
45 tracking system is available on the authority's website.
46 c. The authority shall issue a report, at least annually, setting
47 forth and explaining the information contained in the tracking system,
48 including:
49 (1) the total number of requests for repairs, broken down by work
50 types or categories;
51 (2) the total number of pending or outstanding projects, broken down
52 by work types or categories;
53 (3) the total number of projects completed;
54 (4) the average number of days to complete maintenance or repair
55 projects, broken down by the different work types or categories;
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1 (5) the total number of maintenance and repair projects not completed,
2 broken down by the different work types or categories;
3 (6) an estimate of the number of days required to complete all of the
4 projects, including any backlogs;
5 (7) an explanation or reasons for any delays in the completion of a
6 project in a timely manner; and
7 (8) an explanation or reasons why the costs of a project exceeded the
8 original budget, if applicable.
9 13. Reporting requirements. a. The authority shall submit to the
10 independent authorities budget office established pursuant to section
11 four of the public authorities law, the mayor and the comptroller of the
12 city of New York and the state legislature, within ninety days after the
13 end of its fiscal year, a complete and detailed report or reports to the
14 extent that such matters are not fully reported or disclosed in the
15 annual independent audit report pursuant to this subdivision setting
16 forth: (1) its financial reports, including (a) audited financials in
17 accordance with all applicable regulations and following generally
18 accepted accounting principles, (b) grant and subsidy programs, (c)
19 operating and financial risks, and (d) long-term liabilities, including
20 leases and employee benefit plans; (2) a compensation schedule that
21 shall include, by position, title and name of the person holding such
22 position or title, the salary, compensation, allowance and/or benefits
23 provided to any officer, director or employee in a decision making or
24 managerial position of such authority whose salary is in excess of one
25 hundred thousand dollars; (3) biographical information, not including
26 confidential personal information, for all directors and senior manage-
27 ment; (4) an assessment of the effectiveness of its internal control
28 structure and procedures; (5) a description of the authority and its
29 board structure, including (a) names of committees and committee
30 members, (b) lists of board meetings and attendance, (c) descriptions of
31 major authority divisions, departments and bureaus, and (d) the total
32 number of full and part-time employees; (6) its by-laws; (7) a listing
33 of material changes in operations and programs during the reporting
34 year; (8) at a minimum, a four-year financial plan, including (a) a
35 current and projected capital budget, and (b) an operating budget
36 report, including an actual versus estimated budget, with an analysis
37 and measurement of financial and operating performance; (9) a
38 description of the total amounts of assets or services or both assets
39 and services bought or sold without competitive bidding, including (a)
40 the nature of those assets or services, (b) the names of the parties to
41 the transaction, and (c) where the contract price for assets or services
42 purchased exceeds fair market value, or where the contract price for
43 assets or services sold is less than fair market value, a detailed
44 explanation of the justification for making the purchase or sale without
45 competitive bidding, and a certification by the chairperson and chief
46 financial officer of the authority that they have reviewed the terms of
47 such purchase or sale and determined that it complies with applicable
48 law and procurement guidelines; (10) a list and description of the
49 disposition projects undertaken by the authority in the past fiscal
50 year, in the current fiscal year, and in the following fiscal year; (11)
51 a list and description of all real property owned, controlled or oper-
52 ated by the authority, regardless of size or value; (12) a list and
53 description of any real property acquired by the authority for a price
54 of fifty thousand dollars or more in the current fiscal year, regardless
55 of whether the purchase was for cash, mortgage, in-kind services or any
56 other consideration; (13) a list and description of any other assets or
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1 property, the value of which exceeds ten thousand dollars; (14) a list
2 and description of any service or employment contracts, the value of
3 which exceeds fifty thousand dollars, to which the authority is a party;
4 (15) the extent of participation by minority and women-owned enterprises
5 in authority contracts and services; (16) employment numbers relating to
6 the authority's resident employment program for the reporting fiscal
7 year, including but not limited to, the total number of positions avail-
8 able, broken down by the type of jobs; the number of applicants for each
9 position; the length of employment of each position; the rate of pay and
10 benefits for each position; and the number of positions that led to
11 full-time employment for participating residents; and (17) a description
12 of any material pending litigation in which the authority is involved as
13 a party during the reporting year.
14 b. (1) The authority shall make accessible to the public, via its
15 official web site, the report or reports required pursuant to paragraph
16 a of this subdivision except information that is exempt from disclosure
17 pursuant to article six of the public officers law. The authority shall
18 also prepare and make accessible a summary in plain English of the prin-
19 cipal information in its operating and capital budget and conclusions to
20 be drawn from it. Any financial information required to be posted on the
21 website pursuant to the provisions of this section shall be presented in
22 a downloadable, searchable format.
23 (2) The authority shall also prepare and make available for public
24 inspection on its website: (a) information that details the sources of
25 data and the assumptions and methods of estimation used to calculate all
26 operating and capital budget projections, consistent with generally
27 accepted budgetary practices; (b) within sixty days of the release of
28 the adopted budget, monthly projections for the current fiscal year of
29 all revenue and expenses, and staffing for the authority; (c) the status
30 of capital projects by capital element, including but not limited to
31 commitments, expenditures and completions; and (d) an explanation of
32 material variances from the capital plan, such as cost overruns and
33 delays.
34 c. Every financial report submitted under this subdivision shall be
35 approved by the board and shall be certified in writing by the chief
36 executive officer and the chief financial officer of the authority that
37 based on the officer's knowledge (1) the information provided therein is
38 accurate, correct and does not contain any untrue statement of material
39 fact; (2) does not omit any material fact which, if omitted, would cause
40 the financial statements to be misleading in light of the circumstances
41 under which such statements are made; and (3) fairly presents in all
42 material respects the financial condition and results of operations of
43 the authority as of, and for, the periods presented in the financial
44 statements.
45 d. At the request of the authority, the authorities budget office may
46 determine that the reports, records, data and any other information
47 submitted by the authority pursuant to federal laws, rules or regu-
48 lations fully complies with or otherwise satisfies the reporting
49 requirements set forth in this subdivision. The authorities budget
50 office shall inform the authority of its determination and may waive
51 compliance with paragraph a of this subdivision or shall specify those
52 matters set forth in such paragraph a that the authority shall be
53 required to submit a report on. Any determination made by the authori-
54 ties budget office pursuant to this paragraph shall be final and not
55 subject to judicial review.
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1 14. Annual independent audit report. a. The authority shall submit to
2 the independent authorities budget office established pursuant to the
3 public authorities law, the mayor and comptroller of the city of New
4 York, and the state legislature, together with the report described in
5 subdivision thirteen of this section, a copy of the annual independent
6 audit report, performed by a certified public accounting firm in accord-
7 ance with generally accepted auditing standards, and management letter
8 and any other external examination of the books and accounts of the
9 authority.
10 b. The certified independent public accounting firm that performs any
11 audit required by this subdivision shall timely report to the board
12 members of the authority: (1) all critical accounting policies and prac-
13 tices to be used; (2) all alternative treatments of financial informa-
14 tion within generally accepted accounting principles that have been
15 discussed with management officials of the authority, ramifications of
16 the use of such alternative disclosures and treatments, and the treat-
17 ment preferred by the certified independent public accounting firm; and
18 (3) other material written communications between the certified inde-
19 pendent public accounting firm and the management of the authority, such
20 as the management letter along with management's response or plan of
21 corrective action, material corrections identified or schedule of unad-
22 justed differences, where applicable.
23 c. Notwithstanding any other provision of law to the contrary, the
24 certified independent public accounting firm providing such authority's
25 annual independent audit will be prohibited in providing audit services
26 to the authority if the lead (or coordinating) audit partner (having
27 primary responsibility for the audit), or the audit partner responsible
28 for reviewing the audit, has performed audit services for the authority
29 in each of the five previous fiscal years.
30 d. The certified independent public accounting firm performing the
31 authority's audit shall be prohibited from performing any non-audit
32 services to such authority contemporaneously with the audit, unless
33 receiving previous written approval by the board including: (1) book-
34 keeping or other services related to the accounting records or financial
35 statements of such authority; (2) financial information systems design
36 and implementation; (3) appraisal or valuation services, fairness opin-
37 ions, or contribution-in-kind reports; (4) actuarial services; (5)
38 internal audit outsourcing services; (6) management functions or human
39 services; (7) broker or dealer, investment advisor, or investment bank-
40 ing services; and (8) expert services unrelated to the audit.
41 e. It shall be prohibited for any certified independent public
42 accounting firm to perform for the authority any audit service if the
43 chief executive officer, chief financial officer, chief accounting offi-
44 cer, or any other person serving in an equivalent position for the
45 authority, was employed by that certified independent public accounting
46 firm and participated in any capacity in the audit of the authority
47 during the one year period preceding the date of the initiation of the
48 audit.
49 f. Notwithstanding any provision of law to the contrary, the authority
50 may exempt information from disclosure or report, if the counsel of such
51 authority deems that such information is covered by article six of the
52 public officers law.
53 15. Whistleblower protection. a. For the purposes of this subdivi-
54 sion:
55 (1) "attorney general" shall mean the attorney general of the state of
56 New York.
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1 (2) "employees" means those persons employed at the authority, includ-
2 ing but not limited to: full-time and part-time employees, those employ-
3 ees on probation, and temporary employees.
4 (3) "inspector general" shall mean the inspector general of the
5 authority appointed pursuant to subdivision seventeen of this section.
6 (4) "whistleblower" shall mean any employee of the authority who
7 discloses information concerning acts of wrongdoing, misconduct, malfea-
8 sance, or other inappropriate behavior by an employee or board member of
9 the authority, concerning the authority's investments, travel, acquisi-
10 tion of real or personal property, the disposition of real or personal
11 property and the procurement of goods and services.
12 b. The board of the authority shall establish written policies and
13 procedures protecting employees from retaliation for disclosing informa-
14 tion concerning acts of wrongdoing, misconduct, malfeasance or other
15 inappropriate behavior by a board member or an employee of the authori-
16 ty, including but not limited to, investments, travel, the acquisition
17 of real property, the disposition of real or personal property, and the
18 procurement of goods and services.
19 c. The inspector general, after consultation with the attorney gener-
20 al, shall develop a whistleblower access and assistance program which
21 shall include, but not be limited to:
22 (1) evaluating and commenting on whistleblower programs and policies
23 by board;
24 (2) establishing toll-free telephone and facsimile lines available to
25 employees;
26 (3) offering advice regarding employee rights under applicable state
27 and federal laws and advice and options available to all persons; and
28 (4) offering an opportunity for employees to identify concerns regard-
29 ing any issue at the authority.
30 d. Any communications between an employee and the inspector general
31 pursuant to this subdivision shall be held strictly confidential by the
32 inspector general, unless the employee specifically waives in writing
33 the right to confidentiality, except that such confidentiality shall not
34 exempt the inspector general from disclosing such information, where
35 appropriate, to any law enforcement authority.
36 e. The authority shall not fire, discharge, demote, suspend, threaten,
37 harass or discriminate against an employee because of the employee's
38 role as a whistleblower, insofar as the actions taken by the employee
39 are legal.
40 16. Lobbying contacts. a. As used in this subdivision:
41 (1) "lobbyist" shall have the same meaning as defined in the legisla-
42 tive law.
43 (2) "lobbying" shall mean and include, but not be limited to, any
44 attempt to influence:
45 (a) the adoption or rejection of any rule or regulation having the
46 force and effect of law by the authority; or
47 (b) any determination involving or relating to any contracts or agree-
48 ments in any amount of the authority, including procurement contracts.
49 (3) "contact" shall mean any conversation, in person or by telephonic
50 or other remote means, or correspondence between any lobbyist engaged in
51 the act of lobbying and any person within the authority who can make or
52 influence a decision on the subject of the lobbying on behalf of the
53 authority, and shall include, at a minimum, all members of the board and
54 all officers of the authority.
55 b. The authority shall maintain a record of all lobbying contacts made
56 with such authority.
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1 c. Every board member, officer or employee of the authority who is
2 contacted by a lobbyist shall make a contemporaneous record of such
3 contact containing the day and time of the contact, the identity of the
4 lobbyist and a general summary of the substance of the contact.
5 d. The authority shall adopt a policy implementing the requirements of
6 this subdivision. Such policy shall appoint an officer to whom all such
7 records shall be delivered. Such officer shall maintain such records for
8 not less than seven years in a filing system designed to organize such
9 records in a manner so as to make such records useful to determine
10 whether the decisions of the authority were influenced by lobbying
11 contacts.
12 17. Office of inspector general. a. Establishment and organization.
13 (1) There is hereby established the office of the inspector general in
14 the authority. The head of the office shall be the inspector general who
15 shall be appointed by, and report to, the commissioner of the department
16 of investigation of the city of New York.
17 (2) The inspector general shall hold office at the discretion of the
18 commissioner and until his or her successor is appointed and has quali-
19 fied.
20 (3) The inspector general may appoint one or more deputy inspectors
21 general to serve at his or her pleasure, who shall be responsible for
22 conducting investigations in the authority.
23 b. Functions and duties. The inspector general shall have the follow-
24 ing duties and responsibilities:
25 (1) receive and investigate complaints from any source, or upon his or
26 her own initiative, concerning allegations of corruption, fraud, crimi-
27 nal activity, conflicts of interest or abuse in the authority;
28 (2) inform the board and chief executive director of such allegations
29 and the progress of investigations related thereto, unless special
30 circumstances require confidentiality;
31 (3) determine with respect to such allegations whether disciplinary
32 action, civil or criminal prosecution, or further investigation by an
33 appropriate federal, state or local agency is warranted, and to assist
34 in such investigations;
35 (4) prepare and release to the public written reports of such investi-
36 gations, as appropriate and to the extent permitted by law, subject to
37 redaction to protect the confidentiality of witnesses. The release of
38 all or portions of such reports may be deferred to protect the confiden-
39 tiality of ongoing investigations;
40 (5) review and examine periodically the policies and procedures of the
41 authority with regard to the prevention and detection of corruption,
42 fraud, criminal activity, conflicts of interest or abuse;
43 (6) recommend remedial action to prevent or eliminate corruption,
44 fraud, criminal activity, conflicts of interest or abuse;
45 (7) establish programs for training authority officers and employees
46 regarding the prevention and elimination of corruption, fraud, criminal
47 activity, conflicts of interest or abuse in covered agencies.
48 c. Powers. The inspector general shall have the power to:
49 (1) subpoena and enforce the attendance of witnesses;
50 (2) administer oaths or affirmations and examine witnesses under oath;
51 (3) require the production of any books and papers deemed relevant or
52 material to any investigation, examination or review;
53 (4) notwithstanding any law to the contrary, examine and copy or
54 remove documents or records of any kind prepared, maintained or held by
55 the authority;
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1 (5) require any officer or employee of the authority to answer ques-
2 tions concerning any matter related to the performance of his or her
3 official duties. No statement or other evidence derived therefrom may be
4 used against such officer or employee in any subsequent criminal prose-
5 cution other than for perjury or contempt arising from such testimony.
6 The refusal of any officer or employee to answer questions shall be
7 cause for removal from office or employment or other appropriate penal-
8 ty;
9 (6) monitor the implementation by the authority of any recommendations
10 made by the inspector general;
11 (7) perform any other functions that are necessary or appropriate to
12 fulfill the duties and responsibilities of office.
13 d. Responsibilities of authority officers and employees. Every officer
14 or employee of the authority shall report promptly to the inspector
15 general any information concerning corruption, fraud, criminal activity,
16 conflicts of interest or abuse by another authority officer or employee
17 relating to his or her office or employment, or by a person having busi-
18 ness dealings with the authority relating to those dealings. The knowing
19 failure of any officer or employee to so report shall be cause for
20 removal from office or employment or other appropriate penalty. Any
21 officer or employee who acts pursuant to this subdivision by reporting
22 to the inspector general improper governmental action shall not be
23 subject to dismissal, discipline or other adverse personnel action.
24 18. Financial disclosure. Notwithstanding any other provisions of law
25 to the contrary, board members, officers, and employees of the authority
26 shall file annual financial disclosure statements as required by section
27 12-110 of the administrative code of the city of New York.
28 19. Compliance with building codes. Housing and other buildings or
29 structures that are owned, controlled or operated by the authority shall
30 be maintained in accordance with the building code of the city of New
31 York. Such city shall enforce the building code with respect to build-
32 ings and structures of the authority pursuant to the city charter and
33 the administrative code of the city of New York.
34 20. Tenant assistance. a. For the purposes of this subdivision:
35 (1) "CCOP" shall mean the citywide council of presidents, a body
36 established by the authority consisting of every president of a resident
37 association recognized by the authority; and
38 (2) "RAB" shall mean a resident advisory board, a board consisting of
39 authority residents, required to be established pursuant to federal
40 rules and regulations.
41 b. At the beginning of every calendar year, the authority shall inform
42 the CCOP executive board regarding, and make available to such executive
43 board, the amount of federal funds appropriated or allocated to, or
44 otherwise held by, the authority for the purposes of providing technical
45 assistance or education to the residents or resident organizations of
46 the authority.
47 c. (1) The CCOP executive board shall expend or use such funds to: (a)
48 retain or employ housing and real estate experts, such as attorneys,
49 accountants, financial advisors, real property appraisers, to provide
50 advice, counsel and other assistance to affected residents or resident
51 associations or organizations on any real property demolition or dispo-
52 sition project planned or proposed by the authority; or (b) for any
53 other expenditures authorized in applicable laws, rules and regulations.
54 (2) The CCOP executive board shall inform each RAB of the availability
55 of such experts and any other resources. At the request of a RAB, the
56 CCOP executive board shall make such experts and other resources avail-
A. 8157 13
1 able to any RAB affected by a planned or proposed disposition by the
2 authority.
3 (3) Such experts shall be paid directly from the funds appropriated,
4 allocated or held for such purpose, and shall report directly to the
5 CCOP executive board.
6 d. At the end of the calendar year, the CCOP executive board shall
7 prepare and submit a report to the authority setting forth the total
8 amount of funds that were expended during the calendar year and a
9 detailed account on how such funds were expended.
10 21. Sole source contacts. a. The authority shall notify the city
11 comptroller of the city of New York of any contracts or categories of
12 contracts, the value of which exceeds one million dollars, where the
13 contract or categories of contracts is proposed to be awarded by the
14 authority to a single source, a sole source or pursuant to any other
15 method of procurement that is not competitive. Notwithstanding any
16 provisions of law to the contrary, such contract or categories of
17 contracts are subject to the approval of such city comptroller. Such
18 notification shall identify the process for submission, the contract or
19 categories of contracts at issue and the time period for which such
20 submission is to take place. The city comptroller shall promulgate such
21 rules and regulations as may be necessary to carry out his or her
22 responsibilities under this subdivision, including but not limited to
23 the standards for determining which contracts will be subject to his or
24 her review and for approving such contracts.
25 b. Where the city comptroller, pursuant to paragraph a of this subdi-
26 vision, has notified the authority that a contract or category of
27 contracts is subject to his or her approval, if the comptroller has not
28 approved or disapproved any contract subject to his or her approval
29 within ninety days of submission to his or her office, such contract
30 shall become valid and enforceable without such approval.
31 c. This subdivision shall not apply to contracts entered into for the
32 procurement of goods, services or both goods and services made to meet
33 emergencies arising from unforeseen causes or to effect repairs to crit-
34 ical infrastructure that are necessary to avoid a delay in the delivery
35 of critical services that could compromise tenant or public safety or
36 welfare.
37 § 3. Section 1678 of the public authorities law is amended by adding a
38 new subdivision 33 to read as follows:
39 33. To enter into a construction management agreement with the New
40 York city housing authority, pursuant to which one or more buildings,
41 facilities or structures owned, controlled or operated by the New York
42 city housing authority located in the city of New York are to be
43 constructed, reconstructed, rehabilitated, improved, modernized, reno-
44 vated or expanded for such authority.
45 § 4. Severability. If any clause, sentence, paragraph, section or part
46 of this act shall be adjudged by any court of competent jurisdiction to
47 be invalid, the judgment shall not affect, impair, or invalidate the
48 remainder thereof, but shall be confined in its operation to the clause,
49 sentence, paragraph, section or part thereof directly involved in the
50 controversy in which the judgment shall have been rendered.
51 § 5. This act shall take effect on the ninetieth day after it shall
52 have become a law. Effective immediately, the addition, amendment and/or
53 repeal of any rule or regulation necessary for the implementation of
54 this act on its effective date are authorized to be made and completed
55 on or before such date.
