STATE OF NEW YORK ________________________________________________________________________ 5575 2025-2026 Regular Sessions IN ASSEMBLY February 18, 2025 ___________ 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 their oath of 20 office, or within sixty days after the effective date of this paragraph 21 if the member has already taken and subscribed their oath of office, 22 execute an acknowledgment, in a form consistent with the one prescribed 23 by the New York independent authorities budget office established pursu- 24 ant to title two of article one of the public authorities law in which 25 the board member acknowledges that they understand their role, and fidu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08245-01-5
A. 5575 2 1 ciary responsibilities as set forth in subparagraph four of this para- 2 graph, and acknowledges that they understand their duty of loyalty and 3 care to the organization and commitment to the authority's mission and 4 the public interest. 5 c. All board members, including the tenant member, shall participate 6 in training approved by the inspector general of the authority regarding 7 their legal, fiduciary, financial and ethical responsibilities as direc- 8 tors of an authority within one year of appointment to the board. Board 9 members shall participate in such continuing training as may be required 10 to remain informed of best practices, regulatory and statutory changes 11 relating to the effective oversight of the management and financial 12 activities of public corporations and to adhere to the highest standards 13 of responsible governance. 14 d. Notwithstanding any laws to the contrary, the authority shall not, 15 directly or indirectly, extend or maintain credit, arrange for the 16 extension of credit, or renew an extension of credit, in the form of a 17 personal loan to or for any officer, board member or employee of the 18 authority. 19 § 2. Section 402 of the public housing law is amended by adding eleven 20 new subdivisions 12, 12-a, 13, 14, 15, 16, 17, 18, 19, 20 and 21 to read 21 as follows: 22 12. Disposition of property. a. Definitions. For the purposes of this 23 subdivision: 24 (1) "authorities budget office" shall mean the independent authorities 25 budget office established pursuant to section four of the public author- 26 ities law. 27 (2) "city comptroller" shall mean the comptroller of the city of New 28 York. 29 (3) "contracting officer" shall mean the officer or employee of the 30 authority who shall be appointed by resolution of the board of the 31 authority to be responsible for the disposition of property. 32 (4) "dispose", "disposition" or "disposal" shall mean the sale, lease 33 or transfer of title or any other beneficial interest in personal or 34 real property in accordance with paragraph c of this subdivision, and 35 shall also include the demolition of real property. 36 (5) "mayor" shall mean the mayor of the city of New York. 37 (6) "property" shall mean personal property in excess of five thousand 38 dollars in value, real property, and any inchoate or other interest in 39 such property, to the extent that such interest may be conveyed to 40 another person for any purpose, excluding an interest securing a loan or 41 other financial obligation of another party. 42 b. Duties of the authority with respect to the disposal of property. 43 (1) The authority shall adopt by resolution comprehensive guidelines 44 which shall (a) detail the authority's operative policy and instructions 45 regarding the use, awarding, monitoring and reporting of contracts for 46 the disposal of property, and (b) designate a property management offi- 47 cer who shall be responsible for the authority's compliance with, and 48 enforcement of, such guidelines. Such guidelines shall be consistent 49 with, and shall require the authority's disposition activities to comply 50 with this subdivision, the authority's enabling legislation and any 51 other applicable federal laws and regulations for the disposal of prop- 52 erty, except that such guidelines may be stricter than the provisions of 53 this subdivision, the authority's enabling legislation and any other 54 applicable federal laws and regulations for the disposal of property if 55 the authority determines that additional safeguards are necessary to 56 assure the integrity of its disposition activities. Guidelines approved
A. 5575 3 1 by the authority shall be annually reviewed and approved by the board of 2 the authority. On or before the thirty-first day of March in each year, 3 the authority shall file with the authorities budget office a copy of 4 the guidelines most recently reviewed and approved by the authority, 5 including the name of the authority's designated property management 6 officer. At the time of filing such guidelines with the authorities 7 budget office, the authority shall also post such guidelines on the 8 authority's internet website. Guidelines posted on the authority's 9 internet website shall be maintained on such website at least until the 10 procurement guidelines for the following year are posted on such 11 website. 12 (2) The authority shall: 13 (a) maintain adequate inventory controls and accountability systems 14 for all property under its control; 15 (b) periodically inventory such property to determine which property 16 shall be disposed of; and 17 (c) produce a written report of such property in accordance with 18 subparagraph three of this paragraph. 19 (3) (a) The authority shall publish, at least annually, a report list- 20 ing all real property owned, controlled or operated by the authority. 21 Such report shall include a list and full description of all property 22 disposed of during such period. The report shall contain the price 23 received by the authority and the name of the purchaser for all such 24 property disposed of by the authority during such period. 25 (b) The authority shall deliver copies of such report to the independ- 26 ent authorities budget office, the mayor, the city comptroller, the New 27 York city council and the state legislature. 28 c. Disposal of authority property. (1) Except as otherwise provided in 29 this subdivision, the property management officer designated by the 30 authority shall have supervision over the disposition of property of the 31 authority. 32 (2) The custody and control of the property of the authority, pending 33 its disposition, and the disposal of such property, shall be performed 34 by the authority. 35 (3) Subject to subparagraph five of this paragraph, the authority may 36 dispose of property for not less than the fair market value of such 37 property by sale, lease, exchange, or transfer, for cash, credit, or 38 other property, with or without warranty, and upon such other terms and 39 conditions as the authority deems proper, provided that such terms and 40 conditions are consistent with industry practices and are comparable to 41 terms and conditions contained in similar agreements or contracts 42 between and by private parties, and it may execute such documents for 43 the transfer of title or other interest in property and take such other 44 action as it deems necessary or proper to dispose of such property under 45 the provisions of this subdivision provided, however, that no disposi- 46 tion of real property, or any interest in real property, shall be made 47 unless an appraisal of the value of such property has been made by an 48 independent appraiser and included in the record of the transaction, 49 and, provided further, that no disposition of any other property, which 50 because of its unique nature or the unique circumstances of the proposed 51 transaction is not readily valued by reference to an active market for 52 similar property, shall be made without a similar appraisal. 53 (4) (a) All disposals or contracts for disposal of property of the 54 authority made or authorized by the authority shall be made after 55 publicly advertising for bids except as provided in clause (c) of this 56 subparagraph.
A. 5575 4 1 (b) Whenever public advertising for bids is required under clause (a) 2 of this subparagraph: 3 (i) the advertisement for bids shall be made at such time prior to the 4 disposal or contract, through such methods, and on such terms and condi- 5 tions as shall permit full and free competition consistent with the 6 value and nature of the property; 7 (ii) all bids shall be publicly disclosed at the time and place stated 8 in the advertisement; and 9 (iii) the award shall be made with reasonable promptness by notice to 10 the responsible bidder whose bid, conforming to the invitation for bids, 11 will be most advantageous to the authority, price and other factors 12 considered; provided, that all bids may be rejected when it is in the 13 public interest to do so. 14 (c) Disposals and contracts for disposal of property may be negotiated 15 or made by public auction without regard to clauses (a) and (b) of this 16 subparagraph but subject to obtaining such competition as is feasible 17 under the circumstances, if: 18 (i) the personal property involved has qualities separate from the 19 utilitarian purpose of such property, such as artistic quality, antiqui- 20 ty, historical significance, rarity, or other quality of similar effect, 21 that would tend to increase its value, or if the personal property is to 22 be sold in such quantity that, if it were disposed of under clauses (a) 23 and (b) of this subparagraph, would adversely affect the state or local 24 market for such property, and the estimated fair market value of such 25 property and other satisfactory terms of disposal can be obtained by 26 negotiation; 27 (ii) the fair market value of the property does not exceed fifty thou- 28 sand dollars; 29 (iii) bid prices after advertising therefor are not reasonable, either 30 as to all or some part of the property, or have not been independently 31 arrived at in open competition; 32 (iv) the disposal will be to the state or any political subdivision, 33 and the estimated fair market value of the property and other satisfac- 34 tory terms of disposal are obtained by negotiation; 35 (v) under those circumstances permitted by subparagraph five of this 36 paragraph; or 37 (vi) such action is otherwise authorized by law. 38 (d) (i) An explanatory statement shall be prepared of the circum- 39 stances of each disposal by negotiation of: 40 (A) any personal property which has an estimated fair market value in 41 excess of fifty thousand dollars; 42 (B) any real property that has an estimated fair market value in 43 excess of fifty thousand dollars; or 44 (C) any real property disposed of at below fair market value or for a 45 nominal price. 46 (ii) Each such statement shall be transmitted to the persons entitled 47 to receive copies of the report required under paragraph b of this 48 subdivision not less than ninety days in advance of such disposal, and a 49 copy thereof shall be preserved in the files of the authority. 50 (5) (a) No property owned, leased or otherwise in the control of the 51 authority may be sold, leased, or otherwise alienated for less than its 52 fair market value except: 53 (i) if the purchaser, lessee or transferee is a government or other 54 public entity, and the terms and conditions of the disposition require 55 that the ownership and use of the asset will remain with the government 56 or any other public entity; or
A. 5575 5 1 (ii) if the authority seeks to dispose of property for less than its 2 fair market value to other than a governmental entity the authority 3 shall provide written notification thereof to the mayor, the city comp- 4 troller, the state legislature and the New York city council. 5 (b) In the event a below fair market value property disposition is 6 proposed, the following information must be provided to the mayor, the 7 city comptroller, the state legislature and the New York city council 8 and the general public: 9 (i) a full description of the property; 10 (ii) an appraisal of the fair market value of the property and any 11 other information establishing the fair market value; 12 (iii) a description of the purpose of the disposition and a statement 13 of the kind and amount of the benefit to the residents of the authori- 14 ty's housing resulting from the disposition, including but not limited 15 to, the benefits, if any, to the communities in which the property is 16 situated; 17 (iv) a statement of the financial value to be received by the authori- 18 ty and by the private parties participating or otherwise involved in the 19 property compared to the fair market value, including the projected or 20 potential value of any tax credits, exemptions, government subsidies or 21 grants, or real property tax abatements given to the private parties; 22 (v) the names of any private parties participating in the disposition, 23 and if different than the statement required by subclause (iv) of this 24 clause, a statement of the value to the private party; 25 (vi) the names of other private parties who have made an offer for 26 such property, the value offered, and the purpose for which the property 27 was sought to be used; and 28 (vii) an analysis comparing the value or consideration received by the 29 authority for a disposition of authority real property with the value or 30 consideration that a private party purchaser or lessor would receive for 31 disposing of similarly-situated or comparable real property and explain- 32 ing the differences or discrepancies between two values or consider- 33 ation. 34 (c) Before approving the disposal of any property for less than fair 35 market value, the board shall consider the information described in 36 clause (b) of this subparagraph and make a written determination that 37 there is no reasonable alternative to the proposed below-market disposi- 38 tion that would achieve the same purpose of such disposition. The deter- 39 mination shall include the reasons for disposing of the property at 40 below fair market value. 41 d. Public hearings. (1) In addition to the public hearings required 42 pursuant to federal laws and regulations, the authority shall also 43 conduct at least one public hearing at the development, project, house 44 or site in which the disposition is being planned or proposed, as 45 follows: 46 (a) at least ten days prior to the date when the application to 47 dispose of the affected property is presented to the authority's govern- 48 ing board for approval. The hearing shall include a full and detailed 49 presentation on the appraisal of the subject property; 50 (b) if the authority makes a significant amendment to the application 51 at any time after the public hearing conducted pursuant to clause (a) of 52 this subparagraph. The authority may not submit the amendment and 53 forward the amended application to the federal department of housing and 54 urban development until the authority has conducted a public hearing on 55 the significant amendment. For the purposes of this clause, "significant 56 amendment" shall mean: any change to the application that will in any
A. 5575 6 1 way impair, change or affect the rights of, and benefits to, the 2 affected residents, the affected housing development or project or the 3 residents of public housing; and that is not merely correcting a typo- 4 graphical error, or making conforming or technical amendments; and 5 (c) within fifteen days after the authority has received approval from 6 the federal department of housing and urban renewal on the application 7 to dispose of the property. The authority shall not be authorized to 8 implement the approved application until such public hearing has been 9 held. 10 (2) The authority shall provide written notice in a manner and form 11 sufficient to inform the affected residents, tenant organizations and 12 the public at least ten days before the date of any public hearing is 13 conducted pursuant to this paragraph. 14 e. Board action. (1) As a condition for its submission to the federal 15 department of housing and urban development, the application to dispose 16 of real property shall be approved by the members of the authority 17 pursuant to a board resolution, as provided in this paragraph. 18 (2) The resolution must be dated after the date of the last resident 19 meeting and after the date of any letter of support from the appropriate 20 government officials relating to the application, and shall set forth, 21 among other things: 22 (a) the dates and a description of the consultation with residents, 23 tenant organizations and other interested parties; 24 (b) the dates and a description of any consultation with local govern- 25 ment officials; and 26 (c) letters of support from the appropriate tenant organizations and 27 public officials. 28 12-a. Project tracking system. a. The authority shall establish and 29 maintain a system to track, monitor and assess the status and progress 30 of all capital projects, and all disposition projects approved by the 31 federal department of housing and urban development and of every mainte- 32 nance or repair project performed by the department. The information 33 contained in any such system shall include, at a minimum: 34 (1) a description of the project, including its location; 35 (2) the category or type of repair, if applicable; 36 (3) the original start date; 37 (4) the actual start date, if different than the original start date; 38 (5) the original budget; 39 (6) the current budget; 40 (7) the final cost of the project; 41 (8) the current phase of the project; 42 (9) the original completion date; and 43 (10) the actual completion date, if different than the original 44 completion date. 45 b. The system shall be open and available to the authority's resi- 46 dents. The authority shall ensure that the information contained in the 47 tracking system is available on the authority's website. 48 c. The authority shall issue a report, at least annually, setting 49 forth and explaining the information contained in the tracking system, 50 including: 51 (1) the total number of requests for repairs, broken down by work 52 types or categories; 53 (2) the total number of pending or outstanding projects, broken down 54 by work types or categories; 55 (3) the total number of projects completed;
A. 5575 7 1 (4) the average number of days to complete maintenance or repair 2 projects, broken down by the different work types or categories; 3 (5) the total number of maintenance and repair projects not completed, 4 broken down by the different work types or categories; 5 (6) an estimate of the number of days required to complete all of the 6 projects, including any backlogs; 7 (7) an explanation or reasons for any delays in the completion of a 8 project in a timely manner; and 9 (8) an explanation or reasons why the costs of a project exceeded the 10 original budget, if applicable. 11 13. Reporting requirements. a. The authority shall submit to the 12 independent authorities budget office established pursuant to section 13 four of the public authorities law, the mayor and the comptroller of the 14 city of New York and the state legislature, within ninety days after the 15 end of its fiscal year, a complete and detailed report or reports to the 16 extent that such matters are not fully reported or disclosed in the 17 annual independent audit report pursuant to this subdivision setting 18 forth: (1) its financial reports, including (a) audited financials in 19 accordance with all applicable regulations and following generally 20 accepted accounting principles, (b) grant and subsidy programs, (c) 21 operating and financial risks, and (d) long-term liabilities, including 22 leases and employee benefit plans; (2) a compensation schedule that 23 shall include, by position, title and name of the person holding such 24 position or title, the salary, compensation, allowance and/or benefits 25 provided to any officer, director or employee in a decision making or 26 managerial position of such authority whose salary is in excess of one 27 hundred thousand dollars; (3) biographical information, not including 28 confidential personal information, for all directors and senior manage- 29 ment; (4) an assessment of the effectiveness of its internal control 30 structure and procedures; (5) a description of the authority and its 31 board structure, including (a) names of committees and committee 32 members, (b) lists of board meetings and attendance, (c) descriptions of 33 major authority divisions, departments and bureaus, and (d) the total 34 number of full and part-time employees; (6) its by-laws; (7) a listing 35 of material changes in operations and programs during the reporting 36 year; (8) at a minimum, a four-year financial plan, including (a) a 37 current and projected capital budget, and (b) an operating budget 38 report, including an actual versus estimated budget, with an analysis 39 and measurement of financial and operating performance; (9) a 40 description of the total amounts of assets or services or both assets 41 and services bought or sold without competitive bidding, including (a) 42 the nature of those assets or services, (b) the names of the parties to 43 the transaction, and (c) where the contract price for assets or services 44 purchased exceeds fair market value, or where the contract price for 45 assets or services sold is less than fair market value, a detailed 46 explanation of the justification for making the purchase or sale without 47 competitive bidding, and a certification by the chairperson and chief 48 financial officer of the authority that they have reviewed the terms of 49 such purchase or sale and determined that it complies with applicable 50 law and procurement guidelines; (10) a list and description of the 51 disposition projects undertaken by the authority in the past fiscal 52 year, in the current fiscal year, and in the following fiscal year; (11) 53 a list and description of all real property owned, controlled or oper- 54 ated by the authority, regardless of size or value; (12) a list and 55 description of any real property acquired by the authority for a price 56 of fifty thousand dollars or more in the current fiscal year, regardless
A. 5575 8 1 of whether the purchase was for cash, mortgage, in-kind services or any 2 other consideration; (13) a list and description of any other assets or 3 property, the value of which exceeds ten thousand dollars; (14) a list 4 and description of any service or employment contracts, the value of 5 which exceeds fifty thousand dollars, to which the authority is a party; 6 (15) the extent of participation by minority and women-owned enterprises 7 in authority contracts and services; (16) employment numbers relating to 8 the authority's resident employment program for the reporting fiscal 9 year, including but not limited to, the total number of positions avail- 10 able, broken down by the type of jobs; the number of applicants for each 11 position; the length of employment of each position; the rate of pay and 12 benefits for each position; and the number of positions that led to 13 full-time employment for participating residents; and (17) a description 14 of any material pending litigation in which the authority is involved as 15 a party during the reporting year. 16 b. (1) The authority shall make accessible to the public, via its 17 official website, the report or reports required pursuant to paragraph a 18 of this subdivision except information that is exempt from disclosure 19 pursuant to article six of the public officers law. The authority shall 20 also prepare and make accessible a summary in plain English of the prin- 21 cipal information in its operating and capital budget and conclusions to 22 be drawn from it. Any financial information required to be posted on the 23 website pursuant to the provisions of this section shall be presented in 24 a downloadable, searchable format. 25 (2) The authority shall also prepare and make available for public 26 inspection on its website: (a) information that details the sources of 27 data and the assumptions and methods of estimation used to calculate all 28 operating and capital budget projections, consistent with generally 29 accepted budgetary practices; (b) within sixty days of the release of 30 the adopted budget, monthly projections for the current fiscal year of 31 all revenue and expenses, and staffing for the authority; (c) the status 32 of capital projects by capital element, including but not limited to 33 commitments, expenditures and completions; and (d) an explanation of 34 material variances from the capital plan, such as cost overruns and 35 delays. 36 c. Every financial report submitted under this subdivision shall be 37 approved by the board and shall be certified in writing by the chief 38 executive officer and the chief financial officer of the authority that 39 based on the officer's knowledge (1) the information provided therein is 40 accurate, correct and does not contain any untrue statement of material 41 fact; (2) does not omit any material fact which, if omitted, would cause 42 the financial statements to be misleading in light of the circumstances 43 under which such statements are made; and (3) fairly presents in all 44 material respects the financial condition and results of operations of 45 the authority as of, and for, the periods presented in the financial 46 statements. 47 d. At the request of the authority, the authorities budget office may 48 determine that the reports, records, data and any other information 49 submitted by the authority pursuant to federal laws, rules or regu- 50 lations fully complies with or otherwise satisfies the reporting 51 requirements set forth in this subdivision. The authorities budget 52 office shall inform the authority of its determination and may waive 53 compliance with paragraph a of this subdivision or shall specify those 54 matters set forth in such paragraph a that the authority shall be 55 required to submit a report on. Any determination made by the authori-
A. 5575 9 1 ties budget office pursuant to this paragraph shall be final and not 2 subject to judicial review. 3 14. Annual independent audit report. a. The authority shall submit to 4 the independent authorities budget office established pursuant to the 5 public authorities law, the mayor and comptroller of the city of New 6 York, and the state legislature, together with the report described in 7 subdivision thirteen of this section, a copy of the annual independent 8 audit report, performed by a certified public accounting firm in accord- 9 ance with generally accepted auditing standards, and management letter 10 and any other external examination of the books and accounts of the 11 authority. 12 b. The certified independent public accounting firm that performs any 13 audit required by this subdivision shall timely report to the board 14 members of the authority: (1) all critical accounting policies and prac- 15 tices to be used; (2) all alternative treatments of financial informa- 16 tion within generally accepted accounting principles that have been 17 discussed with management officials of the authority, ramifications of 18 the use of such alternative disclosures and treatments, and the treat- 19 ment preferred by the certified independent public accounting firm; and 20 (3) other material written communications between the certified inde- 21 pendent public accounting firm and the management of the authority, such 22 as the management letter along with management's response or plan of 23 corrective action, material corrections identified or schedule of unad- 24 justed differences, where applicable. 25 c. Notwithstanding any other provision of law to the contrary, the 26 certified independent public accounting firm providing such authority's 27 annual independent audit will be prohibited in providing audit services 28 to the authority if the lead (or coordinating) audit partner (having 29 primary responsibility for the audit), or the audit partner responsible 30 for reviewing the audit, has performed audit services for the authority 31 in each of the five previous fiscal years. 32 d. The certified independent public accounting firm performing the 33 authority's audit shall be prohibited from performing any non-audit 34 services to such authority contemporaneously with the audit, unless 35 receiving previous written approval by the board including: (1) book- 36 keeping or other services related to the accounting records or financial 37 statements of such authority; (2) financial information systems design 38 and implementation; (3) appraisal or valuation services, fairness opin- 39 ions, or contribution-in-kind reports; (4) actuarial services; (5) 40 internal audit outsourcing services; (6) management functions or human 41 services; (7) broker or dealer, investment advisor, or investment bank- 42 ing services; and (8) expert services unrelated to the audit. 43 e. It shall be prohibited for any certified independent public 44 accounting firm to perform for the authority any audit service if the 45 chief executive officer, chief financial officer, chief accounting offi- 46 cer, or any other person serving in an equivalent position for the 47 authority, was employed by that certified independent public accounting 48 firm and participated in any capacity in the audit of the authority 49 during the one year period preceding the date of the initiation of the 50 audit. 51 f. Notwithstanding any provision of law to the contrary, the authority 52 may exempt information from disclosure or report, if the counsel of such 53 authority deems that such information is covered by article six of the 54 public officers law. 55 15. Whistleblower protection. a. For the purposes of this subdivi- 56 sion:
A. 5575 10 1 (1) "attorney general" shall mean the attorney general of the state of 2 New York. 3 (2) "employees" means those persons employed at the authority, includ- 4 ing but not limited to: full-time and part-time employees, those employ- 5 ees on probation, and temporary employees. 6 (3) "inspector general" shall mean the inspector general of the 7 authority appointed pursuant to subdivision seventeen of this section. 8 (4) "whistleblower" shall mean any employee of the authority who 9 discloses information concerning acts of wrongdoing, misconduct, malfea- 10 sance, or other inappropriate behavior by an employee or board member of 11 the authority, concerning the authority's investments, travel, acquisi- 12 tion of real or personal property, the disposition of real or personal 13 property and the procurement of goods and services. 14 b. The board of the authority shall establish written policies and 15 procedures protecting employees from retaliation for disclosing informa- 16 tion concerning acts of wrongdoing, misconduct, malfeasance or other 17 inappropriate behavior by a board member or an employee of the authori- 18 ty, including but not limited to, investments, travel, the acquisition 19 of real property, the disposition of real or personal property, and the 20 procurement of goods and services. 21 c. The inspector general, after consultation with the attorney gener- 22 al, shall develop a whistleblower access and assistance program which 23 shall include, but not be limited to: 24 (1) evaluating and commenting on whistleblower programs and policies 25 by board; 26 (2) establishing toll-free telephone and facsimile lines available to 27 employees; 28 (3) offering advice regarding employee rights under applicable state 29 and federal laws and advice and options available to all persons; and 30 (4) offering an opportunity for employees to identify concerns regard- 31 ing any issue at the authority. 32 d. Any communications between an employee and the inspector general 33 pursuant to this subdivision shall be held strictly confidential by the 34 inspector general, unless the employee specifically waives in writing 35 the right to confidentiality, except that such confidentiality shall not 36 exempt the inspector general from disclosing such information, where 37 appropriate, to any law enforcement authority. 38 e. The authority shall not fire, discharge, demote, suspend, threaten, 39 harass or discriminate against an employee because of the employee's 40 role as a whistleblower, insofar as the actions taken by the employee 41 are legal. 42 16. Lobbying contacts. a. As used in this subdivision: 43 (1) "lobbyist" shall have the same meaning as defined in the legisla- 44 tive law. 45 (2) "lobbying" shall mean and include, but not be limited to, any 46 attempt to influence: 47 (a) the adoption or rejection of any rule or regulation having the 48 force and effect of law by the authority; or 49 (b) any determination involving or relating to any contracts or agree- 50 ments in any amount of the authority, including procurement contracts. 51 (3) "contact" shall mean any conversation, in person or by telephonic 52 or other remote means, or correspondence between any lobbyist engaged in 53 the act of lobbying and any person within the authority who can make or 54 influence a decision on the subject of the lobbying on behalf of the 55 authority, and shall include, at a minimum, all members of the board and 56 all officers of the authority.
A. 5575 11 1 b. The authority shall maintain a record of all lobbying contacts made 2 with such authority. 3 c. Every board member, officer or employee of the authority who is 4 contacted by a lobbyist shall make a contemporaneous record of such 5 contact containing the day and time of the contact, the identity of the 6 lobbyist and a general summary of the substance of the contact. 7 d. The authority shall adopt a policy implementing the requirements of 8 this subdivision. Such policy shall appoint an officer to whom all such 9 records shall be delivered. Such officer shall maintain such records for 10 not less than seven years in a filing system designed to organize such 11 records in a manner so as to make such records useful to determine 12 whether the decisions of the authority were influenced by lobbying 13 contacts. 14 17. Office of inspector general. a. Establishment and organization. 15 (1) There is hereby established the office of the inspector general in 16 the authority. The head of the office shall be the inspector general who 17 shall be appointed by, and report to, the commissioner of the department 18 of investigation of the city of New York. 19 (2) The inspector general shall hold office at the discretion of the 20 commissioner and until such inspector general's successor is appointed 21 and has qualified. 22 (3) The inspector general may appoint one or more deputy inspectors 23 general to serve at such inspector general's pleasure, who shall be 24 responsible for conducting investigations in the authority. 25 b. Functions and duties. The inspector general shall have the follow- 26 ing duties and responsibilities: 27 (1) receive and investigate complaints from any source, or upon their 28 own initiative, concerning allegations of corruption, fraud, criminal 29 activity, conflicts of interest or abuse in the authority; 30 (2) inform the board and chief executive director of such allegations 31 and the progress of investigations related thereto, unless special 32 circumstances require confidentiality; 33 (3) determine with respect to such allegations whether disciplinary 34 action, civil or criminal prosecution, or further investigation by an 35 appropriate federal, state or local agency is warranted, and to assist 36 in such investigations; 37 (4) prepare and release to the public written reports of such investi- 38 gations, as appropriate and to the extent permitted by law, subject to 39 redaction to protect the confidentiality of witnesses. The release of 40 all or portions of such reports may be deferred to protect the confiden- 41 tiality of ongoing investigations; 42 (5) review and examine periodically the policies and procedures of the 43 authority with regard to the prevention and detection of corruption, 44 fraud, criminal activity, conflicts of interest or abuse; 45 (6) recommend remedial action to prevent or eliminate corruption, 46 fraud, criminal activity, conflicts of interest or abuse; and 47 (7) establish programs for training authority officers and employees 48 regarding the prevention and elimination of corruption, fraud, criminal 49 activity, conflicts of interest or abuse in covered agencies. 50 c. Powers. The inspector general shall have the power to: 51 (1) subpoena and enforce the attendance of witnesses; 52 (2) administer oaths or affirmations and examine witnesses under oath; 53 (3) require the production of any books and papers deemed relevant or 54 material to any investigation, examination or review;
A. 5575 12 1 (4) notwithstanding any law to the contrary, examine and copy or 2 remove documents or records of any kind prepared, maintained or held by 3 the authority; 4 (5) require any officer or employee of the authority to answer ques- 5 tions concerning any matter related to the performance of such employ- 6 ee's official duties. No statement or other evidence derived therefrom 7 may be used against such officer or employee in any subsequent criminal 8 prosecution other than for perjury or contempt arising from such testi- 9 mony. The refusal of any officer or employee to answer questions shall 10 be cause for removal from office or employment or other appropriate 11 penalty; 12 (6) monitor the implementation by the authority of any recommendations 13 made by the inspector general; and 14 (7) perform any other functions that are necessary or appropriate to 15 fulfill the duties and responsibilities of office. 16 d. Responsibilities of authority officers and employees. Every officer 17 or employee of the authority shall report promptly to the inspector 18 general any information concerning corruption, fraud, criminal activity, 19 conflicts of interest or abuse by another authority officer or employee 20 relating to such officer or employee's office or employment, or by a 21 person having business dealings with the authority relating to those 22 dealings. The knowing failure of any officer or employee to so report 23 shall be cause for removal from office or employment or other appropri- 24 ate penalty. Any officer or employee who acts pursuant to this subdivi- 25 sion by reporting to the inspector general improper governmental action 26 shall not be subject to dismissal, discipline or other adverse personnel 27 action. 28 18. Financial disclosure. Notwithstanding any other provisions of law 29 to the contrary, board members, officers, and employees of the authority 30 shall file annual financial disclosure statements as required by section 31 12-110 of the administrative code of the city of New York. 32 19. Compliance with building codes. Housing and other buildings or 33 structures that are owned, controlled or operated by the authority shall 34 be maintained in accordance with the building code of the city of New 35 York. Such city shall enforce the building code with respect to build- 36 ings and structures of the authority pursuant to the city charter and 37 the administrative code of the city of New York. 38 20. Tenant assistance. a. For the purposes of this subdivision: 39 (1) "CCOP" shall mean the citywide council of presidents, a body 40 established by the authority consisting of every president of a resident 41 association recognized by the authority; and 42 (2) "RAB" shall mean a resident advisory board, a board consisting of 43 authority residents, required to be established pursuant to federal 44 rules and regulations. 45 b. At the beginning of every calendar year, the authority shall inform 46 the CCOP executive board regarding, and make available to such executive 47 board, the amount of federal funds appropriated or allocated to, or 48 otherwise held by, the authority for the purposes of providing technical 49 assistance or education to the residents or resident organizations of 50 the authority. 51 c. (1) The CCOP executive board shall expend or use such funds to: (a) 52 retain or employ housing and real estate experts, such as attorneys, 53 accountants, financial advisors, real property appraisers, to provide 54 advice, counsel and other assistance to affected residents or resident 55 associations or organizations on any real property demolition or dispo-
A. 5575 13 1 sition project planned or proposed by the authority; or (b) for any 2 other expenditures authorized in applicable laws, rules and regulations. 3 (2) The CCOP executive board shall inform each RAB of the availability 4 of such experts and any other resources. At the request of a RAB, the 5 CCOP executive board shall make such experts and other resources avail- 6 able to any RAB affected by a planned or proposed disposition by the 7 authority. 8 (3) Such experts shall be paid directly from the funds appropriated, 9 allocated or held for such purpose, and shall report directly to the 10 CCOP executive board. 11 d. At the end of the calendar year, the CCOP executive board shall 12 prepare and submit a report to the authority setting forth the total 13 amount of funds that were expended during the calendar year and a 14 detailed account on how such funds were expended. 15 21. Sole source contacts. a. The authority shall notify the city 16 comptroller of the city of New York of any contracts or categories of 17 contracts, the value of which exceeds one million dollars, where the 18 contract or categories of contracts is proposed to be awarded by the 19 authority to a single source, a sole source or pursuant to any other 20 method of procurement that is not competitive. Notwithstanding any 21 provisions of law to the contrary, such contract or categories of 22 contracts are subject to the approval of such city comptroller. Such 23 notification shall identify the process for submission, the contract or 24 categories of contracts at issue and the time period for which such 25 submission is to take place. The city comptroller shall promulgate such 26 rules and regulations as may be necessary to carry out their responsi- 27 bilities under this subdivision, including but not limited to the stand- 28 ards for determining which contracts will be subject to their review and 29 for approving such contracts. 30 b. Where the city comptroller, pursuant to paragraph a of this subdi- 31 vision, has notified the authority that a contract or category of 32 contracts is subject to such comptroller's approval, if the comptroller 33 has not approved or disapproved any contract subject to such comp- 34 troller's approval within ninety days of submission to such comp- 35 troller's office, such contract shall become valid and enforceable with- 36 out such approval. 37 c. This subdivision shall not apply to contracts entered into for the 38 procurement of goods, services or both goods and services made to meet 39 emergencies arising from unforeseen causes or to effect repairs to crit- 40 ical infrastructure that are necessary to avoid a delay in the delivery 41 of critical services that could compromise tenant or public safety or 42 welfare. 43 § 3. Section 1678 of the public authorities law is amended by adding a 44 new subdivision 33 to read as follows: 45 33. To enter into a construction management agreement with the New 46 York city housing authority, pursuant to which one or more buildings, 47 facilities or structures owned, controlled or operated by the New York 48 city housing authority located in the city of New York are to be 49 constructed, reconstructed, rehabilitated, improved, modernized, reno- 50 vated or expanded for such authority. 51 § 4. Severability. If any clause, sentence, paragraph, section or part 52 of this act shall be adjudged by any court of competent jurisdiction to 53 be invalid, the judgment shall not affect, impair, or invalidate the 54 remainder thereof, but shall be confined in its operation to the clause, 55 sentence, paragraph, section or part thereof directly involved in the 56 controversy in which the judgment shall have been rendered.
A. 5575 14 1 § 5. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized to be made and completed 5 on or before such date.