S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2677

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public housing 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:

  Section  1.  The  opening paragraph of subdivision 4 of section 402 of
the public housing law is designated paragraph a  and  three  new  para-
graphs b, c and d are added to read as follows:
  B. THE CHAIRMAN AND THE OTHER MEMBERS OF THE AUTHORITY, OTHER THAN THE
ADDITIONAL  TENANT  MEMBER,  SHALL:  (1) EXECUTE DIRECT OVERSIGHT OF THE
AUTHORITY'S CHIEF EXECUTIVE OFFICER AND OTHER MANAGEMENT IN  THE  EFFEC-
TIVE AND ETHICAL MANAGEMENT OF THE AUTHORITY; (2) UNDERSTAND, REVIEW AND
MONITOR  THE  IMPLEMENTATION  OF  FUNDAMENTAL  FINANCIAL  AND MANAGEMENT
CONTROLS AND OPERATIONAL DECISIONS OF THE AUTHORITY; (3) ESTABLISH WRIT-
TEN POLICIES AND PROCEDURES ON PERSONNEL INCLUDING  POLICIES  PROTECTING
EMPLOYEES FROM RETALIATION FOR DISCLOSING INFORMATION CONCERNING ACTS OF
WRONGDOING,  MISCONDUCT, MALFEASANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY
AN EMPLOYEE OR BOARD MEMBER OF THE AUTHORITY, INVESTMENTS,  TRAVEL,  THE
ACQUISITION  OF  REAL  PROPERTY AND THE DISPOSITION OF REAL AND PERSONAL
PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES; (4) PERFORM EACH  OF
THEIR  DUTIES  AS  BOARD  MEMBERS,  INCLUDING  BUT  NOT LIMITED TO THOSE
IMPOSED BY THIS SECTION, IN GOOD FAITH AND WITH  THAT  DEGREE  OF  DILI-
GENCE,  CARE  AND SKILL WHICH AN ORDINARILY PRUDENT PERSON IN LIKE POSI-
TION WOULD USE UNDER SIMILAR CIRCUMSTANCES, AND MAY TAKE INTO  CONSIDER-
ATION  THE  VIEWS AND POLICIES OF ANY ELECTED OFFICIAL OR BODY, OR OTHER
PERSON AND ULTIMATELY APPLY INDEPENDENT JUDGMENT IN THE BEST INTEREST OF
THE AUTHORITY, ITS MISSION AND THE PUBLIC; (5) AT  THE  TIME  THAT  EACH
MEMBER  TAKES  AND SUBSCRIBES HIS OR HER OATH OF OFFICE, OR WITHIN SIXTY
DAYS AFTER THE EFFECTIVE DATE  OF  THIS  PARAGRAPH  IF  THE  MEMBER  HAS
ALREADY  TAKEN  AND  SUBSCRIBED  HIS  OR  HER OATH OF OFFICE, EXECUTE AN
ACKNOWLEDGMENT, IN A FORM CONSISTENT WITH THE ONE PRESCRIBED BY THE  NEW
YORK INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED PURSUANT TO TITLE
TWO  OF  ARTICLE  ONE  OF  THE PUBLIC AUTHORITIES LAW IN WHICH THE BOARD

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-02-3

A. 2677                             2

MEMBER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS  HIS  OR  HER  ROLE,  AND
FIDUCIARY  RESPONSIBILITIES  AS  SET  FORTH IN SUBPARAGRAPH FOUR OF THIS
PARAGRAPH, AND ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS HIS OR  HER  DUTY
OF  LOYALTY  AND CARE TO THE ORGANIZATION AND COMMITMENT TO THE AUTHORI-
TY'S MISSION AND THE PUBLIC INTEREST.
  C. ALL BOARD MEMBERS, INCLUDING THE TENANT MEMBER,  SHALL  PARTICIPATE
IN TRAINING APPROVED BY THE INSPECTOR GENERAL OF THE AUTHORITY REGARDING
THEIR LEGAL, FIDUCIARY, FINANCIAL AND ETHICAL RESPONSIBILITIES AS DIREC-
TORS  OF  AN  AUTHORITY WITHIN ONE YEAR OF APPOINTMENT TO A BOARD. BOARD
MEMBERS SHALL PARTICIPATE IN SUCH CONTINUING TRAINING AS MAY BE REQUIRED
TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY AND  STATUTORY  CHANGES
RELATING  TO  THE  EFFECTIVE  OVERSIGHT  OF THE MANAGEMENT AND FINANCIAL
ACTIVITIES OF PUBLIC AUTHORITIES AND TO ADHERE TO THE HIGHEST  STANDARDS
OF RESPONSIBLE GOVERNANCE.
  D.  NOTWITHSTANDING  ANY  LAWS  TO  THE CONTRARY, THE BOARD SHALL NOT,
DIRECTLY OR INDIRECTLY, EXTEND  OR  MAINTAIN  CREDIT,  ARRANGE  FOR  THE
EXTENSION  OF  CREDIT, OR RENEW AN EXTENSION OF CREDIT, IN THE FORM OF A
PERSONAL LOAN TO OR FOR ANY OFFICER, BOARD MEMBER  OR  EMPLOYEE  OF  THE
AUTHORITY.
  S  2. Section 402 of the public housing law is amended by adding eight
new subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 to read as follows:
  10. A. DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
  (1) "CITY COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY  OF  NEW
YORK.
  (2)  "CONTRACTING  OFFICER"  SHALL MEAN THE OFFICER OR EMPLOYEE OF THE
AUTHORITY WHO SHALL BE APPOINTED BY  RESOLUTION  OF  THE  BOARD  OF  THE
AUTHORITY TO BE RESPONSIBLE FOR THE DISPOSITION OF PROPERTY.
  (3)  "DISPOSE" OR "DISPOSAL" SHALL MEAN TRANSFER OF TITLE OR ANY OTHER
BENEFICIAL INTEREST IN PERSONAL OR  REAL  PROPERTY  IN  ACCORDANCE  WITH
PARAGRAPH C OF THIS SUBDIVISION.
  (4) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
  (5) "PROPERTY" SHALL MEAN PERSONAL PROPERTY IN EXCESS OF FIVE THOUSAND
DOLLARS  IN  VALUE, REAL PROPERTY, AND ANY INCHOATE OR OTHER INTEREST IN
SUCH PROPERTY, TO THE EXTENT THAT  SUCH  INTEREST  MAY  BE  CONVEYED  TO
ANOTHER PERSON FOR ANY PURPOSE, EXCLUDING AN INTEREST SECURING A LOAN OR
OTHER FINANCIAL OBLIGATION OF ANOTHER PARTY.
  B.  DUTIES  OF THE AUTHORITY WITH RESPECT TO THE DISPOSAL OF PROPERTY.
(1) THE AUTHORITY SHALL ADOPT  BY  RESOLUTION  COMPREHENSIVE  GUIDELINES
WHICH SHALL (A) DETAIL THE AUTHORITY'S OPERATIVE POLICY AND INSTRUCTIONS
REGARDING  THE  USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR
THE DISPOSAL OF PROPERTY, AND (B) DESIGNATE A  CONTRACTING  OFFICER  WHO
SHALL  BE  RESPONSIBLE FOR THE AUTHORITY'S COMPLIANCE WITH, AND ENFORCE-
MENT OF, SUCH GUIDELINES.  SUCH GUIDELINES SHALL BE CONSISTENT WITH, AND
SHALL REQUIRE THE AUTHORITY'S CONTRACTING ACTIVITIES TO COMPLY WITH THIS
SUBDIVISION, THE AUTHORITY'S ENABLING LEGISLATION AND ANY OTHER APPLICA-
BLE LAW FOR THE DISPOSAL OF PROPERTY, EXCEPT THAT SUCH GUIDELINES MAY BE
STRICTER THAN THE PROVISIONS OF THIS SUBDIVISION, THE AUTHORITY'S ENABL-
ING LEGISLATION AND ANY OTHER APPLICABLE LAW FOR THE DISPOSAL OF PROPER-
TY IF THE AUTHORITY DETERMINES THAT ADDITIONAL SAFEGUARDS ARE  NECESSARY
TO  ASSURE  THE  INTEGRITY  OF  ITS  DISPOSITION  ACTIVITIES. GUIDELINES
APPROVED BY THE AUTHORITY SHALL BE ANNUALLY REVIEWED AND APPROVED BY THE
BOARD OF THE AUTHORITY. ON OR BEFORE THE THIRTY-FIRST DAY  OF  MARCH  IN
EACH  YEAR, THE AUTHORITY SHALL FILE WITH THE CITY COMPTROLLER A COPY OF
THE GUIDELINES MOST RECENTLY REVIEWED AND  APPROVED  BY  THE  AUTHORITY,
INCLUDING THE NAME OF THE AUTHORITY'S DESIGNATED CONTRACTING OFFICER. AT
THE  TIME  OF  FILING  SUCH  GUIDELINES  WITH  THE CITY COMPTROLLER, THE

A. 2677                             3

AUTHORITY SHALL ALSO POST SUCH GUIDELINES ON  THE  AUTHORITY'S  INTERNET
WEBSITE.  GUIDELINES POSTED ON THE AUTHORITY'S INTERNET WEBSITE SHALL BE
MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE PROCUREMENT GUIDELINES FOR
THE FOLLOWING YEAR ARE POSTED ON SUCH WEBSITE.
  (2) THE AUTHORITY SHALL:
  (A)  MAINTAIN  ADEQUATE  INVENTORY CONTROLS AND ACCOUNTABILITY SYSTEMS
FOR ALL PROPERTY UNDER ITS CONTROL;
  (B) PERIODICALLY INVENTORY SUCH PROPERTY TO DETERMINE  WHICH  PROPERTY
SHALL BE DISPOSED OF;
  (C)  PRODUCE  A  WRITTEN  REPORT  OF  SUCH PROPERTY IN ACCORDANCE WITH
SUBPARAGRAPH THREE OF THIS PARAGRAPH;
  (D) TRANSFER OR DISPOSE OF SUCH PROPERTY AS PROMPTLY  AS  POSSIBLE  IN
ACCORDANCE WITH PARAGRAPH C OF THIS SUBDIVISION.
  (3)  (A) THE AUTHORITY SHALL PUBLISH, NOT LESS FREQUENTLY THAN ANNUAL-
LY, A REPORT LISTING ALL REAL PROPERTY OF  THE  AUTHORITY.  SUCH  REPORT
SHALL INCLUDE A LIST AND FULL DESCRIPTION OF ALL REAL AND PERSONAL PROP-
ERTY  DISPOSED OF DURING SUCH PERIOD. THE REPORT SHALL CONTAIN THE PRICE
RECEIVED BY THE AUTHORITY AND THE NAME OF THE  PURCHASER  FOR  ALL  SUCH
PROPERTY SOLD BY THE AUTHORITY DURING SUCH PERIOD.
  (B) THE AUTHORITY SHALL DELIVER COPIES OF SUCH REPORT TO THE INDEPEND-
ENT  AUTHORITIES  BUDGET  OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF
THE PUBLIC AUTHORITIES LAW, THE MAYOR, THE  CITY  COMPTROLLER,  AND  THE
STATE LEGISLATURE.
  C.  DISPOSAL  OF  AUTHORITY  PROPERTY.  (1) SUPERVISION AND DIRECTION.
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, THE CONTRACTING  OFFI-
CER  DESIGNATED  BY  THE  AUTHORITY SHALL HAVE SUPERVISION AND DIRECTION
OVER THE DISPOSITION OF PROPERTY OF THE AUTHORITY.
  (2) THE CUSTODY AND CONTROL OF THE PROPERTY OF THE AUTHORITY,  PENDING
ITS  DISPOSITION,  AND THE DISPOSAL OF SUCH PROPERTY, SHALL BE PERFORMED
BY THE AUTHORITY.
  (3) SUBJECT TO SUBPARAGRAPH SIX OF THIS PARAGRAPH, THE  AUTHORITY  MAY
DISPOSE  OF  PROPERTY  FOR  NOT  LESS THAN THE FAIR MARKET VALUE OF SUCH
PROPERTY BY SALE, EXCHANGE, OR TRANSFER,  FOR  CASH,  CREDIT,  OR  OTHER
PROPERTY, WITH OR WITHOUT WARRANTY, AND UPON SUCH OTHER TERMS AND CONDI-
TIONS  AS  THE CONTRACTING OFFICER DEEMS PROPER, AND IT MAY EXECUTE SUCH
DOCUMENTS FOR THE TRANSFER OF TITLE OR OTHER INTEREST  IN  PROPERTY  AND
TAKE  SUCH  OTHER  ACTION  AS IT DEEMS NECESSARY OR PROPER TO DISPOSE OF
SUCH PROPERTY UNDER THE PROVISIONS OF THIS SUBDIVISION PROVIDED,  HOWEV-
ER,  THAT NO DISPOSITION OF REAL PROPERTY, OR ANY INTEREST IN REAL PROP-
ERTY, SHALL BE MADE UNLESS AN APPRAISAL OF THE VALUE  OF  SUCH  PROPERTY
HAS  BEEN MADE BY AN INDEPENDENT APPRAISER AND INCLUDED IN THE RECORD OF
THE TRANSACTION, AND, PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER
PROPERTY, WHICH BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES
OF THE PROPOSED TRANSACTION IS NOT READILY VALUED  BY  REFERENCE  TO  AN
ACTIVE  MARKET  FOR  SIMILAR  PROPERTY,  SHALL BE MADE WITHOUT A SIMILAR
APPRAISAL.
  (4) A DEED, BILL OF SALE, LEASE, OR OTHER INSTRUMENT EXECUTED BY OR ON
BEHALF OF THE AUTHORITY, PURPORTING  TO  TRANSFER  TITLE  OR  ANY  OTHER
INTEREST  IN  PROPERTY  OF THE AUTHORITY UNDER THIS SUBDIVISION SHALL BE
CONCLUSIVE EVIDENCE OF COMPLIANCE WITH THE PROVISIONS OF  THIS  SUBDIVI-
SION  INSOFAR AS CONCERNS TITLE OR OTHER INTEREST OF ANY BONA FIDE GRAN-
TEE OR TRANSFEREE WHO HAS GIVEN VALUABLE CONSIDERATION FOR SUCH TITLE OR
OTHER INTEREST AND HAS NOT RECEIVED ACTUAL  OR  CONSTRUCTIVE  NOTICE  OF
LACK OF SUCH COMPLIANCE PRIOR TO THE CLOSING.
  (5)  (A)  ALL  DISPOSALS  OR CONTRACTS FOR DISPOSAL OF PROPERTY OF THE
AUTHORITY MADE OR AUTHORIZED BY THE CONTRACTING OFFICER  SHALL  BE  MADE

A. 2677                             4

AFTER  PUBLICLY ADVERTISING FOR BIDS EXCEPT AS PROVIDED IN CLAUSE (C) OF
THIS SUBPARAGRAPH.
  (B)  WHENEVER PUBLIC ADVERTISING FOR BIDS IS REQUIRED UNDER CLAUSE (A)
OF THIS SUBPARAGRAPH:
  (I) THE ADVERTISEMENT FOR BIDS SHALL BE MADE AT SUCH TIME PRIOR TO THE
DISPOSAL OR CONTRACT, THROUGH SUCH METHODS, AND ON SUCH TERMS AND CONDI-
TIONS AS SHALL PERMIT FULL AND  FREE  COMPETITION  CONSISTENT  WITH  THE
VALUE AND NATURE OF THE PROPERTY;
  (II) ALL BIDS SHALL BE PUBLICLY DISCLOSED AT THE TIME AND PLACE STATED
IN THE ADVERTISEMENT; AND
  (III)  THE AWARD SHALL BE MADE WITH REASONABLE PROMPTNESS BY NOTICE TO
THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS,
WILL BE MOST ADVANTAGEOUS TO THE  AUTHORITY,  PRICE  AND  OTHER  FACTORS
CONSIDERED;  PROVIDED,  THAT  ALL BIDS MAY BE REJECTED WHEN IT IS IN THE
PUBLIC INTEREST TO DO SO.
  (C) DISPOSALS AND CONTRACTS FOR DISPOSAL OF PROPERTY MAY BE NEGOTIATED
OR MADE BY PUBLIC AUCTION WITHOUT REGARD TO CLAUSES (A) AND (B) OF  THIS
SUBPARAGRAPH  BUT  SUBJECT  TO OBTAINING SUCH COMPETITION AS IS FEASIBLE
UNDER THE CIRCUMSTANCES, IF:
  (I) THE PERSONAL PROPERTY INVOLVED HAS  QUALITIES  SEPARATE  FROM  THE
UTILITARIAN PURPOSE OF SUCH PROPERTY, SUCH AS ARTISTIC QUALITY, ANTIQUI-
TY, HISTORICAL SIGNIFICANCE, RARITY, OR OTHER QUALITY OF SIMILAR EFFECT,
THAT WOULD TEND TO INCREASE ITS VALUE, OR IF THE PERSONAL PROPERTY IS TO
BE  SOLD IN SUCH QUANTITY THAT, IF IT WERE DISPOSED OF UNDER CLAUSES (A)
AND (B) OF THIS SUBPARAGRAPH, WOULD ADVERSELY AFFECT THE STATE OR  LOCAL
MARKET  FOR  SUCH  PROPERTY, AND THE ESTIMATED FAIR MARKET VALUE OF SUCH
PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL  CAN  BE  OBTAINED  BY
NEGOTIATION;
  (II)  THE  FAIR  MARKET  VALUE OF THE PROPERTY DOES NOT EXCEED FIFTEEN
THOUSAND DOLLARS;
  (III) BID PRICES AFTER ADVERTISING THEREFOR ARE NOT REASONABLE, EITHER
AS TO ALL OR SOME PART OF THE PROPERTY, OR HAVE NOT  BEEN  INDEPENDENTLY
ARRIVED AT IN OPEN COMPETITION;
  (IV)  THE  DISPOSAL WILL BE TO THE STATE OR ANY POLITICAL SUBDIVISION,
AND THE ESTIMATED FAIR MARKET VALUE OF THE PROPERTY AND OTHER  SATISFAC-
TORY TERMS OF DISPOSAL ARE OBTAINED BY NEGOTIATION;
  (V)  UNDER  THOSE  CIRCUMSTANCES PERMITTED BY SUBPARAGRAPH SIX OF THIS
PARAGRAPH; OR
  (VI) SUCH ACTION IS OTHERWISE AUTHORIZED BY LAW.
  (D) (I) AN EXPLANATORY STATEMENT SHALL  BE  PREPARED  OF  THE  CIRCUM-
STANCES OF EACH DISPOSAL BY NEGOTIATION OF:
  (A)  ANY PERSONAL PROPERTY WHICH HAS AN ESTIMATED FAIR MARKET VALUE IN
EXCESS OF FIFTEEN THOUSAND DOLLARS;
  (B) ANY REAL PROPERTY THAT HAS  AN  ESTIMATED  FAIR  MARKET  VALUE  IN
EXCESS  OF  ONE  HUNDRED THOUSAND DOLLARS, EXCEPT THAT ANY REAL PROPERTY
DISPOSED OF BY LEASE OR EXCHANGE SHALL ONLY BE SUBJECT TO ITEMS (C)  AND
(D) OF THIS SUBCLAUSE;
  (C)  ANY  REAL  PROPERTY DISPOSED OF BY LEASE, IF THE ESTIMATED ANNUAL
RENT OVER THE TERM OF  THE  LEASE  IS  IN  EXCESS  OF  FIFTEEN  THOUSAND
DOLLARS;
  (D)  ANY  REAL PROPERTY OR REAL AND RELATED PERSONAL PROPERTY DISPOSED
OF BY EXCHANGE, REGARDLESS OF VALUE, OR ANY PROPERTY  ANY  PART  OF  THE
CONSIDERATION FOR WHICH IS REAL PROPERTY.
  (II)  EACH SUCH STATEMENT SHALL BE TRANSMITTED TO THE PERSONS ENTITLED
TO RECEIVE COPIES OF THE REPORT  REQUIRED  UNDER  PARAGRAPH  B  OF  THIS

A. 2677                             5

SUBDIVISION NOT LESS THAN NINETY DAYS IN ADVANCE OF SUCH DISPOSAL, AND A
COPY THEREOF SHALL BE PRESERVED IN THE FILES OF THE AUTHORITY.
  (6)  (A)  NO  ASSET  OWNED,  LEASED OR OTHERWISE IN THE CONTROL OF THE
AUTHORITY MAY BE SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN  ITS
FAIR MARKET VALUE EXCEPT IF:
  (I)  THE  TRANSFEREE  IS  A GOVERNMENT OR OTHER PUBLIC ENTITY, AND THE
TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND  USE
OF THE ASSET WILL REMAIN WITH THE GOVERNMENT OR ANY OTHER PUBLIC ENTITY;
  (II)  THE  PURPOSE  OF  THE TRANSFER IS WITHIN THE PURPOSE, MISSION OR
GOVERNING STATUTE OF THE AUTHORITY; OR
  (III) IN THE EVENT THE AUTHORITY SEEKS TO TRANSFER AN ASSET  FOR  LESS
THAN  ITS  FAIR  MARKET VALUE TO OTHER THAN A GOVERNMENTAL ENTITY, WHICH
DISPOSAL WOULD NOT BE CONSISTENT WITH THE AUTHORITY'S  MISSION,  PURPOSE
OR GOVERNING STATUTES, SUCH AUTHORITY SHALL PROVIDE WRITTEN NOTIFICATION
THEREOF  TO THE MAYOR AND THE CITY COMPTROLLER, AND SUCH PROPOSED TRANS-
FER SHALL BE SUBJECT TO DENIAL BY THE CITY COMPTROLLER.  DENIAL  BY  THE
CITY  COMPTROLLER  SHALL  TAKE THE FORM OF A SIGNED CERTIFICATION BY THE
CITY COMPTROLLER. THE CITY COMPTROLLER SHALL TAKE ANY SUCH ACTION WITHIN
SIXTY DAYS OF RECEIVING NOTIFICATION OF SUCH PROPOSED  TRANSFER.  IF  NO
SUCH  CERTIFICATION  IS PERFORMED WITHIN SIXTY DAYS OF SUCH NOTIFICATION
OF THE PROPOSED TRANSFER, THE AUTHORITY MAY EFFECTUATE SUCH TRANSFER.
  (B) IN THE EVENT A BELOW FAIR MARKET VALUE ASSET TRANSFER IS PROPOSED,
THE FOLLOWING INFORMATION MUST BE PROVIDED TO THE BOARD, THE CITY  COMP-
TROLLER AND THE PUBLIC:
  (I) A FULL DESCRIPTION OF THE ASSET;
  (II)  AN APPRAISAL OF THE FAIR MARKET VALUE OF THE ASSET AND ANY OTHER
INFORMATION ESTABLISHING THE FAIR MARKET VALUE SOUGHT BY THE BOARD;
  (III) A DESCRIPTION OF THE PURPOSE OF THE TRANSFER, AND  A  REASONABLE
STATEMENT  OF THE KIND AND AMOUNT OF THE BENEFIT TO THE PUBLIC RESULTING
FROM THE TRANSFER, INCLUDING  BUT  NOT  LIMITED  TO  THE  KIND,  NUMBER,
LOCATION,  WAGES OR SALARIES OF JOBS CREATED OR PRESERVED AS REQUIRED BY
THE TRANSFER, THE BENEFITS, IF ANY, TO  THE  COMMUNITIES  IN  WHICH  THE
ASSET IS SITUATED AS ARE REQUIRED BY THE TRANSFER;
  (IV)  A  STATEMENT  OF  THE  VALUE TO BE RECEIVED COMPARED TO THE FAIR
MARKET VALUE;
  (V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING  IN  THE  TRANSFER,
AND  IF  DIFFERENT THAN THE STATEMENT REQUIRED BY SUBCLAUSE (IV) OF THIS
CLAUSE, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY; AND
  (VI) THE NAMES OF OTHER PRIVATE PARTIES WHO HAVE  MADE  AN  OFFER  FOR
SUCH  ASSET,  THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE ASSET WAS
SOUGHT TO BE USED.
  (C) BEFORE APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS  THAN  FAIR
MARKET  VALUE,  THE  BOARD  SHALL  CONSIDER THE INFORMATION DESCRIBED IN
CLAUSE (B) OF THIS SUBPARAGRAPH AND MAKE A  WRITTEN  DETERMINATION  THAT
THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED BELOW-MARKET TRANSFER
THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH TRANSFER.
  11. A. THE AUTHORITY SHALL SUBMIT TO THE INDEPENDENT AUTHORITIES BUDG-
ET OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF THE PUBLIC AUTHORITIES
LAW,  THE  MAYOR  AND  COMPTROLLER OF THE CITY OF NEW YORK AND THE STATE
LEGISLATURE, WITHIN NINETY DAYS AFTER THE END  OF  ITS  FISCAL  YEAR,  A
COMPLETE  AND  DETAILED  REPORT  OR REPORTS SETTING FORTH: (1) ITS OPER-
ATIONS AND ACCOMPLISHMENTS; (2) ITS  FINANCIAL  REPORTS,  INCLUDING  (A)
AUDITED  FINANCIALS  IN  ACCORDANCE  WITH ALL APPLICABLE REGULATIONS AND
FOLLOWING GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, (B) GRANT AND SUBSI-
DY PROGRAMS, (C)  OPERATING  AND  FINANCIAL  RISKS,  AND  (D)  LONG-TERM
LIABILITIES,  INCLUDING LEASES AND EMPLOYEE BENEFIT PLANS; (3) A COMPEN-

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SATION SCHEDULE THAT SHALL INCLUDE, BY POSITION, TITLE AND NAME  OF  THE
PERSON  HOLDING SUCH POSITION OR TITLE, THE SALARY, COMPENSATION, ALLOW-
ANCE AND/OR BENEFITS PROVIDED TO ANY OFFICER, DIRECTOR OR EMPLOYEE IN  A
DECISION MAKING OR MANAGERIAL POSITION OF SUCH AUTHORITY WHOSE SALARY IS
IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS; (4) BIOGRAPHICAL INFORMATION,
NOT  INCLUDING  CONFIDENTIAL PERSONAL INFORMATION, FOR ALL DIRECTORS AND
OFFICERS AND EMPLOYEES FOR WHOM SALARY REPORTING IS  REQUIRED;  (5)  THE
PROJECTS UNDERTAKEN BY SUCH AUTHORITY DURING THE PAST YEAR; (6) IN ADDI-
TION  TO  THE  REPORT REQUIRED BY PARAGRAPH B OF SUBDIVISION TEN OF THIS
SECTION, A LIST AND DESCRIPTION OF ALL REAL PROPERTY  OF  THE  AUTHORITY
HAVING  AN  ESTIMATED  FAIR  MARKET  VALUE IN EXCESS OF FIFTEEN THOUSAND
DOLLARS THAT THE AUTHORITY ACQUIRED DURING SUCH PERIOD. THE REPORT SHALL
CONTAIN THE PRICE PAID BY THE AUTHORITY AND THE NAME OF THE  SELLER  FOR
ALL  SUCH  PROPERTY  BOUGHT  BY THE AUTHORITY DURING SUCH PERIOD; (7) AN
ASSESSMENT OF THE EFFECTIVENESS OF ITS INTERNAL  CONTROL  STRUCTURE  AND
PROCEDURES;  (8) A DESCRIPTION OF THE AUTHORITY AND ITS BOARD STRUCTURE,
INCLUDING (A) NAMES OF COMMITTEES AND COMMITTEE MEMBERS,  (B)  LISTS  OF
BOARD MEETINGS AND ATTENDANCE, (C) DESCRIPTIONS OF MAJOR AUTHORITY DIVI-
SIONS,  DEPARTMENTS  AND  BUREAUS,  AND (D) THE TOTAL NUMBER OF FULL AND
PART-TIME EMPLOYEES; (9) ITS BY-LAWS; (10) A LISTING OF MATERIAL CHANGES
IN OPERATIONS AND PROGRAMS DURING THE REPORTING YEAR; (11) AT A MINIMUM,
A FOUR-YEAR FINANCIAL PLAN, INCLUDING (A) A CURRENT AND PROJECTED  CAPI-
TAL  BUDGET,  AND  (B)  AN  OPERATING BUDGET REPORT, INCLUDING AN ACTUAL
VERSUS ESTIMATED BUDGET, WITH AN ANALYSIS AND MEASUREMENT  OF  FINANCIAL
AND  OPERATING  PERFORMANCE;  (12) A DESCRIPTION OF THE TOTAL AMOUNTS OF
ASSETS OR SERVICES OR BOTH ASSETS AND SERVICES BOUGHT  OR  SOLD  WITHOUT
COMPETITIVE  BIDDING,  INCLUDING  (A)  THE  NATURE  OF  THOSE  ASSETS OR
SERVICES, (B) THE NAMES OF THE PARTIES TO THE TRANSACTION, AND (C) WHERE
THE CONTRACT PRICE FOR ASSETS OR SERVICES PURCHASED EXCEEDS FAIR  MARKET
VALUE,  OR  WHERE THE CONTRACT PRICE FOR ASSETS OR SERVICES SOLD IS LESS
THAN FAIR MARKET VALUE, A DETAILED EXPLANATION OF THE JUSTIFICATION  FOR
MAKING  THE  PURCHASE OR SALE WITHOUT COMPETITIVE BIDDING, AND A CERTIF-
ICATION BY THE CHIEF EXECUTIVE OFFICER AND CHIEF  FINANCIAL  OFFICER  OF
THE AUTHORITY THAT THEY HAVE REVIEWED THE TERMS OF SUCH PURCHASE OR SALE
AND  DETERMINED  THAT  IT  COMPLIES  WITH APPLICABLE LAW AND PROCUREMENT
GUIDELINES; AND (13) A DESCRIPTION OF ANY MATERIAL PENDING LITIGATION IN
WHICH THE AUTHORITY IS INVOLVED AS A PARTY DURING THE REPORTING YEAR.
  B. THE AUTHORITY SHALL MAKE ACCESSIBLE TO THE PUBLIC, VIA ITS OFFICIAL
WEB SITE, THE ANNUAL REPORT, INCLUDING DOCUMENTATION PERTAINING  TO  ITS
MISSION,  CURRENT  ACTIVITIES,  MOST  RECENT  ANNUAL  FINANCIAL REPORTS,
CURRENT YEAR BUDGET AND ITS MOST RECENT INDEPENDENT AUDIT REPORT  UNLESS
SUCH  INFORMATION  IS  EXEMPT FROM DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
  C. EVERY FINANCIAL REPORT SUBMITTED UNDER THIS  SUBDIVISION  SHALL  BE
APPROVED  BY  THE  BOARD  AND SHALL BE CERTIFIED IN WRITING BY THE CHIEF
EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER OF THE AUTHORITY  THAT
BASED ON THE OFFICER'S KNOWLEDGE (1) THE INFORMATION PROVIDED THEREIN IS
ACCURATE,  CORRECT AND DOES NOT CONTAIN ANY UNTRUE STATEMENT OF MATERIAL
FACT; (2) DOES NOT OMIT ANY MATERIAL FACT WHICH, IF OMITTED, WOULD CAUSE
THE FINANCIAL STATEMENTS TO BE MISLEADING IN LIGHT OF THE  CIRCUMSTANCES
UNDER  WHICH  SUCH  STATEMENTS  ARE MADE; AND (3) FAIRLY PRESENTS IN ALL
MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS  OF
THE  AUTHORITY  AS  OF,  AND FOR, THE PERIODS PRESENTED IN THE FINANCIAL
STATEMENTS.
  12. A. THE AUTHORITY SHALL SUBMIT TO THE INDEPENDENT AUTHORITIES BUDG-
ET OFFICE ESTABLISHED PURSUANT TO THE PUBLIC AUTHORITIES LAW, THE  MAYOR

A. 2677                             7

AND  COMPTROLLER  OF  THE  CITY  OF NEW YORK, AND THE STATE LEGISLATURE,
TOGETHER WITH  THE  REPORT  DESCRIBED  IN  SUBDIVISION  ELEVEN  OF  THIS
SECTION,  A  COPY OF THE ANNUAL INDEPENDENT AUDIT REPORT, PERFORMED BY A
CERTIFIED  PUBLIC  ACCOUNTING FIRM IN ACCORDANCE WITH GENERALLY ACCEPTED
AUDITING STANDARDS, AND MANAGEMENT LETTER AND ANY OTHER  EXTERNAL  EXAM-
INATION OF THE BOOKS AND ACCOUNTS OF THE AUTHORITY.
  B.  THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM THAT PERFORMS ANY
AUDIT REQUIRED BY THIS SUBDIVISION SHALL  TIMELY  REPORT  TO  THE  BOARD
MEMBERS OF THE AUTHORITY: (1) ALL CRITICAL ACCOUNTING POLICIES AND PRAC-
TICES  TO  BE USED; (2) ALL ALTERNATIVE TREATMENTS OF FINANCIAL INFORMA-
TION WITHIN GENERALLY ACCEPTED  ACCOUNTING  PRINCIPLES  THAT  HAVE  BEEN
DISCUSSED  WITH  MANAGEMENT OFFICIALS OF THE AUTHORITY, RAMIFICATIONS OF
THE USE OF SUCH ALTERNATIVE DISCLOSURES AND TREATMENTS, AND  THE  TREAT-
MENT  PREFERRED BY THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM; AND
(3) OTHER MATERIAL WRITTEN COMMUNICATIONS BETWEEN  THE  CERTIFIED  INDE-
PENDENT PUBLIC ACCOUNTING FIRM AND THE MANAGEMENT OF THE AUTHORITY, SUCH
AS  THE  MANAGEMENT  LETTER  ALONG WITH MANAGEMENT'S RESPONSE OR PLAN OF
CORRECTIVE ACTION, MATERIAL CORRECTIONS IDENTIFIED OR SCHEDULE OF  UNAD-
JUSTED DIFFERENCES, WHERE APPLICABLE.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING SUCH  AUTHORITY'S
ANNUAL  INDEPENDENT AUDIT WILL BE PROHIBITED IN PROVIDING AUDIT SERVICES
TO THE AUTHORITY IF THE LEAD (OR  COORDINATING)  AUDIT  PARTNER  (HAVING
PRIMARY  RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT PARTNER RESPONSIBLE
FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT SERVICES FOR THE  AUTHORITY
IN EACH OF THE FIVE PREVIOUS FISCAL YEARS.
  D.  THE  CERTIFIED  INDEPENDENT  PUBLIC ACCOUNTING FIRM PERFORMING THE
AUTHORITY'S AUDIT SHALL BE  PROHIBITED  FROM  PERFORMING  ANY  NON-AUDIT
SERVICES  TO  SUCH  AUTHORITY  CONTEMPORANEOUSLY  WITH THE AUDIT, UNLESS
RECEIVING PREVIOUS WRITTEN APPROVAL BY THE BOARD  INCLUDING:  (1)  BOOK-
KEEPING OR OTHER SERVICES RELATED TO THE ACCOUNTING RECORDS OR FINANCIAL
STATEMENTS  OF  SUCH AUTHORITY; (2) FINANCIAL INFORMATION SYSTEMS DESIGN
AND IMPLEMENTATION; (3) APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPIN-
IONS,  OR  CONTRIBUTION-IN-KIND  REPORTS;  (4)  ACTUARIAL  SERVICES; (5)
INTERNAL AUDIT OUTSOURCING SERVICES; (6) MANAGEMENT FUNCTIONS  OR  HUMAN
SERVICES;  (7) BROKER OR DEALER, INVESTMENT ADVISOR, OR INVESTMENT BANK-
ING SERVICES; AND (8) EXPERT SERVICES UNRELATED TO THE AUDIT.
  E. IT  SHALL  BE  PROHIBITED  FOR  ANY  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING OFFI-
CER, OR ANY OTHER PERSON SERVING  IN  AN  EQUIVALENT  POSITION  FOR  THE
AUTHORITY,  WAS EMPLOYED BY THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING
FIRM AND PARTICIPATED IN ANY CAPACITY IN  THE  AUDIT  OF  THE  AUTHORITY
DURING  THE  ONE YEAR PERIOD PRECEDING THE DATE OF THE INITIATION OF THE
AUDIT.
  F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY EXEMPT INFORMATION FROM DISCLOSURE OR REPORT, IF THE COUNSEL OF SUCH
AUTHORITY DEEMS THAT SUCH INFORMATION IS COVERED BY ARTICLE SIX  OF  THE
PUBLIC OFFICERS LAW.
  13. A. FOR THE PURPOSES OF THIS SUBDIVISION:
  (1) "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
NEW YORK.
  (2) "EMPLOYEES" MEANS THOSE PERSONS EMPLOYED AT THE AUTHORITY, INCLUD-
ING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOY-
EES ON PROBATION, AND TEMPORARY EMPLOYEES.

A. 2677                             8

  (3)  "INSPECTOR  GENERAL"  SHALL  MEAN  THE  INSPECTOR  GENERAL OF THE
AUTHORITY APPOINTED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
  (4)  "WHISTLEBLOWER"  SHALL  MEAN  ANY  EMPLOYEE  OF THE AUTHORITY WHO
DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEA-
SANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER OF
THE AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL,  ACQUISI-
TION  OF  REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL
PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
  B. THE INSPECTOR GENERAL, AFTER CONSULTATION WITH THE ATTORNEY  GENER-
AL,  SHALL  DEVELOP  A WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) EVALUATING AND COMMENTING ON WHISTLEBLOWER PROGRAMS  AND  POLICIES
BY BOARD;
  (2)  ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE TO
EMPLOYEES;
  (3) OFFERING ADVICE REGARDING EMPLOYEE RIGHTS UNDER  APPLICABLE  STATE
AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
  (4) OFFERING AN OPPORTUNITY FOR EMPLOYEES TO IDENTIFY CONCERNS REGARD-
ING ANY ISSUE AT THE AUTHORITY.
  C.  ANY  COMMUNICATIONS  BETWEEN AN EMPLOYEE AND THE INSPECTOR GENERAL
PURSUANT TO THIS SUBDIVISION SHALL BE HELD STRICTLY CONFIDENTIAL BY  THE
INSPECTOR  GENERAL,  UNLESS  THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING
THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALITY SHALL NOT
EXEMPT THE INSPECTOR GENERAL FROM  DISCLOSING  SUCH  INFORMATION,  WHERE
APPROPRIATE, TO ANY LAW ENFORCEMENT AUTHORITY.
  D. THE AUTHORITY SHALL NOT FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN,
HARASS  OR  DISCRIMINATE  AGAINST  AN EMPLOYEE BECAUSE OF THE EMPLOYEE'S
ROLE AS A WHISTLEBLOWER, INSOFAR AS THE ACTIONS TAKEN  BY  THE  EMPLOYEE
ARE LEGAL.
  14. A. AS USED IN THIS SUBDIVISION:
  (1)  "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN THE LEGISLA-
TIVE LAW.
  (2) "LOBBYING" SHALL MEAN AND INCLUDE, BUT  NOT  BE  LIMITED  TO,  ANY
ATTEMPT TO INFLUENCE:
  (A)  THE  ADOPTION  OR  REJECTION OF ANY RULE OR REGULATION HAVING THE
FORCE AND EFFECT OF LAW BY THE AUTHORITY; OR
  (B) ANY DETERMINATION INVOLVING OR RELATING TO ANY CONTRACTS OR AGREE-
MENTS IN ANY AMOUNT OF THE AUTHORITY, INCLUDING PROCUREMENT CONTRACTS.
  (3) "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY  TELEPHONIC
OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
THE  ACT OF LOBBYING AND ANY PERSON WITHIN THE AUTHORITY WHO CAN MAKE OR
INFLUENCE A DECISION ON THE SUBJECT OF THE LOBBYING  ON  BEHALF  OF  THE
AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE BOARD AND
ALL OFFICERS OF THE AUTHORITY.
  B. THE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING CONTACTS MADE
WITH SUCH AUTHORITY.
  C.  EVERY  BOARD  MEMBER,  OFFICER OR EMPLOYEE OF THE AUTHORITY WHO IS
CONTACTED BY A LOBBYIST SHALL MAKE  A  CONTEMPORANEOUS  RECORD  OF  SUCH
CONTACT  CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF THE
LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
  D. THE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIREMENTS OF
THIS SUBDIVISION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL  SUCH
RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH RECORDS FOR
NOT  LESS  THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO ORGANIZE SUCH
RECORDS IN A MANNER SO AS TO  MAKE  SUCH  RECORDS  USEFUL  TO  DETERMINE

A. 2677                             9

WHETHER  THE  DECISIONS  OF  THE  AUTHORITY  WERE INFLUENCED BY LOBBYING
CONTACTS.
  15. A. ESTABLISHMENT AND ORGANIZATION. (1) THERE IS HEREBY ESTABLISHED
THE  OFFICE  OF  THE INSPECTOR GENERAL IN THE AUTHORITY. THE HEAD OF THE
OFFICE SHALL BE THE INSPECTOR GENERAL WHO SHALL  BE  APPOINTED  BY,  AND
REPORT TO, THE BOARD OF THE AUTHORITY.
  (2)  THE  INSPECTOR GENERAL SHALL HOLD OFFICE AT THE DISCRETION OF THE
BOARD AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS QUALIFIED.
  (3) THE INSPECTOR GENERAL MAY APPOINT ONE OR  MORE  DEPUTY  INSPECTORS
GENERAL  TO  SERVE  AT HIS OR HER PLEASURE, WHO SHALL BE RESPONSIBLE FOR
CONDUCTING INVESTIGATIONS IN THE AUTHORITY.
  B. FUNCTIONS AND DUTIES. THE INSPECTOR GENERAL SHALL HAVE THE  FOLLOW-
ING DUTIES AND RESPONSIBILITIES:
  (1) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE AUTHORITY;
  (2) INFORM THE BOARD AND CHIEF EXECUTIVE DIRECTOR OF SUCH  ALLEGATIONS
AND  THE  PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO, UNLESS SPECIAL
CIRCUMSTANCES REQUIRE CONFIDENTIALITY;
  (3) DETERMINE WITH RESPECT TO SUCH  ALLEGATIONS  WHETHER  DISCIPLINARY
ACTION,  CIVIL  OR  CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
IN SUCH INVESTIGATIONS;
  (4) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
TIALITY OF ONGOING INVESTIGATIONS;
  (5) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
AUTHORITY  WITH  REGARD  TO  THE PREVENTION AND DETECTION OF CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (6) RECOMMEND REMEDIAL ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (7)  ESTABLISH  PROGRAMS FOR TRAINING AUTHORITY OFFICERS AND EMPLOYEES
REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD,  CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
  C. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
  (1) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (2) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  (3)  REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (4) NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  EXAMINE  AND  COPY  OR
REMOVE  DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD BY
THE AUTHORITY;
  (5) REQUIRE ANY OFFICER OR EMPLOYEE OF THE AUTHORITY TO  ANSWER  QUES-
TIONS  CONCERNING  ANY  MATTER  RELATED TO THE PERFORMANCE OF HIS OR HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL  PROSE-
CUTION  OTHER  THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
THE REFUSAL OF ANY OFFICER OR EMPLOYEE  TO  ANSWER  QUESTIONS  SHALL  BE
CAUSE  FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
TY;
  (6) MONITOR THE IMPLEMENTATION BY THE AUTHORITY OF ANY RECOMMENDATIONS
MADE BY THE INSPECTOR GENERAL;
  (7) PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.

A. 2677                            10

  D. RESPONSIBILITIES OF AUTHORITY OFFICERS AND EMPLOYEES. EVERY OFFICER
OR  EMPLOYEE  OF  THE  AUTHORITY  SHALL REPORT PROMPTLY TO THE INSPECTOR
GENERAL ANY INFORMATION CONCERNING CORRUPTION, FRAUD, CRIMINAL ACTIVITY,
CONFLICTS OF INTEREST OR ABUSE BY ANOTHER AUTHORITY OFFICER OR  EMPLOYEE
RELATING TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSI-
NESS DEALINGS WITH THE AUTHORITY RELATING TO THOSE DEALINGS. THE KNOWING
FAILURE  OF  ANY  OFFICER  OR  EMPLOYEE  TO SO REPORT SHALL BE CAUSE FOR
REMOVAL FROM OFFICE OR EMPLOYMENT  OR  OTHER  APPROPRIATE  PENALTY.  ANY
OFFICER  OR  EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING
TO THE INSPECTOR GENERAL  IMPROPER  GOVERNMENTAL  ACTION  SHALL  NOT  BE
SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
  16. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, BOARD
MEMBERS,  OFFICERS,  AND  EMPLOYEES  OF  THE AUTHORITY SHALL FILE ANNUAL
FINANCIAL DISCLOSURE STATEMENTS AS REQUIRED BY  SECTION  12-110  OF  THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  17.  A. THE AUTHORITY SHALL NOTIFY THE CITY COMPTROLLER OF THE CITY OF
NEW YORK OF ANY CONTRACTS OR CATEGORIES OF CONTRACTS, THE VALUE OF WHICH
EXCEEDS ONE  MILLION  DOLLARS,  WHERE  THE  CONTRACT  OR  CATEGORIES  OF
CONTRACTS IS PROPOSED TO BE AWARDED BY THE AUTHORITY TO A SINGLE SOURCE,
A SOLE SOURCE OR PURSUANT TO ANY OTHER METHOD OF PROCUREMENT THAT IS NOT
COMPETITIVE.    NOTWITHSTANDING  ANY  PROVISIONS OF LAW TO THE CONTRARY,
SUCH CONTRACT OR CATEGORIES OF CONTRACTS ARE SUBJECT TO THE APPROVAL  OF
SUCH CITY COMPTROLLER.  SUCH NOTIFICATION SHALL IDENTIFY THE PROCESS FOR
SUBMISSION,  THE  CONTRACT  OR  CATEGORIES OF CONTRACTS AT ISSUE AND THE
TIME PERIOD FOR WHICH SUCH SUBMISSION IS TO TAKE PLACE. THE  CITY  COMP-
TROLLER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY
TO CARRY OUT HIS OR HER RESPONSIBILITIES UNDER THIS SUBDIVISION, INCLUD-
ING BUT NOT LIMITED TO THE STANDARDS  FOR  DETERMINING  WHICH  CONTRACTS
WILL BE SUBJECT TO HIS OR HER REVIEW AND FOR APPROVING SUCH CONTRACTS.
  B.  WHERE THE CITY COMPTROLLER, PURSUANT TO PARAGRAPH A OF THIS SUBDI-
VISION, HAS NOTIFIED THE  AUTHORITY  THAT  A  CONTRACT  OR  CATEGORY  OF
CONTRACTS  IS SUBJECT TO HIS OR HER APPROVAL, IF THE COMPTROLLER HAS NOT
APPROVED OR DISAPPROVED ANY CONTRACT SUBJECT  TO  HIS  OR  HER  APPROVAL
WITHIN  NINETY  DAYS  OF  SUBMISSION TO HIS OR HER OFFICE, SUCH CONTRACT
SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
  C. THIS SUBDIVISION SHALL NOT APPLY TO CONTRACTS ENTERED INTO FOR  THE
PROCUREMENT  OF  GOODS, SERVICES OR BOTH GOODS AND SERVICES MADE TO MEET
EMERGENCIES ARISING FROM UNFORESEEN CAUSES OR TO EFFECT REPAIRS TO CRIT-
ICAL INFRASTRUCTURE THAT ARE NECESSARY TO AVOID A DELAY IN THE  DELIVERY
OF  CRITICAL  SERVICES  THAT COULD COMPROMISE TENANT OR PUBLIC SAFETY OR
WELFARE.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2677--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, TITONE, MILLMAN, GOTTFRIED, MOSLEY --
  Multi-Sponsored by -- M. of A. ARROYO, BORELLI, COOK, CORWIN,  GIBSON,
  GLICK, HIKIND, LENTOL, RIVERA -- read once and referred to the Commit-
  tee   on   Corporations,  Authorities  and  Commissions  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. The opening paragraph of subdivision 4 of  section  402  of
the  public  housing  law  is designated paragraph a and three new para-
graphs b, c and d are added to read as follows:
  B. THE CHAIRMAN AND THE OTHER MEMBERS OF THE AUTHORITY, INCLUDING  THE
ADDITIONAL  TENANT  MEMBER,  SHALL: (1) EXERCISE DIRECT OVERSIGHT OF THE
AUTHORITY'S CHIEF EXECUTIVE OFFICER OR GENERAL MANAGER AND OTHER  MANAG-
ERS  OR  SUPERVISORS  IN  THE  EFFECTIVE  AND  ETHICAL MANAGEMENT OF THE
AUTHORITY; (2) UNDERSTAND, REVIEW  AND  MONITOR  THE  IMPLEMENTATION  OF
FUNDAMENTAL  FINANCIAL AND MANAGEMENT CONTROLS AND OPERATIONAL DECISIONS
OF THE AUTHORITY; (3) ADOPT A CODE OF ETHICS FOR OFFICERS AND  EMPLOYEES
OF THE AUTHORITY CONSISTENT WITH SECTION EIGHT HUNDRED SIX OF THE GENER-
AL  MUNICIPAL  LAW;  (4)  PERFORM EACH OF THEIR DUTIES AS BOARD MEMBERS,
INCLUDING BUT NOT LIMITED TO THOSE IMPOSED  BY  THIS  SECTION,  IN  GOOD
FAITH  AND  WITH THAT DEGREE OF DILIGENCE, CARE AND SKILL WHICH AN ORDI-
NARILY PRUDENT PERSON IN LIKE POSITION WOULD USE UNDER  SIMILAR  CIRCUM-
STANCES,  AND  MAY TAKE INTO CONSIDERATION THE VIEWS AND POLICIES OF ANY
ELECTED OFFICIAL OR BODY, OR OTHER PERSON AND ULTIMATELY APPLY INDEPEND-
ENT JUDGMENT IN THE BEST INTEREST OF THE AUTHORITY, ITS MISSION AND  THE
PUBLIC.  AT  THE  TIME  THAT EACH MEMBER TAKES AND SUBSCRIBES HIS OR HER
OATH OF OFFICE, OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE  DATE  OF  THIS
PARAGRAPH IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-04-3
              

A. 2677--A                          2

OF  OFFICE, EXECUTE AN ACKNOWLEDGMENT, IN A FORM CONSISTENT WITH THE ONE
PRESCRIBED BY THE NEW YORK INDEPENDENT AUTHORITIES BUDGET OFFICE  ESTAB-
LISHED  PURSUANT  TO  TITLE TWO OF ARTICLE ONE OF THE PUBLIC AUTHORITIES
LAW  IN  WHICH  THE BOARD MEMBER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS
HIS OR HER ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN SUBPARA-
GRAPH FOUR OF THIS PARAGRAPH, AND ACKNOWLEDGES THAT  HE  OR  SHE  UNDER-
STANDS  HIS  OR  HER  DUTY  OF  LOYALTY AND CARE TO THE ORGANIZATION AND
COMMITMENT TO THE AUTHORITY'S MISSION AND THE PUBLIC INTEREST.
  C. ALL BOARD MEMBERS, INCLUDING THE TENANT MEMBER,  SHALL  PARTICIPATE
IN TRAINING APPROVED BY THE INSPECTOR GENERAL OF THE AUTHORITY REGARDING
THEIR LEGAL, FIDUCIARY, FINANCIAL AND ETHICAL RESPONSIBILITIES AS DIREC-
TORS  OF AN AUTHORITY WITHIN ONE YEAR OF APPOINTMENT TO THE BOARD. BOARD
MEMBERS SHALL PARTICIPATE IN SUCH CONTINUING TRAINING AS MAY BE REQUIRED
TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY AND  STATUTORY  CHANGES
RELATING  TO  THE  EFFECTIVE  OVERSIGHT  OF THE MANAGEMENT AND FINANCIAL
ACTIVITIES OF PUBLIC CORPORATIONS AND TO ADHERE TO THE HIGHEST STANDARDS
OF RESPONSIBLE GOVERNANCE.
  D. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE AUTHORITY SHALL  NOT,
DIRECTLY  OR  INDIRECTLY,  EXTEND  OR  MAINTAIN  CREDIT, ARRANGE FOR THE
EXTENSION OF CREDIT, OR RENEW AN EXTENSION OF CREDIT, IN THE FORM  OF  A
PERSONAL  LOAN  TO  OR  FOR ANY OFFICER, BOARD MEMBER OR EMPLOYEE OF THE
AUTHORITY.
  S 2. Section 402 of the public housing law is amended by adding eleven
new subdivisions 10, 10-a, 11, 12, 13, 14, 15, 16, 17, 18 and 19 to read
as follows:
  10. DISPOSITION OF PROPERTY.  A. DEFINITIONS. FOR THE PURPOSES OF THIS
SUBDIVISION:
  (1) "AUTHORITY BUDGET OFFICE" SHALL MEAN THE  INDEPENDENT  AUTHORITIES
BUDGET OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF THE PUBLIC AUTHOR-
ITIES LAW.
  (2)  "CITY  COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW
YORK.
  (3) "CONTRACTING OFFICER" SHALL MEAN THE OFFICER OR  EMPLOYEE  OF  THE
AUTHORITY  WHO  SHALL  BE  APPOINTED  BY  RESOLUTION OF THE BOARD OF THE
AUTHORITY TO BE RESPONSIBLE FOR THE DISPOSITION OF PROPERTY.
  (4) "DISPOSE", "DISPOSITION" OR "DISPOSAL" SHALL MEAN THE SALE,  LEASE
OR  TRANSFER  OF  TITLE  OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR
REAL PROPERTY IN ACCORDANCE WITH PARAGRAPH C OF  THIS  SUBDIVISION,  AND
SHALL ALSO INCLUDE THE DEMOLITION OF REAL PROPERTY.
  (5) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
  (6) "PROPERTY" SHALL MEAN PERSONAL PROPERTY IN EXCESS OF FIVE THOUSAND
DOLLARS  IN  VALUE, REAL PROPERTY, AND ANY INCHOATE OR OTHER INTEREST IN
SUCH PROPERTY, TO THE EXTENT THAT  SUCH  INTEREST  MAY  BE  CONVEYED  TO
ANOTHER PERSON FOR ANY PURPOSE, EXCLUDING AN INTEREST SECURING A LOAN OR
OTHER FINANCIAL OBLIGATION OF ANOTHER PARTY.
  B.  DUTIES  OF THE AUTHORITY WITH RESPECT TO THE DISPOSAL OF PROPERTY.
(1) THE AUTHORITY SHALL ADOPT  BY  RESOLUTION  COMPREHENSIVE  GUIDELINES
WHICH SHALL (A) DETAIL THE AUTHORITY'S OPERATIVE POLICY AND INSTRUCTIONS
REGARDING  THE  USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR
THE DISPOSAL OF PROPERTY, AND (B) DESIGNATE A PROPERTY MANAGEMENT  OFFI-
CER  WHO  SHALL  BE RESPONSIBLE FOR THE AUTHORITY'S COMPLIANCE WITH, AND
ENFORCEMENT OF, SUCH GUIDELINES.   SUCH GUIDELINES SHALL  BE  CONSISTENT
WITH, AND SHALL REQUIRE THE AUTHORITY'S DISPOSITION ACTIVITIES TO COMPLY
WITH  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY
OTHER APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF  PROP-
ERTY, EXCEPT THAT SUCH GUIDELINES MAY BE STRICTER THAN THE PROVISIONS OF

A. 2677--A                          3

THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY OTHER
APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF PROPERTY  IF
THE  AUTHORITY  DETERMINES  THAT  ADDITIONAL SAFEGUARDS ARE NECESSARY TO
ASSURE  THE INTEGRITY OF ITS DISPOSITION ACTIVITIES. GUIDELINES APPROVED
BY THE AUTHORITY SHALL BE ANNUALLY REVIEWED AND APPROVED BY THE BOARD OF
THE AUTHORITY. ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH IN EACH  YEAR,
THE  AUTHORITY  SHALL  FILE WITH THE AUTHORITIES BUDGET OFFICE A COPY OF
THE GUIDELINES MOST RECENTLY REVIEWED AND  APPROVED  BY  THE  AUTHORITY,
INCLUDING  THE  NAME  OF  THE AUTHORITY'S DESIGNATED PROPERTY MANAGEMENT
OFFICER. AT THE TIME OF FILING  SUCH  GUIDELINES  WITH  THE  AUTHORITIES
BUDGET  OFFICE,  THE  AUTHORITY  SHALL  ALSO POST SUCH GUIDELINES ON THE
AUTHORITY'S INTERNET WEBSITE.   GUIDELINES  POSTED  ON  THE  AUTHORITY'S
INTERNET  WEBSITE SHALL BE MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE
PROCUREMENT GUIDELINES  FOR  THE  FOLLOWING  YEAR  ARE  POSTED  ON  SUCH
WEBSITE.
  (2) THE AUTHORITY SHALL:
  (A)  MAINTAIN  ADEQUATE  INVENTORY CONTROLS AND ACCOUNTABILITY SYSTEMS
FOR ALL PROPERTY UNDER ITS CONTROL;
  (B) PERIODICALLY INVENTORY SUCH PROPERTY TO DETERMINE  WHICH  PROPERTY
SHALL BE DISPOSED OF; AND
  (C)  PRODUCE  A  WRITTEN  REPORT  OF  SUCH PROPERTY IN ACCORDANCE WITH
SUBPARAGRAPH THREE OF THIS PARAGRAPH.
  (3) (A) THE AUTHORITY SHALL PUBLISH, AT LEAST ANNUALLY, A REPORT LIST-
ING ALL REAL PROPERTY OWNED, CONTROLLED OR OPERATED  BY  THE  AUTHORITY.
SUCH  REPORT  SHALL  INCLUDE A LIST AND FULL DESCRIPTION OF ALL PROPERTY
DISPOSED OF DURING SUCH PERIOD.  THE  REPORT  SHALL  CONTAIN  THE  PRICE
RECEIVED  BY  THE  AUTHORITY  AND THE NAME OF THE PURCHASER FOR ALL SUCH
PROPERTY DISPOSED OF BY THE AUTHORITY DURING SUCH PERIOD.
  (B) THE AUTHORITY SHALL DELIVER COPIES OF SUCH REPORT TO THE INDEPEND-
ENT AUTHORITIES BUDGET OFFICE, THE MAYOR, THE CITY COMPTROLLER, AND  THE
STATE LEGISLATURE.
  C. DISPOSAL OF AUTHORITY PROPERTY. (1) EXCEPT AS OTHERWISE PROVIDED IN
THIS  SUBDIVISION,  THE  PROPERTY  MANAGEMENT  OFFICER DESIGNATED BY THE
AUTHORITY SHALL HAVE SUPERVISION OVER THE DISPOSITION OF PROPERTY OF THE
AUTHORITY.
  (2) THE CUSTODY AND CONTROL OF THE PROPERTY OF THE AUTHORITY,  PENDING
ITS  DISPOSITION,  AND THE DISPOSAL OF SUCH PROPERTY, SHALL BE PERFORMED
BY THE AUTHORITY.
  (3) SUBJECT TO SUBPARAGRAPH FIVE OF THIS PARAGRAPH, THE AUTHORITY  MAY
DISPOSE  OF  PROPERTY  FOR  NOT  LESS THAN THE FAIR MARKET VALUE OF SUCH
PROPERTY BY SALE, LEASE, EXCHANGE, OR TRANSFER,  FOR  CASH,  CREDIT,  OR
OTHER  PROPERTY, WITH OR WITHOUT WARRANTY, AND UPON SUCH OTHER TERMS AND
CONDITIONS AS THE AUTHORITY DEEMS PROPER, PROVIDED THAT SUCH  TERMS  AND
CONDITIONS  ARE CONSISTENT WITH INDUSTRY PRACTICES AND ARE COMPARABLE TO
TERMS AND  CONDITIONS  CONTAINED  IN  SIMILAR  AGREEMENTS  OR  CONTRACTS
BETWEEN  AND  BY  PRIVATE PARTIES, AND IT MAY EXECUTE SUCH DOCUMENTS FOR
THE TRANSFER OF TITLE OR OTHER INTEREST IN PROPERTY AND TAKE SUCH  OTHER
ACTION AS IT DEEMS NECESSARY OR PROPER TO DISPOSE OF SUCH PROPERTY UNDER
THE  PROVISIONS  OF THIS SUBDIVISION PROVIDED, HOWEVER, THAT NO DISPOSI-
TION OF REAL PROPERTY, OR ANY INTEREST IN REAL PROPERTY, SHALL  BE  MADE
UNLESS  AN  APPRAISAL  OF THE VALUE OF SUCH PROPERTY HAS BEEN MADE BY AN
INDEPENDENT APPRAISER AND INCLUDED IN THE  RECORD  OF  THE  TRANSACTION,
AND,  PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER PROPERTY, WHICH
BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES OF THE PROPOSED
TRANSACTION IS NOT READILY VALUED BY REFERENCE TO AN ACTIVE  MARKET  FOR
SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR APPRAISAL.

A. 2677--A                          4

  (4)  (A)  ALL  DISPOSALS  OR CONTRACTS FOR DISPOSAL OF PROPERTY OF THE
AUTHORITY MADE OR AUTHORIZED  BY  THE  AUTHORITY  SHALL  BE  MADE  AFTER
PUBLICLY  ADVERTISING  FOR BIDS EXCEPT AS PROVIDED IN CLAUSE (C) OF THIS
SUBPARAGRAPH.
  (B)  WHENEVER PUBLIC ADVERTISING FOR BIDS IS REQUIRED UNDER CLAUSE (A)
OF THIS SUBPARAGRAPH:
  (I) THE ADVERTISEMENT FOR BIDS SHALL BE MADE AT SUCH TIME PRIOR TO THE
DISPOSAL OR CONTRACT, THROUGH SUCH METHODS, AND ON SUCH TERMS AND CONDI-
TIONS AS SHALL PERMIT FULL AND  FREE  COMPETITION  CONSISTENT  WITH  THE
VALUE AND NATURE OF THE PROPERTY;
  (II) ALL BIDS SHALL BE PUBLICLY DISCLOSED AT THE TIME AND PLACE STATED
IN THE ADVERTISEMENT; AND
  (III)  THE AWARD SHALL BE MADE WITH REASONABLE PROMPTNESS BY NOTICE TO
THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS,
WILL BE MOST ADVANTAGEOUS TO THE  AUTHORITY,  PRICE  AND  OTHER  FACTORS
CONSIDERED;  PROVIDED,  THAT  ALL BIDS MAY BE REJECTED WHEN IT IS IN THE
PUBLIC INTEREST TO DO SO.
  (C) DISPOSALS AND CONTRACTS FOR DISPOSAL OF PROPERTY MAY BE NEGOTIATED
OR MADE BY PUBLIC AUCTION WITHOUT REGARD TO CLAUSES (A) AND (B) OF  THIS
SUBPARAGRAPH  BUT  SUBJECT  TO OBTAINING SUCH COMPETITION AS IS FEASIBLE
UNDER THE CIRCUMSTANCES, IF:
  (I) THE PERSONAL PROPERTY INVOLVED HAS  QUALITIES  SEPARATE  FROM  THE
UTILITARIAN PURPOSE OF SUCH PROPERTY, SUCH AS ARTISTIC QUALITY, ANTIQUI-
TY, HISTORICAL SIGNIFICANCE, RARITY, OR OTHER QUALITY OF SIMILAR EFFECT,
THAT WOULD TEND TO INCREASE ITS VALUE, OR IF THE PERSONAL PROPERTY IS TO
BE  SOLD IN SUCH QUANTITY THAT, IF IT WERE DISPOSED OF UNDER CLAUSES (A)
AND (B) OF THIS SUBPARAGRAPH, WOULD ADVERSELY AFFECT THE STATE OR  LOCAL
MARKET  FOR  SUCH  PROPERTY, AND THE ESTIMATED FAIR MARKET VALUE OF SUCH
PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL  CAN  BE  OBTAINED  BY
NEGOTIATION;
  (II) THE FAIR MARKET VALUE OF THE PROPERTY DOES NOT EXCEED FIFTY THOU-
SAND DOLLARS;
  (III) BID PRICES AFTER ADVERTISING THEREFOR ARE NOT REASONABLE, EITHER
AS  TO  ALL OR SOME PART OF THE PROPERTY, OR HAVE NOT BEEN INDEPENDENTLY
ARRIVED AT IN OPEN COMPETITION;
  (IV) THE DISPOSAL WILL BE TO THE STATE OR ANY  POLITICAL  SUBDIVISION,
AND  THE ESTIMATED FAIR MARKET VALUE OF THE PROPERTY AND OTHER SATISFAC-
TORY TERMS OF DISPOSAL ARE OBTAINED BY NEGOTIATION;
  (V) UNDER THOSE CIRCUMSTANCES PERMITTED BY SUBPARAGRAPH FIVE  OF  THIS
PARAGRAPH; OR
  (VI) SUCH ACTION IS OTHERWISE AUTHORIZED BY LAW.
  (D)  (I)  AN  EXPLANATORY  STATEMENT  SHALL BE PREPARED OF THE CIRCUM-
STANCES OF EACH DISPOSAL BY NEGOTIATION OF:
  (A) ANY PERSONAL PROPERTY WHICH HAS AN ESTIMATED FAIR MARKET VALUE  IN
EXCESS OF FIFTY THOUSAND DOLLARS;
  (B)  ANY  REAL  PROPERTY  THAT  HAS  AN ESTIMATED FAIR MARKET VALUE IN
EXCESS OF FIFTY THOUSAND DOLLARS;
  (C) ANY REAL PROPERTY DISPOSED OF AT BELOW FAIR MARKET VALUE OR FOR  A
NOMINAL PRICE.
  (II)  EACH SUCH STATEMENT SHALL BE TRANSMITTED TO THE PERSONS ENTITLED
TO RECEIVE COPIES OF THE REPORT  REQUIRED  UNDER  PARAGRAPH  B  OF  THIS
SUBDIVISION NOT LESS THAN NINETY DAYS IN ADVANCE OF SUCH DISPOSAL, AND A
COPY THEREOF SHALL BE PRESERVED IN THE FILES OF THE AUTHORITY.
  (5)  (A)  NO PROPERTY OWNED, LEASED OR OTHERWISE IN THE CONTROL OF THE
AUTHORITY MAY BE SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN  ITS
FAIR MARKET VALUE EXCEPT IF:

A. 2677--A                          5

  (I)  THE  TRANSFEREE  IS  A GOVERNMENT OR OTHER PUBLIC ENTITY, AND THE
TERMS AND CONDITIONS OF THE DISPOSITION REQUIRE THAT THE  OWNERSHIP  AND
USE  OF  THE  ASSET  WILL REMAIN WITH THE GOVERNMENT OR ANY OTHER PUBLIC
ENTITY; OR
  (II)  IN THE EVENT THE AUTHORITY SEEKS TO DISPOSE OF PROPERTY FOR LESS
THAN ITS FAIR MARKET VALUE TO OTHER  THAN  A  GOVERNMENTAL  ENTITY  SUCH
AUTHORITY  SHALL  PROVIDE  WRITTEN NOTIFICATION THEREOF TO THE MAYOR AND
THE CITY COMPTROLLER, AND SUCH PROPOSED DISPOSITION SHALL BE SUBJECT  TO
DENIAL  BY  THE  CITY  COMPTROLLER. DENIAL BY THE CITY COMPTROLLER SHALL
TAKE THE FORM OF A SIGNED CERTIFICATION BY  THE  CITY  COMPTROLLER.  THE
CITY COMPTROLLER SHALL TAKE ANY SUCH ACTION WITHIN SIXTY DAYS OF RECEIV-
ING  NOTIFICATION OF SUCH PROPOSED DISPOSITION. IF NO SUCH CERTIFICATION
IS PERFORMED WITHIN SIXTY DAYS OF  SUCH  NOTIFICATION  OF  THE  PROPOSED
DISPOSITION, THE AUTHORITY MAY EFFECTUATE SUCH DISPOSITION.
  (B)  IN  THE  EVENT  A BELOW FAIR MARKET VALUE PROPERTY DISPOSITION IS
PROPOSED, THE FOLLOWING INFORMATION MUST BE PROVIDED TO THE  MAYOR,  THE
CITY COMPTROLLER AND THE PUBLIC:
  (I) A FULL DESCRIPTION OF THE PROPERTY;
  (II)  AN  APPRAISAL  OF  THE FAIR MARKET VALUE OF THE PROPERTY AND ANY
OTHER INFORMATION ESTABLISHING THE FAIR MARKET VALUE;
  (III) A DESCRIPTION OF THE PURPOSE OF THE DISPOSITION AND A  STATEMENT
OF  THE  KIND AND AMOUNT OF THE BENEFIT TO THE RESIDENTS OF THE AUTHORI-
TY'S HOUSING RESULTING FROM THE DISPOSITION, INCLUDING BUT  NOT  LIMITED
TO,  THE  BENEFITS,  IF ANY, TO THE COMMUNITIES IN WHICH THE PROPERTY IS
SITUATED;
  (IV) A STATEMENT OF THE FINANCIAL VALUE TO BE RECEIVED BY THE AUTHORI-
TY AND BY THE PRIVATE PARTIES PARTICIPATING OR OTHERWISE INVOLVED IN THE
PROPERTY COMPARED TO THE FAIR MARKET VALUE, INCLUDING THE  PROJECTED  OR
POTENTIAL  VALUE OF ANY TAX CREDITS, EXEMPTIONS, GOVERNMENT SUBSIDIES OR
GRANTS, OR REAL PROPERTY TAX ABATEMENTS GIVEN TO THE PRIVATE PARTIES;
  (V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING IN THE DISPOSITION,
AND IF DIFFERENT THAN THE STATEMENT REQUIRED BY SUBCLAUSE (IV)  OF  THIS
CLAUSE, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY; AND
  (VI)  THE  NAMES  OF  OTHER PRIVATE PARTIES WHO HAVE MADE AN OFFER FOR
SUCH PROPERTY, THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE PROPERTY
WAS SOUGHT TO BE USED.
  (C) BEFORE APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS  THAN  FAIR
MARKET  VALUE,  THE  BOARD  SHALL  CONSIDER THE INFORMATION DESCRIBED IN
CLAUSE (B) OF THIS SUBPARAGRAPH AND MAKE A  WRITTEN  DETERMINATION  THAT
THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED BELOW-MARKET DISPOSI-
TION THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH DISPOSITION. THE DETER-
MINATION  SHALL  INCLUDE  THE  REASONS  FOR DISPOSING OF THE PROPERTY AT
BELOW FAIR MARKET VALUE.
  D. PUBLIC HEARINGS. (1) IN ADDITION TO THE  PUBLIC  HEARINGS  REQUIRED
PURSUANT  TO  FEDERAL  LAWS  AND  REGULATIONS,  THE AUTHORITY SHALL ALSO
CONDUCT AT LEAST ONE PUBLIC HEARING AT THE DEVELOPMENT,  PROJECT,  HOUSE
OR SITE IN WHICH THE DISPOSITION IS BEING PLANNED OR PROPOSED:
  (A)  AT  LEAST  TEN  DAYS  PRIOR  TO  THE DATE WHEN THE APPLICATION TO
DISPOSE OF THE AFFECTED PROPERTY IS PRESENTED TO THE AUTHORITY'S GOVERN-
ING BOARD FOR APPROVAL. THE HEARING SHALL INCLUDE A  FULL  AND  DETAILED
PRESENTATION ON THE APPRAISAL OF THE SUBJECT PROPERTY;
  (B)  IF THE AUTHORITY MAKES A SIGNIFICANT AMENDMENT TO THE APPLICATION
AT ANY TIME AFTER THE PUBLIC HEARING CONDUCTED PURSUANT TO CLAUSE (A) OF
THIS SUBPARAGRAPH. THE  AUTHORITY  MAY  NOT  SUBMIT  THE  AMENDMENT  AND
FORWARD THE AMENDED APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND
URBAN  DEVELOPMENT UNTIL THE AUTHORITY HAS CONDUCTED A PUBLIC HEARING ON

A. 2677--A                          6

THE SIGNIFICANT AMENDMENT. FOR THE PURPOSES OF THIS CLAUSE, "SIGNIFICANT
AMENDMENT" SHALL MEAN: ANY CHANGE TO THE APPLICATION THAT  WILL  IN  ANY
WAY  IMPAIR,  CHANGE  OR  AFFECT  THE  RIGHTS  OF,  AND BENEFITS TO, THE
AFFECTED  RESIDENTS,  THE AFFECTED HOUSING DEVELOPMENT OR PROJECT OR THE
RESIDENTS OF PUBLIC HOUSING; AND THAT IS NOT MERELY CORRECTING  A  TYPO-
GRAPHICAL ERROR, OR MAKING CONFORMING OR TECHNICAL AMENDMENTS; AND
  (C) WITHIN FIFTEEN DAYS AFTER THE AUTHORITY HAS RECEIVED APPROVAL FROM
THE  FEDERAL  DEPARTMENT OF HOUSING AND URBAN RENEWAL ON THE APPLICATION
TO DISPOSE OF THE PROPERTY. THE AUTHORITY SHALL  NOT  BE  AUTHORIZED  TO
IMPLEMENT  THE  APPROVED  APPLICATION UNTIL SUCH PUBLIC HEARING HAS BEEN
HELD.
  (2) THE AUTHORITY SHALL PROVIDE WRITTEN NOTICE IN A  MANNER  AND  FORM
SUFFICIENT  TO  INFORM  THE AFFECTED RESIDENTS, TENANT ORGANIZATIONS AND
THE PUBLIC AT LEAST TEN DAYS BEFORE THE DATE OF ANY  PUBLIC  HEARING  IS
CONDUCTED PURSUANT TO THIS PARAGRAPH.
  E.  BOARD ACTION. (1) AS A CONDITION FOR ITS SUBMISSION TO THE FEDERAL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE APPLICATION TO  DISPOSE
OF  REAL  PROPERTY  SHALL  BE  APPROVED  BY THE MEMBERS OF THE AUTHORITY
PURSUANT TO A BOARD RESOLUTION, AS PROVIDED IN THIS PARAGRAPH.
  (2) THE RESOLUTION MUST BE DATED AFTER THE DATE OF THE  LAST  RESIDENT
MEETING AND AFTER THE DATE OF ANY LETTER OF SUPPORT FROM THE APPROPRIATE
GOVERNMENT  OFFICIALS  RELATING TO THE APPLICATION, AND SHALL SET FORTH,
AMONG OTHER THINGS:
  (A) THE DATES AND A DESCRIPTION OF THE  CONSULTATION  WITH  RESIDENTS,
TENANT ORGANIZATIONS AND OTHER INTERESTED PARTIES;
  (B) THE DATES AND A DESCRIPTION OF ANY CONSULTATION WITH LOCAL GOVERN-
MENT OFFICIALS; AND
  (C)  LETTERS  OF SUPPORT FROM THE APPROPRIATE TENANT ORGANIZATIONS AND
PUBLIC OFFICIALS.
  10-A. PROJECT TRACKING SYSTEM. A. THE AUTHORITY  SHALL  ESTABLISH  AND
MAINTAIN  A  SYSTEM TO TRACK, MONITOR AND ASSESS THE STATUS AND PROGRESS
OF ALL DISPOSITION PROJECTS APPROVED BY THE FEDERAL DEPARTMENT OF  HOUS-
ING  AND  URBAN  DEVELOPMENT  AND OF EVERY MAINTENANCE OR REPAIR PROJECT
PERFORMED BY THE DEPARTMENT.  THE  INFORMATION  CONTAINED  IN  ANY  SUCH
SYSTEM SHALL INCLUDE, AT A MINIMUM:
  (1) START DATE OF PROJECT;
  (2) ESTIMATED DATE OF COMPLETION;
  (3) COMPLETION DATE; AND
  (4)  DETAILED  REASONS FOR ANY DELAYS IN THE COMPLETION OF THE PROJECT
IN A TIMELY MANNER, IF APPLICABLE.
  B. THE SYSTEM SHALL BE OPEN AND AVAILABLE  TO  THE  AUTHORITY'S  RESI-
DENTS.  THE AUTHORITY SHALL ENSURE THAT THE INFORMATION CONTAINED IN THE
TRACKING SYSTEM IS AVAILABLE ON THE AUTHORITY'S WEBSITE.
  C.  THE  AUTHORITY  SHALL  ISSUE  A REPORT, AT LEAST ANNUALLY, SETTING
FORTH AND EXPLAINING THE INFORMATION CONTAINED IN THE  TRACKING  SYSTEM,
INCLUDING:
  (1)  THE  TOTAL  NUMBER  OF  REQUESTS FOR REPAIRS, BROKEN DOWN BY WORK
TYPES OR CATEGORIES;
  (2) THE TOTAL NUMBER OF PENDING OR OUTSTANDING PROJECTS,  BROKEN  DOWN
BY WORK TYPES OR CATEGORIES;
  (3) THE TOTAL NUMBER OF PROJECTS COMPLETED;
  (4)  THE  AVERAGE  NUMBER  OF  DAYS  TO COMPLETE MAINTENANCE OR REPAIR
PROJECTS, BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
  (5) THE TOTAL NUMBER OF MAINTENANCE AND REPAIR PROJECTS NOT COMPLETED,
BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES; AND

A. 2677--A                          7

  (6) AN ESTIMATE OF THE NUMBER OF DAYS REQUIRED TO COMPLETE ALL OF  THE
PROJECTS, INCLUDING ANY BACKLOGS.
  11.  REPORTING  REQUIREMENTS.    A.  THE AUTHORITY SHALL SUBMIT TO THE
INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED  PURSUANT  TO  SECTION
FOUR OF THE PUBLIC AUTHORITIES LAW, THE MAYOR AND THE COMPTROLLER OF THE
CITY OF NEW YORK AND THE STATE LEGISLATURE, WITHIN NINETY DAYS AFTER THE
END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OR REPORTS TO THE
EXTENT  THAT  SUCH  MATTERS  ARE  NOT FULLY REPORTED OR DISCLOSED IN THE
ANNUAL INDEPENDENT AUDIT REPORT PURSUANT  TO  THIS  SUBDIVISION  SETTING
FORTH:    (1) ITS FINANCIAL REPORTS, INCLUDING (A) AUDITED FINANCIALS IN
ACCORDANCE WITH  ALL  APPLICABLE  REGULATIONS  AND  FOLLOWING  GENERALLY
ACCEPTED  ACCOUNTING  PRINCIPLES,  (B)  GRANT  AND SUBSIDY PROGRAMS, (C)
OPERATING AND FINANCIAL RISKS, AND (D) LONG-TERM LIABILITIES,  INCLUDING
LEASES  AND  EMPLOYEE  BENEFIT  PLANS;  (2) A COMPENSATION SCHEDULE THAT
SHALL INCLUDE, BY POSITION, TITLE AND NAME OF THE  PERSON  HOLDING  SUCH
POSITION  OR  TITLE, THE SALARY, COMPENSATION, ALLOWANCE AND/OR BENEFITS
PROVIDED TO ANY OFFICER, DIRECTOR OR EMPLOYEE IN A  DECISION  MAKING  OR
MANAGERIAL  POSITION  OF SUCH AUTHORITY WHOSE SALARY IS IN EXCESS OF ONE
HUNDRED THOUSAND DOLLARS; (3) BIOGRAPHICAL  INFORMATION,  NOT  INCLUDING
CONFIDENTIAL  PERSONAL INFORMATION, FOR ALL DIRECTORS AND SENIOR MANAGE-
MENT; (4) AN ASSESSMENT OF THE EFFECTIVENESS  OF  ITS  INTERNAL  CONTROL
STRUCTURE  AND  PROCEDURES;  (5)  A DESCRIPTION OF THE AUTHORITY AND ITS
BOARD  STRUCTURE,  INCLUDING  (A)  NAMES  OF  COMMITTEES  AND  COMMITTEE
MEMBERS, (B) LISTS OF BOARD MEETINGS AND ATTENDANCE, (C) DESCRIPTIONS OF
MAJOR  AUTHORITY  DIVISIONS,  DEPARTMENTS AND BUREAUS, AND (D) THE TOTAL
NUMBER OF FULL AND PART-TIME EMPLOYEES; (6) ITS BY-LAWS; (7)  A  LISTING
OF  MATERIAL  CHANGES  IN  OPERATIONS  AND PROGRAMS DURING THE REPORTING
YEAR; (8) AT A MINIMUM, A FOUR-YEAR  FINANCIAL  PLAN,  INCLUDING  (A)  A
CURRENT  AND  PROJECTED  CAPITAL  BUDGET,  AND  (B)  AN OPERATING BUDGET
REPORT, INCLUDING AN ACTUAL VERSUS ESTIMATED BUDGET,  WITH  AN  ANALYSIS
AND   MEASUREMENT   OF   FINANCIAL  AND  OPERATING  PERFORMANCE;  (9)  A
DESCRIPTION OF THE TOTAL AMOUNTS OF ASSETS OR SERVICES  OR  BOTH  ASSETS
AND  SERVICES  BOUGHT OR SOLD WITHOUT COMPETITIVE BIDDING, INCLUDING (A)
THE NATURE OF THOSE ASSETS OR SERVICES, (B) THE NAMES OF THE PARTIES  TO
THE TRANSACTION, AND (C) WHERE THE CONTRACT PRICE FOR ASSETS OR SERVICES
PURCHASED  EXCEEDS  FAIR  MARKET  VALUE, OR WHERE THE CONTRACT PRICE FOR
ASSETS OR SERVICES SOLD IS LESS  THAN  FAIR  MARKET  VALUE,  A  DETAILED
EXPLANATION OF THE JUSTIFICATION FOR MAKING THE PURCHASE OR SALE WITHOUT
COMPETITIVE  BIDDING,  AND  A CERTIFICATION BY THE CHAIRPERSON AND CHIEF
FINANCIAL OFFICER OF THE AUTHORITY THAT THEY HAVE REVIEWED THE TERMS  OF
SUCH  PURCHASE  OR  SALE AND DETERMINED THAT IT COMPLIES WITH APPLICABLE
LAW AND PROCUREMENT GUIDELINES; (10)  A  LIST  AND  DESCRIPTION  OF  THE
DISPOSITION  PROJECTS  UNDERTAKEN  BY  THE  AUTHORITY IN THE PAST FISCAL
YEAR, IN THE CURRENT FISCAL YEAR, AND IN THE FOLLOWING FISCAL YEAR; (11)
A LIST AND DESCRIPTION OF ALL REAL PROPERTY OWNED, CONTROLLED  OR  OPER-
ATED  BY  THE  AUTHORITY,  REGARDLESS  OF SIZE OR VALUE; (12) A LIST AND
DESCRIPTION OF ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY FOR  A  PRICE
OF FIFTY THOUSAND DOLLARS OR MORE IN THE CURRENT FISCAL YEAR, REGARDLESS
OF  WHETHER THE PURCHASE WAS FOR CASH, MORTGAGE, IN-KIND SERVICES OR ANY
OTHER CONSIDERATION; (13) A LIST AND DESCRIPTION OF ANY OTHER ASSETS  OR
PROPERTY,  THE  VALUE OF WHICH EXCEEDS TEN THOUSAND DOLLARS; (14) A LIST
AND DESCRIPTION OF ANY SERVICE OR EMPLOYMENT  CONTRACTS,  THE  VALUE  OF
WHICH EXCEEDS FIFTY THOUSAND DOLLARS, TO WHICH THE AUTHORITY IS A PARTY;
(15) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES
IN AUTHORITY CONTRACTS AND SERVICES; (16) EMPLOYMENT NUMBERS RELATING TO
THE  AUTHORITY'S  RESIDENT  EMPLOYMENT  PROGRAM FOR THE REPORTING FISCAL

A. 2677--A                          8

YEAR, INCLUDING BUT NOT LIMITED TO, THE TOTAL NUMBER OF POSITIONS AVAIL-
ABLE, BROKEN DOWN BY THE TYPE OF JOBS; THE NUMBER OF APPLICANTS FOR EACH
POSITION; THE LENGTH OF EMPLOYMENT OF EACH POSITION; THE RATE OF PAY AND
BENEFITS  FOR  EACH  POSITION;  AND  THE NUMBER OF POSITIONS THAT LED TO
FULL-TIME EMPLOYMENT FOR PARTICIPATING RESIDENTS; AND (17) A DESCRIPTION
OF ANY MATERIAL PENDING LITIGATION IN WHICH THE AUTHORITY IS INVOLVED AS
A PARTY DURING THE REPORTING YEAR.
  B. (1) THE AUTHORITY SHALL MAKE ACCESSIBLE  TO  THE  PUBLIC,  VIA  ITS
OFFICIAL  WEB SITE, THE REPORT OR REPORTS REQUIRED PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION EXCEPT INFORMATION THAT IS EXEMPT FROM  DISCLOSURE
PURSUANT  TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE AUTHORITY SHALL
ALSO PREPARE AND MAKE ACCESSIBLE A SUMMARY IN PLAIN ENGLISH OF THE PRIN-
CIPAL INFORMATION IN ITS OPERATING AND CAPITAL BUDGET AND CONCLUSIONS TO
BE DRAWN FROM IT. ANY FINANCIAL INFORMATION REQUIRED TO BE POSTED ON THE
WEBSITE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE PRESENTED IN
A DOWNLOADABLE, SEARCHABLE FORMAT.
  (2) THE AUTHORITY SHALL ALSO PREPARE AND  MAKE  AVAILABLE  FOR  PUBLIC
INSPECTION  ON  ITS WEBSITE: (A) INFORMATION THAT DETAILS THE SOURCES OF
DATA AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
OPERATING AND CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT  WITH  GENERALLY
ACCEPTED  BUDGETARY  PRACTICES;  (B) WITHIN SIXTY DAYS OF THE RELEASE OF
THE ADOPTED BUDGET, MONTHLY PROJECTIONS FOR THE CURRENT FISCAL  YEAR  OF
ALL REVENUE AND EXPENSES, AND STAFFING FOR THE AUTHORITY; (C) THE STATUS
OF  CAPITAL  PROJECTS  BY  CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED TO
COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND  (D)  AN  EXPLANATION  OF
MATERIAL  VARIANCES  FROM  THE  CAPITAL  PLAN, SUCH AS COST OVERRUNS AND
DELAYS.
  C. EVERY FINANCIAL REPORT SUBMITTED UNDER THIS  SUBDIVISION  SHALL  BE
APPROVED  BY  THE  BOARD  AND SHALL BE CERTIFIED IN WRITING BY THE CHIEF
EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER OF THE AUTHORITY  THAT
BASED ON THE OFFICER'S KNOWLEDGE (1) THE INFORMATION PROVIDED THEREIN IS
ACCURATE,  CORRECT AND DOES NOT CONTAIN ANY UNTRUE STATEMENT OF MATERIAL
FACT; (2) DOES NOT OMIT ANY MATERIAL FACT WHICH, IF OMITTED, WOULD CAUSE
THE FINANCIAL STATEMENTS TO BE MISLEADING IN LIGHT OF THE  CIRCUMSTANCES
UNDER  WHICH  SUCH  STATEMENTS  ARE MADE; AND (3) FAIRLY PRESENTS IN ALL
MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS  OF
THE  AUTHORITY  AS  OF,  AND FOR, THE PERIODS PRESENTED IN THE FINANCIAL
STATEMENTS.
  12. ANNUAL INDEPENDENT AUDIT REPORT.  A. THE AUTHORITY SHALL SUBMIT TO
THE INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED  PURSUANT  TO  THE
PUBLIC  AUTHORITIES  LAW,  THE  MAYOR AND COMPTROLLER OF THE CITY OF NEW
YORK, AND THE STATE LEGISLATURE, TOGETHER WITH THE REPORT  DESCRIBED  IN
SUBDIVISION  ELEVEN  OF  THIS  SECTION, A COPY OF THE ANNUAL INDEPENDENT
AUDIT REPORT, PERFORMED BY A CERTIFIED PUBLIC ACCOUNTING FIRM IN ACCORD-
ANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS, AND  MANAGEMENT  LETTER
AND  ANY  OTHER  EXTERNAL  EXAMINATION  OF THE BOOKS AND ACCOUNTS OF THE
AUTHORITY.
  B. THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM THAT PERFORMS  ANY
AUDIT  REQUIRED  BY  THIS  SUBDIVISION  SHALL TIMELY REPORT TO THE BOARD
MEMBERS OF THE AUTHORITY: (1) ALL CRITICAL ACCOUNTING POLICIES AND PRAC-
TICES TO BE USED; (2) ALL ALTERNATIVE TREATMENTS OF  FINANCIAL  INFORMA-
TION  WITHIN  GENERALLY  ACCEPTED  ACCOUNTING  PRINCIPLES THAT HAVE BEEN
DISCUSSED WITH MANAGEMENT OFFICIALS OF THE AUTHORITY,  RAMIFICATIONS  OF
THE  USE  OF SUCH ALTERNATIVE DISCLOSURES AND TREATMENTS, AND THE TREAT-
MENT PREFERRED BY THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM;  AND
(3)  OTHER  MATERIAL  WRITTEN COMMUNICATIONS BETWEEN THE CERTIFIED INDE-

A. 2677--A                          9

PENDENT PUBLIC ACCOUNTING FIRM AND THE MANAGEMENT OF THE AUTHORITY, SUCH
AS THE MANAGEMENT LETTER ALONG WITH MANAGEMENT'S  RESPONSE  OR  PLAN  OF
CORRECTIVE  ACTION, MATERIAL CORRECTIONS IDENTIFIED OR SCHEDULE OF UNAD-
JUSTED DIFFERENCES, WHERE APPLICABLE.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING SUCH  AUTHORITY'S
ANNUAL  INDEPENDENT AUDIT WILL BE PROHIBITED IN PROVIDING AUDIT SERVICES
TO THE AUTHORITY IF THE LEAD (OR  COORDINATING)  AUDIT  PARTNER  (HAVING
PRIMARY  RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT PARTNER RESPONSIBLE
FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT SERVICES FOR THE  AUTHORITY
IN EACH OF THE FIVE PREVIOUS FISCAL YEARS.
  D.  THE  CERTIFIED  INDEPENDENT  PUBLIC ACCOUNTING FIRM PERFORMING THE
AUTHORITY'S AUDIT SHALL BE  PROHIBITED  FROM  PERFORMING  ANY  NON-AUDIT
SERVICES  TO  SUCH  AUTHORITY  CONTEMPORANEOUSLY  WITH THE AUDIT, UNLESS
RECEIVING PREVIOUS WRITTEN APPROVAL BY THE BOARD  INCLUDING:  (1)  BOOK-
KEEPING OR OTHER SERVICES RELATED TO THE ACCOUNTING RECORDS OR FINANCIAL
STATEMENTS  OF  SUCH AUTHORITY; (2) FINANCIAL INFORMATION SYSTEMS DESIGN
AND IMPLEMENTATION; (3) APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPIN-
IONS,  OR  CONTRIBUTION-IN-KIND  REPORTS;  (4)  ACTUARIAL  SERVICES; (5)
INTERNAL AUDIT OUTSOURCING SERVICES; (6) MANAGEMENT FUNCTIONS  OR  HUMAN
SERVICES;  (7) BROKER OR DEALER, INVESTMENT ADVISOR, OR INVESTMENT BANK-
ING SERVICES; AND (8) EXPERT SERVICES UNRELATED TO THE AUDIT.
  E. IT  SHALL  BE  PROHIBITED  FOR  ANY  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING OFFI-
CER, OR ANY OTHER PERSON SERVING  IN  AN  EQUIVALENT  POSITION  FOR  THE
AUTHORITY,  WAS EMPLOYED BY THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING
FIRM AND PARTICIPATED IN ANY CAPACITY IN  THE  AUDIT  OF  THE  AUTHORITY
DURING  THE  ONE YEAR PERIOD PRECEDING THE DATE OF THE INITIATION OF THE
AUDIT.
  F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY EXEMPT INFORMATION FROM DISCLOSURE OR REPORT, IF THE COUNSEL OF SUCH
AUTHORITY DEEMS THAT SUCH INFORMATION IS COVERED BY ARTICLE SIX  OF  THE
PUBLIC OFFICERS LAW.
  13.  WHISTLEBLOWER  PROTECTION.   A. FOR THE PURPOSES OF THIS SUBDIVI-
SION:
  (1) "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
NEW YORK.
  (2) "EMPLOYEES" MEANS THOSE PERSONS EMPLOYED AT THE AUTHORITY, INCLUD-
ING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOY-
EES ON PROBATION, AND TEMPORARY EMPLOYEES.
  (3) "INSPECTOR GENERAL"  SHALL  MEAN  THE  INSPECTOR  GENERAL  OF  THE
AUTHORITY APPOINTED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
  (4)  "WHISTLEBLOWER"  SHALL  MEAN  ANY  EMPLOYEE  OF THE AUTHORITY WHO
DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEA-
SANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER OF
THE AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL,  ACQUISI-
TION  OF  REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL
PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
  B. THE BOARD OF THE AUTHORITY SHALL  ESTABLISH  WRITTEN  POLICIES  AND
PROCEDURES PROTECTING EMPLOYEES FROM RETALIATION FOR DISCLOSING INFORMA-
TION  CONCERNING  ACTS  OF  WRONGDOING, MISCONDUCT, MALFEASANCE OR OTHER
INAPPROPRIATE BEHAVIOR BY A BOARD MEMBER OR AN EMPLOYEE OF THE  AUTHORI-
TY,  INCLUDING  BUT NOT LIMITED TO, INVESTMENTS, TRAVEL, THE ACQUISITION
OF REAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL PROPERTY, AND  THE
PROCUREMENT OF GOODS AND SERVICES.

A. 2677--A                         10

  C.  THE INSPECTOR GENERAL, AFTER CONSULTATION WITH THE ATTORNEY GENER-
AL, SHALL DEVELOP A WHISTLEBLOWER ACCESS AND  ASSISTANCE  PROGRAM  WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1)  EVALUATING  AND COMMENTING ON WHISTLEBLOWER PROGRAMS AND POLICIES
BY BOARD;
  (2) ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE  TO
EMPLOYEES;
  (3)  OFFERING  ADVICE REGARDING EMPLOYEE RIGHTS UNDER APPLICABLE STATE
AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
  (4) OFFERING AN OPPORTUNITY FOR EMPLOYEES TO IDENTIFY CONCERNS REGARD-
ING ANY ISSUE AT THE AUTHORITY.
  D. ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND  THE  INSPECTOR  GENERAL
PURSUANT  TO THIS SUBDIVISION SHALL BE HELD STRICTLY CONFIDENTIAL BY THE
INSPECTOR GENERAL, UNLESS THE EMPLOYEE SPECIFICALLY  WAIVES  IN  WRITING
THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALITY SHALL NOT
EXEMPT  THE  INSPECTOR  GENERAL  FROM DISCLOSING SUCH INFORMATION, WHERE
APPROPRIATE, TO ANY LAW ENFORCEMENT AUTHORITY.
  E. THE AUTHORITY SHALL NOT FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN,
HARASS OR DISCRIMINATE AGAINST AN EMPLOYEE  BECAUSE  OF  THE  EMPLOYEE'S
ROLE  AS  A  WHISTLEBLOWER, INSOFAR AS THE ACTIONS TAKEN BY THE EMPLOYEE
ARE LEGAL.
  14. LOBBYING CONTACTS. A. AS USED IN THIS SUBDIVISION:
  (1) "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN THE  LEGISLA-
TIVE LAW.
  (2)  "LOBBYING"  SHALL  MEAN  AND  INCLUDE, BUT NOT BE LIMITED TO, ANY
ATTEMPT TO INFLUENCE:
  (A) THE ADOPTION OR REJECTION OF ANY RULE  OR  REGULATION  HAVING  THE
FORCE AND EFFECT OF LAW BY THE AUTHORITY; OR
  (B) ANY DETERMINATION INVOLVING OR RELATING TO ANY CONTRACTS OR AGREE-
MENTS IN ANY AMOUNT OF THE AUTHORITY, INCLUDING PROCUREMENT CONTRACTS.
  (3)  "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY TELEPHONIC
OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
THE ACT OF LOBBYING AND ANY PERSON WITHIN THE AUTHORITY WHO CAN MAKE  OR
INFLUENCE  A  DECISION  ON  THE SUBJECT OF THE LOBBYING ON BEHALF OF THE
AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE BOARD AND
ALL OFFICERS OF THE AUTHORITY.
  B. THE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING CONTACTS MADE
WITH SUCH AUTHORITY.
  C. EVERY BOARD MEMBER, OFFICER OR EMPLOYEE OF  THE  AUTHORITY  WHO  IS
CONTACTED  BY  A  LOBBYIST  SHALL  MAKE A CONTEMPORANEOUS RECORD OF SUCH
CONTACT CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF  THE
LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
  D. THE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIREMENTS OF
THIS  SUBDIVISION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL SUCH
RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH RECORDS FOR
NOT LESS THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO  ORGANIZE  SUCH
RECORDS  IN  A  MANNER  SO  AS  TO MAKE SUCH RECORDS USEFUL TO DETERMINE
WHETHER THE DECISIONS OF  THE  AUTHORITY  WERE  INFLUENCED  BY  LOBBYING
CONTACTS.
  15.  OFFICE  OF INSPECTOR GENERAL.  A. ESTABLISHMENT AND ORGANIZATION.
(1) THERE IS HEREBY ESTABLISHED THE OFFICE OF THE INSPECTOR  GENERAL  IN
THE AUTHORITY. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR GENERAL WHO
SHALL BE APPOINTED BY, AND REPORT TO, THE COMMISSIONER OF THE DEPARTMENT
OF INVESTIGATION OF THE CITY OF NEW YORK.

A. 2677--A                         11

  (2)  THE  INSPECTOR GENERAL SHALL HOLD OFFICE AT THE DISCRETION OF THE
COMMISSIONER AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS  QUALI-
FIED.
  (3)  THE  INSPECTOR  GENERAL MAY APPOINT ONE OR MORE DEPUTY INSPECTORS
GENERAL TO SERVE AT HIS OR HER PLEASURE, WHO SHALL  BE  RESPONSIBLE  FOR
CONDUCTING INVESTIGATIONS IN THE AUTHORITY.
  B.  FUNCTIONS AND DUTIES. THE INSPECTOR GENERAL SHALL HAVE THE FOLLOW-
ING DUTIES AND RESPONSIBILITIES:
  (1) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,  CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE AUTHORITY;
  (2)  INFORM THE BOARD AND CHIEF EXECUTIVE DIRECTOR OF SUCH ALLEGATIONS
AND THE PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO,  UNLESS  SPECIAL
CIRCUMSTANCES REQUIRE CONFIDENTIALITY;
  (3)  DETERMINE  WITH  RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTIGATION  BY  AN
APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS;
  (4) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW,  SUBJECT  TO
REDACTION  TO  PROTECT  THE CONFIDENTIALITY OF WITNESSES. THE RELEASE OF
ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
TIALITY OF ONGOING INVESTIGATIONS;
  (5) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
AUTHORITY WITH REGARD TO THE PREVENTION  AND  DETECTION  OF  CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (6)  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT OR ELIMINATE CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (7) ESTABLISH PROGRAMS FOR TRAINING AUTHORITY OFFICERS  AND  EMPLOYEES
REGARDING  THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD, CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
  C. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
  (1) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (2) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  (3) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (4)  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY, EXAMINE AND COPY OR
REMOVE DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD  BY
THE AUTHORITY;
  (5)  REQUIRE  ANY OFFICER OR EMPLOYEE OF THE AUTHORITY TO ANSWER QUES-
TIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE  OF  HIS  OR  HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED  AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM  SUCH  TESTIMONY.
THE  REFUSAL  OF  ANY  OFFICER  OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE
CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE  PENAL-
TY;
  (6) MONITOR THE IMPLEMENTATION BY THE AUTHORITY OF ANY RECOMMENDATIONS
MADE BY THE INSPECTOR GENERAL;
  (7)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  D. RESPONSIBILITIES OF AUTHORITY OFFICERS AND EMPLOYEES. EVERY OFFICER
OR EMPLOYEE OF THE AUTHORITY SHALL  REPORT  PROMPTLY  TO  THE  INSPECTOR
GENERAL ANY INFORMATION CONCERNING CORRUPTION, FRAUD, CRIMINAL ACTIVITY,
CONFLICTS  OF INTEREST OR ABUSE BY ANOTHER AUTHORITY OFFICER OR EMPLOYEE
RELATING TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSI-

A. 2677--A                         12

NESS DEALINGS WITH THE AUTHORITY RELATING TO THOSE DEALINGS. THE KNOWING
FAILURE OF ANY OFFICER OR EMPLOYEE TO  SO  REPORT  SHALL  BE  CAUSE  FOR
REMOVAL  FROM  OFFICE  OR  EMPLOYMENT  OR OTHER APPROPRIATE PENALTY. ANY
OFFICER  OR  EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING
TO THE INSPECTOR GENERAL  IMPROPER  GOVERNMENTAL  ACTION  SHALL  NOT  BE
SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
  16. FINANCIAL DISCLOSURE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
TO THE CONTRARY, BOARD MEMBERS, OFFICERS, AND EMPLOYEES OF THE AUTHORITY
SHALL FILE ANNUAL FINANCIAL DISCLOSURE STATEMENTS AS REQUIRED BY SECTION
12-110 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  17.  COMPLIANCE  WITH BUILDING CODES.   HOUSING AND OTHER BUILDINGS OR
STRUCTURES THAT ARE OWNED, CONTROLLED OR OPERATED BY THE AUTHORITY SHALL
BE MAINTAINED IN ACCORDANCE WITH THE BUILDING CODE OF THE  CITY  OF  NEW
YORK.  SUCH  CITY SHALL ENFORCE THE BUILDING CODE WITH RESPECT TO BUILD-
INGS AND STRUCTURES OF THE AUTHORITY PURSUANT TO THE  CITY  CHARTER  AND
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  18.  TENANT ASSISTANCE. A. AT THE INITIAL MEETING REQUIRED PURSUANT TO
FEDERAL LAWS OR REGULATIONS BETWEEN THE AUTHORITY AND THE RESIDENTS,  OR
THE  TENANT  ORGANIZATION  THAT REPRESENTS THE RESIDENTS, RELATING TO AN
AUTHORITY PROPOSAL TO DISPOSE OF  REAL  PROPERTY,  THE  AUTHORITY  SHALL
INFORM  THE  RESIDENTS  OR  TENANT  ORGANIZATION  OF THE AVAILABILITY OF
FUNDS, WITHIN AMOUNTS ALREADY OR TO  BE  APPROPRIATED,  BY  THE  FEDERAL
GOVERNMENT  TO  HIRE  TECHNICAL  ASSISTANCE EXPERTS, SUCH AS REAL ESTATE
ATTORNEYS, ACCOUNTANTS OR INDEPENDENT APPRAISERS, TO ADVISE  AND  ASSIST
RESIDENTS THROUGHOUT THE ENTIRE DISPOSITION PROCESS.
  B.  THE  AUTHORITY  SHALL INFORM THE RESIDENTS OR TENANT ORGANIZATIONS
THAT IN THE EVENT THAT THEY ARE UNABLE TO AGREE, WITHIN THIRTY  DAYS  OF
THE  DATE OF THE MEETING, TO HIRE THEIR OWN EXPERTS, THE AUTHORITY SHALL
SEEK SUCH EXPERTS ON BEHALF OF THE RESIDENTS  OR  TENANT  ORGANIZATIONS.
SUCH  EXPERTS SHALL BE PAID DIRECTLY FROM THE FEDERAL APPROPRIATIONS AND
SHALL NOT BE DEEMED, FOR ANY PURPOSES, TO BE EMPLOYEES OF THE  AUTHORITY
OR  ANY OTHER STATE, CITY OR LOCAL GOVERNMENTAL ENTITY, INCLUDING PUBLIC
AUTHORITIES.
  19. SOLE SOURCE CONTACTS.   A. THE AUTHORITY  SHALL  NOTIFY  THE  CITY
COMPTROLLER  OF  THE  CITY OF NEW YORK OF ANY CONTRACTS OR CATEGORIES OF
CONTRACTS, THE VALUE OF WHICH EXCEEDS ONE  MILLION  DOLLARS,  WHERE  THE
CONTRACT  OR  CATEGORIES  OF  CONTRACTS IS PROPOSED TO BE AWARDED BY THE
AUTHORITY TO A SINGLE SOURCE, A SOLE SOURCE OR  PURSUANT  TO  ANY  OTHER
METHOD  OF  PROCUREMENT  THAT  IS NOT COMPETITIVE.   NOTWITHSTANDING ANY
PROVISIONS OF LAW TO  THE  CONTRARY,  SUCH  CONTRACT  OR  CATEGORIES  OF
CONTRACTS  ARE  SUBJECT  TO THE APPROVAL OF SUCH CITY COMPTROLLER.  SUCH
NOTIFICATION SHALL IDENTIFY THE PROCESS FOR SUBMISSION, THE CONTRACT  OR
CATEGORIES  OF  CONTRACTS  AT  ISSUE  AND THE TIME PERIOD FOR WHICH SUCH
SUBMISSION IS TO TAKE PLACE. THE CITY COMPTROLLER SHALL PROMULGATE  SUCH
RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO CARRY OUT HIS OR HER
RESPONSIBILITIES UNDER THIS SUBDIVISION, INCLUDING BUT  NOT  LIMITED  TO
THE  STANDARDS FOR DETERMINING WHICH CONTRACTS WILL BE SUBJECT TO HIS OR
HER REVIEW AND FOR APPROVING SUCH CONTRACTS.
  B. WHERE THE CITY COMPTROLLER, PURSUANT TO PARAGRAPH A OF THIS  SUBDI-
VISION,  HAS  NOTIFIED  THE  AUTHORITY  THAT  A  CONTRACT OR CATEGORY OF
CONTRACTS IS SUBJECT TO HIS OR HER APPROVAL, IF THE COMPTROLLER HAS  NOT
APPROVED  OR  DISAPPROVED  ANY  CONTRACT  SUBJECT TO HIS OR HER APPROVAL
WITHIN NINETY DAYS OF SUBMISSION TO HIS OR  HER  OFFICE,  SUCH  CONTRACT
SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
  C.  THIS SUBDIVISION SHALL NOT APPLY TO CONTRACTS ENTERED INTO FOR THE
PROCUREMENT OF GOODS, SERVICES OR BOTH GOODS AND SERVICES MADE  TO  MEET

A. 2677--A                         13

EMERGENCIES ARISING FROM UNFORESEEN CAUSES OR TO EFFECT REPAIRS TO CRIT-
ICAL  INFRASTRUCTURE THAT ARE NECESSARY TO AVOID A DELAY IN THE DELIVERY
OF CRITICAL SERVICES THAT COULD COMPROMISE TENANT OR  PUBLIC  SAFETY  OR
WELFARE.
  S 3. Section 1678 of the public authorities law is amended by adding a
new subdivision 28 to read as follows:
  28.  TO  ENTER  INTO  A CONSTRUCTION MANAGEMENT AGREEMENT WITH THE NEW
YORK CITY HOUSING AUTHORITY, PURSUANT TO WHICH ONE  OR  MORE  BUILDINGS,
FACILITIES  OR  STRUCTURES OWNED, CONTROLLED OR OPERATED BY THE NEW YORK
CITY HOUSING AUTHORITY LOCATED IN  THE  CITY  OF  NEW  YORK  ARE  TO  BE
CONSTRUCTED,  RECONSTRUCTED,  REHABILITATED, IMPROVED, MODERNIZED, RENO-
VATED OR EXPANDED FOR SUCH AUTHORITY.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2677--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN, TITONE, MILLMAN, GOTTFRIED, MOSLEY,
  FARRELL, WRIGHT, ROBINSON, COLTON, ORTIZ -- Multi-Sponsored by  --  M.
  of  A.  ARROYO, BORELLI, BOYLAND, COOK, CORWIN, GIBSON, GLICK, HIKIND,
  LENTOL, PERRY, RIVERA, ROSA -- read once and referred to the Committee
  on Corporations, Authorities and Commissions -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

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:

  Section  1.  The  opening paragraph of subdivision 4 of section 402 of
the public housing law is designated paragraph a  and  three  new  para-
graphs b, c and d are added to read as follows:
  B.  THE CHAIRMAN AND THE OTHER MEMBERS OF THE AUTHORITY, INCLUDING THE
ADDITIONAL TENANT MEMBER, SHALL: (1) EXERCISE DIRECT  OVERSIGHT  OF  THE
AUTHORITY'S  CHIEF EXECUTIVE OFFICER OR GENERAL MANAGER AND OTHER MANAG-
ERS OR SUPERVISORS IN  THE  EFFECTIVE  AND  ETHICAL  MANAGEMENT  OF  THE
AUTHORITY;  (2)  UNDERSTAND,  REVIEW  AND  MONITOR THE IMPLEMENTATION OF
FUNDAMENTAL FINANCIAL AND MANAGEMENT CONTROLS AND OPERATIONAL  DECISIONS
OF  THE AUTHORITY; (3) ADOPT A CODE OF ETHICS FOR OFFICERS AND EMPLOYEES
OF THE AUTHORITY CONSISTENT WITH SECTION EIGHT HUNDRED SIX OF THE GENER-
AL MUNICIPAL LAW; (4) PERFORM EACH OF THEIR  DUTIES  AS  BOARD  MEMBERS,
INCLUDING  BUT  NOT  LIMITED  TO  THOSE IMPOSED BY THIS SECTION, IN GOOD
FAITH AND WITH THAT DEGREE OF DILIGENCE, CARE AND SKILL WHICH  AN  ORDI-
NARILY  PRUDENT  PERSON IN LIKE POSITION WOULD USE UNDER SIMILAR CIRCUM-
STANCES, AND MAY TAKE INTO CONSIDERATION THE VIEWS AND POLICIES  OF  ANY
ELECTED OFFICIAL OR BODY, OR OTHER PERSON AND ULTIMATELY APPLY INDEPEND-
ENT  JUDGMENT IN THE BEST INTEREST OF THE AUTHORITY, ITS MISSION AND THE
PUBLIC. AT THE TIME THAT EACH MEMBER TAKES AND  SUBSCRIBES  HIS  OR  HER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-05-3
              

A. 2677--B                          2

OATH  OF  OFFICE,  OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH
OF OFFICE, EXECUTE AN ACKNOWLEDGMENT, IN A FORM CONSISTENT WITH THE  ONE
PRESCRIBED  BY THE NEW YORK INDEPENDENT AUTHORITIES BUDGET OFFICE ESTAB-
LISHED PURSUANT TO TITLE TWO OF ARTICLE ONE OF  THE  PUBLIC  AUTHORITIES
LAW  IN  WHICH  THE BOARD MEMBER ACKNOWLEDGES THAT HE OR SHE UNDERSTANDS
HIS OR HER ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN SUBPARA-
GRAPH FOUR OF THIS PARAGRAPH, AND ACKNOWLEDGES THAT  HE  OR  SHE  UNDER-
STANDS  HIS  OR  HER  DUTY  OF  LOYALTY AND CARE TO THE ORGANIZATION AND
COMMITMENT TO THE AUTHORITY'S MISSION AND THE PUBLIC INTEREST.
  C. ALL BOARD MEMBERS, INCLUDING THE TENANT MEMBER,  SHALL  PARTICIPATE
IN TRAINING APPROVED BY THE INSPECTOR GENERAL OF THE AUTHORITY REGARDING
THEIR LEGAL, FIDUCIARY, FINANCIAL AND ETHICAL RESPONSIBILITIES AS DIREC-
TORS  OF AN AUTHORITY WITHIN ONE YEAR OF APPOINTMENT TO THE BOARD. BOARD
MEMBERS SHALL PARTICIPATE IN SUCH CONTINUING TRAINING AS MAY BE REQUIRED
TO REMAIN INFORMED OF BEST PRACTICES, REGULATORY AND  STATUTORY  CHANGES
RELATING  TO  THE  EFFECTIVE  OVERSIGHT  OF THE MANAGEMENT AND FINANCIAL
ACTIVITIES OF PUBLIC CORPORATIONS AND TO ADHERE TO THE HIGHEST STANDARDS
OF RESPONSIBLE GOVERNANCE.
  D. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE AUTHORITY SHALL  NOT,
DIRECTLY  OR  INDIRECTLY,  EXTEND  OR  MAINTAIN  CREDIT, ARRANGE FOR THE
EXTENSION OF CREDIT, OR RENEW AN EXTENSION OF CREDIT, IN THE FORM  OF  A
PERSONAL  LOAN  TO  OR  FOR ANY OFFICER, BOARD MEMBER OR EMPLOYEE OF THE
AUTHORITY.
  S 2. Section 402 of the public housing law is amended by adding eleven
new subdivisions 10, 10-a, 11, 12, 13, 14, 15, 16, 17, 18 and 19 to read
as follows:
  10. DISPOSITION OF PROPERTY.  A. DEFINITIONS. FOR THE PURPOSES OF THIS
SUBDIVISION:
  (1) "AUTHORITY BUDGET OFFICE" SHALL MEAN THE  INDEPENDENT  AUTHORITIES
BUDGET OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF THE PUBLIC AUTHOR-
ITIES LAW.
  (2)  "CITY  COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW
YORK.
  (3) "CONTRACTING OFFICER" SHALL MEAN THE OFFICER OR  EMPLOYEE  OF  THE
AUTHORITY  WHO  SHALL  BE  APPOINTED  BY  RESOLUTION OF THE BOARD OF THE
AUTHORITY TO BE RESPONSIBLE FOR THE DISPOSITION OF PROPERTY.
  (4) "DISPOSE", "DISPOSITION" OR "DISPOSAL" SHALL MEAN THE SALE,  LEASE
OR  TRANSFER  OF  TITLE  OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR
REAL PROPERTY IN ACCORDANCE WITH PARAGRAPH C OF  THIS  SUBDIVISION,  AND
SHALL ALSO INCLUDE THE DEMOLITION OF REAL PROPERTY.
  (5) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
  (6) "PROPERTY" SHALL MEAN PERSONAL PROPERTY IN EXCESS OF FIVE THOUSAND
DOLLARS  IN  VALUE, REAL PROPERTY, AND ANY INCHOATE OR OTHER INTEREST IN
SUCH PROPERTY, TO THE EXTENT THAT  SUCH  INTEREST  MAY  BE  CONVEYED  TO
ANOTHER PERSON FOR ANY PURPOSE, EXCLUDING AN INTEREST SECURING A LOAN OR
OTHER FINANCIAL OBLIGATION OF ANOTHER PARTY.
  B.  DUTIES  OF THE AUTHORITY WITH RESPECT TO THE DISPOSAL OF PROPERTY.
(1) THE AUTHORITY SHALL ADOPT  BY  RESOLUTION  COMPREHENSIVE  GUIDELINES
WHICH SHALL (A) DETAIL THE AUTHORITY'S OPERATIVE POLICY AND INSTRUCTIONS
REGARDING  THE  USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR
THE DISPOSAL OF PROPERTY, AND (B) DESIGNATE A PROPERTY MANAGEMENT  OFFI-
CER  WHO  SHALL  BE RESPONSIBLE FOR THE AUTHORITY'S COMPLIANCE WITH, AND
ENFORCEMENT OF, SUCH GUIDELINES.   SUCH GUIDELINES SHALL  BE  CONSISTENT
WITH, AND SHALL REQUIRE THE AUTHORITY'S DISPOSITION ACTIVITIES TO COMPLY
WITH  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY

A. 2677--B                          3

OTHER APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF  PROP-
ERTY, EXCEPT THAT SUCH GUIDELINES MAY BE STRICTER THAN THE PROVISIONS OF
THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY OTHER
APPLICABLE  FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF PROPERTY IF
THE AUTHORITY DETERMINES THAT ADDITIONAL  SAFEGUARDS  ARE  NECESSARY  TO
ASSURE  THE INTEGRITY OF ITS DISPOSITION ACTIVITIES. GUIDELINES APPROVED
BY THE AUTHORITY SHALL BE ANNUALLY REVIEWED AND APPROVED BY THE BOARD OF
THE AUTHORITY. ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH IN EACH  YEAR,
THE  AUTHORITY  SHALL  FILE WITH THE AUTHORITIES BUDGET OFFICE A COPY OF
THE GUIDELINES MOST RECENTLY REVIEWED AND  APPROVED  BY  THE  AUTHORITY,
INCLUDING  THE  NAME  OF  THE AUTHORITY'S DESIGNATED PROPERTY MANAGEMENT
OFFICER. AT THE TIME OF FILING  SUCH  GUIDELINES  WITH  THE  AUTHORITIES
BUDGET  OFFICE,  THE  AUTHORITY  SHALL  ALSO POST SUCH GUIDELINES ON THE
AUTHORITY'S INTERNET WEBSITE.   GUIDELINES  POSTED  ON  THE  AUTHORITY'S
INTERNET  WEBSITE SHALL BE MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE
PROCUREMENT GUIDELINES  FOR  THE  FOLLOWING  YEAR  ARE  POSTED  ON  SUCH
WEBSITE.
  (2) THE AUTHORITY SHALL:
  (A)  MAINTAIN  ADEQUATE  INVENTORY CONTROLS AND ACCOUNTABILITY SYSTEMS
FOR ALL PROPERTY UNDER ITS CONTROL;
  (B) PERIODICALLY INVENTORY SUCH PROPERTY TO DETERMINE  WHICH  PROPERTY
SHALL BE DISPOSED OF; AND
  (C)  PRODUCE  A  WRITTEN  REPORT  OF  SUCH PROPERTY IN ACCORDANCE WITH
SUBPARAGRAPH THREE OF THIS PARAGRAPH.
  (3) (A) THE AUTHORITY SHALL PUBLISH, AT LEAST ANNUALLY, A REPORT LIST-
ING ALL REAL PROPERTY OWNED, CONTROLLED OR OPERATED  BY  THE  AUTHORITY.
SUCH  REPORT  SHALL  INCLUDE A LIST AND FULL DESCRIPTION OF ALL PROPERTY
DISPOSED OF DURING SUCH PERIOD.  THE  REPORT  SHALL  CONTAIN  THE  PRICE
RECEIVED  BY  THE  AUTHORITY  AND THE NAME OF THE PURCHASER FOR ALL SUCH
PROPERTY DISPOSED OF BY THE AUTHORITY DURING SUCH PERIOD.
  (B) THE AUTHORITY SHALL DELIVER COPIES OF SUCH REPORT TO THE INDEPEND-
ENT AUTHORITIES BUDGET OFFICE, THE MAYOR, THE CITY COMPTROLLER, THE  NEW
YORK CITY COUNCIL AND THE STATE LEGISLATURE.
  C. DISPOSAL OF AUTHORITY PROPERTY. (1) EXCEPT AS OTHERWISE PROVIDED IN
THIS  SUBDIVISION,  THE  PROPERTY  MANAGEMENT  OFFICER DESIGNATED BY THE
AUTHORITY SHALL HAVE SUPERVISION OVER THE DISPOSITION OF PROPERTY OF THE
AUTHORITY.
  (2) THE CUSTODY AND CONTROL OF THE PROPERTY OF THE AUTHORITY,  PENDING
ITS  DISPOSITION,  AND THE DISPOSAL OF SUCH PROPERTY, SHALL BE PERFORMED
BY THE AUTHORITY.
  (3) SUBJECT TO SUBPARAGRAPH FIVE OF THIS PARAGRAPH, THE AUTHORITY  MAY
DISPOSE  OF  PROPERTY  FOR  NOT  LESS THAN THE FAIR MARKET VALUE OF SUCH
PROPERTY BY SALE, LEASE, EXCHANGE, OR TRANSFER,  FOR  CASH,  CREDIT,  OR
OTHER  PROPERTY, WITH OR WITHOUT WARRANTY, AND UPON SUCH OTHER TERMS AND
CONDITIONS AS THE AUTHORITY DEEMS PROPER, PROVIDED THAT SUCH  TERMS  AND
CONDITIONS  ARE CONSISTENT WITH INDUSTRY PRACTICES AND ARE COMPARABLE TO
TERMS AND  CONDITIONS  CONTAINED  IN  SIMILAR  AGREEMENTS  OR  CONTRACTS
BETWEEN  AND  BY  PRIVATE PARTIES, AND IT MAY EXECUTE SUCH DOCUMENTS FOR
THE TRANSFER OF TITLE OR OTHER INTEREST IN PROPERTY AND TAKE SUCH  OTHER
ACTION AS IT DEEMS NECESSARY OR PROPER TO DISPOSE OF SUCH PROPERTY UNDER
THE  PROVISIONS  OF THIS SUBDIVISION PROVIDED, HOWEVER, THAT NO DISPOSI-
TION OF REAL PROPERTY, OR ANY INTEREST IN REAL PROPERTY, SHALL  BE  MADE
UNLESS  AN  APPRAISAL  OF THE VALUE OF SUCH PROPERTY HAS BEEN MADE BY AN
INDEPENDENT APPRAISER AND INCLUDED IN THE  RECORD  OF  THE  TRANSACTION,
AND,  PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER PROPERTY, WHICH
BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES OF THE PROPOSED

A. 2677--B                          4

TRANSACTION IS NOT READILY VALUED BY REFERENCE TO AN ACTIVE  MARKET  FOR
SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR APPRAISAL.
  (4)  (A)  ALL  DISPOSALS  OR CONTRACTS FOR DISPOSAL OF PROPERTY OF THE
AUTHORITY MADE OR AUTHORIZED  BY  THE  AUTHORITY  SHALL  BE  MADE  AFTER
PUBLICLY  ADVERTISING  FOR BIDS EXCEPT AS PROVIDED IN CLAUSE (C) OF THIS
SUBPARAGRAPH.
  (B) WHENEVER PUBLIC ADVERTISING FOR BIDS IS REQUIRED UNDER CLAUSE  (A)
OF THIS SUBPARAGRAPH:
  (I) THE ADVERTISEMENT FOR BIDS SHALL BE MADE AT SUCH TIME PRIOR TO THE
DISPOSAL OR CONTRACT, THROUGH SUCH METHODS, AND ON SUCH TERMS AND CONDI-
TIONS  AS  SHALL  PERMIT  FULL  AND FREE COMPETITION CONSISTENT WITH THE
VALUE AND NATURE OF THE PROPERTY;
  (II) ALL BIDS SHALL BE PUBLICLY DISCLOSED AT THE TIME AND PLACE STATED
IN THE ADVERTISEMENT; AND
  (III) THE AWARD SHALL BE MADE WITH REASONABLE PROMPTNESS BY NOTICE  TO
THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS,
WILL  BE  MOST  ADVANTAGEOUS  TO  THE AUTHORITY, PRICE AND OTHER FACTORS
CONSIDERED; PROVIDED, THAT ALL BIDS MAY BE REJECTED WHEN IT  IS  IN  THE
PUBLIC INTEREST TO DO SO.
  (C) DISPOSALS AND CONTRACTS FOR DISPOSAL OF PROPERTY MAY BE NEGOTIATED
OR  MADE BY PUBLIC AUCTION WITHOUT REGARD TO CLAUSES (A) AND (B) OF THIS
SUBPARAGRAPH BUT SUBJECT TO OBTAINING SUCH COMPETITION  AS  IS  FEASIBLE
UNDER THE CIRCUMSTANCES, IF:
  (I)  THE  PERSONAL  PROPERTY  INVOLVED HAS QUALITIES SEPARATE FROM THE
UTILITARIAN PURPOSE OF SUCH PROPERTY, SUCH AS ARTISTIC QUALITY, ANTIQUI-
TY, HISTORICAL SIGNIFICANCE, RARITY, OR OTHER QUALITY OF SIMILAR EFFECT,
THAT WOULD TEND TO INCREASE ITS VALUE, OR IF THE PERSONAL PROPERTY IS TO
BE SOLD IN SUCH QUANTITY THAT, IF IT WERE DISPOSED OF UNDER CLAUSES  (A)
AND  (B) OF THIS SUBPARAGRAPH, WOULD ADVERSELY AFFECT THE STATE OR LOCAL
MARKET FOR SUCH PROPERTY, AND THE ESTIMATED FAIR MARKET  VALUE  OF  SUCH
PROPERTY  AND  OTHER  SATISFACTORY  TERMS OF DISPOSAL CAN BE OBTAINED BY
NEGOTIATION;
  (II) THE FAIR MARKET VALUE OF THE PROPERTY DOES NOT EXCEED FIFTY THOU-
SAND DOLLARS;
  (III) BID PRICES AFTER ADVERTISING THEREFOR ARE NOT REASONABLE, EITHER
AS TO ALL OR SOME PART OF THE PROPERTY, OR HAVE NOT  BEEN  INDEPENDENTLY
ARRIVED AT IN OPEN COMPETITION;
  (IV)  THE  DISPOSAL WILL BE TO THE STATE OR ANY POLITICAL SUBDIVISION,
AND THE ESTIMATED FAIR MARKET VALUE OF THE PROPERTY AND OTHER  SATISFAC-
TORY TERMS OF DISPOSAL ARE OBTAINED BY NEGOTIATION;
  (V)  UNDER  THOSE CIRCUMSTANCES PERMITTED BY SUBPARAGRAPH FIVE OF THIS
PARAGRAPH; OR
  (VI) SUCH ACTION IS OTHERWISE AUTHORIZED BY LAW.
  (D) (I) AN EXPLANATORY STATEMENT SHALL  BE  PREPARED  OF  THE  CIRCUM-
STANCES OF EACH DISPOSAL BY NEGOTIATION OF:
  (A)  ANY PERSONAL PROPERTY WHICH HAS AN ESTIMATED FAIR MARKET VALUE IN
EXCESS OF FIFTY THOUSAND DOLLARS;
  (B) ANY REAL PROPERTY THAT HAS  AN  ESTIMATED  FAIR  MARKET  VALUE  IN
EXCESS OF FIFTY THOUSAND DOLLARS;
  (C)  ANY REAL PROPERTY DISPOSED OF AT BELOW FAIR MARKET VALUE OR FOR A
NOMINAL PRICE.
  (II) EACH SUCH STATEMENT SHALL BE TRANSMITTED TO THE PERSONS  ENTITLED
TO  RECEIVE  COPIES  OF  THE  REPORT  REQUIRED UNDER PARAGRAPH B OF THIS
SUBDIVISION NOT LESS THAN NINETY DAYS IN ADVANCE OF SUCH DISPOSAL, AND A
COPY THEREOF SHALL BE PRESERVED IN THE FILES OF THE AUTHORITY.

A. 2677--B                          5

  (5) (A) NO PROPERTY OWNED, LEASED OR OTHERWISE IN THE CONTROL  OF  THE
AUTHORITY  MAY BE SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN ITS
FAIR MARKET VALUE EXCEPT:
  (I)  IF  THE  PURCHASER, LESSEE OR TRANSFEREE IS A GOVERNMENT OR OTHER
PUBLIC ENTITY, AND THE TERMS AND CONDITIONS OF THE  DISPOSITION  REQUIRE
THAT  THE OWNERSHIP AND USE OF THE ASSET WILL REMAIN WITH THE GOVERNMENT
OR ANY OTHER PUBLIC ENTITY; OR
  (II) IF THE AUTHORITY SEEKS TO DISPOSE OF PROPERTY FOR LESS  THAN  ITS
FAIR  MARKET  VALUE  TO  OTHER  THAN A GOVERNMENTAL ENTITY THE AUTHORITY
SHALL PROVIDE WRITTEN NOTIFICATION THEREOF TO THE MAYOR, THE CITY  COMP-
TROLLER, THE STATE LEGISLATURE AND THE NEW YORK CITY COUNCIL.
  (B)  IN  THE  EVENT  A BELOW FAIR MARKET VALUE PROPERTY DISPOSITION IS
PROPOSED, THE FOLLOWING INFORMATION MUST BE PROVIDED TO THE  MAYOR,  THE
CITY  COMPTROLLER,  THE  STATE LEGISLATURE AND THE NEW YORK CITY COUNCIL
AND THE GENERAL PUBLIC:
  (I) A FULL DESCRIPTION OF THE PROPERTY;
  (II) AN APPRAISAL OF THE FAIR MARKET VALUE OF  THE  PROPERTY  AND  ANY
OTHER INFORMATION ESTABLISHING THE FAIR MARKET VALUE;
  (III)  A DESCRIPTION OF THE PURPOSE OF THE DISPOSITION AND A STATEMENT
OF THE KIND AND AMOUNT OF THE BENEFIT TO THE RESIDENTS OF  THE  AUTHORI-
TY'S  HOUSING  RESULTING FROM THE DISPOSITION, INCLUDING BUT NOT LIMITED
TO, THE BENEFITS, IF ANY, TO THE COMMUNITIES IN WHICH  THE  PROPERTY  IS
SITUATED;
  (IV) A STATEMENT OF THE FINANCIAL VALUE TO BE RECEIVED BY THE AUTHORI-
TY AND BY THE PRIVATE PARTIES PARTICIPATING OR OTHERWISE INVOLVED IN THE
PROPERTY  COMPARED  TO THE FAIR MARKET VALUE, INCLUDING THE PROJECTED OR
POTENTIAL VALUE OF ANY TAX CREDITS, EXEMPTIONS, GOVERNMENT SUBSIDIES  OR
GRANTS, OR REAL PROPERTY TAX ABATEMENTS GIVEN TO THE PRIVATE PARTIES;
  (V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING IN THE DISPOSITION,
AND  IF  DIFFERENT THAN THE STATEMENT REQUIRED BY SUBCLAUSE (IV) OF THIS
CLAUSE, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY;
  (VI) THE NAMES OF OTHER PRIVATE PARTIES WHO HAVE  MADE  AN  OFFER  FOR
SUCH PROPERTY, THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE PROPERTY
WAS SOUGHT TO BE USED; AND
  (VII) AN ANALYSIS COMPARING THE VALUE OR CONSIDERATION RECEIVED BY THE
AUTHORITY FOR A DISPOSITION OF AUTHORITY REAL PROPERTY WITH THE VALUE OR
CONSIDERATION THAT A PRIVATE PARTY PURCHASER OR LESSOR WOULD RECEIVE FOR
DISPOSING OF SIMILARLY-SITUATED OR COMPARABLE REAL PROPERTY AND EXPLAIN-
ING  THE  DIFFERENCES  OR  DISCREPANCIES BETWEEN TWO VALUES OR CONSIDER-
ATION.
  (C) BEFORE APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS  THAN  FAIR
MARKET  VALUE,  THE  BOARD  SHALL  CONSIDER THE INFORMATION DESCRIBED IN
CLAUSE (B) OF THIS SUBPARAGRAPH AND MAKE A  WRITTEN  DETERMINATION  THAT
THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED BELOW-MARKET DISPOSI-
TION THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH DISPOSITION. THE DETER-
MINATION  SHALL  INCLUDE  THE  REASONS  FOR DISPOSING OF THE PROPERTY AT
BELOW FAIR MARKET VALUE.
  D. PUBLIC HEARINGS. (1) IN ADDITION TO THE  PUBLIC  HEARINGS  REQUIRED
PURSUANT  TO  FEDERAL  LAWS  AND  REGULATIONS,  THE AUTHORITY SHALL ALSO
CONDUCT AT LEAST ONE PUBLIC HEARING AT THE DEVELOPMENT,  PROJECT,  HOUSE
OR  SITE  IN  WHICH  THE  DISPOSITION  IS  BEING PLANNED OR PROPOSED, AS
FOLLOWS:
  (A) AT LEAST TEN DAYS PRIOR  TO  THE  DATE  WHEN  THE  APPLICATION  TO
DISPOSE OF THE AFFECTED PROPERTY IS PRESENTED TO THE AUTHORITY'S GOVERN-
ING  BOARD  FOR  APPROVAL. THE HEARING SHALL INCLUDE A FULL AND DETAILED
PRESENTATION ON THE APPRAISAL OF THE SUBJECT PROPERTY;

A. 2677--B                          6

  (B) IF THE AUTHORITY MAKES A SIGNIFICANT AMENDMENT TO THE  APPLICATION
AT ANY TIME AFTER THE PUBLIC HEARING CONDUCTED PURSUANT TO CLAUSE (A) OF
THIS  SUBPARAGRAPH.  THE  AUTHORITY  MAY  NOT  SUBMIT  THE AMENDMENT AND
FORWARD THE AMENDED APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND
URBAN  DEVELOPMENT UNTIL THE AUTHORITY HAS CONDUCTED A PUBLIC HEARING ON
THE SIGNIFICANT AMENDMENT. FOR THE PURPOSES OF THIS CLAUSE, "SIGNIFICANT
AMENDMENT" SHALL MEAN: ANY CHANGE TO THE APPLICATION THAT  WILL  IN  ANY
WAY  IMPAIR,  CHANGE  OR  AFFECT  THE  RIGHTS  OF,  AND BENEFITS TO, THE
AFFECTED RESIDENTS, THE AFFECTED HOUSING DEVELOPMENT OR PROJECT  OR  THE
RESIDENTS  OF  PUBLIC HOUSING; AND THAT IS NOT MERELY CORRECTING A TYPO-
GRAPHICAL ERROR, OR MAKING CONFORMING OR TECHNICAL AMENDMENTS; AND
  (C) WITHIN FIFTEEN DAYS AFTER THE AUTHORITY HAS RECEIVED APPROVAL FROM
THE FEDERAL DEPARTMENT OF HOUSING AND URBAN RENEWAL ON  THE  APPLICATION
TO  DISPOSE  OF  THE  PROPERTY. THE AUTHORITY SHALL NOT BE AUTHORIZED TO
IMPLEMENT THE APPROVED APPLICATION UNTIL SUCH PUBLIC  HEARING  HAS  BEEN
HELD.
  (2)  THE  AUTHORITY  SHALL PROVIDE WRITTEN NOTICE IN A MANNER AND FORM
SUFFICIENT TO INFORM THE AFFECTED RESIDENTS,  TENANT  ORGANIZATIONS  AND
THE  PUBLIC  AT  LEAST TEN DAYS BEFORE THE DATE OF ANY PUBLIC HEARING IS
CONDUCTED PURSUANT TO THIS PARAGRAPH.
  E. BOARD ACTION. (1) AS A CONDITION FOR ITS SUBMISSION TO THE  FEDERAL
DEPARTMENT  OF HOUSING AND URBAN DEVELOPMENT, THE APPLICATION TO DISPOSE
OF REAL PROPERTY SHALL BE APPROVED  BY  THE  MEMBERS  OF  THE  AUTHORITY
PURSUANT TO A BOARD RESOLUTION, AS PROVIDED IN THIS PARAGRAPH.
  (2)  THE  RESOLUTION MUST BE DATED AFTER THE DATE OF THE LAST RESIDENT
MEETING AND AFTER THE DATE OF ANY LETTER OF SUPPORT FROM THE APPROPRIATE
GOVERNMENT OFFICIALS RELATING TO THE APPLICATION, AND SHALL  SET  FORTH,
AMONG OTHER THINGS:
  (A)  THE  DATES  AND A DESCRIPTION OF THE CONSULTATION WITH RESIDENTS,
TENANT ORGANIZATIONS AND OTHER INTERESTED PARTIES;
  (B) THE DATES AND A DESCRIPTION OF ANY CONSULTATION WITH LOCAL GOVERN-
MENT OFFICIALS; AND
  (C) LETTERS OF SUPPORT FROM THE APPROPRIATE TENANT  ORGANIZATIONS  AND
PUBLIC OFFICIALS.
  10-A.  PROJECT  TRACKING  SYSTEM. A. THE AUTHORITY SHALL ESTABLISH AND
MAINTAIN A SYSTEM TO TRACK, MONITOR AND ASSESS THE STATUS  AND  PROGRESS
OF  ALL  CAPITAL  PROJECTS, AND ALL DISPOSITION PROJECTS APPROVED BY THE
FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OF EVERY MAINTE-
NANCE OR REPAIR PROJECT PERFORMED BY  THE  DEPARTMENT.  THE  INFORMATION
CONTAINED IN ANY SUCH SYSTEM SHALL INCLUDE, AT A MINIMUM:
  (1) A DESCRIPTION OF THE PROJECT, INCLUDING ITS LOCATION;
  (2) THE CATEGORY OR TYPE OF REPAIR, IF APPLICABLE;
  (3) THE ORIGINAL START DATE;
  (4) THE ACTUAL START DATE, IF DIFFERENT THAN THE ORIGINAL START DATE;
  (5) THE ORIGINAL BUDGET;
  (6) THE CURRENT BUDGET;
  (7) THE FINAL COST OF THE PROJECT;
  (8) THE CURRENT PHASE OF THE PROJECT;
  (9) THE ORIGINAL COMPLETION DATE; AND
  (10)  THE  ACTUAL  COMPLETION  DATE,  IF  DIFFERENT  THAN THE ORIGINAL
COMPLETION DATE.
  B. THE SYSTEM SHALL BE OPEN AND AVAILABLE  TO  THE  AUTHORITY'S  RESI-
DENTS.  THE AUTHORITY SHALL ENSURE THAT THE INFORMATION CONTAINED IN THE
TRACKING SYSTEM IS AVAILABLE ON THE AUTHORITY'S WEBSITE.

A. 2677--B                          7

  C.  THE  AUTHORITY  SHALL  ISSUE  A REPORT, AT LEAST ANNUALLY, SETTING
FORTH AND EXPLAINING THE INFORMATION CONTAINED IN THE  TRACKING  SYSTEM,
INCLUDING:
  (1)  THE  TOTAL  NUMBER  OF  REQUESTS FOR REPAIRS, BROKEN DOWN BY WORK
TYPES OR CATEGORIES;
  (2) THE TOTAL NUMBER OF PENDING OR OUTSTANDING PROJECTS,  BROKEN  DOWN
BY WORK TYPES OR CATEGORIES;
  (3) THE TOTAL NUMBER OF PROJECTS COMPLETED;
  (4)  THE  AVERAGE  NUMBER  OF  DAYS  TO COMPLETE MAINTENANCE OR REPAIR
PROJECTS, BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
  (5) THE TOTAL NUMBER OF MAINTENANCE AND REPAIR PROJECTS NOT COMPLETED,
BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
  (6) AN ESTIMATE OF THE NUMBER OF DAYS REQUIRED TO COMPLETE ALL OF  THE
PROJECTS, INCLUDING ANY BACKLOGS;
  (7)  AN  EXPLANATION  OR REASONS FOR ANY DELAYS IN THE COMPLETION OF A
PROJECT IN A TIMELY MANNER; AND
  (8) AN EXPLANATION OR REASONS WHY THE COSTS OF A PROJECT EXCEEDED  THE
ORIGINAL BUDGET, IF APPLICABLE.
  11.  REPORTING  REQUIREMENTS.    A.  THE AUTHORITY SHALL SUBMIT TO THE
INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED  PURSUANT  TO  SECTION
FOUR OF THE PUBLIC AUTHORITIES LAW, THE MAYOR AND THE COMPTROLLER OF THE
CITY OF NEW YORK AND THE STATE LEGISLATURE, WITHIN NINETY DAYS AFTER THE
END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OR REPORTS TO THE
EXTENT  THAT  SUCH  MATTERS  ARE  NOT FULLY REPORTED OR DISCLOSED IN THE
ANNUAL INDEPENDENT AUDIT REPORT PURSUANT  TO  THIS  SUBDIVISION  SETTING
FORTH:    (1) ITS FINANCIAL REPORTS, INCLUDING (A) AUDITED FINANCIALS IN
ACCORDANCE WITH  ALL  APPLICABLE  REGULATIONS  AND  FOLLOWING  GENERALLY
ACCEPTED  ACCOUNTING  PRINCIPLES,  (B)  GRANT  AND SUBSIDY PROGRAMS, (C)
OPERATING AND FINANCIAL RISKS, AND (D) LONG-TERM LIABILITIES,  INCLUDING
LEASES  AND  EMPLOYEE  BENEFIT  PLANS;  (2) A COMPENSATION SCHEDULE THAT
SHALL INCLUDE, BY POSITION, TITLE AND NAME OF THE  PERSON  HOLDING  SUCH
POSITION  OR  TITLE, THE SALARY, COMPENSATION, ALLOWANCE AND/OR BENEFITS
PROVIDED TO ANY OFFICER, DIRECTOR OR EMPLOYEE IN A  DECISION  MAKING  OR
MANAGERIAL  POSITION  OF SUCH AUTHORITY WHOSE SALARY IS IN EXCESS OF ONE
HUNDRED THOUSAND DOLLARS; (3) BIOGRAPHICAL  INFORMATION,  NOT  INCLUDING
CONFIDENTIAL  PERSONAL INFORMATION, FOR ALL DIRECTORS AND SENIOR MANAGE-
MENT; (4) AN ASSESSMENT OF THE EFFECTIVENESS  OF  ITS  INTERNAL  CONTROL
STRUCTURE  AND  PROCEDURES;  (5)  A DESCRIPTION OF THE AUTHORITY AND ITS
BOARD  STRUCTURE,  INCLUDING  (A)  NAMES  OF  COMMITTEES  AND  COMMITTEE
MEMBERS, (B) LISTS OF BOARD MEETINGS AND ATTENDANCE, (C) DESCRIPTIONS OF
MAJOR  AUTHORITY  DIVISIONS,  DEPARTMENTS AND BUREAUS, AND (D) THE TOTAL
NUMBER OF FULL AND PART-TIME EMPLOYEES; (6) ITS BY-LAWS; (7)  A  LISTING
OF  MATERIAL  CHANGES  IN  OPERATIONS  AND PROGRAMS DURING THE REPORTING
YEAR; (8) AT A MINIMUM, A FOUR-YEAR  FINANCIAL  PLAN,  INCLUDING  (A)  A
CURRENT  AND  PROJECTED  CAPITAL  BUDGET,  AND  (B)  AN OPERATING BUDGET
REPORT, INCLUDING AN ACTUAL VERSUS ESTIMATED BUDGET,  WITH  AN  ANALYSIS
AND   MEASUREMENT   OF   FINANCIAL  AND  OPERATING  PERFORMANCE;  (9)  A
DESCRIPTION OF THE TOTAL AMOUNTS OF ASSETS OR SERVICES  OR  BOTH  ASSETS
AND  SERVICES  BOUGHT OR SOLD WITHOUT COMPETITIVE BIDDING, INCLUDING (A)
THE NATURE OF THOSE ASSETS OR SERVICES, (B) THE NAMES OF THE PARTIES  TO
THE TRANSACTION, AND (C) WHERE THE CONTRACT PRICE FOR ASSETS OR SERVICES
PURCHASED  EXCEEDS  FAIR  MARKET  VALUE, OR WHERE THE CONTRACT PRICE FOR
ASSETS OR SERVICES SOLD IS LESS  THAN  FAIR  MARKET  VALUE,  A  DETAILED
EXPLANATION OF THE JUSTIFICATION FOR MAKING THE PURCHASE OR SALE WITHOUT
COMPETITIVE  BIDDING,  AND  A CERTIFICATION BY THE CHAIRPERSON AND CHIEF
FINANCIAL OFFICER OF THE AUTHORITY THAT THEY HAVE REVIEWED THE TERMS  OF

A. 2677--B                          8

SUCH  PURCHASE  OR  SALE AND DETERMINED THAT IT COMPLIES WITH APPLICABLE
LAW AND PROCUREMENT GUIDELINES; (10)  A  LIST  AND  DESCRIPTION  OF  THE
DISPOSITION  PROJECTS  UNDERTAKEN  BY  THE  AUTHORITY IN THE PAST FISCAL
YEAR, IN THE CURRENT FISCAL YEAR, AND IN THE FOLLOWING FISCAL YEAR; (11)
A  LIST  AND DESCRIPTION OF ALL REAL PROPERTY OWNED, CONTROLLED OR OPER-
ATED BY THE AUTHORITY, REGARDLESS OF SIZE OR  VALUE;  (12)  A  LIST  AND
DESCRIPTION  OF  ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY FOR A PRICE
OF FIFTY THOUSAND DOLLARS OR MORE IN THE CURRENT FISCAL YEAR, REGARDLESS
OF WHETHER THE PURCHASE WAS FOR CASH, MORTGAGE, IN-KIND SERVICES OR  ANY
OTHER  CONSIDERATION; (13) A LIST AND DESCRIPTION OF ANY OTHER ASSETS OR
PROPERTY, THE VALUE OF WHICH EXCEEDS TEN THOUSAND DOLLARS; (14)  A  LIST
AND  DESCRIPTION  OF  ANY  SERVICE OR EMPLOYMENT CONTRACTS, THE VALUE OF
WHICH EXCEEDS FIFTY THOUSAND DOLLARS, TO WHICH THE AUTHORITY IS A PARTY;
(15) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES
IN AUTHORITY CONTRACTS AND SERVICES; (16) EMPLOYMENT NUMBERS RELATING TO
THE AUTHORITY'S RESIDENT EMPLOYMENT PROGRAM  FOR  THE  REPORTING  FISCAL
YEAR, INCLUDING BUT NOT LIMITED TO, THE TOTAL NUMBER OF POSITIONS AVAIL-
ABLE, BROKEN DOWN BY THE TYPE OF JOBS; THE NUMBER OF APPLICANTS FOR EACH
POSITION; THE LENGTH OF EMPLOYMENT OF EACH POSITION; THE RATE OF PAY AND
BENEFITS  FOR  EACH  POSITION;  AND  THE NUMBER OF POSITIONS THAT LED TO
FULL-TIME EMPLOYMENT FOR PARTICIPATING RESIDENTS; AND (17) A DESCRIPTION
OF ANY MATERIAL PENDING LITIGATION IN WHICH THE AUTHORITY IS INVOLVED AS
A PARTY DURING THE REPORTING YEAR.
  B. (1) THE AUTHORITY SHALL MAKE ACCESSIBLE  TO  THE  PUBLIC,  VIA  ITS
OFFICIAL  WEB SITE, THE REPORT OR REPORTS REQUIRED PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION EXCEPT INFORMATION THAT IS EXEMPT FROM  DISCLOSURE
PURSUANT  TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE AUTHORITY SHALL
ALSO PREPARE AND MAKE ACCESSIBLE A SUMMARY IN PLAIN ENGLISH OF THE PRIN-
CIPAL INFORMATION IN ITS OPERATING AND CAPITAL BUDGET AND CONCLUSIONS TO
BE DRAWN FROM IT. ANY FINANCIAL INFORMATION REQUIRED TO BE POSTED ON THE
WEBSITE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE PRESENTED IN
A DOWNLOADABLE, SEARCHABLE FORMAT.
  (2) THE AUTHORITY SHALL ALSO PREPARE AND  MAKE  AVAILABLE  FOR  PUBLIC
INSPECTION  ON  ITS WEBSITE: (A) INFORMATION THAT DETAILS THE SOURCES OF
DATA AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
OPERATING AND CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT  WITH  GENERALLY
ACCEPTED  BUDGETARY  PRACTICES;  (B) WITHIN SIXTY DAYS OF THE RELEASE OF
THE ADOPTED BUDGET, MONTHLY PROJECTIONS FOR THE CURRENT FISCAL  YEAR  OF
ALL REVENUE AND EXPENSES, AND STAFFING FOR THE AUTHORITY; (C) THE STATUS
OF  CAPITAL  PROJECTS  BY  CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED TO
COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND  (D)  AN  EXPLANATION  OF
MATERIAL  VARIANCES  FROM  THE  CAPITAL  PLAN, SUCH AS COST OVERRUNS AND
DELAYS.
  C. EVERY FINANCIAL REPORT SUBMITTED UNDER THIS  SUBDIVISION  SHALL  BE
APPROVED  BY  THE  BOARD  AND SHALL BE CERTIFIED IN WRITING BY THE CHIEF
EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER OF THE AUTHORITY  THAT
BASED ON THE OFFICER'S KNOWLEDGE (1) THE INFORMATION PROVIDED THEREIN IS
ACCURATE,  CORRECT AND DOES NOT CONTAIN ANY UNTRUE STATEMENT OF MATERIAL
FACT; (2) DOES NOT OMIT ANY MATERIAL FACT WHICH, IF OMITTED, WOULD CAUSE
THE FINANCIAL STATEMENTS TO BE MISLEADING IN LIGHT OF THE  CIRCUMSTANCES
UNDER  WHICH  SUCH  STATEMENTS  ARE MADE; AND (3) FAIRLY PRESENTS IN ALL
MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS  OF
THE  AUTHORITY  AS  OF,  AND FOR, THE PERIODS PRESENTED IN THE FINANCIAL
STATEMENTS.
  12. ANNUAL INDEPENDENT AUDIT REPORT.  A. THE AUTHORITY SHALL SUBMIT TO
THE INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED  PURSUANT  TO  THE

A. 2677--B                          9

PUBLIC  AUTHORITIES  LAW,  THE  MAYOR AND COMPTROLLER OF THE CITY OF NEW
YORK, AND THE STATE LEGISLATURE, TOGETHER WITH THE REPORT  DESCRIBED  IN
SUBDIVISION  ELEVEN  OF  THIS  SECTION, A COPY OF THE ANNUAL INDEPENDENT
AUDIT REPORT, PERFORMED BY A CERTIFIED PUBLIC ACCOUNTING FIRM IN ACCORD-
ANCE  WITH  GENERALLY ACCEPTED AUDITING STANDARDS, AND MANAGEMENT LETTER
AND ANY OTHER EXTERNAL EXAMINATION OF THE  BOOKS  AND  ACCOUNTS  OF  THE
AUTHORITY.
  B.  THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM THAT PERFORMS ANY
AUDIT REQUIRED BY THIS SUBDIVISION SHALL  TIMELY  REPORT  TO  THE  BOARD
MEMBERS OF THE AUTHORITY: (1) ALL CRITICAL ACCOUNTING POLICIES AND PRAC-
TICES  TO  BE USED; (2) ALL ALTERNATIVE TREATMENTS OF FINANCIAL INFORMA-
TION WITHIN GENERALLY ACCEPTED  ACCOUNTING  PRINCIPLES  THAT  HAVE  BEEN
DISCUSSED  WITH  MANAGEMENT OFFICIALS OF THE AUTHORITY, RAMIFICATIONS OF
THE USE OF SUCH ALTERNATIVE DISCLOSURES AND TREATMENTS, AND  THE  TREAT-
MENT  PREFERRED BY THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM; AND
(3) OTHER MATERIAL WRITTEN COMMUNICATIONS BETWEEN  THE  CERTIFIED  INDE-
PENDENT PUBLIC ACCOUNTING FIRM AND THE MANAGEMENT OF THE AUTHORITY, SUCH
AS  THE  MANAGEMENT  LETTER  ALONG WITH MANAGEMENT'S RESPONSE OR PLAN OF
CORRECTIVE ACTION, MATERIAL CORRECTIONS IDENTIFIED OR SCHEDULE OF  UNAD-
JUSTED DIFFERENCES, WHERE APPLICABLE.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING SUCH  AUTHORITY'S
ANNUAL  INDEPENDENT AUDIT WILL BE PROHIBITED IN PROVIDING AUDIT SERVICES
TO THE AUTHORITY IF THE LEAD (OR  COORDINATING)  AUDIT  PARTNER  (HAVING
PRIMARY  RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT PARTNER RESPONSIBLE
FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT SERVICES FOR THE  AUTHORITY
IN EACH OF THE FIVE PREVIOUS FISCAL YEARS.
  D.  THE  CERTIFIED  INDEPENDENT  PUBLIC ACCOUNTING FIRM PERFORMING THE
AUTHORITY'S AUDIT SHALL BE  PROHIBITED  FROM  PERFORMING  ANY  NON-AUDIT
SERVICES  TO  SUCH  AUTHORITY  CONTEMPORANEOUSLY  WITH THE AUDIT, UNLESS
RECEIVING PREVIOUS WRITTEN APPROVAL BY THE BOARD  INCLUDING:  (1)  BOOK-
KEEPING OR OTHER SERVICES RELATED TO THE ACCOUNTING RECORDS OR FINANCIAL
STATEMENTS  OF  SUCH AUTHORITY; (2) FINANCIAL INFORMATION SYSTEMS DESIGN
AND IMPLEMENTATION; (3) APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPIN-
IONS,  OR  CONTRIBUTION-IN-KIND  REPORTS;  (4)  ACTUARIAL  SERVICES; (5)
INTERNAL AUDIT OUTSOURCING SERVICES; (6) MANAGEMENT FUNCTIONS  OR  HUMAN
SERVICES;  (7) BROKER OR DEALER, INVESTMENT ADVISOR, OR INVESTMENT BANK-
ING SERVICES; AND (8) EXPERT SERVICES UNRELATED TO THE AUDIT.
  E. IT  SHALL  BE  PROHIBITED  FOR  ANY  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING OFFI-
CER, OR ANY OTHER PERSON SERVING  IN  AN  EQUIVALENT  POSITION  FOR  THE
AUTHORITY,  WAS EMPLOYED BY THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING
FIRM AND PARTICIPATED IN ANY CAPACITY IN  THE  AUDIT  OF  THE  AUTHORITY
DURING  THE  ONE YEAR PERIOD PRECEDING THE DATE OF THE INITIATION OF THE
AUDIT.
  F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY EXEMPT INFORMATION FROM DISCLOSURE OR REPORT, IF THE COUNSEL OF SUCH
AUTHORITY DEEMS THAT SUCH INFORMATION IS COVERED BY ARTICLE SIX  OF  THE
PUBLIC OFFICERS LAW.
  13.  WHISTLEBLOWER  PROTECTION.   A. FOR THE PURPOSES OF THIS SUBDIVI-
SION:
  (1) "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
NEW YORK.

A. 2677--B                         10

  (2) "EMPLOYEES" MEANS THOSE PERSONS EMPLOYED AT THE AUTHORITY, INCLUD-
ING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOY-
EES ON PROBATION, AND TEMPORARY EMPLOYEES.
  (3)  "INSPECTOR  GENERAL"  SHALL  MEAN  THE  INSPECTOR  GENERAL OF THE
AUTHORITY APPOINTED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
  (4) "WHISTLEBLOWER" SHALL MEAN  ANY  EMPLOYEE  OF  THE  AUTHORITY  WHO
DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEA-
SANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER OF
THE  AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL, ACQUISI-
TION OF REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL  OR  PERSONAL
PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
  B.  THE  BOARD  OF  THE AUTHORITY SHALL ESTABLISH WRITTEN POLICIES AND
PROCEDURES PROTECTING EMPLOYEES FROM RETALIATION FOR DISCLOSING INFORMA-
TION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OR  OTHER
INAPPROPRIATE  BEHAVIOR BY A BOARD MEMBER OR AN EMPLOYEE OF THE AUTHORI-
TY, INCLUDING BUT NOT LIMITED TO, INVESTMENTS, TRAVEL,  THE  ACQUISITION
OF  REAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL PROPERTY, AND THE
PROCUREMENT OF GOODS AND SERVICES.
  C. THE INSPECTOR GENERAL, AFTER CONSULTATION WITH THE ATTORNEY  GENER-
AL,  SHALL  DEVELOP  A WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) EVALUATING AND COMMENTING ON WHISTLEBLOWER PROGRAMS  AND  POLICIES
BY BOARD;
  (2)  ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE TO
EMPLOYEES;
  (3) OFFERING ADVICE REGARDING EMPLOYEE RIGHTS UNDER  APPLICABLE  STATE
AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
  (4) OFFERING AN OPPORTUNITY FOR EMPLOYEES TO IDENTIFY CONCERNS REGARD-
ING ANY ISSUE AT THE AUTHORITY.
  D.  ANY  COMMUNICATIONS  BETWEEN AN EMPLOYEE AND THE INSPECTOR GENERAL
PURSUANT TO THIS SUBDIVISION SHALL BE HELD STRICTLY CONFIDENTIAL BY  THE
INSPECTOR  GENERAL,  UNLESS  THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING
THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALITY SHALL NOT
EXEMPT THE INSPECTOR GENERAL FROM  DISCLOSING  SUCH  INFORMATION,  WHERE
APPROPRIATE, TO ANY LAW ENFORCEMENT AUTHORITY.
  E. THE AUTHORITY SHALL NOT FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN,
HARASS  OR  DISCRIMINATE  AGAINST  AN EMPLOYEE BECAUSE OF THE EMPLOYEE'S
ROLE AS A WHISTLEBLOWER, INSOFAR AS THE ACTIONS TAKEN  BY  THE  EMPLOYEE
ARE LEGAL.
  14. LOBBYING CONTACTS. A. AS USED IN THIS SUBDIVISION:
  (1)  "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN THE LEGISLA-
TIVE LAW.
  (2) "LOBBYING" SHALL MEAN AND INCLUDE, BUT  NOT  BE  LIMITED  TO,  ANY
ATTEMPT TO INFLUENCE:
  (A)  THE  ADOPTION  OR  REJECTION OF ANY RULE OR REGULATION HAVING THE
FORCE AND EFFECT OF LAW BY THE AUTHORITY; OR
  (B) ANY DETERMINATION INVOLVING OR RELATING TO ANY CONTRACTS OR AGREE-
MENTS IN ANY AMOUNT OF THE AUTHORITY, INCLUDING PROCUREMENT CONTRACTS.
  (3) "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY  TELEPHONIC
OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
THE  ACT OF LOBBYING AND ANY PERSON WITHIN THE AUTHORITY WHO CAN MAKE OR
INFLUENCE A DECISION ON THE SUBJECT OF THE LOBBYING  ON  BEHALF  OF  THE
AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE BOARD AND
ALL OFFICERS OF THE AUTHORITY.
  B. THE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING CONTACTS MADE
WITH SUCH AUTHORITY.

A. 2677--B                         11

  C.  EVERY  BOARD  MEMBER,  OFFICER OR EMPLOYEE OF THE AUTHORITY WHO IS
CONTACTED BY A LOBBYIST SHALL MAKE  A  CONTEMPORANEOUS  RECORD  OF  SUCH
CONTACT  CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF THE
LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
  D. THE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIREMENTS OF
THIS  SUBDIVISION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL SUCH
RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH RECORDS FOR
NOT LESS THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO  ORGANIZE  SUCH
RECORDS  IN  A  MANNER  SO  AS  TO MAKE SUCH RECORDS USEFUL TO DETERMINE
WHETHER THE DECISIONS OF  THE  AUTHORITY  WERE  INFLUENCED  BY  LOBBYING
CONTACTS.
  15.  OFFICE  OF INSPECTOR GENERAL.  A. ESTABLISHMENT AND ORGANIZATION.
(1) THERE IS HEREBY ESTABLISHED THE OFFICE OF THE INSPECTOR  GENERAL  IN
THE AUTHORITY. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR GENERAL WHO
SHALL BE APPOINTED BY, AND REPORT TO, THE COMMISSIONER OF THE DEPARTMENT
OF INVESTIGATION OF THE CITY OF NEW YORK.
  (2)  THE  INSPECTOR GENERAL SHALL HOLD OFFICE AT THE DISCRETION OF THE
COMMISSIONER AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS  QUALI-
FIED.
  (3)  THE  INSPECTOR  GENERAL MAY APPOINT ONE OR MORE DEPUTY INSPECTORS
GENERAL TO SERVE AT HIS OR HER PLEASURE, WHO SHALL  BE  RESPONSIBLE  FOR
CONDUCTING INVESTIGATIONS IN THE AUTHORITY.
  B.  FUNCTIONS AND DUTIES. THE INSPECTOR GENERAL SHALL HAVE THE FOLLOW-
ING DUTIES AND RESPONSIBILITIES:
  (1) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,  CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE AUTHORITY;
  (2)  INFORM THE BOARD AND CHIEF EXECUTIVE DIRECTOR OF SUCH ALLEGATIONS
AND THE PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO,  UNLESS  SPECIAL
CIRCUMSTANCES REQUIRE CONFIDENTIALITY;
  (3)  DETERMINE  WITH  RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTIGATION  BY  AN
APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS;
  (4) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW,  SUBJECT  TO
REDACTION  TO  PROTECT  THE CONFIDENTIALITY OF WITNESSES. THE RELEASE OF
ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
TIALITY OF ONGOING INVESTIGATIONS;
  (5) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
AUTHORITY WITH REGARD TO THE PREVENTION  AND  DETECTION  OF  CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (6)  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT OR ELIMINATE CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
  (7) ESTABLISH PROGRAMS FOR TRAINING AUTHORITY OFFICERS  AND  EMPLOYEES
REGARDING  THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD, CRIMINAL
ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
  C. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
  (1) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
  (2) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
  (3) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT  OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (4)  NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY, EXAMINE AND COPY OR
REMOVE DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD  BY
THE AUTHORITY;

A. 2677--B                         12

  (5)  REQUIRE  ANY OFFICER OR EMPLOYEE OF THE AUTHORITY TO ANSWER QUES-
TIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE  OF  HIS  OR  HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED  AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
CUTION  OTHER  THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
THE REFUSAL OF ANY OFFICER OR EMPLOYEE  TO  ANSWER  QUESTIONS  SHALL  BE
CAUSE  FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
TY;
  (6) MONITOR THE IMPLEMENTATION BY THE AUTHORITY OF ANY RECOMMENDATIONS
MADE BY THE INSPECTOR GENERAL;
  (7) PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR  APPROPRIATE  TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
  D. RESPONSIBILITIES OF AUTHORITY OFFICERS AND EMPLOYEES. EVERY OFFICER
OR  EMPLOYEE  OF  THE  AUTHORITY  SHALL REPORT PROMPTLY TO THE INSPECTOR
GENERAL ANY INFORMATION CONCERNING CORRUPTION, FRAUD, CRIMINAL ACTIVITY,
CONFLICTS OF INTEREST OR ABUSE BY ANOTHER AUTHORITY OFFICER OR  EMPLOYEE
RELATING TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSI-
NESS DEALINGS WITH THE AUTHORITY RELATING TO THOSE DEALINGS. THE KNOWING
FAILURE  OF  ANY  OFFICER  OR  EMPLOYEE  TO SO REPORT SHALL BE CAUSE FOR
REMOVAL FROM OFFICE OR EMPLOYMENT  OR  OTHER  APPROPRIATE  PENALTY.  ANY
OFFICER  OR  EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING
TO THE INSPECTOR GENERAL  IMPROPER  GOVERNMENTAL  ACTION  SHALL  NOT  BE
SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
  16. FINANCIAL DISCLOSURE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
TO THE CONTRARY, BOARD MEMBERS, OFFICERS, AND EMPLOYEES OF THE AUTHORITY
SHALL FILE ANNUAL FINANCIAL DISCLOSURE STATEMENTS AS REQUIRED BY SECTION
12-110 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  17.  COMPLIANCE  WITH BUILDING CODES.   HOUSING AND OTHER BUILDINGS OR
STRUCTURES THAT ARE OWNED, CONTROLLED OR OPERATED BY THE AUTHORITY SHALL
BE MAINTAINED IN ACCORDANCE WITH THE BUILDING CODE OF THE  CITY  OF  NEW
YORK.  SUCH  CITY SHALL ENFORCE THE BUILDING CODE WITH RESPECT TO BUILD-
INGS AND STRUCTURES OF THE AUTHORITY PURSUANT TO THE  CITY  CHARTER  AND
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  18.  TENANT  ASSISTANCE.  A. FOR THE PURPOSES OF THIS SUBDIVISION, THE
TERM "CCOP" SHALL MEAN THE CITYWIDE COUNCIL OF PRESIDENTS, A BODY ESTAB-
LISHED BY THE AUTHORITY CONSISTING OF  EVERY  PRESIDENT  OF  A  RESIDENT
ASSOCIATION RECOGNIZED BY THE AUTHORITY.
  B. AT THE BEGINNING OF EVERY CALENDAR YEAR, THE AUTHORITY SHALL INFORM
THE CCOP EXECUTIVE BOARD REGARDING, AND MAKE AVAILABLE TO SUCH EXECUTIVE
BOARD,  THE  AMOUNT  OF  FEDERAL  FUNDS APPROPRIATED OR ALLOCATED TO, OR
OTHERWISE HELD BY, THE AUTHORITY FOR THE PURPOSES OF PROVIDING TECHNICAL
ASSISTANCE OR EDUCATION TO THE RESIDENTS OR  RESIDENT  ORGANIZATIONS  OF
THE AUTHORITY.
  C.  (1)  THE  CCOP EXECUTIVE BOARD, PURSUANT TO A PROCESS DEVELOPED BY
THE AUTHORITY, SHALL EXPEND OR USE SUCH FUNDS TO  RETAIN OR EMPLOY HOUS-
ING AND REAL ESTATE EXPERTS, SUCH AS ATTORNEYS,  ACCOUNTANTS,  FINANCIAL
ADVISORS, REAL PROPERTY APPRAISERS, TO PROVIDE ADVICE, COUNSEL AND OTHER
ASSISTANCE  TO  AFFECTED RESIDENTS OR RESIDENT ASSOCIATIONS OR ORGANIZA-
TIONS ON ANY REAL PROPERTY DEMOLITION OR DISPOSITION PROJECT PLANNED  OR
PROPOSED  BY  THE AUTHORITY; OR FOR ANY OTHER EXPENDITURES AUTHORIZED IN
APPLICABLE LAWS, RULES AND REGULATIONS.
  (2) THE CCOP EXECUTIVE BOARD SHALL MAKE SUCH EXPERTS AVAILABLE TO  ANY
TENANT  ASSOCIATION  OR  ORGANIZATION  AFFECTED BY A PLANNED OR PROPOSED
DISPOSITION OF THE AUTHORITY.

A. 2677--B                         13

  (3) SUCH EXPERTS SHALL BE PAID DIRECTLY FROM THE  FUNDS  APPROPRIATED,
ALLOCATED  OR  HELD  FOR  SUCH PURPOSE, AND SHALL REPORT DIRECTLY TO THE
CCOP EXECUTIVE BOARD.
  D.  AT  THE  END  OF THE CALENDAR YEAR, THE CCOP EXECUTIVE BOARD SHALL
PREPARE AND SUBMIT A REPORT TO THE AUTHORITY  SETTING  FORTH  THE  TOTAL
AMOUNT  OF  FUNDS  THAT  WERE  EXPENDED  DURING  THE CALENDAR YEAR AND A
DETAILED ACCOUNT ON HOW SUCH FUNDS WERE EXPENDED.
  19. SOLE SOURCE CONTACTS.   A. THE AUTHORITY  SHALL  NOTIFY  THE  CITY
COMPTROLLER  OF  THE  CITY OF NEW YORK OF ANY CONTRACTS OR CATEGORIES OF
CONTRACTS, THE VALUE OF WHICH EXCEEDS ONE  MILLION  DOLLARS,  WHERE  THE
CONTRACT  OR  CATEGORIES  OF  CONTRACTS IS PROPOSED TO BE AWARDED BY THE
AUTHORITY TO A SINGLE SOURCE, A SOLE SOURCE OR  PURSUANT  TO  ANY  OTHER
METHOD  OF  PROCUREMENT  THAT  IS NOT COMPETITIVE.   NOTWITHSTANDING ANY
PROVISIONS OF LAW TO  THE  CONTRARY,  SUCH  CONTRACT  OR  CATEGORIES  OF
CONTRACTS  ARE  SUBJECT  TO THE APPROVAL OF SUCH CITY COMPTROLLER.  SUCH
NOTIFICATION SHALL IDENTIFY THE PROCESS FOR SUBMISSION, THE CONTRACT  OR
CATEGORIES  OF  CONTRACTS  AT  ISSUE  AND THE TIME PERIOD FOR WHICH SUCH
SUBMISSION IS TO TAKE PLACE. THE CITY COMPTROLLER SHALL PROMULGATE  SUCH
RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO CARRY OUT HIS OR HER
RESPONSIBILITIES UNDER THIS SUBDIVISION, INCLUDING BUT  NOT  LIMITED  TO
THE  STANDARDS FOR DETERMINING WHICH CONTRACTS WILL BE SUBJECT TO HIS OR
HER REVIEW AND FOR APPROVING SUCH CONTRACTS.
  B. WHERE THE CITY COMPTROLLER, PURSUANT TO PARAGRAPH A OF THIS  SUBDI-
VISION,  HAS  NOTIFIED  THE  AUTHORITY  THAT  A  CONTRACT OR CATEGORY OF
CONTRACTS IS SUBJECT TO HIS OR HER APPROVAL, IF THE COMPTROLLER HAS  NOT
APPROVED  OR  DISAPPROVED  ANY  CONTRACT  SUBJECT TO HIS OR HER APPROVAL
WITHIN NINETY DAYS OF SUBMISSION TO HIS OR  HER  OFFICE,  SUCH  CONTRACT
SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
  C.  THIS SUBDIVISION SHALL NOT APPLY TO CONTRACTS ENTERED INTO FOR THE
PROCUREMENT OF GOODS, SERVICES OR BOTH GOODS AND SERVICES MADE  TO  MEET
EMERGENCIES ARISING FROM UNFORESEEN CAUSES OR TO EFFECT REPAIRS TO CRIT-
ICAL  INFRASTRUCTURE THAT ARE NECESSARY TO AVOID A DELAY IN THE DELIVERY
OF CRITICAL SERVICES THAT COULD COMPROMISE TENANT OR  PUBLIC  SAFETY  OR
WELFARE.
  S 3. Section 1678 of the public authorities law is amended by adding a
new subdivision 28 to read as follows:
  28.  TO  ENTER  INTO  A CONSTRUCTION MANAGEMENT AGREEMENT WITH THE NEW
YORK CITY HOUSING AUTHORITY, PURSUANT TO WHICH ONE  OR  MORE  BUILDINGS,
FACILITIES  OR  STRUCTURES OWNED, CONTROLLED OR OPERATED BY THE NEW YORK
CITY HOUSING AUTHORITY LOCATED IN  THE  CITY  OF  NEW  YORK  ARE  TO  BE
CONSTRUCTED,  RECONSTRUCTED,  REHABILITATED, IMPROVED, MODERNIZED, RENO-
VATED OR EXPANDED FOR SUCH AUTHORITY.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.