S. 4231--A 2
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) "AUTHORITIES 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
THIS SUBDIVISION, THE AUTHORITY'S ENABLING LEGISLATION AND ANY OTHER
S. 4231--A 3
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
TRANSACTION IS NOT READILY VALUED BY REFERENCE TO AN ACTIVE MARKET FOR
SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR APPRAISAL.
S. 4231--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:
S. 4231--A 5
(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;
(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
S. 4231--A 6
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.
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;
S. 4231--A 7
(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
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-
S. 4231--A 8
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.
D. AT THE REQUEST OF THE AUTHORITY, THE AUTHORITIES BUDGET OFFICE MAY
DETERMINE THAT THE REPORTS, RECORDS, DATA AND ANY OTHER INFORMATION
SUBMITTED BY THE AUTHORITY PURSUANT TO FEDERAL LAWS, RULES OR REGU-
LATIONS FULLY COMPLIES WITH OR OTHERWISE SATISFIES THE REPORTING
REQUIREMENTS SET FORTH IN THIS SUBDIVISION. THE AUTHORITIES BUDGET
OFFICE SHALL INFORM THE AUTHORITY OF ITS DETERMINATION AND MAY WAIVE
COMPLIANCE WITH PARAGRAPH A OF THIS SUBDIVISION OR SHALL SPECIFY THOSE
S. 4231--A 9
MATTERS SET FORTH IN SUCH PARAGRAPH A THAT THE AUTHORITY SHALL BE
REQUIRED TO SUBMIT A REPORT ON. ANY DETERMINATION MADE BY THE AUTHORI-
TIES BUDGET OFFICE PURSUANT TO THIS PARAGRAPH SHALL BE FINAL AND NOT
SUBJECT TO JUDICIAL REVIEW.
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-
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.
S. 4231--A 10
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.
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
S. 4231--A 11
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.
(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;
S. 4231--A 12
(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-
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:
(1) "CCOP" SHALL MEAN THE CITYWIDE COUNCIL OF PRESIDENTS, A BODY
ESTABLISHED BY THE AUTHORITY CONSISTING OF EVERY PRESIDENT OF A RESIDENT
ASSOCIATION RECOGNIZED BY THE AUTHORITY; AND
(2) "RAB" SHALL MEAN A RESIDENT ADVISORY BOARD, A BOARD CONSISTING OF
AUTHORITY RESIDENTS, REQUIRED TO BE ESTABLISHED PURSUANT TO FEDERAL
RULES AND REGULATIONS.
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 SHALL EXPEND OR USE SUCH FUNDS TO: (A)
RETAIN OR EMPLOY HOUSING 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 ORGANIZATIONS ON ANY REAL PROPERTY DEMOLITION OR DISPO-
SITION PROJECT PLANNED OR PROPOSED BY THE AUTHORITY; OR (B) FOR ANY
OTHER EXPENDITURES AUTHORIZED IN APPLICABLE LAWS, RULES AND REGULATIONS.
S. 4231--A 13
(2) THE CCOP EXECUTIVE BOARD SHALL INFORM EACH RAB OF THE AVAILABILITY
OF SUCH EXPERTS AND ANY OTHER RESOURCES. AT THE REQUEST OF A RAB, THE
CCOP EXECUTIVE BOARD SHALL MAKE SUCH EXPERTS AND OTHER RESOURCES AVAIL-
ABLE TO ANY RAB AFFECTED BY A PLANNED OR PROPOSED DISPOSITION BY THE
AUTHORITY.
(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
S. 4231--A 14
for the implementation of this act on its effective date is authorized
to be made and completed on or before such date.
