S T A T E O F N E W Y O R K
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5788
2017-2018 Regular Sessions
I N S E N A T E
April 28, 2017
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Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the public housing law, in relation to providing for the
appointment of an independent monitor for the New York city housing
authority, and providing for the powers and duties of such monitor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new section
402-d to read as follows:
§ 402-D. INDEPENDENT MONITOR. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, AN OFFICE OF INDEPENDENT
MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY. THE HEAD OF SUCH OFFICE
SHALL BE THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR, WHO
SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE FOR A TERM OF THREE YEARS; PROVIDED, HOWEVER, THAT AN INDEPENDENT
MONITOR MAY BE REMOVED, BY THE GOVERNOR, PRIOR TO THE EXPIRATION OF HIS
OR HER TERM, AFTER AN OPPORTUNITY TO BE HEARD, FOR SUBSTANTIAL NEGLECT
OF DUTY, GROSS MISCONDUCT IN OFFICE, OR INABILITY TO CARRY OUT THE
DUTIES OF SUCH OFFICE. ANY VACANCY IN THE OFFICE OF NEW YORK CITY HOUS-
ING AUTHORITY INDEPENDENT MONITOR PRIOR TO THE EXPIRATION OF HIS OR HER
TERM SHALL BE FILLED IN THE SAME MANNER AS PROVIDED FOR THE ORIGINAL
APPOINTMENT FOR THE REMAINDER OF SUCH UNEXPIRED TERM. UPON THE EXPIRA-
TION OF THE TERM OF ANY INDEPENDENT MONITOR, HIS OR HER SUCCESSOR SHALL
BE APPOINTED FOR A TERM OF FOUR YEARS.
2. THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR SHALL
EMPLOY AND MAY REMOVE SUCH PERSONNEL AS HE OR SHE MAY DEEM NECESSARY FOR
THE PERFORMANCE OF THE DUTIES OF THE OFFICE OF INDEPENDENT MONITOR FOR
THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO THIS SECTION, AND FIX
THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09672-01-7
S. 5788 2
3. (A) SUCH INDEPENDENT MONITOR, OR ANY OFFICER OR EMPLOYEE OF THE
OFFICE OF INDEPENDENT MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY AS
SHALL BE DESIGNATED BY HIM OR HER, SHALL HAVE THE AUTHORITY TO, AND MAY,
IN HIS OR HER SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR
IN PART, OF ANY PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED
CORRECTIVE OR OTHER ACTION TO THE NEW YORK CITY HOUSING AUTHORITY IN
CONNECTION WITH SUCH PROJECT.
(B) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN
ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING,
ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA-
BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR,
REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED
IN SECTION TWO OF THE STATE FINANCE LAW.
(C) THE NEW YORK CITY HOUSING AUTHORITY UPON UNDERTAKING SUCH PROJECT
SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE NEW YORK CITY HOUS-
ING AUTHORITY INDEPENDENT MONITOR, AND PROVIDE ACCESS TO ALL PERSONNEL,
BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY
BE NECESSARY FOR SUCH INDEPENDENT MONITOR TO PERFORM HIS OR HER DUTIES.
(D) IN THE EVENT THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONI-
TOR DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH A
PROJECT, THEN THE INDEPENDENT MONITOR SHALL HAVE THE AUTHORITY TO DIRECT
THAT THE NEW YORK CITY HOUSING AUTHORITY SHALL IMPLEMENT ALL CORRECTIVE
OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOMPLISH THE PROJECT, TO THE
EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL
COST TO SUCH AUTHORITY. SUCH CORRECTIVE OR OTHER ACTION SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES
OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI-
TIES;
(II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE;
(III) DETAILED ANALYSIS OF PROJECT BUDGET;
(IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES;
(V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS,
INSPECTIONS AND DEFICIENCIES;
(VI) TERMINATION OF CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER
CONSULTANTS;
(VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL
COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT;
(VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE
PUBLIC;
(IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI-
TIONAL RESOURCES PROVIDED BY THE NEW YORK CITY HOUSING AUTHORITY INDE-
PENDENT MONITOR; AND
(X) PERIODIC PROJECT REVIEW AND AUDIT BY THE NEW YORK CITY HOUSING
AUTHORITY INDEPENDENT MONITOR ON A SUITABLE TIME INTERVAL DETERMINED BY
SUCH MONITOR.
(E) THE NEW YORK CITY HOUSING AUTHORITY UPON PROPOSING A PUBLIC WORKS
PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF ONE
MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDI-
VISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS.
(F) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS
OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A
CONDITION OF PERFORMANCE.
4. THE INDEPENDENT MONITOR SHALL, ON OR BEFORE FEBRUARY FIRST EACH
YEAR, SUBMIT TO THE GOVERNOR, EACH CONFERENCE OF THE LEGISLATURE, THE
S. 5788 3
AUTHORITY, AND THE MAYOR AND THE CITY COUNCIL OF THE CITY OF NEW YORK, A
REPORT ON HIS OR HER ACTIVITIES PURSUANT TO THIS SECTION DURING THE
PREVIOUS CALENDAR YEAR, INCLUDING ANY CORRECTIVE ACTIONS THAT WERE
REQUIRED TO BE TAKEN, AND SHALL ALSO REPORT UPON THE STATUS OF ALL
PROJECTS UNDER TAKEN BY THE NEW YORK CITY HOUSING AUTHORITY AND WHETHER
SUCH PROJECTS ARE PROGRESSING ON SCHEDULE AND WITHIN BUDGET.
§ 2. This act shall take effect immediately.
