senate Bill S1550B

2013-2014 Legislative Session

Provides that municipal housing authorities in cities having a population of one million or more shall be subject to the review and regulation of the authorities budget office; repealer

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 09, 2014 advanced to third reading
amended 1550b
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1062
May 08, 2014 print number 1550a
amend and recommit to finance
Apr 28, 2014 reported and committed to finance
Mar 10, 2014 notice of committee consideration - requested
Jan 08, 2014 referred to corporations, authorities and commissions
Jan 09, 2013 referred to corporations, authorities and commissions

Votes

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Jun 2, 2014 - Finance committee Vote

S1550A
34
0
committee
34
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 28, 2014 - Corporations, Authorities and Commissions committee Vote

S1550
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 28, 2014

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1550 - Bill Details

See Assembly Version of this Bill:
A2847A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §2, Pub Auth L; rpld §7, Chap 913 of 1957
Versions Introduced in 2011-2012 Legislative Session:
S7535, A10548

S1550 - Bill Texts

view summary

Provides that municipal housing authorities in cities having a population of one million or more shall be subject to the review and regulation of the authorities budget office.

view sponsor memo
BILL NUMBER:S1550

TITLE OF BILL:
An act
to amend the public authorities law, in relation to making municipal
housing authorities subject to the review and regulation of the
authorities budget office; and to repeal section 7 of chapter 913 of the
laws of 1957 amending the public housing law relating to incorporating
certain provisions of the public authorities law therein, relating to
exempting municipal housing authorities from the public authorities law

PURPOSE:
This bill adds municipal housing authorities to the list of entities
that fall within the purview of the public authorities reform
legislation and the Authorities Budget Office.

SUMMARY OF PROVISIONS:

Section 1 - municipal housing authority is added to the definition of
"local authority".

Section 2 - section 7 of chapter 913 of the laws of 1957 amending the
public housing law relating to incorporating certain provisions
of the public authorities law therein is repealed.

Section 3 - effective date.

JUSTIFICATION:
The bill would strengthen the Public Authorities Reform Act by
including "municipal housing authority" within the definition of "local
authority". The enactment of public authorities reform tasked the
Authorities Budget Office with responsibilities such as: prohibiting
the creation of subsidiary authorities without legislative
approval (with certain exceptions), making changes to the authority
board's governing process, creating a fiduciary duty, enabling the
comptroller to approve authority contracts, strengthening the rules
on the disposition of public authority property, providing MWBE and
creating whistleblower protections. However, due to the oversight
of a statute from 1957, municipal public housing authorities were
inadvertently excluded from the reform legislation. This bill
corrects that oversight.

LEGISLATIVE HISTORY:
2012: S7535 - Referred to Corporations, Authorities and Commissions.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1550

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN ACT to amend the public authorities law, in relation to making munic-
  ipal  housing  authorities subject to the review and regulation of the
  authorities budget office; and to repeal section 7 of chapter  913  of
  the  laws of 1957 amending the public housing law relating to incorpo-
  rating certain provisions  of  the  public  authorities  law  therein,
  relating  to  exempting  municipal housing authorities from the public
  authorities law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 2 of the public authorities law,
as amended by chapter 257 of the laws of 2011, is  amended  to  read  as
follows:
  2. "local authority" shall mean (a) a public authority or public bene-
fit  corporation  created by or existing under this chapter or any other
law of the state of New York whose members do not hold a civil office of
the state, are not appointed by the governor or  are  appointed  by  the
governor specifically upon the recommendation of the local government or
governments; (b) a not-for-profit corporation affiliated with, sponsored
by,  or  created  by  a  county, city, town or village government; (c) a
local industrial developmental agency or authority or other local public
benefit corporation; (d) an affiliate of such local authority; [or]  (e)
a  land bank corporation created pursuant to article sixteen of the not-
for-profit corporation law; OR (F) ANY MUNICIPAL HOUSING AUTHORITY.
  S 2. Section 7 of chapter 913 of the laws of 1957 amending the  public
housing  law  relating to incorporating certain provisions of the public
authorities law therein is REPEALED.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04224-01-3

Co-Sponsors

S1550A - Bill Details

See Assembly Version of this Bill:
A2847A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §2, Pub Auth L; rpld §7, Chap 913 of 1957
Versions Introduced in 2011-2012 Legislative Session:
S7535, A10548

S1550A - Bill Texts

view summary

Provides that municipal housing authorities in cities having a population of one million or more shall be subject to the review and regulation of the authorities budget office.

view sponsor memo
BILL NUMBER:S1550A

TITLE OF BILL: An act to amend the public authorities law, in
relation to making municipal housing authorities subject to the review
and regulation of the authorities budget office; and to repeal section
7 of chapter 913 of the laws of 1957 amending the public housing law
relating to incorporating certain provisions of the public authorities
law therein, relating to exempting municipal housing authorities from
the public authorities law

PURPOSE: This bill adds municipal housing authorities to the list of
entities that fall under the oversight of the Authorities Budget
Office.

SUMMARY OF PROVISIONS: Section 1-Municipal Housing Authorities are
added to the definition of "local authority."

Section 2-Repeals Section 7 of Chapter 913 of the Laws of1957 which is
a necessary conforming amendment.

Section 3-Lists the effective date as 120 days after this bill shall
have become a law.

JUSTIFICATION: This bill ensures that Municipal Housing Authorities
(MHA) are subject to the review and regulation of the Authorities
Budget Office (ABO). With over loo MHA's across the State, housing
hundreds of thousands of our residents, employing tens of thousands of
thousands of workers and managing million and billion dollar budgets,
it is the duty of our State to ensure absolute responsibility,
including operating transparency, financial accountability, board
governance, State Comptroller approval of contracts, whistleblower
protections, MWBE participation and land disposition oversight. This
very simple bill corrects an oversight dating back to 1957 when MHA's
were rationally consolidated into the same section of law, severing
them from the requirements of the public authorities law. What may
have made sense in the time of Governor W. Averell Harriman has long
been superseded by the considerations of sunlight, answerability and
good governance. Notably, protections (in the form of exemptions) for
small MHA's that may be burdened by compliance requirements would
naturally apply, as they do now for smaller authorities-most of which
have found the will to comply in practice, regardless of size and
scope. This legislation is supported by the Community Service Society
of New York and the Urban Justice Center.

LEGISLATIVE HISTORY: Senate Bill 7535 / Assembly Bill 10548 of 2012:
Referred to Corporations, Authorities & Commissions in both houses.

FISCAL IMPLICATIONS: Minor, if any at all, costs associated with
compliance-with an exemption process available to those MHA's who may
find compliance fiscally burdensome.

EFFECTIVE DATE: 120 days after this bill shall have become a law.

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

                                 1550--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS, HOYLMAN, KRUEGER, SQUADRON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
  and  committed  to  the  Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN ACT to amend the public authorities law, in relation to making munic-
  ipal  housing  authorities subject to the review and regulation of the
  authorities budget office; and to repeal section 7 of chapter  913  of
  the  laws of 1957 amending the public housing law relating to incorpo-
  rating certain provisions  of  the  public  authorities  law  therein,
  relating  to  exempting  municipal housing authorities from the public
  authorities law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 2 of the public authorities law,
as amended by chapter 257 of the laws of 2011, is  amended  to  read  as
follows:
  2. "local authority" shall mean (a) a public authority or public bene-
fit  corporation  created by or existing under this chapter or any other
law of the state of New York whose members do not hold a civil office of
the state, are not appointed by the governor or  are  appointed  by  the
governor specifically upon the recommendation of the local government or
governments; (b) a not-for-profit corporation affiliated with, sponsored
by,  or  created  by  a  county, city, town or village government; (c) a
local industrial developmental agency or authority or other local public
benefit corporation; (d) an affiliate of such local authority; [or]  (e)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04224-02-4

S. 1550--A                          2

a  land bank corporation created pursuant to article sixteen of the not-
for-profit corporation law; OR (F) ANY MUNICIPAL HOUSING AUTHORITY.
  S  2. Section 7 of chapter 913 of the laws of 1957 amending the public
housing law relating to incorporating certain provisions of  the  public
authorities law therein is REPEALED.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

S1550B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2847A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §2, Pub Auth L; rpld §7, Chap 913 of 1957
Versions Introduced in 2011-2012 Legislative Session:
S7535, A10548

S1550B (ACTIVE) - Bill Texts

view summary

Provides that municipal housing authorities in cities having a population of one million or more shall be subject to the review and regulation of the authorities budget office.

view sponsor memo
BILL NUMBER:S1550B

TITLE OF BILL: An act to amend the public authorities law, in relation
to making municipal housing authorities subject to the review and regu-
lation of the authorities budget office; and to repeal section 7 of
chapter 913 of the laws of 1957 amending the public housing law relating
to incorporating certain provisions of the public authorities law there-
in, relating to exempting municipal housing authorities from the public
authorities law

PURPOSE:

This bill adds municipal housing authorities-located within a city
having a population of one million or more-to the list of entities that
fall under the oversight of the Authorities Budget Office.

SUMMARY OF PROVISIONS:

Section 1-Municipal Housing Authorities- located within a city having a
population of one million or more-are added to the definition of "local
authority."

Section 2-Repeals Section 7 of Chapter 913 of the Laws of 1957 which is
a necessary conforming amendment.

Section 3-Lists the effective date as 120 days after this bill shall
have become a law.

JUSTIFICATION:

This bill ensures that Municipal Housing Authorities (MHAs)- located
within a city having a population of one million or more-are subject to
the review and regulation of the Authorities Budget Office (ABO). In
practice, this legislation will apply only to the New York City Housing
Authority (NYCHA)-a federally funded, state chartered, city operated
authority that provides affordable housing-and a spectrum of additional
services-to nearly 420,000 low-and moderate income City residents by
managing and maintaining 334 public housing developments encapsulating
181,000 apartment units throughout the five boroughs. Owing to the fact
that NYCHA is a bifurcated creature of the Federal and State governments
but operates singularly within New York City as an independent authority
it has been exceptionally challenging to require necessary levels of
transparency, accountability and answerability to residents, the general
public and governmental oversight bodies (including the City and State
Comptrollers and the New York City Council). A recent example of this
distressing phenomenon can be found in the form of NYCHA's proposed
"Infill/Land Lease Program"-an unprecedented land disposition project
that would have affected eight developments across Manhattan-by forever
eradicating parks, open spaces, parking lots, recreational spaces and
community centers and replacing them with luxury housing towers. NYCHA
initially rolled out this proposal without any feedback or participation
from affected residents and the greater community and only came around

to the notion of transparency by force. Additionally, in the Summer of
2012 a series of negative stories arose in the press concerning the
accusation that NYCHA was sitting on over $1 Billion dollars that they
had not spent to repair apartments and install security upgrades at
developments. This was impossible for the City or State to verify
because it has been exceptionally difficult for the State or City Comp-
troller to compel NYCHA to open their books to an audit-despite the fact
that their annual operating budget hovers around $3 Billion dollars.
These "black eyes" harm NYCHA and ultimately imperil their ability to
provide decent, affordable housing to those that count on it.

Public housing, especially in New York City, is an invaluable resource.
As such, it is the duty of our State to ensure absolute responsibility
at NYCHA, including -operating transparency, financial accountability,
board governance best practices, State Comptroller approval of
contracts, whistleblower protections, MWBE participation and land dispo-
sition oversight.

This very simple bill partially remedies an oversight dating back to
1957 when all MHA's-including those located within a city having a popu-
lation of one million or more-were rationally consolidated into the same
section of law, severing them from the requirements of the public
authorities law. What may have made sense in the time of Governor W.
Averell Harriman has long been superseded by the considerations of
sunlight, answerability and good governance. This legislation is
supported by the Community Service Society of New York and the Urban
Justice Center.

LEGISLATIVE HISTORY:

Senate Bill 7535 / Asembly Bill 10548 of 2012: Referred to Corpo-
rations, Authorities & Commissions in both houses.

FISCAL IMPLICATIONS:

Minor, if any at all, hosts associated with compliance.

EFFECTIVE DATE:

120 days after this bill shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1550--B
    Cal. No. 1062

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS, HOYLMAN, KRUEGER, SQUADRON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
  and  committed  to  the  Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported favorably from said committee, ordered to first
  and second report, amended on second report, ordered to a third  read-
  ing,  and to be reprinted as amended, retaining its place in the order
  of third reading

AN ACT to amend the public authorities law, in relation to making munic-
  ipal housing authorities subject to the review and regulation  of  the
  authorities  budget  office; and to repeal section 7 of chapter 913 of
  the laws of 1957 amending the public housing law relating to  incorpo-
  rating  certain  provisions  of  the  public  authorities law therein,
  relating to exempting municipal housing authorities  from  the  public
  authorities law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 2 of the public  authorities  law,
as  amended  by  chapter  257 of the laws of 2011, is amended to read as
follows:
  2. "local authority" shall mean (a) a public authority or public bene-
fit corporation created by or existing under this chapter or  any  other
law of the state of New York whose members do not hold a civil office of
the  state,  are  not  appointed by the governor or are appointed by the
governor specifically upon the recommendation of the local government or
governments; (b) a not-for-profit corporation affiliated with, sponsored
by, or created by a county, city, town  or  village  government;  (c)  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04224-04-4

S. 1550--B                          2

local industrial developmental agency or authority or other local public
benefit  corporation; (d) an affiliate of such local authority; [or] (e)
a land bank corporation created pursuant to article sixteen of the  not-
for-profit  corporation  law;  OR  (F)  ANY  MUNICIPAL HOUSING AUTHORITY
LOCATED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  S 2. Section 7 of chapter 913 of the laws of 1957 amending the  public
housing  law  relating to incorporating certain provisions of the public
authorities law therein is REPEALED.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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