senate Bill S4231A

2013-2014 Legislative Session

Relates to the New York city housing authority

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
May 28, 2013 print number 4231a
amend and recommit to housing, construction and community development
Mar 15, 2013 referred to housing, construction and community development

Bill Amendments

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S4231 - Bill Details

See Assembly Version of this Bill:
A2677C
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L; amd §1678, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
A6857

S4231 - Bill Texts

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Relates to the New York city housing authority.

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BILL NUMBER:S4231

TITLE OF BILL: An act to amend the public housing law and the public
authorities law, in relation to the New York city housing authority

PURPOSE OF BILL: To impose certain governance and reporting
requirements on the New York City Housing Authority.

SUMMARY OF PROVISIONS: Section one of the bill amends the public
housing law relating to the members of the New York City Housing
authority ("NYCHA") to specify certain duties of such members,
including requiring them to apply their fiduciary duties in the best
interest of the NYCHA, its mission and its residents.

The section also requires the establishment of a training program for
board members regarding their legal, fiduciary and ethical
responsibilities as directors of the NYCHA.

Section two of the bill amends the public housing law relating to
powers and duties of the NYCHA and imposes additional responsibilities
on the NYCHA, including:

1. Establish guidelines for the disposal of personal and real property
of NYCHA. The bill includes standards for disposing of real property
at below fair market value;

2. Requires the development of a public system to track capital
Projects, disposition projects and maintenance and repair projects

3. Prepare and make available publicly an annual independent audit
report and other reports, including a list of all real property
belonging to NYCHA and of dispositions of real property;

4. Requires NYCHA to describe any government assistance to be received
by the private parties to the transaction and to provide an analysis
comparing the value received by NYCHA on a disposition with the value
that a private party would receive for similar property;

5. Establish a "whistleblower" program;

6. Require members, officers and employees of the NYCHA to document
any contact with lobbyists;

7. Establish an office of inspector general reporting to the NYC
Depart- ment of Investigations;

8. Provides for a process to ensure that federal funds allocated for
resident assistance are actually expended;

9. Requires NYCHA to comply with the NYC building code, and require
the City to enforce the code against NYCHA buildings and structures;.

10. Allow NYCHA to contract with DASNY to construct, reconstruct,
renovate or rehabilitate NYCHA buildings and structures.


Section four sets forth the severability clause. Section five sets
forth the effective date of the bill.

JUSTIFICATION: In 2005 and 2009, the State of New York enacted
comprehensive legislation to improve the practices of, and increase
oversight over, the state's public authorities. As entities that are
mostly publicly funded and are created to provide an important public
service or good, public authorities needed to operate with more
accountability and transparency.

NYCHA is a publicly-funded public authority that provides essential
and basic functions and services for hundreds of thousands of New
Yorkers. As such, the State legislature believes that NYCHA should be
held to same laws and standards that axe currently imposed on all
other New York state public authorities. It is in the best interest of
the public to ensure that NYCHA functions as an open, transparent and
accountable public authority.

LEGISLATIVE HISTORY: New bill.

BUDGET IMPLICATIONS: This bill will not result in any additional costs
to the State. The New York City Housing Authority might see some
additional costs for functions related to increased transparency,
accountability, greater public involvement, additional public meetings
and reports, and increased costs for establishing a tracking system
for capital projects, and for maintenance and repair projects.

EFFECTIVE DATE: 90 days after the date that this bill becomes law.

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

                                  4231

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-06-3

S. 4231                             2

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
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

S. 4231                             3

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.
  (4)  (A)  ALL  DISPOSALS  OR CONTRACTS FOR DISPOSAL OF PROPERTY OF THE
AUTHORITY MADE OR AUTHORIZED  BY  THE  AUTHORITY  SHALL  BE  MADE  AFTER

S. 4231                             4

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:
  (I)  IF  THE  PURCHASER, LESSEE OR TRANSFEREE IS A GOVERNMENT OR OTHER
PUBLIC ENTITY, AND THE TERMS AND CONDITIONS OF THE  DISPOSITION  REQUIRE

S. 4231                             5

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
FORWARD THE AMENDED APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND
URBAN  DEVELOPMENT UNTIL THE AUTHORITY HAS CONDUCTED A PUBLIC HEARING ON

S. 4231                             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 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;
  (2)  THE  TOTAL NUMBER OF PENDING OR OUTSTANDING PROJECTS, BROKEN DOWN
BY WORK TYPES OR CATEGORIES;

S. 4231                             7

  (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-
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

S. 4231                             8

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
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.

S. 4231                             9

  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.
  (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-

S. 4231                            10

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.
  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

S. 4231                            11

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;
  (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;

S. 4231                            12

  (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.
  (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

S. 4231                            13

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.

Co-Sponsors

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S4231A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2677C
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L; amd §1678, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
A6857

S4231A (ACTIVE) - Bill Texts

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Relates to the New York city housing authority.

view sponsor memo
BILL NUMBER:S4231A

TITLE OF BILL: An act to amend the public housing law and the public
authorities law, in relation to the New York city housing authority

PURPOSE OF BILL:

To impose certain governance and reporting requirements on the New
York City Housing Authority.

SUMMARY OF PROVISIONS:

Section one of the bill amends the public housing law relating to the
members of the New York City Housing authority ("NYCHA") to specify
certain duties of such members, including requiring them to apply
their fiduciary duties in the best interest of the NYCHA, its mission
and its residents.

The section also requires the establishment of a training program for
board members regarding their legal, fiduciary and ethical
responsibilities as directors of the NYCHA.

Section two of the bill amends the public housing law relating to
powers and duties of the NYCHA and imposes additional responsibilities
on the NYCHA, including:

1. Establish guidelines for the disposal of personal and real property
of NYCHA. The bill includes standards for disposing of real property
at below fair market value;

2. Requires the development of a public system to track capital
projects, disposition projects and maintenance and repair projects

3. Prepare and make available publicly an annual independent audit
report and other reports, including a list of all real property
belonging to NYCHA and of dispositions of real property;

4. Requires NYCHA to describe any government assistance to be received
by the private parties to the transaction and to provide an analysis
comparing the value received by NYCHA on a disposition with the value
that a private party would receive for similar property;

5. Establish a "whistleblower" program;

6. Require members, officers and employees of the NYCHA to document
any contact with lobbyists;

7. Establish an office of inspector general reporting to the NYC
Depart- ment of Investigations;

8. Provides for a process to ensure that federal funds allocated for
resident assistance are actually expended;

9. Requires NYCHA to comply with the NYC building code, and require
the City to enforce the code against NYCHA buildings and structures;


10. Allow NYCHA to contract with DASNY to construct, reconstruct,
renovate or rehabilitate NYCHA buildings and structures.

Section four sets forth the severability clause.

Section five sets forth the effective date of the bill.

JUSTIFICATION:

In 2005 and 2009, the state of New York enacted comprehensive
legislation to improve the practices of, and increase oversight over,
the state's public authorities. As entities that are mostly. publicly
funded and are created to provide an important public service or good,
public authorities needed to operate with more accountability and
transparency.

NYCHA is a publicly-funded public authority that provides essential
and basic functions and services for hundreds of thousands of New
Yorkers. As such, the State legislature believes that NYCHA should be
held to same laws and standards that are currently imposed on all
other New York state public authorities. It is in the best interest of
the public to ensure that NYCHA functions as an open, transparent and
accountable public authority.

PRIOR LEGISLATIVE HISTORY:

A2677 was introduced earlier this session. This version is a
substantial amendment to the original bill.

BUDGET IMPLICATIONS:

This bill will not result in any additional costs to the State. The
New York City Housing Authority might see some additional costs for
functions related to increased transparency, accountability, greater
public involvement, additional public meetings and reports, and
increased costs for establishing a tracking system for capital
projects, and for maintenance and repair projects.

EFFECTIVE DATE:

90 days after the date that this bill becomes law.

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

                                 4231--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced by Sens. PERKINS, AVELLA, DILAN, KRUEGER, MONTGOMERY, PARKER,
  SAMPSON,  SERRANO  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty  Development  --  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
OF OFFICE, EXECUTE AN ACKNOWLEDGMENT, IN A FORM CONSISTENT WITH THE  ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-08-3

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.

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