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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Feb 28, 2018 |
referred to housing delivered to assembly passed senate ordered to third reading cal.535 |
| Feb 27, 2018 |
reported and committed to rules |
| Jan 03, 2018 |
referred to housing, construction and community development returned to senate died in assembly |
| Jun 19, 2017 |
referred to housing delivered to assembly passed senate ordered to third reading cal.1897 committee discharged and committed to rules |
| Apr 28, 2017 |
referred to housing, construction and community development |
Senate Bill S5788
2017-2018 Legislative Session
Establishes an office of independent monitor for the New York city housing authority, within the division of housing and community renewal, to oversee such authority
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Feb 28, 2018
aye (46)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Croci
- DeFrancisco
- Felder
- Flanagan
- Funke
- Gallivan
- Golden
- Hamilton
- Hannon
- Helming
- Jacobs
- Kaminsky
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Marcellino
- Marchione
- Murphy
- O'Mara
- Ortt
- Peralta
- Phillips
- Ranzenhofer
- Ritchie
- Robach
- Savino
- Serino
- Serrano
- Seward
- Stewart-Cousins
- Tedisco
- Valesky
- Young
nay (13)
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Floor Vote: Jun 19, 2017
aye (62)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Benjamin
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
excused (1)
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Feb 28, 2018 - Rules Committee Vote
S578819Aye4Nay2Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Feb 28, 2018
aye (19)nay (4)
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Jun 19, 2017 - Rules Committee Vote
S578822Aye0Nay3Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 19, 2017
aye (22)aye wr (3)
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Feb 27, 2018 - Housing, Construction And Community Development Committee Vote
S57888Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D) Senate District
(D) Senate District
(D, IP) Senate District
(D) 32nd Senate District
2017-S5788 (ACTIVE) - Details
- Current Committee:
- Assembly Housing
- Law Section:
- Public Housing Law
- Laws Affected:
- Add §402-d, Pub Hous L
2017-S5788 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5788
TITLE OF BILL : An act to amend the public housing law, in relation
to providing for the appointment of an independent monitor for the New
York city housing authority, and providing for the powers and duties
of such monitor
PURPOSE :
This bill establishes an Office of the Independent Monitor within the
Department of Homes and Community Renewal to oversee certain projects
undertaken by the New York City Housing Authority.
SUMMARY OF PROVISIONS :
Section one of the bill adds a new section to the public housing law
establishing the Office of the Independent Monitor within the Division
of Homes and Community Renewal to oversee the New York City Housing
Authority (NYCHA).
Section one sets forth that the Governor will appoint the Independent
Monitor with the advice and consent of the Senate.
Section one establishes a three-year term for the first Independent
Monitor and four-year terms for successors.
Section one allows the Independent Monitor to hire a staff to carry out the Office's oversight functions. Section one sets forth that the scope of jurisdiction of the Independent Monitor and his/her staff will include the review and oversight of any NYCHA project, including requiring corrective actions to remedy issues identified with such projects. Section one defines the term project to include, any work associated with planning, acquisition, design, engineering, environmental analysis, construction, reconstruction, restoration, rehabilitation, establishment, improvement, renovation, extension, repair, revitalization, management and development of a capital asset in accordance with section two of the state finance law. Section one requires NYCHA to cooperate with and provide information to the Independent Monitor through the course of their duties. Section one authorizes the Independent Monitor to issue corrective action orders to NYCHA and outlines the scope of what can be required in such orders. Section one requires NYCHA to include a detailed summary of all public works projects having a total or aggregate construction value of one million dollars in any proposal and/or bid documents. Section one requires the Independent Monitor to issue a report on his/her activities, including the issuance of any corrective action orders issued and a status report of all NYCHA projects, to the Governor and each conference of both houses of the Legislature by February 1St of each year. Section two sets forth an immediate effective date. JUSTIFICATION : The NYC Housing Authority is tasked with providing safe, affordable housing and facilitating access to vital social and community services. NYCHA reports that approximately 400,000 New Yorkers reside in their 328 public housing developments across the City's five boroughs. Another 235,000 receive subsidized rental assistance in private homes through the NYCHA administered Section 8 Leased Housing Program. While NYCHA undoubtedly provides valuable services and resources to many low-income New Yorkers, their ability to properly and efficiently manage their properties, programs and capital projects continues to be the subject of some public debate. An Independent Monitor at the state level would provide the necessary checks and balances on NYCHA and would ensure that they are fulfilling all of their obligations to the public. The Office of the Independent Monitor, established as a division of the NYS Division of Homes and Community Renewal, would oversee all NYCHA projects, including, all phases of new construction, rehabilitation/restoration initiatives, repairs and site management. The Independent Monitor would also have the authority to order NYCHA to remedy issues identified with a project. The scope of such orders include, analysis of the project schedule; analysis of the project budget; analysis of payments to contractors; analysis of project change orders; reporting of updates and notices to the public; analysis of records of construction inspection; termination of contracts/ contractors; the hiring of independent auditors, managers, legal counsel or other professionals; active project management; and periodic project audits. NYCHA would further be required to provide all of the detailed information listed above for all significant public works capital projects of one million dollars or more. Lastly, this measure would require the Independent Monitor to prepare an annual report on his/her Office's activity, including any corrective actions that were ordered. The report would also include the status of all capital projects undertaken by NYCHA during the previous calendar year. Such report would be provided to the Governor and each conference, of each house of the Legislature by February 1St of each calendar year. LEGISLATIVE HISTORY : New Bill. FISCAL IMPLICATIONS : Minimal implications to the State to fulfill salary, benefits and operating costs related to the Independent Monitor's staff and office. EFFECTIVE DATE : Immediately.
2017-S5788 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5788
2017-2018 Regular Sessions
I N S E N A T E
April 28, 2017
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the public housing law, in relation to providing for the
appointment of an independent monitor for the New York city housing
authority, and providing for the powers and duties of such monitor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new section
402-d to read as follows:
§ 402-D. INDEPENDENT MONITOR. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL, AN OFFICE OF INDEPENDENT
MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY. THE HEAD OF SUCH OFFICE
SHALL BE THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR, WHO
SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE FOR A TERM OF THREE YEARS; PROVIDED, HOWEVER, THAT AN INDEPENDENT
MONITOR MAY BE REMOVED, BY THE GOVERNOR, PRIOR TO THE EXPIRATION OF HIS
OR HER TERM, AFTER AN OPPORTUNITY TO BE HEARD, FOR SUBSTANTIAL NEGLECT
OF DUTY, GROSS MISCONDUCT IN OFFICE, OR INABILITY TO CARRY OUT THE
DUTIES OF SUCH OFFICE. ANY VACANCY IN THE OFFICE OF NEW YORK CITY HOUS-
ING AUTHORITY INDEPENDENT MONITOR PRIOR TO THE EXPIRATION OF HIS OR HER
TERM SHALL BE FILLED IN THE SAME MANNER AS PROVIDED FOR THE ORIGINAL
APPOINTMENT FOR THE REMAINDER OF SUCH UNEXPIRED TERM. UPON THE EXPIRA-
TION OF THE TERM OF ANY INDEPENDENT MONITOR, HIS OR HER SUCCESSOR SHALL
BE APPOINTED FOR A TERM OF FOUR YEARS.
2. THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR SHALL
EMPLOY AND MAY REMOVE SUCH PERSONNEL AS HE OR SHE MAY DEEM NECESSARY FOR
THE PERFORMANCE OF THE DUTIES OF THE OFFICE OF INDEPENDENT MONITOR FOR
THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO THIS SECTION, AND FIX
THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09672-01-7
S. 5788 2 3. (A) SUCH INDEPENDENT MONITOR, OR ANY OFFICER OR EMPLOYEE OF THE OFFICE OF INDEPENDENT MONITOR FOR THE NEW YORK CITY HOUSING AUTHORITY AS SHALL BE DESIGNATED BY HIM OR HER, SHALL HAVE THE AUTHORITY TO, AND MAY, IN HIS OR HER SOLE DISCRETION, REQUIRE REVIEW AND OVERSIGHT, IN WHOLE OR IN PART, OF ANY PROJECT, AND MAKE RECOMMENDATIONS REGARDING REQUIRED CORRECTIVE OR OTHER ACTION TO THE NEW YORK CITY HOUSING AUTHORITY IN CONNECTION WITH SUCH PROJECT. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA- BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED IN SECTION TWO OF THE STATE FINANCE LAW. (C) THE NEW YORK CITY HOUSING AUTHORITY UPON UNDERTAKING SUCH PROJECT SHALL FULLY COOPERATE WITH ANY DETERMINATION OF THE NEW YORK CITY HOUS- ING AUTHORITY INDEPENDENT MONITOR, AND PROVIDE ACCESS TO ALL PERSONNEL, BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFORMATION AS MAY BE NECESSARY FOR SUCH INDEPENDENT MONITOR TO PERFORM HIS OR HER DUTIES. (D) IN THE EVENT THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONI- TOR DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH A PROJECT, THEN THE INDEPENDENT MONITOR SHALL HAVE THE AUTHORITY TO DIRECT THAT THE NEW YORK CITY HOUSING AUTHORITY SHALL IMPLEMENT ALL CORRECTIVE OR OTHER ACTION AS SHALL BE REQUIRED TO ACCOMPLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL COST TO SUCH AUTHORITY. SUCH CORRECTIVE OR OTHER ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) MODIFICATION OF SUCH PLANS, SPECIFICATIONS, DESIGNS AND ESTIMATES OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILI- TIES; (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE; (III) DETAILED ANALYSIS OF PROJECT BUDGET; (IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES; (V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS, INSPECTIONS AND DEFICIENCIES; (VI) TERMINATION OF CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS; (VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT; (VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE PUBLIC; (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI- TIONAL RESOURCES PROVIDED BY THE NEW YORK CITY HOUSING AUTHORITY INDE- PENDENT MONITOR; AND (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE NEW YORK CITY HOUSING AUTHORITY INDEPENDENT MONITOR ON A SUITABLE TIME INTERVAL DETERMINED BY SUCH MONITOR. (E) THE NEW YORK CITY HOUSING AUTHORITY UPON PROPOSING A PUBLIC WORKS PROJECT HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF ONE MILLION DOLLARS SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SUBDI- VISION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS. (F) ALL CONTRACT DOCUMENTS SHALL EXPRESSLY INCORPORATE THE PROVISIONS OF THIS SECTION AND INCLUDE COMPLIANCE WITH THE PROVISIONS HEREOF AS A CONDITION OF PERFORMANCE. 4. THE INDEPENDENT MONITOR SHALL, ON OR BEFORE FEBRUARY FIRST EACH YEAR, SUBMIT TO THE GOVERNOR, EACH CONFERENCE OF THE LEGISLATURE, THE S. 5788 3 AUTHORITY, AND THE MAYOR AND THE CITY COUNCIL OF THE CITY OF NEW YORK, A REPORT ON HIS OR HER ACTIVITIES PURSUANT TO THIS SECTION DURING THE PREVIOUS CALENDAR YEAR, INCLUDING ANY CORRECTIVE ACTIONS THAT WERE REQUIRED TO BE TAKEN, AND SHALL ALSO REPORT UPON THE STATUS OF ALL PROJECTS UNDER TAKEN BY THE NEW YORK CITY HOUSING AUTHORITY AND WHETHER SUCH PROJECTS ARE PROGRESSING ON SCHEDULE AND WITHIN BUDGET. § 2. This act shall take effect immediately.
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