NY State Senate Bill S5788

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

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Feb 28, 2018 - floor Vote

S5788

floor

Aye

Nay

Absent

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Feb 28, 2018 - Rules committee Vote

S5788

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 27, 2018 - Housing, Construction and Community Development committee Vote

S5788

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 27, 2018

aye (8)

aye wr (1)

Krueger

Jun 19, 2017 - floor Vote

S5788

floor

Aye

Nay

Absent

Excused

Abstained

Jun 19, 2017 - Rules committee Vote

S5788

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5788 (ACTIVE) - Details

Law Section:: Public Housing Law
Laws Affected:: Add §402-d, Pub Hous L

S5788 (ACTIVE) - Summary

Establishes an office of independent monitor for the New York city housing authority, within the division of housing and community renewal, to oversee the projects of such authority.

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.

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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The New York State Senate

senate Bill S5788

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 28, 2018 - floor Vote

Floor Vote: Feb 28, 2018

Feb 28, 2018 - Rules committee Vote

Rules Committee Vote: Feb 28, 2018

Feb 27, 2018 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 27, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Jun 19, 2017 - Rules committee Vote

Rules Committee Vote: Jun 19, 2017

Co-Sponsors

S5788 (ACTIVE) - Details

S5788 (ACTIVE) - Summary

S5788 (ACTIVE) - Sponsor Memo

S5788 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5788

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 28, 2018 - floor Vote

Floor Vote: Feb 28, 2018

Feb 28, 2018 - Rules committee Vote

Rules Committee Vote: Feb 28, 2018

Feb 27, 2018 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 27, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Jun 19, 2017 - Rules committee Vote

Rules Committee Vote: Jun 19, 2017

Co-Sponsors

Marisol Alcantara

Jesse Hamilton

Diane J. Savino

Luis R. Sepúlveda

S5788 (ACTIVE) - Details

S5788 (ACTIVE) - Summary

S5788 (ACTIVE) - Sponsor Memo

S5788 (ACTIVE) - Bill Text download pdf

Comments