S T A T E O F N E W Y O R K
________________________________________________________________________
8438
2019-2020 Regular Sessions
I N A S S E M B L Y
July 8, 2019
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Housing
AN ACT to amend the New York city charter, in relation to providing for
the appointment of an independent monitor for the New York city
department of housing preservation and development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York city charter is amended by adding a new
section 1807 to read as follows:
§ 1807. INDEPENDENT MONITOR. 1. FOR PURPOSES OF THIS SECTION, "DEPART-
MENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION
AND DEVELOPMENT.
2. THERE SHALL BE ESTABLISHED WITHIN THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, AN OFFICE OF INDEPENDENT MONITOR FOR THE DEPARTMENT.
THE HEAD OF SUCH OFFICE SHALL BE THE 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 INDEPENDENT MONITOR FOR THE DEPART-
MENT 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 EXPIRATION OF THE TERM OF ANY INDEPEND-
ENT MONITOR, HIS OR HER SUCCESSOR SHALL BE APPOINTED FOR A TERM OF FOUR
YEARS.
3. THE 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 DEPARTMENT PURSUANT TO THIS
SECTION, AND FIX THE COMPENSATION OF SUCH PERSONNEL WITHIN THE AMOUNTS
MADE AVAILABLE FOR SUCH COMPENSATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13006-01-9
A. 8438 2
4. (A) SUCH INDEPENDENT MONITOR, OR ANY OFFICER OR EMPLOYEE OF THE
OFFICE OF INDEPENDENT MONITOR FOR THE DEPARTMENT 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
ACTIVITIES OF THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO MANAGEMENT OF
DISABILITY BENEFITS, HOUSING, INCLUDING LOTTERIES, AND THE THIRD PARTY
TRANSFER PROGRAM, AND TO MAKE RECOMMENDATIONS REGARDING REQUIRED CORREC-
TIVE ACTION OR OTHER ACTION TO THE DEPARTMENT IN CONNECTION WITH SUCH
ACTIVITIES.
(B) THE DEPARTMENT UPON UNDERTAKING ANY SUCH ACTIVITY SHALL FULLY
COOPERATE WITH ANY DETERMINATION OF THE 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.
(C) IN THE EVENT THE INDEPENDENT MONITOR DETERMINES THAT CORRECTIVE OR
OTHER ACTION IS NECESSARY FOR SUCH AN ACTIVITY, THE INDEPENDENT MONITOR
SHALL HAVE THE AUTHORITY TO DIRECT THAT THE DEPARTMENT SHALL IMPLEMENT
ALL SUCH CORRECTIVE OR OTHER ACTIONS, AS SUCH INDEPENDENT MONITOR DEEMS
NECESSARY TO CORRECT, REMEDIATE, OR OTHERWISE ADDRESS ANY ERRORS,
MISTAKES, OR DEFICIENCIES ARISING OR OCCURRING IN CONNECTION WITH SUCH
ACTIVITIES.
5. THE INDEPENDENT MONITOR SHALL, ON OR BEFORE FEBRUARY FIRST EACH
YEAR, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, 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
ACTIVITIES UNDERTAKEN BY THE DEPARTMENT.
§ 2. This act shall take effect immediately.