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.