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SECTION 402
Special provisions with respect to the New York City Housing Authority
Public Housing (PBG) CHAPTER 44-A, ARTICLE 13, TITLE 1
§ 402. Special provisions with respect to the New York City Housing
Authority. 1. It is hereby found and declared, as a result of
investigation and study, that enactment of the provisions hereinafter
set forth is necessary for reorganization of the authority to enable it
to (a) institute improved management procedures; (b) bring about more
efficient methods of maintenance and supervision of projects; (c) foster
prompt and sound solution of problems relating to occupancy of projects;
(d) undertake administration of personnel in consonance with the size
and scope of the authority's functions. It is further found and declared
that private enterprise should be encouraged to the greatest extent
possible to enter the field of housing in which the authority now
operates so that the authority may be able to concentrate its activities
at the earliest possible moment on providing housing exclusively for the
lower income families.

2. Notwithstanding any provisions to the contrary contained in this
chapter, or any general, special or local law, the provisions of this
section shall govern the number, appointment, removal and compensation
of the members of the New York City Housing Authority.

3. The authority shall consist of seven members appointed by the
mayor, one of whom shall be designated by the mayor as chairman
removable at his or her pleasure. The term of office of each member
other than the chairman shall be three years, provided, however, that
the initial appointments of the six members other than the chairman
shall be as follows: two shall be appointed for one-year terms, two
shall be appointed for two-year terms, and two shall be appointed for
three-year terms. The mayor shall file with the commissioner of housing
a certificate of appointment of the chairman and of each member. Any
member other than the chairman may be removed by the mayor upon filing
in the office of the commissioner of citywide administrative services
and serving upon the member the reasons therefor. Such document setting
forth the reasons shall be made available to the general public, which
shall include but not be limited to publishing the reasons on the New
York city housing authority's website. Three of such members shall be a
tenant of record or an authorized member of the tenant household, in
good standing, residing in one of the federal projects owned or operated
by the authority, provided, however, that for the initial appointments
of the three such members, one shall be among the members initially
appointed for one-year terms, one shall be among the members initially
appointed for two-year terms, and one shall be among the members
initially appointed for three-year terms. A vacancy in the office of a
member other than the chairman occurring otherwise than by expiration of
term shall be filled for the unexpired term. Further, any vacancy in the
office of a tenant member shall only be filled by the appointment of an
eligible tenant member, and such appointment shall be made within ninety
days of such vacancy.

4. The chairman shall give his or her whole time to his or her duties
and shall not engage in any other occupation, profession or employment.
The chairman shall receive a salary the amount of which shall be fixed
by local law. The other members of the authority shall receive a stipend
in the amount of two hundred fifty dollars for every four hours of work
performed for the authority, not to exceed one thousand five hundred
dollars per month.

5. Notwithstanding any provisions to the contrary contained in this
chapter, or any general, special or local law, the New York city housing
authority shall have the power in its discretion to provide and maintain
a housing police department and a uniformed housing police force. Such
department and force shall have the power and it shall be their duty, in
and about housing facilities, to preserve the public peace, prevent
crime, detect and arrest offenders, suppress riots, mobs and
insurrections, disperse unlawful or dangerous assemblages and
assemblages which obstruct free passage; protect the rights of persons
and property; guard the public health; remove all nuisances; enforce and
prevent violation of all laws and ordinances; and for these purposes to
arrest all persons guilty of violating any law or ordinance and shall
provide for the performance, without unnecessary delay, of all
recording, fingerprinting, photographing and other preliminary police
duties. Appointments to such housing police force shall be made in
accordance with applicable provisions of the civil service law and only
persons who have never been convicted of a felony, and who are citizens
of the United States shall be appointed housing patrol officers on the
housing police force. Each member of such force shall be a police
officer as defined by paragraph (e) of subdivision thirty-four of
section 1.20 of the criminal procedure law and, while on duty, shall
possess all the powers of a police officer of a city in the execution of
criminal process; and criminal process issued by any court or magistrate
of a city may be directed to and executed by a member of such force.

The authority may appoint a chief and a deputy chief of the housing
police department who, in the discretion of the authority, may be
selected from the ranks of the housing police force, and assign powers
and duties to them and fix their compensation. The chief shall be the
head of such department. During the absence or disability of the chief,
the deputy chief shall possess all the powers and perform all the duties
of the chief. The housing police force shall consist of captains,
lieutenants, sergeants and patrolmen. The authority shall maintain a
division for detective purposes to be known as the detective division
and may, from time to time, detail to service in said division as many
members of the force as it may deem necessary, and may at any time
within three years of appointment revoke any such detail or a part
thereof. If the authority, in its discretion, dissolves the housing
authority police department and the housing authority police force, the
division for detective purposes shall also be dissolved. Any member of
the force while so detailed may be granted an increase in salary above
the grade established for his rank in the uniformed force, but shall
retain his rank in the force and shall be eligible for promotion the
same as if serving in the uniformed force, and the time during which he
serves in such division shall count for all purposes as if served in his
rank or grade in the uniformed force.

5-a. Receipt of line of duty pay. a. A member of the New York city
housing authority police force in the rank of police officer, other than
an officer who is detailed or designated as a detective or who holds the
position of sergeant or any position of higher rank in such force, shall
be entitled pursuant to this section to the full amount of his or her
regular salary for the period of any incapacity due to illness or injury
incurred in the performance and discharge of duty as a police officer,
as determined by the authority.

b. A member of the New York city housing authority police force who is
detailed or designated as a detective or who holds the position of
sergeant or any position of higher rank in such force shall be entitled
pursuant to this section to the full amount of his or her regular salary
for the period of any incapacity due to illness or injury incurred in
the performance and discharge of duty as a member of the force, as
determined by the authority, only in the event that a collective
bargaining agreement granting such entitlement pursuant to this section
has been entered into by the authority and the certified employee
organization representing such member. The first entitlement of any such
member of the New York city housing authority police force to the full
amount of regular salary under this section shall commence on the date
of execution of the collective bargaining agreement providing for such
entitlement with respect to such member.

c. Nothing in this section shall be construed to affect the rights,
powers and duties of the authority pursuant to any other provision of
law, including, but not limited to, the right to discipline a police
officer by termination, reduction of salary, or any other appropriate
measure; the power to terminate an appointee who has not completed his
or her probationary term; and the power to apply for ordinary or
accident disability retirement for a police officer.

d. Nothing in this section shall be construed to require payment of
salary to a member of the New York city housing authority police force
who has been terminated, retired, suspended or otherwise separated from
service by reason of death, retirement or any other cause.

e. A decision as to eligibility for benefits pursuant to this section
shall not be binding on the medical board or the board of trustees of
any pension fund in the determination of eligibility for an accident
disability or accidental death benefit.

f. As used in this section the term "incapacity" shall mean the
inability to perform full, limited, or restricted duty.

6. In addition to all other powers granted by this chapter, the New
York city housing authority shall have the power to act as and be and
become a "developer", as that term is defined in subdivision nine of
section four hundred fifty-two of the education law, of a combined
occupancy structure, as defined in subdivision five of section four
hundred fifty-two of such law, which consists of a project, as defined
in this chapter, as well as of school accommodations or other facilities
of the board of education of the city of New York, and to be and become
an "owner", as that term is defined in subdivision fifteen-a of section
four hundred fifty-two of the education law, of the non-school portion,
consisting of a project as defined in this chapter, of such combined
occupancy structure; and to do all things necessary or convenient to
carry out such powers, including (a) construction of such combined
occupancy structure as a developer pursuant to the provisions of this
chapter and article ten of the education law, and conveyance or lease of
the school portion thereof, and (b) as an owner, making and entering
into contracts for acquisition, lease, sublease or other agreements for
or with respect to the non-school portion, consisting of a project as
defined in this chapter, pursuant to the provisions of article ten of
the education law, and acquiring the same by transfer or conveyance to
it of the fee title, or of possession under such lease, sublease or
other agreement.

6-a. a. The New York city housing authority shall include with every
lease or renewal lease offered to a prospective or current tenant, a
separate, clear and conspicuous notice, in at least sixteen-point
boldface type, concerning the tenant's ability to add additional legal
occupants to the lease agreement.

b. Upon receipt of a tenant's request for a form to add an additional
legal occupant to his or her lease agreement, the authority shall,
within seven days, provide the tenant with clear information regarding
how to apply in person or online, along with a notice informing the
tenant of the right to grieve the denial of any occupancy permission
request. Any form required by the authority to request such occupancy
permission shall be made available for review and submission in person,
on the authority's website, and through the authority's mobile
application.

c. Upon receipt of a tenant's request to add an additional legal
occupant to his or her lease agreement, the authority shall provide the
tenant, in writing, with confirmation of receipt of the application,
information regarding how the tenant may inquire as to the status of
such request, and the expected date of the authority's response to such
request.

7. The authority shall have the power, which shall be in addition to
its other powers under this chapter, to adopt rules and regulations
relating to the parking, stopping or standing of a motor vehicle within
the interior paths, roads, or grounds of its public housing projects. A
violation of such rules and regulations shall constitute a "traffic
infraction" as defined in the vehicle and traffic law, and such
violation shall be heard and tried by the parking violations bureau
established and created under and pursuant to title A of chapter forty
of the administrative code of the city of New York, as added by chapter
one thousand seventy-five of the laws of nineteen hundred sixty-nine.
Such rules and regulations shall not be effective until filed as
required by section fifty-four of this chapter and, in addition, until
filed with the clerk of the municipality in which the principal office
of the authority is located. The authority shall post appropriate signs
in specific locations within a project as to the rules and regulations
governing the parking, stopping or standing of motor vehicles at such
locations.

8. All provisions of this chapter applicable to the New York City
Housing Authority and not inconsistent with the provisions of this
section shall continue to apply to such authority.

9. The chairman shall ensure that at every meeting of the authority
the public shall be allotted a period of time, not less than thirty
minutes, to speak on any topic on the agenda.

10. Notwithstanding any other provision of law to the contrary, upon
the vacancy of a dwelling unit in any project operated by the authority,
such vacant dwelling unit on a lower floor shall first be made available
for occupancy to a current New York city housing authority household,
containing an authorized member of the household with a disability, as
defined by subdivision twenty-one of section two hundred ninety-two of
the executive law, that affects mobility and based on either the
tenant's preference to move to a first-or-second-floor unit and to
remain within their project or to transfer elsewhere, and based on the
tenant's position on the authority's transfer waiting list; or to
provide reasonable accommodation to a current New York city housing
authority household, containing an authorized member of the household
with a disability, as defined by subdivision twenty-one of section two
hundred ninety-two of the executive law, that affects mobility to
transfer to a lower floor within their project or to a lower floor
elsewhere, if the request is supported by medical documentation, and
based on the tenant's position on the authority's transfer waiting list.
The New York city housing authority may give higher preference to
individuals requiring an emergency transfer because their units have
become uninhabitable.