S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2470
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced by Sens. PERKINS, AVELLA, DILAN, KRUEGER, MONTGOMERY, PARKER,
         SAMPSON,  SERRANO  -- read twice and ordered printed, and when printed
         to be committed to the Committee on Housing, Construction and Communi-
         ty Development
       AN ACT to amend the public housing law and the public  authorities  law,
         in relation to the New York city housing authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 4 of  section  402  of
    2  the  public  housing  law  is designated paragraph a and three new para-
    3  graphs b, c and d are added to read as follows:
    4    B. THE CHAIRMAN AND THE OTHER MEMBERS OF THE AUTHORITY, INCLUDING  THE
    5  ADDITIONAL  TENANT  MEMBER,  SHALL: (1) EXERCISE DIRECT OVERSIGHT OF THE
    6  AUTHORITY'S CHIEF EXECUTIVE OFFICER OR GENERAL MANAGER AND OTHER  MANAG-
    7  ERS  OR  SUPERVISORS  IN  THE  EFFECTIVE  AND  ETHICAL MANAGEMENT OF THE
    8  AUTHORITY; (2) UNDERSTAND, REVIEW  AND  MONITOR  THE  IMPLEMENTATION  OF
    9  FUNDAMENTAL  FINANCIAL AND MANAGEMENT CONTROLS AND OPERATIONAL DECISIONS
   10  OF THE AUTHORITY; (3) ADOPT A CODE OF ETHICS FOR OFFICERS AND  EMPLOYEES
   11  OF THE AUTHORITY CONSISTENT WITH SECTION EIGHT HUNDRED SIX OF THE GENER-
   12  AL  MUNICIPAL  LAW;  (4)  PERFORM EACH OF THEIR DUTIES AS BOARD MEMBERS,
   13  INCLUDING BUT NOT LIMITED TO THOSE IMPOSED  BY  THIS  SECTION,  IN  GOOD
   14  FAITH  AND  WITH THAT DEGREE OF DILIGENCE, CARE AND SKILL WHICH AN ORDI-
   15  NARILY PRUDENT PERSON IN LIKE POSITION WOULD USE UNDER  SIMILAR  CIRCUM-
   16  STANCES,  AND  MAY TAKE INTO CONSIDERATION THE VIEWS AND POLICIES OF ANY
   17  ELECTED OFFICIAL OR BODY, OR OTHER PERSON AND ULTIMATELY APPLY INDEPEND-
   18  ENT JUDGMENT IN THE BEST INTEREST OF THE AUTHORITY, ITS MISSION AND  THE
   19  PUBLIC.  AT  THE  TIME  THAT EACH MEMBER TAKES AND SUBSCRIBES HIS OR HER
   20  OATH OF OFFICE, OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE  DATE  OF  THIS
   21  PARAGRAPH IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH
   22  OF  OFFICE, EXECUTE AN ACKNOWLEDGMENT, IN A FORM CONSISTENT WITH THE ONE
   23  PRESCRIBED BY THE NEW YORK INDEPENDENT AUTHORITIES BUDGET OFFICE  ESTAB-
   24  LISHED  PURSUANT  TO  TITLE TWO OF ARTICLE ONE OF THE PUBLIC AUTHORITIES
   25  LAW IN WHICH THE BOARD MEMBER ACKNOWLEDGES THAT HE  OR  SHE  UNDERSTANDS
   26  HIS OR HER ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN SUBPARA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01259-01-5
       S. 2470                             2
    1  GRAPH  FOUR  OF  THIS  PARAGRAPH, AND ACKNOWLEDGES THAT HE OR SHE UNDER-
    2  STANDS HIS OR HER DUTY OF LOYALTY  AND  CARE  TO  THE  ORGANIZATION  AND
    3  COMMITMENT TO THE AUTHORITY'S MISSION AND THE PUBLIC INTEREST.
    4    C.  ALL  BOARD MEMBERS, INCLUDING THE TENANT MEMBER, SHALL PARTICIPATE
    5  IN TRAINING APPROVED BY THE INSPECTOR GENERAL OF THE AUTHORITY REGARDING
    6  THEIR LEGAL, FIDUCIARY, FINANCIAL AND ETHICAL RESPONSIBILITIES AS DIREC-
    7  TORS OF AN AUTHORITY WITHIN ONE YEAR OF APPOINTMENT TO THE BOARD.  BOARD
    8  MEMBERS SHALL PARTICIPATE IN SUCH CONTINUING TRAINING AS MAY BE REQUIRED
    9  TO  REMAIN  INFORMED OF BEST PRACTICES, REGULATORY AND STATUTORY CHANGES
   10  RELATING TO THE EFFECTIVE OVERSIGHT  OF  THE  MANAGEMENT  AND  FINANCIAL
   11  ACTIVITIES OF PUBLIC CORPORATIONS AND TO ADHERE TO THE HIGHEST STANDARDS
   12  OF RESPONSIBLE GOVERNANCE.
   13    D.  NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE AUTHORITY SHALL NOT,
   14  DIRECTLY OR INDIRECTLY, EXTEND  OR  MAINTAIN  CREDIT,  ARRANGE  FOR  THE
   15  EXTENSION  OF  CREDIT, OR RENEW AN EXTENSION OF CREDIT, IN THE FORM OF A
   16  PERSONAL LOAN TO OR FOR ANY OFFICER, BOARD MEMBER  OR  EMPLOYEE  OF  THE
   17  AUTHORITY.
   18    S 2. Section 402 of the public housing law is amended by adding eleven
   19  new subdivisions 10, 10-a, 11, 12, 13, 14, 15, 16, 17, 18 and 19 to read
   20  as follows:
   21    10. DISPOSITION OF PROPERTY.  A. DEFINITIONS. FOR THE PURPOSES OF THIS
   22  SUBDIVISION:
   23    (1) "AUTHORITIES BUDGET OFFICE" SHALL MEAN THE INDEPENDENT AUTHORITIES
   24  BUDGET OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF THE PUBLIC AUTHOR-
   25  ITIES LAW.
   26    (2)  "CITY  COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW
   27  YORK.
   28    (3) "CONTRACTING OFFICER" SHALL MEAN THE OFFICER OR  EMPLOYEE  OF  THE
   29  AUTHORITY  WHO  SHALL  BE  APPOINTED  BY  RESOLUTION OF THE BOARD OF THE
   30  AUTHORITY TO BE RESPONSIBLE FOR THE DISPOSITION OF PROPERTY.
   31    (4) "DISPOSE", "DISPOSITION" OR "DISPOSAL" SHALL MEAN THE SALE,  LEASE
   32  OR  TRANSFER  OF  TITLE  OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR
   33  REAL PROPERTY IN ACCORDANCE WITH PARAGRAPH C OF  THIS  SUBDIVISION,  AND
   34  SHALL ALSO INCLUDE THE DEMOLITION OF REAL PROPERTY.
   35    (5) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
   36    (6) "PROPERTY" SHALL MEAN PERSONAL PROPERTY IN EXCESS OF FIVE THOUSAND
   37  DOLLARS  IN  VALUE, REAL PROPERTY, AND ANY INCHOATE OR OTHER INTEREST IN
   38  SUCH PROPERTY, TO THE EXTENT THAT  SUCH  INTEREST  MAY  BE  CONVEYED  TO
   39  ANOTHER PERSON FOR ANY PURPOSE, EXCLUDING AN INTEREST SECURING A LOAN OR
   40  OTHER FINANCIAL OBLIGATION OF ANOTHER PARTY.
   41    B.  DUTIES  OF THE AUTHORITY WITH RESPECT TO THE DISPOSAL OF PROPERTY.
   42  (1) THE AUTHORITY SHALL ADOPT  BY  RESOLUTION  COMPREHENSIVE  GUIDELINES
   43  WHICH SHALL (A) DETAIL THE AUTHORITY'S OPERATIVE POLICY AND INSTRUCTIONS
   44  REGARDING  THE  USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR
   45  THE DISPOSAL OF PROPERTY, AND (B) DESIGNATE A PROPERTY MANAGEMENT  OFFI-
   46  CER  WHO  SHALL  BE RESPONSIBLE FOR THE AUTHORITY'S COMPLIANCE WITH, AND
   47  ENFORCEMENT OF, SUCH GUIDELINES.   SUCH GUIDELINES SHALL  BE  CONSISTENT
   48  WITH, AND SHALL REQUIRE THE AUTHORITY'S DISPOSITION ACTIVITIES TO COMPLY
   49  WITH  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY
   50  OTHER APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF  PROP-
   51  ERTY, EXCEPT THAT SUCH GUIDELINES MAY BE STRICTER THAN THE PROVISIONS OF
   52  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY OTHER
   53  APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF PROPERTY  IF
   54  THE  AUTHORITY  DETERMINES  THAT  ADDITIONAL SAFEGUARDS ARE NECESSARY TO
   55  ASSURE THE INTEGRITY OF ITS DISPOSITION ACTIVITIES. GUIDELINES  APPROVED
   56  BY THE AUTHORITY SHALL BE ANNUALLY REVIEWED AND APPROVED BY THE BOARD OF
       S. 2470                             3
    1  THE  AUTHORITY. ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH IN EACH YEAR,
    2  THE AUTHORITY SHALL FILE WITH THE AUTHORITIES BUDGET OFFICE  A  COPY  OF
    3  THE  GUIDELINES  MOST  RECENTLY  REVIEWED AND APPROVED BY THE AUTHORITY,
    4  INCLUDING  THE  NAME  OF  THE AUTHORITY'S DESIGNATED PROPERTY MANAGEMENT
    5  OFFICER. AT THE TIME OF FILING  SUCH  GUIDELINES  WITH  THE  AUTHORITIES
    6  BUDGET  OFFICE,  THE  AUTHORITY  SHALL  ALSO POST SUCH GUIDELINES ON THE
    7  AUTHORITY'S INTERNET WEBSITE.   GUIDELINES  POSTED  ON  THE  AUTHORITY'S
    8  INTERNET  WEBSITE SHALL BE MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL THE
    9  PROCUREMENT GUIDELINES  FOR  THE  FOLLOWING  YEAR  ARE  POSTED  ON  SUCH
   10  WEBSITE.
   11    (2) THE AUTHORITY SHALL:
   12    (A)  MAINTAIN  ADEQUATE  INVENTORY CONTROLS AND ACCOUNTABILITY SYSTEMS
   13  FOR ALL PROPERTY UNDER ITS CONTROL;
   14    (B) PERIODICALLY INVENTORY SUCH PROPERTY TO DETERMINE  WHICH  PROPERTY
   15  SHALL BE DISPOSED OF; AND
   16    (C)  PRODUCE  A  WRITTEN  REPORT  OF  SUCH PROPERTY IN ACCORDANCE WITH
   17  SUBPARAGRAPH THREE OF THIS PARAGRAPH.
   18    (3) (A) THE AUTHORITY SHALL PUBLISH, AT LEAST ANNUALLY, A REPORT LIST-
   19  ING ALL REAL PROPERTY OWNED, CONTROLLED OR OPERATED  BY  THE  AUTHORITY.
   20  SUCH  REPORT  SHALL  INCLUDE A LIST AND FULL DESCRIPTION OF ALL PROPERTY
   21  DISPOSED OF DURING SUCH PERIOD.  THE  REPORT  SHALL  CONTAIN  THE  PRICE
   22  RECEIVED  BY  THE  AUTHORITY  AND THE NAME OF THE PURCHASER FOR ALL SUCH
   23  PROPERTY DISPOSED OF BY THE AUTHORITY DURING SUCH PERIOD.
   24    (B) THE AUTHORITY SHALL DELIVER COPIES OF SUCH REPORT TO THE INDEPEND-
   25  ENT AUTHORITIES BUDGET OFFICE, THE MAYOR, THE CITY COMPTROLLER, THE  NEW
   26  YORK CITY COUNCIL AND THE STATE LEGISLATURE.
   27    C. DISPOSAL OF AUTHORITY PROPERTY. (1) EXCEPT AS OTHERWISE PROVIDED IN
   28  THIS  SUBDIVISION,  THE  PROPERTY  MANAGEMENT  OFFICER DESIGNATED BY THE
   29  AUTHORITY SHALL HAVE SUPERVISION OVER THE DISPOSITION OF PROPERTY OF THE
   30  AUTHORITY.
   31    (2) THE CUSTODY AND CONTROL OF THE PROPERTY OF THE AUTHORITY,  PENDING
   32  ITS  DISPOSITION,  AND THE DISPOSAL OF SUCH PROPERTY, SHALL BE PERFORMED
   33  BY THE AUTHORITY.
   34    (3) SUBJECT TO SUBPARAGRAPH FIVE OF THIS PARAGRAPH, THE AUTHORITY  MAY
   35  DISPOSE  OF  PROPERTY  FOR  NOT  LESS THAN THE FAIR MARKET VALUE OF SUCH
   36  PROPERTY BY SALE, LEASE, EXCHANGE, OR TRANSFER,  FOR  CASH,  CREDIT,  OR
   37  OTHER  PROPERTY, WITH OR WITHOUT WARRANTY, AND UPON SUCH OTHER TERMS AND
   38  CONDITIONS AS THE AUTHORITY DEEMS PROPER, PROVIDED THAT SUCH  TERMS  AND
   39  CONDITIONS  ARE CONSISTENT WITH INDUSTRY PRACTICES AND ARE COMPARABLE TO
   40  TERMS AND  CONDITIONS  CONTAINED  IN  SIMILAR  AGREEMENTS  OR  CONTRACTS
   41  BETWEEN  AND  BY  PRIVATE PARTIES, AND IT MAY EXECUTE SUCH DOCUMENTS FOR
   42  THE TRANSFER OF TITLE OR OTHER INTEREST IN PROPERTY AND TAKE SUCH  OTHER
   43  ACTION AS IT DEEMS NECESSARY OR PROPER TO DISPOSE OF SUCH PROPERTY UNDER
   44  THE  PROVISIONS  OF THIS SUBDIVISION PROVIDED, HOWEVER, THAT NO DISPOSI-
   45  TION OF REAL PROPERTY, OR ANY INTEREST IN REAL PROPERTY, SHALL  BE  MADE
   46  UNLESS  AN  APPRAISAL  OF THE VALUE OF SUCH PROPERTY HAS BEEN MADE BY AN
   47  INDEPENDENT APPRAISER AND INCLUDED IN THE  RECORD  OF  THE  TRANSACTION,
   48  AND,  PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER PROPERTY, WHICH
   49  BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES OF THE PROPOSED
   50  TRANSACTION IS NOT READILY VALUED BY REFERENCE TO AN ACTIVE  MARKET  FOR
   51  SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR APPRAISAL.
   52    (4)  (A)  ALL  DISPOSALS  OR CONTRACTS FOR DISPOSAL OF PROPERTY OF THE
   53  AUTHORITY MADE OR AUTHORIZED  BY  THE  AUTHORITY  SHALL  BE  MADE  AFTER
   54  PUBLICLY  ADVERTISING  FOR BIDS EXCEPT AS PROVIDED IN CLAUSE (C) OF THIS
   55  SUBPARAGRAPH.
       S. 2470                             4
    1    (B) WHENEVER PUBLIC ADVERTISING FOR BIDS IS REQUIRED UNDER CLAUSE  (A)
    2  OF THIS SUBPARAGRAPH:
    3    (I) THE ADVERTISEMENT FOR BIDS SHALL BE MADE AT SUCH TIME PRIOR TO THE
    4  DISPOSAL OR CONTRACT, THROUGH SUCH METHODS, AND ON SUCH TERMS AND CONDI-
    5  TIONS  AS  SHALL  PERMIT  FULL  AND FREE COMPETITION CONSISTENT WITH THE
    6  VALUE AND NATURE OF THE PROPERTY;
    7    (II) ALL BIDS SHALL BE PUBLICLY DISCLOSED AT THE TIME AND PLACE STATED
    8  IN THE ADVERTISEMENT; AND
    9    (III) THE AWARD SHALL BE MADE WITH REASONABLE PROMPTNESS BY NOTICE  TO
   10  THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS,
   11  WILL  BE  MOST  ADVANTAGEOUS  TO  THE AUTHORITY, PRICE AND OTHER FACTORS
   12  CONSIDERED; PROVIDED, THAT ALL BIDS MAY BE REJECTED WHEN IT  IS  IN  THE
   13  PUBLIC INTEREST TO DO SO.
   14    (C) DISPOSALS AND CONTRACTS FOR DISPOSAL OF PROPERTY MAY BE NEGOTIATED
   15  OR  MADE BY PUBLIC AUCTION WITHOUT REGARD TO CLAUSES (A) AND (B) OF THIS
   16  SUBPARAGRAPH BUT SUBJECT TO OBTAINING SUCH COMPETITION  AS  IS  FEASIBLE
   17  UNDER THE CIRCUMSTANCES, IF:
   18    (I)  THE  PERSONAL  PROPERTY  INVOLVED HAS QUALITIES SEPARATE FROM THE
   19  UTILITARIAN PURPOSE OF SUCH PROPERTY, SUCH AS ARTISTIC QUALITY, ANTIQUI-
   20  TY, HISTORICAL SIGNIFICANCE, RARITY, OR OTHER QUALITY OF SIMILAR EFFECT,
   21  THAT WOULD TEND TO INCREASE ITS VALUE, OR IF THE PERSONAL PROPERTY IS TO
   22  BE SOLD IN SUCH QUANTITY THAT, IF IT WERE DISPOSED OF UNDER CLAUSES  (A)
   23  AND  (B) OF THIS SUBPARAGRAPH, WOULD ADVERSELY AFFECT THE STATE OR LOCAL
   24  MARKET FOR SUCH PROPERTY, AND THE ESTIMATED FAIR MARKET  VALUE  OF  SUCH
   25  PROPERTY  AND  OTHER  SATISFACTORY  TERMS OF DISPOSAL CAN BE OBTAINED BY
   26  NEGOTIATION;
   27    (II) THE FAIR MARKET VALUE OF THE PROPERTY DOES NOT EXCEED FIFTY THOU-
   28  SAND DOLLARS;
   29    (III) BID PRICES AFTER ADVERTISING THEREFOR ARE NOT REASONABLE, EITHER
   30  AS TO ALL OR SOME PART OF THE PROPERTY, OR HAVE NOT  BEEN  INDEPENDENTLY
   31  ARRIVED AT IN OPEN COMPETITION;
   32    (IV)  THE  DISPOSAL WILL BE TO THE STATE OR ANY POLITICAL SUBDIVISION,
   33  AND THE ESTIMATED FAIR MARKET VALUE OF THE PROPERTY AND OTHER  SATISFAC-
   34  TORY TERMS OF DISPOSAL ARE OBTAINED BY NEGOTIATION;
   35    (V)  UNDER  THOSE CIRCUMSTANCES PERMITTED BY SUBPARAGRAPH FIVE OF THIS
   36  PARAGRAPH; OR
   37    (VI) SUCH ACTION IS OTHERWISE AUTHORIZED BY LAW.
   38    (D) (I) AN EXPLANATORY STATEMENT SHALL  BE  PREPARED  OF  THE  CIRCUM-
   39  STANCES OF EACH DISPOSAL BY NEGOTIATION OF:
   40    (A)  ANY PERSONAL PROPERTY WHICH HAS AN ESTIMATED FAIR MARKET VALUE IN
   41  EXCESS OF FIFTY THOUSAND DOLLARS;
   42    (B) ANY REAL PROPERTY THAT HAS  AN  ESTIMATED  FAIR  MARKET  VALUE  IN
   43  EXCESS OF FIFTY THOUSAND DOLLARS;
   44    (C)  ANY REAL PROPERTY DISPOSED OF AT BELOW FAIR MARKET VALUE OR FOR A
   45  NOMINAL PRICE.
   46    (II) EACH SUCH STATEMENT SHALL BE TRANSMITTED TO THE PERSONS  ENTITLED
   47  TO  RECEIVE  COPIES  OF  THE  REPORT  REQUIRED UNDER PARAGRAPH B OF THIS
   48  SUBDIVISION NOT LESS THAN NINETY DAYS IN ADVANCE OF SUCH DISPOSAL, AND A
   49  COPY THEREOF SHALL BE PRESERVED IN THE FILES OF THE AUTHORITY.
   50    (5) (A) NO PROPERTY OWNED, LEASED OR OTHERWISE IN THE CONTROL  OF  THE
   51  AUTHORITY  MAY BE SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN ITS
   52  FAIR MARKET VALUE EXCEPT:
   53    (I) IF THE PURCHASER, LESSEE OR TRANSFEREE IS A  GOVERNMENT  OR  OTHER
   54  PUBLIC  ENTITY,  AND THE TERMS AND CONDITIONS OF THE DISPOSITION REQUIRE
   55  THAT THE OWNERSHIP AND USE OF THE ASSET WILL REMAIN WITH THE  GOVERNMENT
   56  OR ANY OTHER PUBLIC ENTITY; OR
       S. 2470                             5
    1    (II)  IF  THE AUTHORITY SEEKS TO DISPOSE OF PROPERTY FOR LESS THAN ITS
    2  FAIR MARKET VALUE TO OTHER THAN  A  GOVERNMENTAL  ENTITY  THE  AUTHORITY
    3  SHALL  PROVIDE WRITTEN NOTIFICATION THEREOF TO THE MAYOR, THE CITY COMP-
    4  TROLLER, THE STATE LEGISLATURE AND THE NEW YORK CITY COUNCIL.
    5    (B)  IN  THE  EVENT  A BELOW FAIR MARKET VALUE PROPERTY DISPOSITION IS
    6  PROPOSED, THE FOLLOWING INFORMATION MUST BE PROVIDED TO THE  MAYOR,  THE
    7  CITY  COMPTROLLER,  THE  STATE LEGISLATURE AND THE NEW YORK CITY COUNCIL
    8  AND THE GENERAL PUBLIC:
    9    (I) A FULL DESCRIPTION OF THE PROPERTY;
   10    (II) AN APPRAISAL OF THE FAIR MARKET VALUE OF  THE  PROPERTY  AND  ANY
   11  OTHER INFORMATION ESTABLISHING THE FAIR MARKET VALUE;
   12    (III)  A DESCRIPTION OF THE PURPOSE OF THE DISPOSITION AND A STATEMENT
   13  OF THE KIND AND AMOUNT OF THE BENEFIT TO THE RESIDENTS OF  THE  AUTHORI-
   14  TY'S  HOUSING  RESULTING FROM THE DISPOSITION, INCLUDING BUT NOT LIMITED
   15  TO, THE BENEFITS, IF ANY, TO THE COMMUNITIES IN WHICH  THE  PROPERTY  IS
   16  SITUATED;
   17    (IV) A STATEMENT OF THE FINANCIAL VALUE TO BE RECEIVED BY THE AUTHORI-
   18  TY AND BY THE PRIVATE PARTIES PARTICIPATING OR OTHERWISE INVOLVED IN THE
   19  PROPERTY  COMPARED  TO THE FAIR MARKET VALUE, INCLUDING THE PROJECTED OR
   20  POTENTIAL VALUE OF ANY TAX CREDITS, EXEMPTIONS, GOVERNMENT SUBSIDIES  OR
   21  GRANTS, OR REAL PROPERTY TAX ABATEMENTS GIVEN TO THE PRIVATE PARTIES;
   22    (V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING IN THE DISPOSITION,
   23  AND  IF  DIFFERENT THAN THE STATEMENT REQUIRED BY SUBCLAUSE (IV) OF THIS
   24  CLAUSE, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY;
   25    (VI) THE NAMES OF OTHER PRIVATE PARTIES WHO HAVE  MADE  AN  OFFER  FOR
   26  SUCH PROPERTY, THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE PROPERTY
   27  WAS SOUGHT TO BE USED; AND
   28    (VII) AN ANALYSIS COMPARING THE VALUE OR CONSIDERATION RECEIVED BY THE
   29  AUTHORITY FOR A DISPOSITION OF AUTHORITY REAL PROPERTY WITH THE VALUE OR
   30  CONSIDERATION THAT A PRIVATE PARTY PURCHASER OR LESSOR WOULD RECEIVE FOR
   31  DISPOSING OF SIMILARLY-SITUATED OR COMPARABLE REAL PROPERTY AND EXPLAIN-
   32  ING  THE  DIFFERENCES  OR  DISCREPANCIES BETWEEN TWO VALUES OR CONSIDER-
   33  ATION.
   34    (C) BEFORE APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS  THAN  FAIR
   35  MARKET  VALUE,  THE  BOARD  SHALL  CONSIDER THE INFORMATION DESCRIBED IN
   36  CLAUSE (B) OF THIS SUBPARAGRAPH AND MAKE A  WRITTEN  DETERMINATION  THAT
   37  THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED BELOW-MARKET DISPOSI-
   38  TION THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH DISPOSITION. THE DETER-
   39  MINATION  SHALL  INCLUDE  THE  REASONS  FOR DISPOSING OF THE PROPERTY AT
   40  BELOW FAIR MARKET VALUE.
   41    D. PUBLIC HEARINGS. (1) IN ADDITION TO THE  PUBLIC  HEARINGS  REQUIRED
   42  PURSUANT  TO  FEDERAL  LAWS  AND  REGULATIONS,  THE AUTHORITY SHALL ALSO
   43  CONDUCT AT LEAST ONE PUBLIC HEARING AT THE DEVELOPMENT,  PROJECT,  HOUSE
   44  OR  SITE  IN  WHICH  THE  DISPOSITION  IS  BEING PLANNED OR PROPOSED, AS
   45  FOLLOWS:
   46    (A) AT LEAST TEN DAYS PRIOR  TO  THE  DATE  WHEN  THE  APPLICATION  TO
   47  DISPOSE OF THE AFFECTED PROPERTY IS PRESENTED TO THE AUTHORITY'S GOVERN-
   48  ING  BOARD  FOR  APPROVAL. THE HEARING SHALL INCLUDE A FULL AND DETAILED
   49  PRESENTATION ON THE APPRAISAL OF THE SUBJECT PROPERTY;
   50    (B) IF THE AUTHORITY MAKES A SIGNIFICANT AMENDMENT TO THE  APPLICATION
   51  AT ANY TIME AFTER THE PUBLIC HEARING CONDUCTED PURSUANT TO CLAUSE (A) OF
   52  THIS  SUBPARAGRAPH.  THE  AUTHORITY  MAY  NOT  SUBMIT  THE AMENDMENT AND
   53  FORWARD THE AMENDED APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND
   54  URBAN DEVELOPMENT UNTIL THE AUTHORITY HAS CONDUCTED A PUBLIC HEARING  ON
   55  THE SIGNIFICANT AMENDMENT. FOR THE PURPOSES OF THIS CLAUSE, "SIGNIFICANT
   56  AMENDMENT"  SHALL  MEAN:  ANY CHANGE TO THE APPLICATION THAT WILL IN ANY
       S. 2470                             6
    1  WAY IMPAIR, CHANGE OR  AFFECT  THE  RIGHTS  OF,  AND  BENEFITS  TO,  THE
    2  AFFECTED  RESIDENTS,  THE AFFECTED HOUSING DEVELOPMENT OR PROJECT OR THE
    3  RESIDENTS OF PUBLIC HOUSING; AND THAT IS NOT MERELY CORRECTING  A  TYPO-
    4  GRAPHICAL ERROR, OR MAKING CONFORMING OR TECHNICAL AMENDMENTS; AND
    5    (C) WITHIN FIFTEEN DAYS AFTER THE AUTHORITY HAS RECEIVED APPROVAL FROM
    6  THE  FEDERAL  DEPARTMENT OF HOUSING AND URBAN RENEWAL ON THE APPLICATION
    7  TO DISPOSE OF THE PROPERTY. THE AUTHORITY SHALL  NOT  BE  AUTHORIZED  TO
    8  IMPLEMENT  THE  APPROVED  APPLICATION UNTIL SUCH PUBLIC HEARING HAS BEEN
    9  HELD.
   10    (2) THE AUTHORITY SHALL PROVIDE WRITTEN NOTICE IN A  MANNER  AND  FORM
   11  SUFFICIENT  TO  INFORM  THE AFFECTED RESIDENTS, TENANT ORGANIZATIONS AND
   12  THE PUBLIC AT LEAST TEN DAYS BEFORE THE DATE OF ANY  PUBLIC  HEARING  IS
   13  CONDUCTED PURSUANT TO THIS PARAGRAPH.
   14    E.  BOARD ACTION. (1) AS A CONDITION FOR ITS SUBMISSION TO THE FEDERAL
   15  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE APPLICATION TO  DISPOSE
   16  OF  REAL  PROPERTY  SHALL  BE  APPROVED  BY THE MEMBERS OF THE AUTHORITY
   17  PURSUANT TO A BOARD RESOLUTION, AS PROVIDED IN THIS PARAGRAPH.
   18    (2) THE RESOLUTION MUST BE DATED AFTER THE DATE OF THE  LAST  RESIDENT
   19  MEETING AND AFTER THE DATE OF ANY LETTER OF SUPPORT FROM THE APPROPRIATE
   20  GOVERNMENT  OFFICIALS  RELATING TO THE APPLICATION, AND SHALL SET FORTH,
   21  AMONG OTHER THINGS:
   22    (A) THE DATES AND A DESCRIPTION OF THE  CONSULTATION  WITH  RESIDENTS,
   23  TENANT ORGANIZATIONS AND OTHER INTERESTED PARTIES;
   24    (B) THE DATES AND A DESCRIPTION OF ANY CONSULTATION WITH LOCAL GOVERN-
   25  MENT OFFICIALS; AND
   26    (C)  LETTERS  OF SUPPORT FROM THE APPROPRIATE TENANT ORGANIZATIONS AND
   27  PUBLIC OFFICIALS.
   28    10-A. PROJECT TRACKING SYSTEM. A. THE AUTHORITY  SHALL  ESTABLISH  AND
   29  MAINTAIN  A  SYSTEM TO TRACK, MONITOR AND ASSESS THE STATUS AND PROGRESS
   30  OF ALL CAPITAL PROJECTS, AND ALL DISPOSITION PROJECTS  APPROVED  BY  THE
   31  FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OF EVERY MAINTE-
   32  NANCE  OR  REPAIR  PROJECT  PERFORMED BY THE DEPARTMENT. THE INFORMATION
   33  CONTAINED IN ANY SUCH SYSTEM SHALL INCLUDE, AT A MINIMUM:
   34    (1) A DESCRIPTION OF THE PROJECT, INCLUDING ITS LOCATION;
   35    (2) THE CATEGORY OR TYPE OF REPAIR, IF APPLICABLE;
   36    (3) THE ORIGINAL START DATE;
   37    (4) THE ACTUAL START DATE, IF DIFFERENT THAN THE ORIGINAL START DATE;
   38    (5) THE ORIGINAL BUDGET;
   39    (6) THE CURRENT BUDGET;
   40    (7) THE FINAL COST OF THE PROJECT;
   41    (8) THE CURRENT PHASE OF THE PROJECT;
   42    (9) THE ORIGINAL COMPLETION DATE; AND
   43    (10) THE ACTUAL  COMPLETION  DATE,  IF  DIFFERENT  THAN  THE  ORIGINAL
   44  COMPLETION DATE.
   45    B.  THE  SYSTEM  SHALL  BE OPEN AND AVAILABLE TO THE AUTHORITY'S RESI-
   46  DENTS.  THE AUTHORITY SHALL ENSURE THAT THE INFORMATION CONTAINED IN THE
   47  TRACKING SYSTEM IS AVAILABLE ON THE AUTHORITY'S WEBSITE.
   48    C. THE AUTHORITY SHALL ISSUE A  REPORT,  AT  LEAST  ANNUALLY,  SETTING
   49  FORTH  AND  EXPLAINING THE INFORMATION CONTAINED IN THE TRACKING SYSTEM,
   50  INCLUDING:
   51    (1) THE TOTAL NUMBER OF REQUESTS FOR  REPAIRS,  BROKEN  DOWN  BY  WORK
   52  TYPES OR CATEGORIES;
   53    (2)  THE  TOTAL NUMBER OF PENDING OR OUTSTANDING PROJECTS, BROKEN DOWN
   54  BY WORK TYPES OR CATEGORIES;
   55    (3) THE TOTAL NUMBER OF PROJECTS COMPLETED;
       S. 2470                             7
    1    (4) THE AVERAGE NUMBER OF  DAYS  TO  COMPLETE  MAINTENANCE  OR  REPAIR
    2  PROJECTS, BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
    3    (5) THE TOTAL NUMBER OF MAINTENANCE AND REPAIR PROJECTS NOT COMPLETED,
    4  BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
    5    (6)  AN ESTIMATE OF THE NUMBER OF DAYS REQUIRED TO COMPLETE ALL OF THE
    6  PROJECTS, INCLUDING ANY BACKLOGS;
    7    (7) AN EXPLANATION OR REASONS FOR ANY DELAYS IN THE  COMPLETION  OF  A
    8  PROJECT IN A TIMELY MANNER; AND
    9    (8)  AN EXPLANATION OR REASONS WHY THE COSTS OF A PROJECT EXCEEDED THE
   10  ORIGINAL BUDGET, IF APPLICABLE.
   11    11. REPORTING REQUIREMENTS.   A. THE AUTHORITY  SHALL  SUBMIT  TO  THE
   12  INDEPENDENT  AUTHORITIES  BUDGET  OFFICE ESTABLISHED PURSUANT TO SECTION
   13  FOUR OF THE PUBLIC AUTHORITIES LAW, THE MAYOR AND THE COMPTROLLER OF THE
   14  CITY OF NEW YORK AND THE STATE LEGISLATURE, WITHIN NINETY DAYS AFTER THE
   15  END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OR REPORTS TO THE
   16  EXTENT THAT SUCH MATTERS ARE NOT FULLY  REPORTED  OR  DISCLOSED  IN  THE
   17  ANNUAL  INDEPENDENT  AUDIT  REPORT  PURSUANT TO THIS SUBDIVISION SETTING
   18  FORTH:  (1) ITS FINANCIAL REPORTS, INCLUDING (A) AUDITED  FINANCIALS  IN
   19  ACCORDANCE  WITH  ALL  APPLICABLE  REGULATIONS  AND  FOLLOWING GENERALLY
   20  ACCEPTED ACCOUNTING PRINCIPLES, (B)  GRANT  AND  SUBSIDY  PROGRAMS,  (C)
   21  OPERATING  AND FINANCIAL RISKS, AND (D) LONG-TERM LIABILITIES, INCLUDING
   22  LEASES AND EMPLOYEE BENEFIT PLANS;  (2)  A  COMPENSATION  SCHEDULE  THAT
   23  SHALL  INCLUDE,  BY  POSITION, TITLE AND NAME OF THE PERSON HOLDING SUCH
   24  POSITION OR TITLE, THE SALARY, COMPENSATION, ALLOWANCE  AND/OR  BENEFITS
   25  PROVIDED  TO  ANY  OFFICER, DIRECTOR OR EMPLOYEE IN A DECISION MAKING OR
   26  MANAGERIAL POSITION OF SUCH AUTHORITY WHOSE SALARY IS IN EXCESS  OF  ONE
   27  HUNDRED  THOUSAND  DOLLARS;  (3) BIOGRAPHICAL INFORMATION, NOT INCLUDING
   28  CONFIDENTIAL PERSONAL INFORMATION, FOR ALL DIRECTORS AND SENIOR  MANAGE-
   29  MENT;  (4)  AN  ASSESSMENT  OF THE EFFECTIVENESS OF ITS INTERNAL CONTROL
   30  STRUCTURE AND PROCEDURES; (5) A DESCRIPTION OF  THE  AUTHORITY  AND  ITS
   31  BOARD  STRUCTURE,  INCLUDING  (A)  NAMES  OF  COMMITTEES  AND  COMMITTEE
   32  MEMBERS, (B) LISTS OF BOARD MEETINGS AND ATTENDANCE, (C) DESCRIPTIONS OF
   33  MAJOR AUTHORITY DIVISIONS, DEPARTMENTS AND BUREAUS, AND  (D)  THE  TOTAL
   34  NUMBER  OF  FULL AND PART-TIME EMPLOYEES; (6) ITS BY-LAWS; (7) A LISTING
   35  OF MATERIAL CHANGES IN OPERATIONS  AND  PROGRAMS  DURING  THE  REPORTING
   36  YEAR;  (8)  AT  A  MINIMUM,  A FOUR-YEAR FINANCIAL PLAN, INCLUDING (A) A
   37  CURRENT AND PROJECTED  CAPITAL  BUDGET,  AND  (B)  AN  OPERATING  BUDGET
   38  REPORT,  INCLUDING  AN  ACTUAL VERSUS ESTIMATED BUDGET, WITH AN ANALYSIS
   39  AND  MEASUREMENT  OF  FINANCIAL  AND  OPERATING   PERFORMANCE;   (9)   A
   40  DESCRIPTION  OF  THE  TOTAL AMOUNTS OF ASSETS OR SERVICES OR BOTH ASSETS
   41  AND SERVICES BOUGHT OR SOLD WITHOUT COMPETITIVE BIDDING,  INCLUDING  (A)
   42  THE  NATURE OF THOSE ASSETS OR SERVICES, (B) THE NAMES OF THE PARTIES TO
   43  THE TRANSACTION, AND (C) WHERE THE CONTRACT PRICE FOR ASSETS OR SERVICES
   44  PURCHASED EXCEEDS FAIR MARKET VALUE, OR WHERE  THE  CONTRACT  PRICE  FOR
   45  ASSETS  OR  SERVICES  SOLD  IS  LESS  THAN FAIR MARKET VALUE, A DETAILED
   46  EXPLANATION OF THE JUSTIFICATION FOR MAKING THE PURCHASE OR SALE WITHOUT
   47  COMPETITIVE BIDDING, AND A CERTIFICATION BY THE  CHAIRPERSON  AND  CHIEF
   48  FINANCIAL  OFFICER OF THE AUTHORITY THAT THEY HAVE REVIEWED THE TERMS OF
   49  SUCH PURCHASE OR SALE AND DETERMINED THAT IT  COMPLIES  WITH  APPLICABLE
   50  LAW  AND  PROCUREMENT  GUIDELINES;  (10)  A  LIST AND DESCRIPTION OF THE
   51  DISPOSITION PROJECTS UNDERTAKEN BY THE  AUTHORITY  IN  THE  PAST  FISCAL
   52  YEAR, IN THE CURRENT FISCAL YEAR, AND IN THE FOLLOWING FISCAL YEAR; (11)
   53  A  LIST  AND DESCRIPTION OF ALL REAL PROPERTY OWNED, CONTROLLED OR OPER-
   54  ATED BY THE AUTHORITY, REGARDLESS OF SIZE OR  VALUE;  (12)  A  LIST  AND
   55  DESCRIPTION  OF  ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY FOR A PRICE
   56  OF FIFTY THOUSAND DOLLARS OR MORE IN THE CURRENT FISCAL YEAR, REGARDLESS
       S. 2470                             8
    1  OF WHETHER THE PURCHASE WAS FOR CASH, MORTGAGE, IN-KIND SERVICES OR  ANY
    2  OTHER  CONSIDERATION; (13) A LIST AND DESCRIPTION OF ANY OTHER ASSETS OR
    3  PROPERTY, THE VALUE OF WHICH EXCEEDS TEN THOUSAND DOLLARS; (14)  A  LIST
    4  AND  DESCRIPTION  OF  ANY  SERVICE OR EMPLOYMENT CONTRACTS, THE VALUE OF
    5  WHICH EXCEEDS FIFTY THOUSAND DOLLARS, TO WHICH THE AUTHORITY IS A PARTY;
    6  (15) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES
    7  IN AUTHORITY CONTRACTS AND SERVICES; (16) EMPLOYMENT NUMBERS RELATING TO
    8  THE AUTHORITY'S RESIDENT EMPLOYMENT PROGRAM  FOR  THE  REPORTING  FISCAL
    9  YEAR, INCLUDING BUT NOT LIMITED TO, THE TOTAL NUMBER OF POSITIONS AVAIL-
   10  ABLE, BROKEN DOWN BY THE TYPE OF JOBS; THE NUMBER OF APPLICANTS FOR EACH
   11  POSITION; THE LENGTH OF EMPLOYMENT OF EACH POSITION; THE RATE OF PAY AND
   12  BENEFITS  FOR  EACH  POSITION;  AND  THE NUMBER OF POSITIONS THAT LED TO
   13  FULL-TIME EMPLOYMENT FOR PARTICIPATING RESIDENTS; AND (17) A DESCRIPTION
   14  OF ANY MATERIAL PENDING LITIGATION IN WHICH THE AUTHORITY IS INVOLVED AS
   15  A PARTY DURING THE REPORTING YEAR.
   16    B. (1) THE AUTHORITY SHALL MAKE ACCESSIBLE  TO  THE  PUBLIC,  VIA  ITS
   17  OFFICIAL  WEB SITE, THE REPORT OR REPORTS REQUIRED PURSUANT TO PARAGRAPH
   18  A OF THIS SUBDIVISION EXCEPT INFORMATION THAT IS EXEMPT FROM  DISCLOSURE
   19  PURSUANT  TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE AUTHORITY SHALL
   20  ALSO PREPARE AND MAKE ACCESSIBLE A SUMMARY IN PLAIN ENGLISH OF THE PRIN-
   21  CIPAL INFORMATION IN ITS OPERATING AND CAPITAL BUDGET AND CONCLUSIONS TO
   22  BE DRAWN FROM IT. ANY FINANCIAL INFORMATION REQUIRED TO BE POSTED ON THE
   23  WEBSITE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE PRESENTED IN
   24  A DOWNLOADABLE, SEARCHABLE FORMAT.
   25    (2) THE AUTHORITY SHALL ALSO PREPARE AND  MAKE  AVAILABLE  FOR  PUBLIC
   26  INSPECTION  ON  ITS WEBSITE: (A) INFORMATION THAT DETAILS THE SOURCES OF
   27  DATA AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
   28  OPERATING AND CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT  WITH  GENERALLY
   29  ACCEPTED  BUDGETARY  PRACTICES;  (B) WITHIN SIXTY DAYS OF THE RELEASE OF
   30  THE ADOPTED BUDGET, MONTHLY PROJECTIONS FOR THE CURRENT FISCAL  YEAR  OF
   31  ALL REVENUE AND EXPENSES, AND STAFFING FOR THE AUTHORITY; (C) THE STATUS
   32  OF  CAPITAL  PROJECTS  BY  CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED TO
   33  COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND  (D)  AN  EXPLANATION  OF
   34  MATERIAL  VARIANCES  FROM  THE  CAPITAL  PLAN, SUCH AS COST OVERRUNS AND
   35  DELAYS.
   36    C. EVERY FINANCIAL REPORT SUBMITTED UNDER THIS  SUBDIVISION  SHALL  BE
   37  APPROVED  BY  THE  BOARD  AND SHALL BE CERTIFIED IN WRITING BY THE CHIEF
   38  EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER OF THE AUTHORITY  THAT
   39  BASED ON THE OFFICER'S KNOWLEDGE (1) THE INFORMATION PROVIDED THEREIN IS
   40  ACCURATE,  CORRECT AND DOES NOT CONTAIN ANY UNTRUE STATEMENT OF MATERIAL
   41  FACT; (2) DOES NOT OMIT ANY MATERIAL FACT WHICH, IF OMITTED, WOULD CAUSE
   42  THE FINANCIAL STATEMENTS TO BE MISLEADING IN LIGHT OF THE  CIRCUMSTANCES
   43  UNDER  WHICH  SUCH  STATEMENTS  ARE MADE; AND (3) FAIRLY PRESENTS IN ALL
   44  MATERIAL RESPECTS THE FINANCIAL CONDITION AND RESULTS OF  OPERATIONS  OF
   45  THE  AUTHORITY  AS  OF,  AND FOR, THE PERIODS PRESENTED IN THE FINANCIAL
   46  STATEMENTS.
   47    D. AT THE REQUEST OF THE AUTHORITY, THE AUTHORITIES BUDGET OFFICE  MAY
   48  DETERMINE  THAT  THE  REPORTS,  RECORDS,  DATA AND ANY OTHER INFORMATION
   49  SUBMITTED BY THE AUTHORITY PURSUANT TO  FEDERAL  LAWS,  RULES  OR  REGU-
   50  LATIONS  FULLY  COMPLIES  WITH  OR  OTHERWISE  SATISFIES  THE  REPORTING
   51  REQUIREMENTS SET FORTH  IN  THIS  SUBDIVISION.  THE  AUTHORITIES  BUDGET
   52  OFFICE  SHALL  INFORM  THE  AUTHORITY OF ITS DETERMINATION AND MAY WAIVE
   53  COMPLIANCE WITH PARAGRAPH A OF THIS SUBDIVISION OR SHALL  SPECIFY  THOSE
   54  MATTERS  SET  FORTH  IN  SUCH  PARAGRAPH  A  THAT THE AUTHORITY SHALL BE
   55  REQUIRED TO SUBMIT A REPORT ON. ANY DETERMINATION MADE BY  THE  AUTHORI-
       S. 2470                             9
    1  TIES  BUDGET  OFFICE  PURSUANT  TO THIS PARAGRAPH SHALL BE FINAL AND NOT
    2  SUBJECT TO JUDICIAL REVIEW.
    3    12. ANNUAL INDEPENDENT AUDIT REPORT.  A. THE AUTHORITY SHALL SUBMIT TO
    4  THE  INDEPENDENT  AUTHORITIES  BUDGET OFFICE ESTABLISHED PURSUANT TO THE
    5  PUBLIC AUTHORITIES LAW, THE MAYOR AND COMPTROLLER OF  THE  CITY  OF  NEW
    6  YORK,  AND  THE STATE LEGISLATURE, TOGETHER WITH THE REPORT DESCRIBED IN
    7  SUBDIVISION ELEVEN OF THIS SECTION, A COPY  OF  THE  ANNUAL  INDEPENDENT
    8  AUDIT REPORT, PERFORMED BY A CERTIFIED PUBLIC ACCOUNTING FIRM IN ACCORD-
    9  ANCE  WITH  GENERALLY ACCEPTED AUDITING STANDARDS, AND MANAGEMENT LETTER
   10  AND ANY OTHER EXTERNAL EXAMINATION OF THE  BOOKS  AND  ACCOUNTS  OF  THE
   11  AUTHORITY.
   12    B.  THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM THAT PERFORMS ANY
   13  AUDIT REQUIRED BY THIS SUBDIVISION SHALL  TIMELY  REPORT  TO  THE  BOARD
   14  MEMBERS OF THE AUTHORITY: (1) ALL CRITICAL ACCOUNTING POLICIES AND PRAC-
   15  TICES  TO  BE USED; (2) ALL ALTERNATIVE TREATMENTS OF FINANCIAL INFORMA-
   16  TION WITHIN GENERALLY ACCEPTED  ACCOUNTING  PRINCIPLES  THAT  HAVE  BEEN
   17  DISCUSSED  WITH  MANAGEMENT OFFICIALS OF THE AUTHORITY, RAMIFICATIONS OF
   18  THE USE OF SUCH ALTERNATIVE DISCLOSURES AND TREATMENTS, AND  THE  TREAT-
   19  MENT  PREFERRED BY THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM; AND
   20  (3) OTHER MATERIAL WRITTEN COMMUNICATIONS BETWEEN  THE  CERTIFIED  INDE-
   21  PENDENT PUBLIC ACCOUNTING FIRM AND THE MANAGEMENT OF THE AUTHORITY, SUCH
   22  AS  THE  MANAGEMENT  LETTER  ALONG WITH MANAGEMENT'S RESPONSE OR PLAN OF
   23  CORRECTIVE ACTION, MATERIAL CORRECTIONS IDENTIFIED OR SCHEDULE OF  UNAD-
   24  JUSTED DIFFERENCES, WHERE APPLICABLE.
   25    C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
   26  CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING SUCH  AUTHORITY'S
   27  ANNUAL  INDEPENDENT AUDIT WILL BE PROHIBITED IN PROVIDING AUDIT SERVICES
   28  TO THE AUTHORITY IF THE LEAD (OR  COORDINATING)  AUDIT  PARTNER  (HAVING
   29  PRIMARY  RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT PARTNER RESPONSIBLE
   30  FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT SERVICES FOR THE  AUTHORITY
   31  IN EACH OF THE FIVE PREVIOUS FISCAL YEARS.
   32    D.  THE  CERTIFIED  INDEPENDENT  PUBLIC ACCOUNTING FIRM PERFORMING THE
   33  AUTHORITY'S AUDIT SHALL BE  PROHIBITED  FROM  PERFORMING  ANY  NON-AUDIT
   34  SERVICES  TO  SUCH  AUTHORITY  CONTEMPORANEOUSLY  WITH THE AUDIT, UNLESS
   35  RECEIVING PREVIOUS WRITTEN APPROVAL BY THE BOARD  INCLUDING:  (1)  BOOK-
   36  KEEPING OR OTHER SERVICES RELATED TO THE ACCOUNTING RECORDS OR FINANCIAL
   37  STATEMENTS  OF  SUCH AUTHORITY; (2) FINANCIAL INFORMATION SYSTEMS DESIGN
   38  AND IMPLEMENTATION; (3) APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPIN-
   39  IONS,  OR  CONTRIBUTION-IN-KIND  REPORTS;  (4)  ACTUARIAL  SERVICES; (5)
   40  INTERNAL AUDIT OUTSOURCING SERVICES; (6) MANAGEMENT FUNCTIONS  OR  HUMAN
   41  SERVICES;  (7) BROKER OR DEALER, INVESTMENT ADVISOR, OR INVESTMENT BANK-
   42  ING SERVICES; AND (8) EXPERT SERVICES UNRELATED TO THE AUDIT.
   43    E. IT  SHALL  BE  PROHIBITED  FOR  ANY  CERTIFIED  INDEPENDENT  PUBLIC
   44  ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
   45  CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING OFFI-
   46  CER, OR ANY OTHER PERSON SERVING  IN  AN  EQUIVALENT  POSITION  FOR  THE
   47  AUTHORITY,  WAS EMPLOYED BY THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING
   48  FIRM AND PARTICIPATED IN ANY CAPACITY IN  THE  AUDIT  OF  THE  AUTHORITY
   49  DURING  THE  ONE YEAR PERIOD PRECEDING THE DATE OF THE INITIATION OF THE
   50  AUDIT.
   51    F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
   52  MAY EXEMPT INFORMATION FROM DISCLOSURE OR REPORT, IF THE COUNSEL OF SUCH
   53  AUTHORITY DEEMS THAT SUCH INFORMATION IS COVERED BY ARTICLE SIX  OF  THE
   54  PUBLIC OFFICERS LAW.
   55    13.  WHISTLEBLOWER  PROTECTION.   A. FOR THE PURPOSES OF THIS SUBDIVI-
   56  SION:
       S. 2470                            10
    1    (1) "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
    2  NEW YORK.
    3    (2) "EMPLOYEES" MEANS THOSE PERSONS EMPLOYED AT THE AUTHORITY, INCLUD-
    4  ING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOY-
    5  EES ON PROBATION, AND TEMPORARY EMPLOYEES.
    6    (3)  "INSPECTOR  GENERAL"  SHALL  MEAN  THE  INSPECTOR  GENERAL OF THE
    7  AUTHORITY APPOINTED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
    8    (4) "WHISTLEBLOWER" SHALL MEAN  ANY  EMPLOYEE  OF  THE  AUTHORITY  WHO
    9  DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEA-
   10  SANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER OF
   11  THE  AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL, ACQUISI-
   12  TION OF REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL  OR  PERSONAL
   13  PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
   14    B.  THE  BOARD  OF  THE AUTHORITY SHALL ESTABLISH WRITTEN POLICIES AND
   15  PROCEDURES PROTECTING EMPLOYEES FROM RETALIATION FOR DISCLOSING INFORMA-
   16  TION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OR  OTHER
   17  INAPPROPRIATE  BEHAVIOR BY A BOARD MEMBER OR AN EMPLOYEE OF THE AUTHORI-
   18  TY, INCLUDING BUT NOT LIMITED TO, INVESTMENTS, TRAVEL,  THE  ACQUISITION
   19  OF  REAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL PROPERTY, AND THE
   20  PROCUREMENT OF GOODS AND SERVICES.
   21    C. THE INSPECTOR GENERAL, AFTER CONSULTATION WITH THE ATTORNEY  GENER-
   22  AL,  SHALL  DEVELOP  A WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM WHICH
   23  SHALL INCLUDE, BUT NOT BE LIMITED TO:
   24    (1) EVALUATING AND COMMENTING ON WHISTLEBLOWER PROGRAMS  AND  POLICIES
   25  BY BOARD;
   26    (2)  ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE TO
   27  EMPLOYEES;
   28    (3) OFFERING ADVICE REGARDING EMPLOYEE RIGHTS UNDER  APPLICABLE  STATE
   29  AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
   30    (4) OFFERING AN OPPORTUNITY FOR EMPLOYEES TO IDENTIFY CONCERNS REGARD-
   31  ING ANY ISSUE AT THE AUTHORITY.
   32    D.  ANY  COMMUNICATIONS  BETWEEN AN EMPLOYEE AND THE INSPECTOR GENERAL
   33  PURSUANT TO THIS SUBDIVISION SHALL BE HELD STRICTLY CONFIDENTIAL BY  THE
   34  INSPECTOR  GENERAL,  UNLESS  THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING
   35  THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALITY SHALL NOT
   36  EXEMPT THE INSPECTOR GENERAL FROM  DISCLOSING  SUCH  INFORMATION,  WHERE
   37  APPROPRIATE, TO ANY LAW ENFORCEMENT AUTHORITY.
   38    E. THE AUTHORITY SHALL NOT FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN,
   39  HARASS  OR  DISCRIMINATE  AGAINST  AN EMPLOYEE BECAUSE OF THE EMPLOYEE'S
   40  ROLE AS A WHISTLEBLOWER, INSOFAR AS THE ACTIONS TAKEN  BY  THE  EMPLOYEE
   41  ARE LEGAL.
   42    14. LOBBYING CONTACTS. A. AS USED IN THIS SUBDIVISION:
   43    (1)  "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN THE LEGISLA-
   44  TIVE LAW.
   45    (2) "LOBBYING" SHALL MEAN AND INCLUDE, BUT  NOT  BE  LIMITED  TO,  ANY
   46  ATTEMPT TO INFLUENCE:
   47    (A)  THE  ADOPTION  OR  REJECTION OF ANY RULE OR REGULATION HAVING THE
   48  FORCE AND EFFECT OF LAW BY THE AUTHORITY; OR
   49    (B) ANY DETERMINATION INVOLVING OR RELATING TO ANY CONTRACTS OR AGREE-
   50  MENTS IN ANY AMOUNT OF THE AUTHORITY, INCLUDING PROCUREMENT CONTRACTS.
   51    (3) "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY  TELEPHONIC
   52  OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
   53  THE  ACT OF LOBBYING AND ANY PERSON WITHIN THE AUTHORITY WHO CAN MAKE OR
   54  INFLUENCE A DECISION ON THE SUBJECT OF THE LOBBYING  ON  BEHALF  OF  THE
   55  AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE BOARD AND
   56  ALL OFFICERS OF THE AUTHORITY.
       S. 2470                            11
    1    B. THE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING CONTACTS MADE
    2  WITH SUCH AUTHORITY.
    3    C.  EVERY  BOARD  MEMBER,  OFFICER OR EMPLOYEE OF THE AUTHORITY WHO IS
    4  CONTACTED BY A LOBBYIST SHALL MAKE  A  CONTEMPORANEOUS  RECORD  OF  SUCH
    5  CONTACT  CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF THE
    6  LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
    7    D. THE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIREMENTS OF
    8  THIS SUBDIVISION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL  SUCH
    9  RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH RECORDS FOR
   10  NOT  LESS  THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO ORGANIZE SUCH
   11  RECORDS IN A MANNER SO AS TO  MAKE  SUCH  RECORDS  USEFUL  TO  DETERMINE
   12  WHETHER  THE  DECISIONS  OF  THE  AUTHORITY  WERE INFLUENCED BY LOBBYING
   13  CONTACTS.
   14    15. OFFICE OF INSPECTOR GENERAL.  A. ESTABLISHMENT  AND  ORGANIZATION.
   15  (1)  THERE  IS HEREBY ESTABLISHED THE OFFICE OF THE INSPECTOR GENERAL IN
   16  THE AUTHORITY. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR GENERAL WHO
   17  SHALL BE APPOINTED BY, AND REPORT TO, THE COMMISSIONER OF THE DEPARTMENT
   18  OF INVESTIGATION OF THE CITY OF NEW YORK.
   19    (2) THE INSPECTOR GENERAL SHALL HOLD OFFICE AT THE DISCRETION  OF  THE
   20  COMMISSIONER  AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS QUALI-
   21  FIED.
   22    (3) THE INSPECTOR GENERAL MAY APPOINT ONE OR  MORE  DEPUTY  INSPECTORS
   23  GENERAL  TO  SERVE  AT HIS OR HER PLEASURE, WHO SHALL BE RESPONSIBLE FOR
   24  CONDUCTING INVESTIGATIONS IN THE AUTHORITY.
   25    B. FUNCTIONS AND DUTIES. THE INSPECTOR GENERAL SHALL HAVE THE  FOLLOW-
   26  ING DUTIES AND RESPONSIBILITIES:
   27    (1) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
   28  HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
   29  NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE AUTHORITY;
   30    (2) INFORM THE BOARD AND CHIEF EXECUTIVE DIRECTOR OF SUCH  ALLEGATIONS
   31  AND  THE  PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO, UNLESS SPECIAL
   32  CIRCUMSTANCES REQUIRE CONFIDENTIALITY;
   33    (3) DETERMINE WITH RESPECT TO SUCH  ALLEGATIONS  WHETHER  DISCIPLINARY
   34  ACTION,  CIVIL  OR  CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
   35  APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
   36  IN SUCH INVESTIGATIONS;
   37    (4) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
   38  GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
   39  REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
   40  ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
   41  TIALITY OF ONGOING INVESTIGATIONS;
   42    (5) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
   43  AUTHORITY  WITH  REGARD  TO  THE PREVENTION AND DETECTION OF CORRUPTION,
   44  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   45    (6) RECOMMEND REMEDIAL ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
   46  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   47    (7)  ESTABLISH  PROGRAMS FOR TRAINING AUTHORITY OFFICERS AND EMPLOYEES
   48  REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD,  CRIMINAL
   49  ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
   50    C. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
   51    (1) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   52    (2) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   53    (3)  REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
   54  MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
       S. 2470                            12
    1    (4) NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  EXAMINE  AND  COPY  OR
    2  REMOVE  DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD BY
    3  THE AUTHORITY;
    4    (5)  REQUIRE  ANY OFFICER OR EMPLOYEE OF THE AUTHORITY TO ANSWER QUES-
    5  TIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE  OF  HIS  OR  HER
    6  OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
    7  USED  AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
    8  CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM  SUCH  TESTIMONY.
    9  THE  REFUSAL  OF  ANY  OFFICER  OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE
   10  CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE  PENAL-
   11  TY;
   12    (6) MONITOR THE IMPLEMENTATION BY THE AUTHORITY OF ANY RECOMMENDATIONS
   13  MADE BY THE INSPECTOR GENERAL;
   14    (7)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
   15  FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
   16    D. RESPONSIBILITIES OF AUTHORITY OFFICERS AND EMPLOYEES. EVERY OFFICER
   17  OR EMPLOYEE OF THE AUTHORITY SHALL  REPORT  PROMPTLY  TO  THE  INSPECTOR
   18  GENERAL ANY INFORMATION CONCERNING CORRUPTION, FRAUD, CRIMINAL ACTIVITY,
   19  CONFLICTS  OF INTEREST OR ABUSE BY ANOTHER AUTHORITY OFFICER OR EMPLOYEE
   20  RELATING TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSI-
   21  NESS DEALINGS WITH THE AUTHORITY RELATING TO THOSE DEALINGS. THE KNOWING
   22  FAILURE OF ANY OFFICER OR EMPLOYEE TO  SO  REPORT  SHALL  BE  CAUSE  FOR
   23  REMOVAL  FROM  OFFICE  OR  EMPLOYMENT  OR OTHER APPROPRIATE PENALTY. ANY
   24  OFFICER OR EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION  BY  REPORTING
   25  TO  THE  INSPECTOR  GENERAL  IMPROPER  GOVERNMENTAL  ACTION SHALL NOT BE
   26  SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
   27    16. FINANCIAL DISCLOSURE.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW
   28  TO THE CONTRARY, BOARD MEMBERS, OFFICERS, AND EMPLOYEES OF THE AUTHORITY
   29  SHALL FILE ANNUAL FINANCIAL DISCLOSURE STATEMENTS AS REQUIRED BY SECTION
   30  12-110 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   31    17. COMPLIANCE WITH BUILDING CODES.   HOUSING AND OTHER  BUILDINGS  OR
   32  STRUCTURES THAT ARE OWNED, CONTROLLED OR OPERATED BY THE AUTHORITY SHALL
   33  BE  MAINTAINED  IN  ACCORDANCE WITH THE BUILDING CODE OF THE CITY OF NEW
   34  YORK. SUCH CITY SHALL ENFORCE THE BUILDING CODE WITH RESPECT  TO  BUILD-
   35  INGS  AND  STRUCTURES  OF THE AUTHORITY PURSUANT TO THE CITY CHARTER AND
   36  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   37    18. TENANT ASSISTANCE. A. FOR THE PURPOSES OF THIS SUBDIVISION:
   38    (1) "CCOP" SHALL MEAN THE  CITYWIDE  COUNCIL  OF  PRESIDENTS,  A  BODY
   39  ESTABLISHED BY THE AUTHORITY CONSISTING OF EVERY PRESIDENT OF A RESIDENT
   40  ASSOCIATION RECOGNIZED BY THE AUTHORITY; AND
   41    (2)  "RAB" SHALL MEAN A RESIDENT ADVISORY BOARD, A BOARD CONSISTING OF
   42  AUTHORITY RESIDENTS, REQUIRED TO  BE  ESTABLISHED  PURSUANT  TO  FEDERAL
   43  RULES AND REGULATIONS.
   44    B. AT THE BEGINNING OF EVERY CALENDAR YEAR, THE AUTHORITY SHALL INFORM
   45  THE CCOP EXECUTIVE BOARD REGARDING, AND MAKE AVAILABLE TO SUCH EXECUTIVE
   46  BOARD,  THE  AMOUNT  OF  FEDERAL  FUNDS APPROPRIATED OR ALLOCATED TO, OR
   47  OTHERWISE HELD BY, THE AUTHORITY FOR THE PURPOSES OF PROVIDING TECHNICAL
   48  ASSISTANCE OR EDUCATION TO THE RESIDENTS OR  RESIDENT  ORGANIZATIONS  OF
   49  THE AUTHORITY.
   50    C. (1) THE CCOP EXECUTIVE BOARD SHALL EXPEND OR USE SUCH FUNDS TO: (A)
   51  RETAIN  OR  EMPLOY  HOUSING  AND REAL ESTATE EXPERTS, SUCH AS ATTORNEYS,
   52  ACCOUNTANTS, FINANCIAL ADVISORS, REAL PROPERTY  APPRAISERS,  TO  PROVIDE
   53  ADVICE,  COUNSEL  AND OTHER ASSISTANCE TO AFFECTED RESIDENTS OR RESIDENT
   54  ASSOCIATIONS OR ORGANIZATIONS ON ANY REAL PROPERTY DEMOLITION OR  DISPO-
   55  SITION  PROJECT  PLANNED  OR  PROPOSED  BY THE AUTHORITY; OR (B) FOR ANY
   56  OTHER EXPENDITURES AUTHORIZED IN APPLICABLE LAWS, RULES AND REGULATIONS.
       S. 2470                            13
    1    (2) THE CCOP EXECUTIVE BOARD SHALL INFORM EACH RAB OF THE AVAILABILITY
    2  OF SUCH EXPERTS AND ANY OTHER RESOURCES. AT THE REQUEST OF  A  RAB,  THE
    3  CCOP  EXECUTIVE BOARD SHALL MAKE SUCH EXPERTS AND OTHER RESOURCES AVAIL-
    4  ABLE TO ANY RAB AFFECTED BY A PLANNED OR  PROPOSED  DISPOSITION  BY  THE
    5  AUTHORITY.
    6    (3)  SUCH  EXPERTS SHALL BE PAID DIRECTLY FROM THE FUNDS APPROPRIATED,
    7  ALLOCATED OR HELD FOR SUCH PURPOSE, AND SHALL  REPORT  DIRECTLY  TO  THE
    8  CCOP EXECUTIVE BOARD.
    9    D.  AT  THE  END  OF THE CALENDAR YEAR, THE CCOP EXECUTIVE BOARD SHALL
   10  PREPARE AND SUBMIT A REPORT TO THE AUTHORITY  SETTING  FORTH  THE  TOTAL
   11  AMOUNT  OF  FUNDS  THAT  WERE  EXPENDED  DURING  THE CALENDAR YEAR AND A
   12  DETAILED ACCOUNT ON HOW SUCH FUNDS WERE EXPENDED.
   13    19. SOLE SOURCE CONTACTS.   A. THE AUTHORITY  SHALL  NOTIFY  THE  CITY
   14  COMPTROLLER  OF  THE  CITY OF NEW YORK OF ANY CONTRACTS OR CATEGORIES OF
   15  CONTRACTS, THE VALUE OF WHICH EXCEEDS ONE  MILLION  DOLLARS,  WHERE  THE
   16  CONTRACT  OR  CATEGORIES  OF  CONTRACTS IS PROPOSED TO BE AWARDED BY THE
   17  AUTHORITY TO A SINGLE SOURCE, A SOLE SOURCE OR  PURSUANT  TO  ANY  OTHER
   18  METHOD  OF  PROCUREMENT  THAT  IS NOT COMPETITIVE.   NOTWITHSTANDING ANY
   19  PROVISIONS OF LAW TO  THE  CONTRARY,  SUCH  CONTRACT  OR  CATEGORIES  OF
   20  CONTRACTS  ARE  SUBJECT  TO THE APPROVAL OF SUCH CITY COMPTROLLER.  SUCH
   21  NOTIFICATION SHALL IDENTIFY THE PROCESS FOR SUBMISSION, THE CONTRACT  OR
   22  CATEGORIES  OF  CONTRACTS  AT  ISSUE  AND THE TIME PERIOD FOR WHICH SUCH
   23  SUBMISSION IS TO TAKE PLACE. THE CITY COMPTROLLER SHALL PROMULGATE  SUCH
   24  RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO CARRY OUT HIS OR HER
   25  RESPONSIBILITIES UNDER THIS SUBDIVISION, INCLUDING BUT  NOT  LIMITED  TO
   26  THE  STANDARDS FOR DETERMINING WHICH CONTRACTS WILL BE SUBJECT TO HIS OR
   27  HER REVIEW AND FOR APPROVING SUCH CONTRACTS.
   28    B. WHERE THE CITY COMPTROLLER, PURSUANT TO PARAGRAPH A OF THIS  SUBDI-
   29  VISION,  HAS  NOTIFIED  THE  AUTHORITY  THAT  A  CONTRACT OR CATEGORY OF
   30  CONTRACTS IS SUBJECT TO HIS OR HER APPROVAL, IF THE COMPTROLLER HAS  NOT
   31  APPROVED  OR  DISAPPROVED  ANY  CONTRACT  SUBJECT TO HIS OR HER APPROVAL
   32  WITHIN NINETY DAYS OF SUBMISSION TO HIS OR  HER  OFFICE,  SUCH  CONTRACT
   33  SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL.
   34    C.  THIS SUBDIVISION SHALL NOT APPLY TO CONTRACTS ENTERED INTO FOR THE
   35  PROCUREMENT OF GOODS, SERVICES OR BOTH GOODS AND SERVICES MADE  TO  MEET
   36  EMERGENCIES ARISING FROM UNFORESEEN CAUSES OR TO EFFECT REPAIRS TO CRIT-
   37  ICAL  INFRASTRUCTURE THAT ARE NECESSARY TO AVOID A DELAY IN THE DELIVERY
   38  OF CRITICAL SERVICES THAT COULD COMPROMISE TENANT OR  PUBLIC  SAFETY  OR
   39  WELFARE.
   40    S 3. Section 1678 of the public authorities law is amended by adding a
   41  new subdivision 29 to read as follows:
   42    29.  TO  ENTER  INTO  A CONSTRUCTION MANAGEMENT AGREEMENT WITH THE NEW
   43  YORK CITY HOUSING AUTHORITY, PURSUANT TO WHICH ONE  OR  MORE  BUILDINGS,
   44  FACILITIES  OR  STRUCTURES OWNED, CONTROLLED OR OPERATED BY THE NEW YORK
   45  CITY HOUSING AUTHORITY LOCATED IN  THE  CITY  OF  NEW  YORK  ARE  TO  BE
   46  CONSTRUCTED,  RECONSTRUCTED,  REHABILITATED, IMPROVED, MODERNIZED, RENO-
   47  VATED OR EXPANDED FOR SUCH AUTHORITY.
   48    S 4. Severability. If any clause, sentence, paragraph, section or part
   49  of this act shall be adjudged by any court of competent jurisdiction  to
   50  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
   51  remainder thereof, but shall be confined in its operation to the clause,
   52  sentence, paragraph, section or part thereof directly  involved  in  the
   53  controversy in which the judgment shall have been rendered.
   54    S  5.  This  act shall take effect on the ninetieth day after it shall
   55  have become a law, provided, however, that  effective  immediately,  the
   56  addition,  amendment  and/or  repeal of any rule or regulation necessary
       S. 2470                            14
    1  for the implementation of this act on its effective date  is  authorized
    2  to be made and completed on or before such date.