S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1936
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN, TITONE, GOTTFRIED, MOSLEY, FARRELL,
         WRIGHT, ROBINSON, COLTON, ORTIZ, OTIS, RODRIGUEZ, PERRY -- Multi-Spon-
         sored by -- M. of A. ARROYO, BORELLI,  COOK,  CORWIN,  GLICK,  HEVESI,
         HIKIND,  LENTOL,  RIVERA -- read once and referred to the Committee on
         Corporations, Authorities and Commissions
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01259-01-5
       A. 1936                             2
    1  PRESCRIBED BY THE NEW YORK INDEPENDENT AUTHORITIES BUDGET OFFICE  ESTAB-
    2  LISHED  PURSUANT  TO  TITLE TWO OF ARTICLE ONE OF THE PUBLIC AUTHORITIES
    3  LAW IN WHICH THE BOARD MEMBER ACKNOWLEDGES THAT HE  OR  SHE  UNDERSTANDS
    4  HIS OR HER ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN SUBPARA-
    5  GRAPH  FOUR  OF  THIS  PARAGRAPH, AND ACKNOWLEDGES THAT HE OR SHE UNDER-
    6  STANDS HIS OR HER DUTY OF LOYALTY  AND  CARE  TO  THE  ORGANIZATION  AND
    7  COMMITMENT TO THE AUTHORITY'S MISSION AND THE PUBLIC INTEREST.
    8    C.  ALL  BOARD MEMBERS, INCLUDING THE TENANT MEMBER, SHALL PARTICIPATE
    9  IN TRAINING APPROVED BY THE INSPECTOR GENERAL OF THE AUTHORITY REGARDING
   10  THEIR LEGAL, FIDUCIARY, FINANCIAL AND ETHICAL RESPONSIBILITIES AS DIREC-
   11  TORS OF AN AUTHORITY WITHIN ONE YEAR OF APPOINTMENT TO THE BOARD.  BOARD
   12  MEMBERS SHALL PARTICIPATE IN SUCH CONTINUING TRAINING AS MAY BE REQUIRED
   13  TO  REMAIN  INFORMED OF BEST PRACTICES, REGULATORY AND STATUTORY CHANGES
   14  RELATING TO THE EFFECTIVE OVERSIGHT  OF  THE  MANAGEMENT  AND  FINANCIAL
   15  ACTIVITIES OF PUBLIC CORPORATIONS AND TO ADHERE TO THE HIGHEST STANDARDS
   16  OF RESPONSIBLE GOVERNANCE.
   17    D.  NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE AUTHORITY SHALL NOT,
   18  DIRECTLY OR INDIRECTLY, EXTEND  OR  MAINTAIN  CREDIT,  ARRANGE  FOR  THE
   19  EXTENSION  OF  CREDIT, OR RENEW AN EXTENSION OF CREDIT, IN THE FORM OF A
   20  PERSONAL LOAN TO OR FOR ANY OFFICER, BOARD MEMBER  OR  EMPLOYEE  OF  THE
   21  AUTHORITY.
   22    S 2. Section 402 of the public housing law is amended by adding eleven
   23  new subdivisions 10, 10-a, 11, 12, 13, 14, 15, 16, 17, 18 and 19 to read
   24  as follows:
   25    10. DISPOSITION OF PROPERTY.  A. DEFINITIONS. FOR THE PURPOSES OF THIS
   26  SUBDIVISION:
   27    (1) "AUTHORITIES BUDGET OFFICE" SHALL MEAN THE INDEPENDENT AUTHORITIES
   28  BUDGET OFFICE ESTABLISHED PURSUANT TO SECTION FOUR OF THE PUBLIC AUTHOR-
   29  ITIES LAW.
   30    (2)  "CITY  COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW
   31  YORK.
   32    (3) "CONTRACTING OFFICER" SHALL MEAN THE OFFICER OR  EMPLOYEE  OF  THE
   33  AUTHORITY  WHO  SHALL  BE  APPOINTED  BY  RESOLUTION OF THE BOARD OF THE
   34  AUTHORITY TO BE RESPONSIBLE FOR THE DISPOSITION OF PROPERTY.
   35    (4) "DISPOSE", "DISPOSITION" OR "DISPOSAL" SHALL MEAN THE SALE,  LEASE
   36  OR  TRANSFER  OF  TITLE  OR ANY OTHER BENEFICIAL INTEREST IN PERSONAL OR
   37  REAL PROPERTY IN ACCORDANCE WITH PARAGRAPH C OF  THIS  SUBDIVISION,  AND
   38  SHALL ALSO INCLUDE THE DEMOLITION OF REAL PROPERTY.
   39    (5) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
   40    (6) "PROPERTY" SHALL MEAN PERSONAL PROPERTY IN EXCESS OF FIVE THOUSAND
   41  DOLLARS  IN  VALUE, REAL PROPERTY, AND ANY INCHOATE OR OTHER INTEREST IN
   42  SUCH PROPERTY, TO THE EXTENT THAT  SUCH  INTEREST  MAY  BE  CONVEYED  TO
   43  ANOTHER PERSON FOR ANY PURPOSE, EXCLUDING AN INTEREST SECURING A LOAN OR
   44  OTHER FINANCIAL OBLIGATION OF ANOTHER PARTY.
   45    B.  DUTIES  OF THE AUTHORITY WITH RESPECT TO THE DISPOSAL OF PROPERTY.
   46  (1) THE AUTHORITY SHALL ADOPT  BY  RESOLUTION  COMPREHENSIVE  GUIDELINES
   47  WHICH SHALL (A) DETAIL THE AUTHORITY'S OPERATIVE POLICY AND INSTRUCTIONS
   48  REGARDING  THE  USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR
   49  THE DISPOSAL OF PROPERTY, AND (B) DESIGNATE A PROPERTY MANAGEMENT  OFFI-
   50  CER  WHO  SHALL  BE RESPONSIBLE FOR THE AUTHORITY'S COMPLIANCE WITH, AND
   51  ENFORCEMENT OF, SUCH GUIDELINES.   SUCH GUIDELINES SHALL  BE  CONSISTENT
   52  WITH, AND SHALL REQUIRE THE AUTHORITY'S DISPOSITION ACTIVITIES TO COMPLY
   53  WITH  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY
   54  OTHER APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF  PROP-
   55  ERTY, EXCEPT THAT SUCH GUIDELINES MAY BE STRICTER THAN THE PROVISIONS OF
   56  THIS  SUBDIVISION,  THE  AUTHORITY'S  ENABLING LEGISLATION AND ANY OTHER
       A. 1936                             3
    1  APPLICABLE FEDERAL LAWS AND REGULATIONS FOR THE DISPOSAL OF PROPERTY  IF
    2  THE  AUTHORITY  DETERMINES  THAT  ADDITIONAL SAFEGUARDS ARE NECESSARY TO
    3  ASSURE THE INTEGRITY OF ITS DISPOSITION ACTIVITIES. GUIDELINES  APPROVED
    4  BY THE AUTHORITY SHALL BE ANNUALLY REVIEWED AND APPROVED BY THE BOARD OF
    5  THE  AUTHORITY. ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH IN EACH YEAR,
    6  THE AUTHORITY SHALL FILE WITH THE AUTHORITIES BUDGET OFFICE  A  COPY  OF
    7  THE  GUIDELINES  MOST  RECENTLY  REVIEWED AND APPROVED BY THE AUTHORITY,
    8  INCLUDING THE NAME OF THE  AUTHORITY'S  DESIGNATED  PROPERTY  MANAGEMENT
    9  OFFICER.  AT  THE  TIME  OF  FILING SUCH GUIDELINES WITH THE AUTHORITIES
   10  BUDGET OFFICE, THE AUTHORITY SHALL ALSO  POST  SUCH  GUIDELINES  ON  THE
   11  AUTHORITY'S  INTERNET  WEBSITE.    GUIDELINES  POSTED ON THE AUTHORITY'S
   12  INTERNET WEBSITE SHALL BE MAINTAINED ON SUCH WEBSITE AT LEAST UNTIL  THE
   13  PROCUREMENT  GUIDELINES  FOR  THE  FOLLOWING  YEAR  ARE  POSTED  ON SUCH
   14  WEBSITE.
   15    (2) THE AUTHORITY SHALL:
   16    (A) MAINTAIN ADEQUATE INVENTORY CONTROLS  AND  ACCOUNTABILITY  SYSTEMS
   17  FOR ALL PROPERTY UNDER ITS CONTROL;
   18    (B)  PERIODICALLY  INVENTORY SUCH PROPERTY TO DETERMINE WHICH PROPERTY
   19  SHALL BE DISPOSED OF; AND
   20    (C) PRODUCE A WRITTEN REPORT  OF  SUCH  PROPERTY  IN  ACCORDANCE  WITH
   21  SUBPARAGRAPH THREE OF THIS PARAGRAPH.
   22    (3) (A) THE AUTHORITY SHALL PUBLISH, AT LEAST ANNUALLY, A REPORT LIST-
   23  ING  ALL  REAL  PROPERTY OWNED, CONTROLLED OR OPERATED BY THE AUTHORITY.
   24  SUCH REPORT SHALL INCLUDE A LIST AND FULL DESCRIPTION  OF  ALL  PROPERTY
   25  DISPOSED  OF  DURING  SUCH  PERIOD.  THE  REPORT SHALL CONTAIN THE PRICE
   26  RECEIVED BY THE AUTHORITY AND THE NAME OF THE  PURCHASER  FOR  ALL  SUCH
   27  PROPERTY DISPOSED OF BY THE AUTHORITY DURING SUCH PERIOD.
   28    (B) THE AUTHORITY SHALL DELIVER COPIES OF SUCH REPORT TO THE INDEPEND-
   29  ENT  AUTHORITIES BUDGET OFFICE, THE MAYOR, THE CITY COMPTROLLER, THE NEW
   30  YORK CITY COUNCIL AND THE STATE LEGISLATURE.
   31    C. DISPOSAL OF AUTHORITY PROPERTY. (1) EXCEPT AS OTHERWISE PROVIDED IN
   32  THIS SUBDIVISION, THE PROPERTY  MANAGEMENT  OFFICER  DESIGNATED  BY  THE
   33  AUTHORITY SHALL HAVE SUPERVISION OVER THE DISPOSITION OF PROPERTY OF THE
   34  AUTHORITY.
   35    (2)  THE CUSTODY AND CONTROL OF THE PROPERTY OF THE AUTHORITY, PENDING
   36  ITS DISPOSITION, AND THE DISPOSAL OF SUCH PROPERTY, SHALL  BE  PERFORMED
   37  BY THE AUTHORITY.
   38    (3)  SUBJECT TO SUBPARAGRAPH FIVE OF THIS PARAGRAPH, THE AUTHORITY MAY
   39  DISPOSE OF PROPERTY FOR NOT LESS THAN THE  FAIR  MARKET  VALUE  OF  SUCH
   40  PROPERTY  BY  SALE,  LEASE,  EXCHANGE, OR TRANSFER, FOR CASH, CREDIT, OR
   41  OTHER PROPERTY, WITH OR WITHOUT WARRANTY, AND UPON SUCH OTHER TERMS  AND
   42  CONDITIONS  AS  THE AUTHORITY DEEMS PROPER, PROVIDED THAT SUCH TERMS AND
   43  CONDITIONS ARE CONSISTENT WITH INDUSTRY PRACTICES AND ARE COMPARABLE  TO
   44  TERMS  AND  CONDITIONS  CONTAINED  IN  SIMILAR  AGREEMENTS  OR CONTRACTS
   45  BETWEEN AND BY PRIVATE PARTIES, AND IT MAY EXECUTE  SUCH  DOCUMENTS  FOR
   46  THE  TRANSFER OF TITLE OR OTHER INTEREST IN PROPERTY AND TAKE SUCH OTHER
   47  ACTION AS IT DEEMS NECESSARY OR PROPER TO DISPOSE OF SUCH PROPERTY UNDER
   48  THE PROVISIONS OF THIS SUBDIVISION PROVIDED, HOWEVER, THAT  NO  DISPOSI-
   49  TION  OF  REAL PROPERTY, OR ANY INTEREST IN REAL PROPERTY, SHALL BE MADE
   50  UNLESS AN APPRAISAL OF THE VALUE OF SUCH PROPERTY HAS BEEN  MADE  BY  AN
   51  INDEPENDENT  APPRAISER  AND  INCLUDED  IN THE RECORD OF THE TRANSACTION,
   52  AND, PROVIDED FURTHER, THAT NO DISPOSITION OF ANY OTHER PROPERTY,  WHICH
   53  BECAUSE OF ITS UNIQUE NATURE OR THE UNIQUE CIRCUMSTANCES OF THE PROPOSED
   54  TRANSACTION  IS  NOT READILY VALUED BY REFERENCE TO AN ACTIVE MARKET FOR
   55  SIMILAR PROPERTY, SHALL BE MADE WITHOUT A SIMILAR APPRAISAL.
       A. 1936                             4
    1    (4) (A) ALL DISPOSALS OR CONTRACTS FOR DISPOSAL  OF  PROPERTY  OF  THE
    2  AUTHORITY  MADE  OR  AUTHORIZED  BY  THE  AUTHORITY  SHALL BE MADE AFTER
    3  PUBLICLY ADVERTISING FOR BIDS EXCEPT AS PROVIDED IN CLAUSE (C)  OF  THIS
    4  SUBPARAGRAPH.
    5    (B)  WHENEVER PUBLIC ADVERTISING FOR BIDS IS REQUIRED UNDER CLAUSE (A)
    6  OF THIS SUBPARAGRAPH:
    7    (I) THE ADVERTISEMENT FOR BIDS SHALL BE MADE AT SUCH TIME PRIOR TO THE
    8  DISPOSAL OR CONTRACT, THROUGH SUCH METHODS, AND ON SUCH TERMS AND CONDI-
    9  TIONS AS SHALL PERMIT FULL AND  FREE  COMPETITION  CONSISTENT  WITH  THE
   10  VALUE AND NATURE OF THE PROPERTY;
   11    (II) ALL BIDS SHALL BE PUBLICLY DISCLOSED AT THE TIME AND PLACE STATED
   12  IN THE ADVERTISEMENT; AND
   13    (III)  THE AWARD SHALL BE MADE WITH REASONABLE PROMPTNESS BY NOTICE TO
   14  THE RESPONSIBLE BIDDER WHOSE BID, CONFORMING TO THE INVITATION FOR BIDS,
   15  WILL BE MOST ADVANTAGEOUS TO THE  AUTHORITY,  PRICE  AND  OTHER  FACTORS
   16  CONSIDERED;  PROVIDED,  THAT  ALL BIDS MAY BE REJECTED WHEN IT IS IN THE
   17  PUBLIC INTEREST TO DO SO.
   18    (C) DISPOSALS AND CONTRACTS FOR DISPOSAL OF PROPERTY MAY BE NEGOTIATED
   19  OR MADE BY PUBLIC AUCTION WITHOUT REGARD TO CLAUSES (A) AND (B) OF  THIS
   20  SUBPARAGRAPH  BUT  SUBJECT  TO OBTAINING SUCH COMPETITION AS IS FEASIBLE
   21  UNDER THE CIRCUMSTANCES, IF:
   22    (I) THE PERSONAL PROPERTY INVOLVED HAS  QUALITIES  SEPARATE  FROM  THE
   23  UTILITARIAN PURPOSE OF SUCH PROPERTY, SUCH AS ARTISTIC QUALITY, ANTIQUI-
   24  TY, HISTORICAL SIGNIFICANCE, RARITY, OR OTHER QUALITY OF SIMILAR EFFECT,
   25  THAT WOULD TEND TO INCREASE ITS VALUE, OR IF THE PERSONAL PROPERTY IS TO
   26  BE  SOLD IN SUCH QUANTITY THAT, IF IT WERE DISPOSED OF UNDER CLAUSES (A)
   27  AND (B) OF THIS SUBPARAGRAPH, WOULD ADVERSELY AFFECT THE STATE OR  LOCAL
   28  MARKET  FOR  SUCH  PROPERTY, AND THE ESTIMATED FAIR MARKET VALUE OF SUCH
   29  PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL  CAN  BE  OBTAINED  BY
   30  NEGOTIATION;
   31    (II) THE FAIR MARKET VALUE OF THE PROPERTY DOES NOT EXCEED FIFTY THOU-
   32  SAND DOLLARS;
   33    (III) BID PRICES AFTER ADVERTISING THEREFOR ARE NOT REASONABLE, EITHER
   34  AS  TO  ALL OR SOME PART OF THE PROPERTY, OR HAVE NOT BEEN INDEPENDENTLY
   35  ARRIVED AT IN OPEN COMPETITION;
   36    (IV) THE DISPOSAL WILL BE TO THE STATE OR ANY  POLITICAL  SUBDIVISION,
   37  AND  THE ESTIMATED FAIR MARKET VALUE OF THE PROPERTY AND OTHER SATISFAC-
   38  TORY TERMS OF DISPOSAL ARE OBTAINED BY NEGOTIATION;
   39    (V) UNDER THOSE CIRCUMSTANCES PERMITTED BY SUBPARAGRAPH FIVE  OF  THIS
   40  PARAGRAPH; OR
   41    (VI) SUCH ACTION IS OTHERWISE AUTHORIZED BY LAW.
   42    (D)  (I)  AN  EXPLANATORY  STATEMENT  SHALL BE PREPARED OF THE CIRCUM-
   43  STANCES OF EACH DISPOSAL BY NEGOTIATION OF:
   44    (A) ANY PERSONAL PROPERTY WHICH HAS AN ESTIMATED FAIR MARKET VALUE  IN
   45  EXCESS OF FIFTY THOUSAND DOLLARS;
   46    (B)  ANY  REAL  PROPERTY  THAT  HAS  AN ESTIMATED FAIR MARKET VALUE IN
   47  EXCESS OF FIFTY THOUSAND DOLLARS;
   48    (C) ANY REAL PROPERTY DISPOSED OF AT BELOW FAIR MARKET VALUE OR FOR  A
   49  NOMINAL PRICE.
   50    (II)  EACH SUCH STATEMENT SHALL BE TRANSMITTED TO THE PERSONS ENTITLED
   51  TO RECEIVE COPIES OF THE REPORT  REQUIRED  UNDER  PARAGRAPH  B  OF  THIS
   52  SUBDIVISION NOT LESS THAN NINETY DAYS IN ADVANCE OF SUCH DISPOSAL, AND A
   53  COPY THEREOF SHALL BE PRESERVED IN THE FILES OF THE AUTHORITY.
   54    (5)  (A)  NO PROPERTY OWNED, LEASED OR OTHERWISE IN THE CONTROL OF THE
   55  AUTHORITY MAY BE SOLD, LEASED, OR OTHERWISE ALIENATED FOR LESS THAN  ITS
   56  FAIR MARKET VALUE EXCEPT:
       A. 1936                             5
    1    (I)  IF  THE  PURCHASER, LESSEE OR TRANSFEREE IS A GOVERNMENT OR OTHER
    2  PUBLIC ENTITY, AND THE TERMS AND CONDITIONS OF THE  DISPOSITION  REQUIRE
    3  THAT  THE OWNERSHIP AND USE OF THE ASSET WILL REMAIN WITH THE GOVERNMENT
    4  OR ANY OTHER PUBLIC ENTITY; OR
    5    (II)  IF  THE AUTHORITY SEEKS TO DISPOSE OF PROPERTY FOR LESS THAN ITS
    6  FAIR MARKET VALUE TO OTHER THAN  A  GOVERNMENTAL  ENTITY  THE  AUTHORITY
    7  SHALL  PROVIDE WRITTEN NOTIFICATION THEREOF TO THE MAYOR, THE CITY COMP-
    8  TROLLER, THE STATE LEGISLATURE AND THE NEW YORK CITY COUNCIL.
    9    (B) IN THE EVENT A BELOW FAIR MARKET  VALUE  PROPERTY  DISPOSITION  IS
   10  PROPOSED,  THE  FOLLOWING INFORMATION MUST BE PROVIDED TO THE MAYOR, THE
   11  CITY COMPTROLLER, THE STATE LEGISLATURE AND THE NEW  YORK  CITY  COUNCIL
   12  AND THE GENERAL PUBLIC:
   13    (I) A FULL DESCRIPTION OF THE PROPERTY;
   14    (II)  AN  APPRAISAL  OF  THE FAIR MARKET VALUE OF THE PROPERTY AND ANY
   15  OTHER INFORMATION ESTABLISHING THE FAIR MARKET VALUE;
   16    (III) A DESCRIPTION OF THE PURPOSE OF THE DISPOSITION AND A  STATEMENT
   17  OF  THE  KIND AND AMOUNT OF THE BENEFIT TO THE RESIDENTS OF THE AUTHORI-
   18  TY'S HOUSING RESULTING FROM THE DISPOSITION, INCLUDING BUT  NOT  LIMITED
   19  TO,  THE  BENEFITS,  IF ANY, TO THE COMMUNITIES IN WHICH THE PROPERTY IS
   20  SITUATED;
   21    (IV) A STATEMENT OF THE FINANCIAL VALUE TO BE RECEIVED BY THE AUTHORI-
   22  TY AND BY THE PRIVATE PARTIES PARTICIPATING OR OTHERWISE INVOLVED IN THE
   23  PROPERTY COMPARED TO THE FAIR MARKET VALUE, INCLUDING THE  PROJECTED  OR
   24  POTENTIAL  VALUE OF ANY TAX CREDITS, EXEMPTIONS, GOVERNMENT SUBSIDIES OR
   25  GRANTS, OR REAL PROPERTY TAX ABATEMENTS GIVEN TO THE PRIVATE PARTIES;
   26    (V) THE NAMES OF ANY PRIVATE PARTIES PARTICIPATING IN THE DISPOSITION,
   27  AND IF DIFFERENT THAN THE STATEMENT REQUIRED BY SUBCLAUSE (IV)  OF  THIS
   28  CLAUSE, A STATEMENT OF THE VALUE TO THE PRIVATE PARTY;
   29    (VI)  THE  NAMES  OF  OTHER PRIVATE PARTIES WHO HAVE MADE AN OFFER FOR
   30  SUCH PROPERTY, THE VALUE OFFERED, AND THE PURPOSE FOR WHICH THE PROPERTY
   31  WAS SOUGHT TO BE USED; AND
   32    (VII) AN ANALYSIS COMPARING THE VALUE OR CONSIDERATION RECEIVED BY THE
   33  AUTHORITY FOR A DISPOSITION OF AUTHORITY REAL PROPERTY WITH THE VALUE OR
   34  CONSIDERATION THAT A PRIVATE PARTY PURCHASER OR LESSOR WOULD RECEIVE FOR
   35  DISPOSING OF SIMILARLY-SITUATED OR COMPARABLE REAL PROPERTY AND EXPLAIN-
   36  ING THE DIFFERENCES OR DISCREPANCIES BETWEEN  TWO  VALUES  OR  CONSIDER-
   37  ATION.
   38    (C)  BEFORE  APPROVING THE DISPOSAL OF ANY PROPERTY FOR LESS THAN FAIR
   39  MARKET VALUE, THE BOARD SHALL  CONSIDER  THE  INFORMATION  DESCRIBED  IN
   40  CLAUSE  (B)  OF  THIS SUBPARAGRAPH AND MAKE A WRITTEN DETERMINATION THAT
   41  THERE IS NO REASONABLE ALTERNATIVE TO THE PROPOSED BELOW-MARKET DISPOSI-
   42  TION THAT WOULD ACHIEVE THE SAME PURPOSE OF SUCH DISPOSITION. THE DETER-
   43  MINATION SHALL INCLUDE THE REASONS FOR  DISPOSING  OF  THE  PROPERTY  AT
   44  BELOW FAIR MARKET VALUE.
   45    D.  PUBLIC  HEARINGS.  (1) IN ADDITION TO THE PUBLIC HEARINGS REQUIRED
   46  PURSUANT TO FEDERAL LAWS  AND  REGULATIONS,  THE  AUTHORITY  SHALL  ALSO
   47  CONDUCT  AT  LEAST ONE PUBLIC HEARING AT THE DEVELOPMENT, PROJECT, HOUSE
   48  OR SITE IN WHICH THE  DISPOSITION  IS  BEING  PLANNED  OR  PROPOSED,  AS
   49  FOLLOWS:
   50    (A)  AT  LEAST  TEN  DAYS  PRIOR  TO  THE DATE WHEN THE APPLICATION TO
   51  DISPOSE OF THE AFFECTED PROPERTY IS PRESENTED TO THE AUTHORITY'S GOVERN-
   52  ING BOARD FOR APPROVAL. THE HEARING SHALL INCLUDE A  FULL  AND  DETAILED
   53  PRESENTATION ON THE APPRAISAL OF THE SUBJECT PROPERTY;
   54    (B)  IF THE AUTHORITY MAKES A SIGNIFICANT AMENDMENT TO THE APPLICATION
   55  AT ANY TIME AFTER THE PUBLIC HEARING CONDUCTED PURSUANT TO CLAUSE (A) OF
   56  THIS SUBPARAGRAPH. THE  AUTHORITY  MAY  NOT  SUBMIT  THE  AMENDMENT  AND
       A. 1936                             6
    1  FORWARD THE AMENDED APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING AND
    2  URBAN  DEVELOPMENT UNTIL THE AUTHORITY HAS CONDUCTED A PUBLIC HEARING ON
    3  THE SIGNIFICANT AMENDMENT. FOR THE PURPOSES OF THIS CLAUSE, "SIGNIFICANT
    4  AMENDMENT"  SHALL  MEAN:  ANY CHANGE TO THE APPLICATION THAT WILL IN ANY
    5  WAY IMPAIR, CHANGE OR  AFFECT  THE  RIGHTS  OF,  AND  BENEFITS  TO,  THE
    6  AFFECTED  RESIDENTS,  THE AFFECTED HOUSING DEVELOPMENT OR PROJECT OR THE
    7  RESIDENTS OF PUBLIC HOUSING; AND THAT IS NOT MERELY CORRECTING  A  TYPO-
    8  GRAPHICAL ERROR, OR MAKING CONFORMING OR TECHNICAL AMENDMENTS; AND
    9    (C) WITHIN FIFTEEN DAYS AFTER THE AUTHORITY HAS RECEIVED APPROVAL FROM
   10  THE  FEDERAL  DEPARTMENT OF HOUSING AND URBAN RENEWAL ON THE APPLICATION
   11  TO DISPOSE OF THE PROPERTY. THE AUTHORITY SHALL  NOT  BE  AUTHORIZED  TO
   12  IMPLEMENT  THE  APPROVED  APPLICATION UNTIL SUCH PUBLIC HEARING HAS BEEN
   13  HELD.
   14    (2) THE AUTHORITY SHALL PROVIDE WRITTEN NOTICE IN A  MANNER  AND  FORM
   15  SUFFICIENT  TO  INFORM  THE AFFECTED RESIDENTS, TENANT ORGANIZATIONS AND
   16  THE PUBLIC AT LEAST TEN DAYS BEFORE THE DATE OF ANY  PUBLIC  HEARING  IS
   17  CONDUCTED PURSUANT TO THIS PARAGRAPH.
   18    E.  BOARD ACTION. (1) AS A CONDITION FOR ITS SUBMISSION TO THE FEDERAL
   19  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE APPLICATION TO  DISPOSE
   20  OF  REAL  PROPERTY  SHALL  BE  APPROVED  BY THE MEMBERS OF THE AUTHORITY
   21  PURSUANT TO A BOARD RESOLUTION, AS PROVIDED IN THIS PARAGRAPH.
   22    (2) THE RESOLUTION MUST BE DATED AFTER THE DATE OF THE  LAST  RESIDENT
   23  MEETING AND AFTER THE DATE OF ANY LETTER OF SUPPORT FROM THE APPROPRIATE
   24  GOVERNMENT  OFFICIALS  RELATING TO THE APPLICATION, AND SHALL SET FORTH,
   25  AMONG OTHER THINGS:
   26    (A) THE DATES AND A DESCRIPTION OF THE  CONSULTATION  WITH  RESIDENTS,
   27  TENANT ORGANIZATIONS AND OTHER INTERESTED PARTIES;
   28    (B) THE DATES AND A DESCRIPTION OF ANY CONSULTATION WITH LOCAL GOVERN-
   29  MENT OFFICIALS; AND
   30    (C)  LETTERS  OF SUPPORT FROM THE APPROPRIATE TENANT ORGANIZATIONS AND
   31  PUBLIC OFFICIALS.
   32    10-A. PROJECT TRACKING SYSTEM. A. THE AUTHORITY  SHALL  ESTABLISH  AND
   33  MAINTAIN  A  SYSTEM TO TRACK, MONITOR AND ASSESS THE STATUS AND PROGRESS
   34  OF ALL CAPITAL PROJECTS, AND ALL DISPOSITION PROJECTS  APPROVED  BY  THE
   35  FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OF EVERY MAINTE-
   36  NANCE  OR  REPAIR  PROJECT  PERFORMED BY THE DEPARTMENT. THE INFORMATION
   37  CONTAINED IN ANY SUCH SYSTEM SHALL INCLUDE, AT A MINIMUM:
   38    (1) A DESCRIPTION OF THE PROJECT, INCLUDING ITS LOCATION;
   39    (2) THE CATEGORY OR TYPE OF REPAIR, IF APPLICABLE;
   40    (3) THE ORIGINAL START DATE;
   41    (4) THE ACTUAL START DATE, IF DIFFERENT THAN THE ORIGINAL START DATE;
   42    (5) THE ORIGINAL BUDGET;
   43    (6) THE CURRENT BUDGET;
   44    (7) THE FINAL COST OF THE PROJECT;
   45    (8) THE CURRENT PHASE OF THE PROJECT;
   46    (9) THE ORIGINAL COMPLETION DATE; AND
   47    (10) THE ACTUAL  COMPLETION  DATE,  IF  DIFFERENT  THAN  THE  ORIGINAL
   48  COMPLETION DATE.
   49    B.  THE  SYSTEM  SHALL  BE OPEN AND AVAILABLE TO THE AUTHORITY'S RESI-
   50  DENTS.  THE AUTHORITY SHALL ENSURE THAT THE INFORMATION CONTAINED IN THE
   51  TRACKING SYSTEM IS AVAILABLE ON THE AUTHORITY'S WEBSITE.
   52    C. THE AUTHORITY SHALL ISSUE A  REPORT,  AT  LEAST  ANNUALLY,  SETTING
   53  FORTH  AND  EXPLAINING THE INFORMATION CONTAINED IN THE TRACKING SYSTEM,
   54  INCLUDING:
   55    (1) THE TOTAL NUMBER OF REQUESTS FOR  REPAIRS,  BROKEN  DOWN  BY  WORK
   56  TYPES OR CATEGORIES;
       A. 1936                             7
    1    (2)  THE  TOTAL NUMBER OF PENDING OR OUTSTANDING PROJECTS, BROKEN DOWN
    2  BY WORK TYPES OR CATEGORIES;
    3    (3) THE TOTAL NUMBER OF PROJECTS COMPLETED;
    4    (4)  THE  AVERAGE  NUMBER  OF  DAYS  TO COMPLETE MAINTENANCE OR REPAIR
    5  PROJECTS, BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
    6    (5) THE TOTAL NUMBER OF MAINTENANCE AND REPAIR PROJECTS NOT COMPLETED,
    7  BROKEN DOWN BY THE DIFFERENT WORK TYPES OR CATEGORIES;
    8    (6) AN ESTIMATE OF THE NUMBER OF DAYS REQUIRED TO COMPLETE ALL OF  THE
    9  PROJECTS, INCLUDING ANY BACKLOGS;
   10    (7)  AN  EXPLANATION  OR REASONS FOR ANY DELAYS IN THE COMPLETION OF A
   11  PROJECT IN A TIMELY MANNER; AND
   12    (8) AN EXPLANATION OR REASONS WHY THE COSTS OF A PROJECT EXCEEDED  THE
   13  ORIGINAL BUDGET, IF APPLICABLE.
   14    11.  REPORTING  REQUIREMENTS.    A.  THE AUTHORITY SHALL SUBMIT TO THE
   15  INDEPENDENT AUTHORITIES BUDGET OFFICE ESTABLISHED  PURSUANT  TO  SECTION
   16  FOUR OF THE PUBLIC AUTHORITIES LAW, THE MAYOR AND THE COMPTROLLER OF THE
   17  CITY OF NEW YORK AND THE STATE LEGISLATURE, WITHIN NINETY DAYS AFTER THE
   18  END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OR REPORTS TO THE
   19  EXTENT  THAT  SUCH  MATTERS  ARE  NOT FULLY REPORTED OR DISCLOSED IN THE
   20  ANNUAL INDEPENDENT AUDIT REPORT PURSUANT  TO  THIS  SUBDIVISION  SETTING
   21  FORTH:    (1) ITS FINANCIAL REPORTS, INCLUDING (A) AUDITED FINANCIALS IN
   22  ACCORDANCE WITH  ALL  APPLICABLE  REGULATIONS  AND  FOLLOWING  GENERALLY
   23  ACCEPTED  ACCOUNTING  PRINCIPLES,  (B)  GRANT  AND SUBSIDY PROGRAMS, (C)
   24  OPERATING AND FINANCIAL RISKS, AND (D) LONG-TERM LIABILITIES,  INCLUDING
   25  LEASES  AND  EMPLOYEE  BENEFIT  PLANS;  (2) A COMPENSATION SCHEDULE THAT
   26  SHALL INCLUDE, BY POSITION, TITLE AND NAME OF THE  PERSON  HOLDING  SUCH
   27  POSITION  OR  TITLE, THE SALARY, COMPENSATION, ALLOWANCE AND/OR BENEFITS
   28  PROVIDED TO ANY OFFICER, DIRECTOR OR EMPLOYEE IN A  DECISION  MAKING  OR
   29  MANAGERIAL  POSITION  OF SUCH AUTHORITY WHOSE SALARY IS IN EXCESS OF ONE
   30  HUNDRED THOUSAND DOLLARS; (3) BIOGRAPHICAL  INFORMATION,  NOT  INCLUDING
   31  CONFIDENTIAL  PERSONAL INFORMATION, FOR ALL DIRECTORS AND SENIOR MANAGE-
   32  MENT; (4) AN ASSESSMENT OF THE EFFECTIVENESS  OF  ITS  INTERNAL  CONTROL
   33  STRUCTURE  AND  PROCEDURES;  (5)  A DESCRIPTION OF THE AUTHORITY AND ITS
   34  BOARD  STRUCTURE,  INCLUDING  (A)  NAMES  OF  COMMITTEES  AND  COMMITTEE
   35  MEMBERS, (B) LISTS OF BOARD MEETINGS AND ATTENDANCE, (C) DESCRIPTIONS OF
   36  MAJOR  AUTHORITY  DIVISIONS,  DEPARTMENTS AND BUREAUS, AND (D) THE TOTAL
   37  NUMBER OF FULL AND PART-TIME EMPLOYEES; (6) ITS BY-LAWS; (7)  A  LISTING
   38  OF  MATERIAL  CHANGES  IN  OPERATIONS  AND PROGRAMS DURING THE REPORTING
   39  YEAR; (8) AT A MINIMUM, A FOUR-YEAR  FINANCIAL  PLAN,  INCLUDING  (A)  A
   40  CURRENT  AND  PROJECTED  CAPITAL  BUDGET,  AND  (B)  AN OPERATING BUDGET
   41  REPORT, INCLUDING AN ACTUAL VERSUS ESTIMATED BUDGET,  WITH  AN  ANALYSIS
   42  AND   MEASUREMENT   OF   FINANCIAL  AND  OPERATING  PERFORMANCE;  (9)  A
   43  DESCRIPTION OF THE TOTAL AMOUNTS OF ASSETS OR SERVICES  OR  BOTH  ASSETS
   44  AND  SERVICES  BOUGHT OR SOLD WITHOUT COMPETITIVE BIDDING, INCLUDING (A)
   45  THE NATURE OF THOSE ASSETS OR SERVICES, (B) THE NAMES OF THE PARTIES  TO
   46  THE TRANSACTION, AND (C) WHERE THE CONTRACT PRICE FOR ASSETS OR SERVICES
   47  PURCHASED  EXCEEDS  FAIR  MARKET  VALUE, OR WHERE THE CONTRACT PRICE FOR
   48  ASSETS OR SERVICES SOLD IS LESS  THAN  FAIR  MARKET  VALUE,  A  DETAILED
   49  EXPLANATION OF THE JUSTIFICATION FOR MAKING THE PURCHASE OR SALE WITHOUT
   50  COMPETITIVE  BIDDING,  AND  A CERTIFICATION BY THE CHAIRPERSON AND CHIEF
   51  FINANCIAL OFFICER OF THE AUTHORITY THAT THEY HAVE REVIEWED THE TERMS  OF
   52  SUCH  PURCHASE  OR  SALE AND DETERMINED THAT IT COMPLIES WITH APPLICABLE
   53  LAW AND PROCUREMENT GUIDELINES; (10)  A  LIST  AND  DESCRIPTION  OF  THE
   54  DISPOSITION  PROJECTS  UNDERTAKEN  BY  THE  AUTHORITY IN THE PAST FISCAL
   55  YEAR, IN THE CURRENT FISCAL YEAR, AND IN THE FOLLOWING FISCAL YEAR; (11)
   56  A LIST AND DESCRIPTION OF ALL REAL PROPERTY OWNED, CONTROLLED  OR  OPER-
       A. 1936                             8
    1  ATED  BY  THE  AUTHORITY,  REGARDLESS  OF SIZE OR VALUE; (12) A LIST AND
    2  DESCRIPTION OF ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY FOR  A  PRICE
    3  OF FIFTY THOUSAND DOLLARS OR MORE IN THE CURRENT FISCAL YEAR, REGARDLESS
    4  OF  WHETHER THE PURCHASE WAS FOR CASH, MORTGAGE, IN-KIND SERVICES OR ANY
    5  OTHER CONSIDERATION; (13) A LIST AND DESCRIPTION OF ANY OTHER ASSETS  OR
    6  PROPERTY,  THE  VALUE OF WHICH EXCEEDS TEN THOUSAND DOLLARS; (14) A LIST
    7  AND DESCRIPTION OF ANY SERVICE OR EMPLOYMENT  CONTRACTS,  THE  VALUE  OF
    8  WHICH EXCEEDS FIFTY THOUSAND DOLLARS, TO WHICH THE AUTHORITY IS A PARTY;
    9  (15) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES
   10  IN AUTHORITY CONTRACTS AND SERVICES; (16) EMPLOYMENT NUMBERS RELATING TO
   11  THE  AUTHORITY'S  RESIDENT  EMPLOYMENT  PROGRAM FOR THE REPORTING FISCAL
   12  YEAR, INCLUDING BUT NOT LIMITED TO, THE TOTAL NUMBER OF POSITIONS AVAIL-
   13  ABLE, BROKEN DOWN BY THE TYPE OF JOBS; THE NUMBER OF APPLICANTS FOR EACH
   14  POSITION; THE LENGTH OF EMPLOYMENT OF EACH POSITION; THE RATE OF PAY AND
   15  BENEFITS FOR EACH POSITION; AND THE NUMBER  OF  POSITIONS  THAT  LED  TO
   16  FULL-TIME EMPLOYMENT FOR PARTICIPATING RESIDENTS; AND (17) A DESCRIPTION
   17  OF ANY MATERIAL PENDING LITIGATION IN WHICH THE AUTHORITY IS INVOLVED AS
   18  A PARTY DURING THE REPORTING YEAR.
   19    B.  (1)  THE  AUTHORITY  SHALL  MAKE ACCESSIBLE TO THE PUBLIC, VIA ITS
   20  OFFICIAL WEB SITE, THE REPORT OR REPORTS REQUIRED PURSUANT TO  PARAGRAPH
   21  A  OF THIS SUBDIVISION EXCEPT INFORMATION THAT IS EXEMPT FROM DISCLOSURE
   22  PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. THE AUTHORITY  SHALL
   23  ALSO PREPARE AND MAKE ACCESSIBLE A SUMMARY IN PLAIN ENGLISH OF THE PRIN-
   24  CIPAL INFORMATION IN ITS OPERATING AND CAPITAL BUDGET AND CONCLUSIONS TO
   25  BE DRAWN FROM IT. ANY FINANCIAL INFORMATION REQUIRED TO BE POSTED ON THE
   26  WEBSITE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE PRESENTED IN
   27  A DOWNLOADABLE, SEARCHABLE FORMAT.
   28    (2)  THE  AUTHORITY  SHALL  ALSO PREPARE AND MAKE AVAILABLE FOR PUBLIC
   29  INSPECTION ON ITS WEBSITE: (A) INFORMATION THAT DETAILS THE  SOURCES  OF
   30  DATA AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
   31  OPERATING  AND  CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT WITH GENERALLY
   32  ACCEPTED BUDGETARY PRACTICES; (B) WITHIN SIXTY DAYS OF  THE  RELEASE  OF
   33  THE  ADOPTED  BUDGET, MONTHLY PROJECTIONS FOR THE CURRENT FISCAL YEAR OF
   34  ALL REVENUE AND EXPENSES, AND STAFFING FOR THE AUTHORITY; (C) THE STATUS
   35  OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING  BUT  NOT  LIMITED  TO
   36  COMMITMENTS,  EXPENDITURES  AND  COMPLETIONS;  AND (D) AN EXPLANATION OF
   37  MATERIAL VARIANCES FROM THE CAPITAL PLAN,  SUCH  AS  COST  OVERRUNS  AND
   38  DELAYS.
   39    C.  EVERY  FINANCIAL  REPORT SUBMITTED UNDER THIS SUBDIVISION SHALL BE
   40  APPROVED BY THE BOARD AND SHALL BE CERTIFIED IN  WRITING  BY  THE  CHIEF
   41  EXECUTIVE  OFFICER AND THE CHIEF FINANCIAL OFFICER OF THE AUTHORITY THAT
   42  BASED ON THE OFFICER'S KNOWLEDGE (1) THE INFORMATION PROVIDED THEREIN IS
   43  ACCURATE, CORRECT AND DOES NOT CONTAIN ANY UNTRUE STATEMENT OF  MATERIAL
   44  FACT; (2) DOES NOT OMIT ANY MATERIAL FACT WHICH, IF OMITTED, WOULD CAUSE
   45  THE  FINANCIAL STATEMENTS TO BE MISLEADING IN LIGHT OF THE CIRCUMSTANCES
   46  UNDER WHICH SUCH STATEMENTS ARE MADE; AND (3)  FAIRLY  PRESENTS  IN  ALL
   47  MATERIAL  RESPECTS  THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF
   48  THE AUTHORITY AS OF, AND FOR, THE PERIODS  PRESENTED  IN  THE  FINANCIAL
   49  STATEMENTS.
   50    D.  AT THE REQUEST OF THE AUTHORITY, THE AUTHORITIES BUDGET OFFICE MAY
   51  DETERMINE THAT THE REPORTS, RECORDS,  DATA  AND  ANY  OTHER  INFORMATION
   52  SUBMITTED  BY  THE  AUTHORITY  PURSUANT  TO FEDERAL LAWS, RULES OR REGU-
   53  LATIONS  FULLY  COMPLIES  WITH  OR  OTHERWISE  SATISFIES  THE  REPORTING
   54  REQUIREMENTS  SET  FORTH  IN  THIS  SUBDIVISION.  THE AUTHORITIES BUDGET
   55  OFFICE SHALL INFORM THE AUTHORITY OF ITS  DETERMINATION  AND  MAY  WAIVE
   56  COMPLIANCE  WITH  PARAGRAPH A OF THIS SUBDIVISION OR SHALL SPECIFY THOSE
       A. 1936                             9
    1  MATTERS SET FORTH IN SUCH  PARAGRAPH  A  THAT  THE  AUTHORITY  SHALL  BE
    2  REQUIRED  TO  SUBMIT A REPORT ON. ANY DETERMINATION MADE BY THE AUTHORI-
    3  TIES BUDGET OFFICE PURSUANT TO THIS PARAGRAPH SHALL  BE  FINAL  AND  NOT
    4  SUBJECT TO JUDICIAL REVIEW.
    5    12. ANNUAL INDEPENDENT AUDIT REPORT.  A. THE AUTHORITY SHALL SUBMIT TO
    6  THE  INDEPENDENT  AUTHORITIES  BUDGET OFFICE ESTABLISHED PURSUANT TO THE
    7  PUBLIC AUTHORITIES LAW, THE MAYOR AND COMPTROLLER OF  THE  CITY  OF  NEW
    8  YORK,  AND  THE STATE LEGISLATURE, TOGETHER WITH THE REPORT DESCRIBED IN
    9  SUBDIVISION ELEVEN OF THIS SECTION, A COPY  OF  THE  ANNUAL  INDEPENDENT
   10  AUDIT REPORT, PERFORMED BY A CERTIFIED PUBLIC ACCOUNTING FIRM IN ACCORD-
   11  ANCE  WITH  GENERALLY ACCEPTED AUDITING STANDARDS, AND MANAGEMENT LETTER
   12  AND ANY OTHER EXTERNAL EXAMINATION OF THE  BOOKS  AND  ACCOUNTS  OF  THE
   13  AUTHORITY.
   14    B.  THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM THAT PERFORMS ANY
   15  AUDIT REQUIRED BY THIS SUBDIVISION SHALL  TIMELY  REPORT  TO  THE  BOARD
   16  MEMBERS OF THE AUTHORITY: (1) ALL CRITICAL ACCOUNTING POLICIES AND PRAC-
   17  TICES  TO  BE USED; (2) ALL ALTERNATIVE TREATMENTS OF FINANCIAL INFORMA-
   18  TION WITHIN GENERALLY ACCEPTED  ACCOUNTING  PRINCIPLES  THAT  HAVE  BEEN
   19  DISCUSSED  WITH  MANAGEMENT OFFICIALS OF THE AUTHORITY, RAMIFICATIONS OF
   20  THE USE OF SUCH ALTERNATIVE DISCLOSURES AND TREATMENTS, AND  THE  TREAT-
   21  MENT  PREFERRED BY THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM; AND
   22  (3) OTHER MATERIAL WRITTEN COMMUNICATIONS BETWEEN  THE  CERTIFIED  INDE-
   23  PENDENT PUBLIC ACCOUNTING FIRM AND THE MANAGEMENT OF THE AUTHORITY, SUCH
   24  AS  THE  MANAGEMENT  LETTER  ALONG WITH MANAGEMENT'S RESPONSE OR PLAN OF
   25  CORRECTIVE ACTION, MATERIAL CORRECTIONS IDENTIFIED OR SCHEDULE OF  UNAD-
   26  JUSTED DIFFERENCES, WHERE APPLICABLE.
   27    C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
   28  CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING SUCH  AUTHORITY'S
   29  ANNUAL  INDEPENDENT AUDIT WILL BE PROHIBITED IN PROVIDING AUDIT SERVICES
   30  TO THE AUTHORITY IF THE LEAD (OR  COORDINATING)  AUDIT  PARTNER  (HAVING
   31  PRIMARY  RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT PARTNER RESPONSIBLE
   32  FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT SERVICES FOR THE  AUTHORITY
   33  IN EACH OF THE FIVE PREVIOUS FISCAL YEARS.
   34    D.  THE  CERTIFIED  INDEPENDENT  PUBLIC ACCOUNTING FIRM PERFORMING THE
   35  AUTHORITY'S AUDIT SHALL BE  PROHIBITED  FROM  PERFORMING  ANY  NON-AUDIT
   36  SERVICES  TO  SUCH  AUTHORITY  CONTEMPORANEOUSLY  WITH THE AUDIT, UNLESS
   37  RECEIVING PREVIOUS WRITTEN APPROVAL BY THE BOARD  INCLUDING:  (1)  BOOK-
   38  KEEPING OR OTHER SERVICES RELATED TO THE ACCOUNTING RECORDS OR FINANCIAL
   39  STATEMENTS  OF  SUCH AUTHORITY; (2) FINANCIAL INFORMATION SYSTEMS DESIGN
   40  AND IMPLEMENTATION; (3) APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPIN-
   41  IONS,  OR  CONTRIBUTION-IN-KIND  REPORTS;  (4)  ACTUARIAL  SERVICES; (5)
   42  INTERNAL AUDIT OUTSOURCING SERVICES; (6) MANAGEMENT FUNCTIONS  OR  HUMAN
   43  SERVICES;  (7) BROKER OR DEALER, INVESTMENT ADVISOR, OR INVESTMENT BANK-
   44  ING SERVICES; AND (8) EXPERT SERVICES UNRELATED TO THE AUDIT.
   45    E. IT  SHALL  BE  PROHIBITED  FOR  ANY  CERTIFIED  INDEPENDENT  PUBLIC
   46  ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
   47  CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING OFFI-
   48  CER, OR ANY OTHER PERSON SERVING  IN  AN  EQUIVALENT  POSITION  FOR  THE
   49  AUTHORITY,  WAS EMPLOYED BY THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING
   50  FIRM AND PARTICIPATED IN ANY CAPACITY IN  THE  AUDIT  OF  THE  AUTHORITY
   51  DURING  THE  ONE YEAR PERIOD PRECEDING THE DATE OF THE INITIATION OF THE
   52  AUDIT.
   53    F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
   54  MAY EXEMPT INFORMATION FROM DISCLOSURE OR REPORT, IF THE COUNSEL OF SUCH
   55  AUTHORITY DEEMS THAT SUCH INFORMATION IS COVERED BY ARTICLE SIX  OF  THE
   56  PUBLIC OFFICERS LAW.
       A. 1936                            10
    1    13.  WHISTLEBLOWER  PROTECTION.   A. FOR THE PURPOSES OF THIS SUBDIVI-
    2  SION:
    3    (1) "ATTORNEY GENERAL" SHALL MEAN THE ATTORNEY GENERAL OF THE STATE OF
    4  NEW YORK.
    5    (2) "EMPLOYEES" MEANS THOSE PERSONS EMPLOYED AT THE AUTHORITY, INCLUD-
    6  ING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME EMPLOYEES, THOSE EMPLOY-
    7  EES ON PROBATION, AND TEMPORARY EMPLOYEES.
    8    (3)  "INSPECTOR  GENERAL"  SHALL  MEAN  THE  INSPECTOR  GENERAL OF THE
    9  AUTHORITY APPOINTED PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   10    (4) "WHISTLEBLOWER" SHALL MEAN  ANY  EMPLOYEE  OF  THE  AUTHORITY  WHO
   11  DISCLOSES INFORMATION CONCERNING ACTS OF WRONGDOING, MISCONDUCT, MALFEA-
   12  SANCE, OR OTHER INAPPROPRIATE BEHAVIOR BY AN EMPLOYEE OR BOARD MEMBER OF
   13  THE  AUTHORITY, CONCERNING THE AUTHORITY'S INVESTMENTS, TRAVEL, ACQUISI-
   14  TION OF REAL OR PERSONAL PROPERTY, THE DISPOSITION OF REAL  OR  PERSONAL
   15  PROPERTY AND THE PROCUREMENT OF GOODS AND SERVICES.
   16    B.  THE  BOARD  OF  THE AUTHORITY SHALL ESTABLISH WRITTEN POLICIES AND
   17  PROCEDURES PROTECTING EMPLOYEES FROM RETALIATION FOR DISCLOSING INFORMA-
   18  TION CONCERNING ACTS OF WRONGDOING,  MISCONDUCT,  MALFEASANCE  OR  OTHER
   19  INAPPROPRIATE  BEHAVIOR BY A BOARD MEMBER OR AN EMPLOYEE OF THE AUTHORI-
   20  TY, INCLUDING BUT NOT LIMITED TO, INVESTMENTS, TRAVEL,  THE  ACQUISITION
   21  OF  REAL PROPERTY, THE DISPOSITION OF REAL OR PERSONAL PROPERTY, AND THE
   22  PROCUREMENT OF GOODS AND SERVICES.
   23    C. THE INSPECTOR GENERAL, AFTER CONSULTATION WITH THE ATTORNEY  GENER-
   24  AL,  SHALL  DEVELOP  A WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM WHICH
   25  SHALL INCLUDE, BUT NOT BE LIMITED TO:
   26    (1) EVALUATING AND COMMENTING ON WHISTLEBLOWER PROGRAMS  AND  POLICIES
   27  BY BOARD;
   28    (2)  ESTABLISHING TOLL-FREE TELEPHONE AND FACSIMILE LINES AVAILABLE TO
   29  EMPLOYEES;
   30    (3) OFFERING ADVICE REGARDING EMPLOYEE RIGHTS UNDER  APPLICABLE  STATE
   31  AND FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS; AND
   32    (4) OFFERING AN OPPORTUNITY FOR EMPLOYEES TO IDENTIFY CONCERNS REGARD-
   33  ING ANY ISSUE AT THE AUTHORITY.
   34    D.  ANY  COMMUNICATIONS  BETWEEN AN EMPLOYEE AND THE INSPECTOR GENERAL
   35  PURSUANT TO THIS SUBDIVISION SHALL BE HELD STRICTLY CONFIDENTIAL BY  THE
   36  INSPECTOR  GENERAL,  UNLESS  THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING
   37  THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT SUCH CONFIDENTIALITY SHALL NOT
   38  EXEMPT THE INSPECTOR GENERAL FROM  DISCLOSING  SUCH  INFORMATION,  WHERE
   39  APPROPRIATE, TO ANY LAW ENFORCEMENT AUTHORITY.
   40    E. THE AUTHORITY SHALL NOT FIRE, DISCHARGE, DEMOTE, SUSPEND, THREATEN,
   41  HARASS  OR  DISCRIMINATE  AGAINST  AN EMPLOYEE BECAUSE OF THE EMPLOYEE'S
   42  ROLE AS A WHISTLEBLOWER, INSOFAR AS THE ACTIONS TAKEN  BY  THE  EMPLOYEE
   43  ARE LEGAL.
   44    14. LOBBYING CONTACTS. A. AS USED IN THIS SUBDIVISION:
   45    (1)  "LOBBYIST" SHALL HAVE THE SAME MEANING AS DEFINED IN THE LEGISLA-
   46  TIVE LAW.
   47    (2) "LOBBYING" SHALL MEAN AND INCLUDE, BUT  NOT  BE  LIMITED  TO,  ANY
   48  ATTEMPT TO INFLUENCE:
   49    (A)  THE  ADOPTION  OR  REJECTION OF ANY RULE OR REGULATION HAVING THE
   50  FORCE AND EFFECT OF LAW BY THE AUTHORITY; OR
   51    (B) ANY DETERMINATION INVOLVING OR RELATING TO ANY CONTRACTS OR AGREE-
   52  MENTS IN ANY AMOUNT OF THE AUTHORITY, INCLUDING PROCUREMENT CONTRACTS.
   53    (3) "CONTACT" SHALL MEAN ANY CONVERSATION, IN PERSON OR BY  TELEPHONIC
   54  OR OTHER REMOTE MEANS, OR CORRESPONDENCE BETWEEN ANY LOBBYIST ENGAGED IN
   55  THE  ACT OF LOBBYING AND ANY PERSON WITHIN THE AUTHORITY WHO CAN MAKE OR
   56  INFLUENCE A DECISION ON THE SUBJECT OF THE LOBBYING  ON  BEHALF  OF  THE
       A. 1936                            11
    1  AUTHORITY, AND SHALL INCLUDE, AT A MINIMUM, ALL MEMBERS OF THE BOARD AND
    2  ALL OFFICERS OF THE AUTHORITY.
    3    B. THE AUTHORITY SHALL MAINTAIN A RECORD OF ALL LOBBYING CONTACTS MADE
    4  WITH SUCH AUTHORITY.
    5    C.  EVERY  BOARD  MEMBER,  OFFICER OR EMPLOYEE OF THE AUTHORITY WHO IS
    6  CONTACTED BY A LOBBYIST SHALL MAKE  A  CONTEMPORANEOUS  RECORD  OF  SUCH
    7  CONTACT  CONTAINING THE DAY AND TIME OF THE CONTACT, THE IDENTITY OF THE
    8  LOBBYIST AND A GENERAL SUMMARY OF THE SUBSTANCE OF THE CONTACT.
    9    D. THE AUTHORITY SHALL ADOPT A POLICY IMPLEMENTING THE REQUIREMENTS OF
   10  THIS SUBDIVISION. SUCH POLICY SHALL APPOINT AN OFFICER TO WHOM ALL  SUCH
   11  RECORDS SHALL BE DELIVERED. SUCH OFFICER SHALL MAINTAIN SUCH RECORDS FOR
   12  NOT  LESS  THAN SEVEN YEARS IN A FILING SYSTEM DESIGNED TO ORGANIZE SUCH
   13  RECORDS IN A MANNER SO AS TO  MAKE  SUCH  RECORDS  USEFUL  TO  DETERMINE
   14  WHETHER  THE  DECISIONS  OF  THE  AUTHORITY  WERE INFLUENCED BY LOBBYING
   15  CONTACTS.
   16    15. OFFICE OF INSPECTOR GENERAL.  A. ESTABLISHMENT  AND  ORGANIZATION.
   17  (1)  THERE  IS HEREBY ESTABLISHED THE OFFICE OF THE INSPECTOR GENERAL IN
   18  THE AUTHORITY. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR GENERAL WHO
   19  SHALL BE APPOINTED BY, AND REPORT TO, THE COMMISSIONER OF THE DEPARTMENT
   20  OF INVESTIGATION OF THE CITY OF NEW YORK.
   21    (2) THE INSPECTOR GENERAL SHALL HOLD OFFICE AT THE DISCRETION  OF  THE
   22  COMMISSIONER  AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS QUALI-
   23  FIED.
   24    (3) THE INSPECTOR GENERAL MAY APPOINT ONE OR  MORE  DEPUTY  INSPECTORS
   25  GENERAL  TO  SERVE  AT HIS OR HER PLEASURE, WHO SHALL BE RESPONSIBLE FOR
   26  CONDUCTING INVESTIGATIONS IN THE AUTHORITY.
   27    B. FUNCTIONS AND DUTIES. THE INSPECTOR GENERAL SHALL HAVE THE  FOLLOW-
   28  ING DUTIES AND RESPONSIBILITIES:
   29    (1) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
   30  HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
   31  NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE AUTHORITY;
   32    (2) INFORM THE BOARD AND CHIEF EXECUTIVE DIRECTOR OF SUCH  ALLEGATIONS
   33  AND  THE  PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO, UNLESS SPECIAL
   34  CIRCUMSTANCES REQUIRE CONFIDENTIALITY;
   35    (3) DETERMINE WITH RESPECT TO SUCH  ALLEGATIONS  WHETHER  DISCIPLINARY
   36  ACTION,  CIVIL  OR  CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
   37  APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
   38  IN SUCH INVESTIGATIONS;
   39    (4) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
   40  GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
   41  REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
   42  ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
   43  TIALITY OF ONGOING INVESTIGATIONS;
   44    (5) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
   45  AUTHORITY  WITH  REGARD  TO  THE PREVENTION AND DETECTION OF CORRUPTION,
   46  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   47    (6) RECOMMEND REMEDIAL ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
   48  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   49    (7)  ESTABLISH  PROGRAMS FOR TRAINING AUTHORITY OFFICERS AND EMPLOYEES
   50  REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD,  CRIMINAL
   51  ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
   52    C. POWERS. THE INSPECTOR GENERAL SHALL HAVE THE POWER TO:
   53    (1) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   54    (2) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   55    (3)  REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
   56  MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
       A. 1936                            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.
       A. 1936                            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
       A. 1936                            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.