A07805 Summary:

BILL NOA07805D
 
SAME ASSAME AS S09409-A
 
SPONSORCymbrowitz
 
COSPNSRFall, Benedetto, Burdick, Cook, Tapia, Rivera J, Seawright, Dinowitz, Eichenstein, Davila, Rosenthal D, Hyndman, Hevesi, Taylor, Nolan, Bichotte Hermelyn, Williams, Carroll, Rajkumar
 
MLTSPNSR
 
Add Art 15 §§625 - 649, Pub Hous L; amd §§13-101 & 13-133, NYC Ad Cd
 
Establishes the New York city public housing preservation trust for properties owned or operated by the New York city housing authority; provides for the issuance of certain bonds, notes or other obligations of the New York city housing development corporation.
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A07805 Actions:

BILL NOA07805D
 
05/21/2021referred to housing
01/05/2022referred to housing
04/27/2022amend and recommit to housing
04/27/2022print number 7805a
05/06/2022amend and recommit to housing
05/06/2022print number 7805b
05/11/2022reported referred to codes
05/20/2022amend and recommit to codes
05/20/2022print number 7805c
05/23/2022reported referred to ways and means
05/28/2022amend and recommit to ways and means
05/28/2022print number 7805d
05/31/2022reported referred to rules
06/01/2022reported
06/01/2022rules report cal.537
06/01/2022ordered to third reading rules cal.537
06/01/2022passed assembly
06/01/2022delivered to senate
06/01/2022REFERRED TO RULES
06/01/2022SUBSTITUTED FOR S9409A
06/01/20223RD READING CAL.1793
06/02/2022PASSED SENATE
06/02/2022RETURNED TO ASSEMBLY
06/16/2022delivered to governor
06/16/2022signed chap.225
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A07805 Committee Votes:

HOUSING Chair:Cymbrowitz DATE:05/11/2022AYE/NAY:24/4 Action: Favorable refer to committee Codes
CymbrowitzAyeFitzpatrickAye
CookAyeSmithAye
RosenthalAyeByrnesAye
KimAyeReillyAye
WalkerAyeSchmittAye
JoynerAyeBrownAye
DilanAyeJensenAye
BichotteAyeLawlerNay
DavilaAye
NiouNay
TaylorAye
EpsteinNay
EichensteinAye
MeeksAye
BurdickAye
RiveraAye
JacksonNay
KellesAye
TapiaAye
LucasAye

CODES Chair:Dinowitz DATE:05/23/2022AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
AbinantiAye
WeprinAye
HevesiAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye

WAYS AND MEANS Chair:Weinstein DATE:05/31/2022AYE/NAY:34/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanAyeHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickExcusedByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
BichotteAye

RULES Chair:Gottfried DATE:06/01/2022AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushExcused
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaExcused
HyndmanAye

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A07805 Floor Votes:

DATE:06/01/2022Assembly Vote  YEA/NAY: 128/22
AbbateYChandler-WatermYForrestNOJoynerYO'DonnellYSimonY
AbinantiYClarkYFriendYKellesYOtisYSimpsonY
AndersonNOColtonYFrontusNOKimYPalmesanoYSmithY
AngelinoYConradYGalefYLalorYPaulinYSmullenY
AshbyYCookYGallagherNOLavineYPeoples-StokesYSolagesY
AubryYCruzYGallahanYLawlerNOPheffer AmatoYSteckY
BarclayYCunninghamYGandolfoNOLemondesYPretlowYSternY
BarnwellNOCusickYGibbsNOLucasYQuartYStirpeY
BarrettYCymbrowitzYGiglio JAYLunsfordYRaYTagueY
BenedettoYDarlingYGiglio JMYLupardoYRajkumarYTannousisY
BichotteYDavilaYGlickYMagnarelliYRamosYTapiaY
BlankenbushYDe Los SantosYGonzalez-RojasYMamdaniNOReillyYTaylorY
BrabenecYDeStefanoNOGoodellYManktelowNOReyesNOThieleY
BraunsteinYDickensYGottfriedYMcDonaldYRivera J YVanelY
BronsonYDilanYGriffinNOMcDonoughYRivera JDYWalczykY
Brown E YDinowitzYGuntherYMcMahonYRosenthal D YWalkerY
Brown K NODiPietroNOHawleyYMeeksYRosenthal L YWallaceY
BurdickYDursoNOHevesiYMikulinYRozicYWalshY
BurgosYEichensteinYHunterYMillerYSalkaYWeinsteinY
BurkeYEnglebrightYHyndmanYMitaynesNOSantabarbaraYWeprinY
ButtenschonYEpsteinNOJacksonNOMontesanoYSayeghYWilliamsY
ByrneNOFahyYJacobsonYMorinelloYSchmittYWoernerY
ByrnesYFallYJean-PierreYNiouNOSeawrightYZebrowskiY
CahillYFernandezYJensenYNolanYSeptimoNOZinermanY
CarrollYFitzpatrickYJonesYNorrisYSillittiYMr. SpeakerY

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A07805 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7805D
 
SPONSOR: Cymbrowitz
  TITLE OF BILL: An act to amend the public housing law and the administrative code of the city of New York, in relation to establishing the New York city public housing preservation trust for properties owned or operated by the New York city housing authority and providing for the issuance of certain bonds, notes or other obligations of the New York city housing development corporation   PURPOSE: To establish the New York City Public Housing Preservation Trust to facilitate capital and operational financial inflows to rehabilitate and maintain 25,000 New York City Public Housing Authority homes.   SUMMARY OF PROVISIONS: This bill is a program bill submitted by the City of New York on behalf of the New York City Housing Authority. Section one of the bill amends the Public Housing Law by adding a new article 15, with new sections 625 through 649 establishing the New York City Public Housing Preservation Trust (the "Trust"). Sections 625, 626, 627, 648, and 649 set forth the short title for the article, legislative findings, applicable definitions, provisions clari- fying the effect of inconsistent provisions in other laws, and a severa- bility clause. Section 626 states the legislature's findings that a new public entity, which can access additional subsidies and more effectively manage the rehabilitation of properties, must be established to repair, modernize, and improve New York City Housing Authority ("NYCHA") buildings. Section 626 also states the legislature's understanding and intention that any building transferred to the Trust and operated by NYCHA shall continue to be subject to the obligations imposed by Maribel Baez et al. v. New York City Housing Authority, No. 13-Civ-8916. Sections 628 and 629 establish the Trust as a public entity, specif- ically a public benefit corporation. These sections also include provisions relating to the composition of the Trust's board of trustees and the appointment of officers, as well as the powers and duties of the Trust. Section 630 sets forth the procedure by which NYCHA, subject to the approval of the U.S. Department of Housing and Urban Development, may transfer a leasehold interest in its housing facilities and other personal property of such facilities to the Trust. This procedure includes an opportunity for residents at a particular housing facility to vote on the options for modernization at that particular housing facility. A provision setting forth an explicit exemption from City land use and other approvals was not included because it would generally be redundant, given that the Trust would not be a City agency and would be largely utilizing NYCHA property. Development on such property in most instances would not be subject to such approvals. Section 631 provides, that the protections afforded to residents of the housing facilities will be consistent with those afforded to public housing residents, to the extent permitted under federal law. Such protections will include: (i) preserving the affordable character of the housing facilities; (ii) ensuring that residents required to relocate during rehabilitation may return to the housing facility; (iii) provid- ing residents the opportunity to establish and operate councils to represent them; (iv) providing a resident the opportunity for an informal hearing to grieve actions of the Trust with respect to such resident's lease; (v) providing automatic lease renewal except for good cause as specified in a lease between such resident and the Trust; (vi) determining succession rights to a lease between a resident and the Trust and to a voucher issued pursuant to Section 8 of the United States Housing Act of 1937, as amended; and (vii) permitting an over-income resident to remain in the housing facility and pay rent in an amount to be determined by the Trust and NYCHA and specified in the lease. The Trust is also required to ensure, to the greatest extent feasible and consistent with federal law and regulations, that employment and econom- ic opportunities are directed to residents of the housing facilities. Section 631 further provides that the Trust shall act in accordance with the full requirements of Part 964 of Title 24 of the Code of Federal Regulations or any successor regulations. In addition, Section 631 provides the Trust ensures residents participate in the process to procure vendors performing, capital renovation, modernization, and construction work. Sections 633 through 636 establish the procurement procedures for the Trust and authorize the Trust to use alternative project delivery meth- ods in procuring its work, including using the design build, construction manager build ("CM Build"), and construction manager at risk ("CHAR") project delivery methods. These provisions clarify that the progressive design build, CM Build, and CHAR project delivery meth- ods may also be used by the Trust, and establish a procedure for the use of such methods. Section 637 authorizes the Trust to issue bonds, notes, or other obli- gations, subject to the approval of the director of New York City's Office of Management and Budget (OMB), and to pledge any part of its revenues to secure the payment of its bonds. Section 638 also authorizes the New York City Housing Development Corporation ("NYCHDC") to issue bonds on behalf of the Trust and to make loans to the Trust and related entities with the proceeds of such bonds (which will not be subject to NYCHDC's current limitations on outstanding bonds and certain other statutory provisions-applicable to NYCHDC's bonds issued for other purposes). In addition, section 638 gives New York City and New York State the right to remedy, or cause to be remedied, a default on any bond, note, or other obligation of the Trust continuing beyond an appli- cable cure period. Sections 638 through 640 authorize the Trust to accept funds from any source and to securitize such funds for the purposes of raising capital for the development, rehabilitation, and operation of housing facilities and exempt the Trust and any funds it raises from taxation. Section 641 sets forth a procedure for commencing certain suits for personal injury or damage to personal property against the Trust, and section 645 sets forth the Trust's obligations to defend and indemnify its employees, president, officers and board members. Sections 642 and 643 provide that the Trust is subject to the Civil Service Law and the rules of the Department of Citywide Administrative Services in connection with civil service matters, protect the civil service rights of current NYCHA employees who may be transferred to the Trust, and set forth the Trust's obligations with respect to collective bargaining. Section 647 provides that the Trust is not a "covered organization" under the New York State Financial Emergency Act and is neither a "local authority" nor a "state authority" under the Public Authorities Account- ability Act, but is subject to investigation by the City's Department of Investigation and to audit by the City. Comptroller. Section 644 provides that the Trust is subject to the state and city human rights laws and, under section 632, the Trust is subject to applicable sanitary and building laws and regulations. Sections two and three of the bill amend sections 13-101 and 13-133 of the New York City Administrative Code to provide that employment by the Trust is considered City service for purposes of participation in the New York City Employees' Retirement System (NYCERS), and to require the Trust to make monthly payments to NYCERS to satisfy its pension obli- gations. Section four of the bill sets forth the effective date.   JUSTIFICATION: NYCHA's public housing facilities are deteriorating as a result of decades of diminishing investment in capital and operating expenses. Recent assessments indicate that the housing facilities' capital needs have reached $40 billion-on average, over $200,000 per unit-and it is clear that NYCHA's housing facilities require significant capital investment to design, develop, construct, reconstruct, improve, modern- ize, rehabilitate, and repair these aging buildings. These capital needs include costs to address numerous core safety issues-such as mold, lead, heat, pests, and elevators-that are critical to the wellbeing of NYCHA residents. Each of these scope areas requires an immense level of funding: for example, at 110,000 apartments, fully addressing mold conditions is estimated to cost roughly $9.5 billion and rehabilitating heating systems is estimated to cost over $4 billion. without an immedi- ate injection of capital funding-and an effective means of completing major renovations-the buildings will continue to deteriorate over time, which will worsen conditions for residents of the housing facilities and increase the amount of funding required to fully rehabilitate the build- ings by billions of dollars over the next five years. This bill would allow the Trust, a new public entity, to access a more valuable funding stream than the federal subsidy currently available to the housing facilities and to leverage that funding stream to finance infrastructure-level rehabilitation of the housing facilities. NYCHA and the Trust would be permitted to pursue this approach for up to 25,000 apartments-a limit not included in previous versions of the proposal. The repairs not only would improve the physical integrity of the infras- tructure, but also would result in a return on investment in the form of energy consumption reduction, utility savings, and savings on emergency maintenance. In addition, the bill would facilitate job creation and improve environmental health, while preserving the permanently afforda- ble character of the housing. The Trust would also create significant economic activity through this unprecedented investment, which would help the City and state recover from the economic and health crises brought on by the COVID-19 pandemic. This bill would also grant the Trust the flexibility to utilize innova- tive project delivery methods to accomplish these goals. The Trust's flexibility in leveraging capital investment and in managing the reha- bilitation of these' properties would result in renovations and repairs on a much faster timeline than NYCHA residents could expect from the methods available to NYCHA at present. Beyond the physical repairs to NYCHA's housing facilities, this bill is intended to make it possible to provide affordable homes that are decent, safe, and sanitary for thou- sands of New Yorkers.   LEGISLATIVE HISTORY: A.11149 of 2020   FISCAL IMPLICATIONS FOR STATE: None.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law, provided that any public officer or employee, including but not limited to the mayor of the city of New York and the chief exec- utive officer of the New York city housing authority, is authorized to take any action that is necessary for the timely implementation of this act prior to its effective date.
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A07805 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7805--D
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ,  FALL, BENEDETTO, BURDICK, COOK,
          TAPIA, J. RIVERA, SEAWRIGHT, DINOWITZ, EICHENSTEIN, DAVILA,  D. ROSEN-
          THAL,  HYNDMAN,  HEVESI,  TAYLOR,  NOLAN,  COLTON,  BICHOTTE HERMELYN,
          WILLIAMS, CARROLL, RAJKUMAR -- read once and referred to the Committee
          on Housing -- recommitted to the Committee on  Housing  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee -- reported and  referred
          to  the  Committee  on  Codes  --  committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  and referred to the Committee on Ways and Means -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public housing law and the  administrative  code  of
          the  city  of  New York, in relation to establishing the New York city
          public housing preservation trust for properties owned or operated  by
          the  New York city housing authority and providing for the issuance of
          certain bonds, notes or other obligations of the New York city housing
          development corporation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The public housing law is amended by adding a new article
     2  15 to read as follows:
     3                                 ARTICLE XV
     4               NEW YORK CITY PUBLIC HOUSING PRESERVATION TRUST
 
     5  Section 625. Short title.
     6          626. Legislative findings.
     7          627. Definitions.
     8          628. New York city public housing preservation trust.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11275-23-2

        A. 7805--D                          2
 
     1          629. Powers and duties of the trust.
     2          630. Transfer of property.
     3          631. Resident protections and opportunities.
     4          632. Compliance with codes.
     5          633. Contracts of the trust.
     6          634. Alternative project delivery contracts.
     7          635. Additional authority.
     8          636. Additional  requirements  for  alternative project delivery
     9                 contracts.
    10          637. Borrowing by the trust and  for  its  benefit;  effects  of
    11                 certain defaults.
    12          638. Resources of the trust.
    13          639. Legal investment and deposit.
    14          640. Tax exemption and tax contract by the state.
    15          641. Actions against the trust.
    16          642. Civil service and pension system membership.
    17          643. Collective negotiation.
    18          644. Application of state and local human rights laws.
    19          645. Limited liability.
    20          646. Audit and annual reports.
    21          647. Jurisdiction over trust.
    22          648. Effect of inconsistent provisions.
    23          649. Severability.
 
    24    §  625.  Short  title. This article shall be known and may be cited as
    25  the "New York city public housing preservation trust act".
    26    § 626. Legislative findings. The legislature hereby finds and declares
    27  that significant capital investment  is  required  to  design,  develop,
    28  construct, reconstruct, improve, modernize, rehabilitate, and repair the
    29  aging buildings owned or operated by the New York city housing authority
    30  which  are  deteriorating  due to decades of diminishing capital invest-
    31  ment. Restrictions relating to the New  York  city  housing  authority's
    32  construction  process,  and  its inability to utilize innovative project
    33  delivery methods, have exacerbated its capital needs. A new public enti-
    34  ty with greater flexibility to leverage capital investment and to manage
    35  the rehabilitation of these properties must be established.   Repairing,
    36  modernizing,  and  improving  New  York city housing authority buildings
    37  must begin immediately so that hundreds of thousands of New Yorkers  can
    38  reside in affordable housing that is decent, safe, sanitary, and in good
    39  repair.   Establishing a new public entity, and transferring a leasehold
    40  interest in the buildings owned and operated by the New York city  hous-
    41  ing  authority to this new entity so that they can undergo the necessary
    42  rehabilitation, repair and modernization, will ensure that these  build-
    43  ings  continue  to  provide  affordable housing to residents of New York
    44  city for many decades into the  future.  It  is  the  understanding  and
    45  intention  of  the legislature that any building transferred to this new
    46  public entity and operated by the New York city housing authority  shall
    47  continue to be subject to the obligations imposed by Maribel Baez et al.
    48  v. New York City Housing Authority, No. 13-Civ-8916.
    49    § 627. Definitions. As used or referred to in this article:
    50    1.  "Alternative project delivery contract" means any project delivery
    51  method authorized by this article, including construction manager build,
    52  construction manager at risk, and design-build, pursuant to which one or
    53  more contracts for the provision of design  or  construction  management
    54  and  construction  services  are awarded pursuant to an open and compet-

        A. 7805--D                          3

     1  itive method of procurement, as specified in section six  hundred  thir-
     2  ty-four of this article.
     3    2. "Best value" means the basis for awarding contracts for services to
     4  a  proposer  that  optimizes  quality,  cost  and  efficiency, price and
     5  performance criteria, which may include, but is not limited to:
     6    (a) the quality of the proposer's performance on previous projects;
     7    (b) the timeliness of the proposer's performance on previous projects;
     8    (c) the level of customer satisfaction with the proposer's performance
     9  on previous projects;
    10    (d) the proposer's record of performing previous  projects  on  budget
    11  and ability to minimize cost overruns;
    12    (e) the proposer's ability to limit change orders;
    13    (f) the proposer's ability to prepare appropriate project plans;
    14    (g) the proposer's technical capacities;
    15    (h) the individual qualifications of the proposer's key personnel;
    16    (i) the proposer's ability to assess and manage risk and minimize risk
    17  impact;
    18    (j) the proposer's financial capability;
    19    (k)  the  proposer's  ability  to comply with applicable requirements,
    20  including the provisions of articles one hundred forty-five, one hundred
    21  forty-seven and one hundred forty-eight of the education law;
    22    (l) the proposer's past record of compliance with federal laws,  state
    23  and  local  laws,  rules,  licensing requirements, where applicable, and
    24  executive orders, including, but not limited to, section  three  of  the
    25  federal  housing  and  urban  development act of nineteen hundred sixty-
    26  eight, as amended, or any successor provision, article fifteen-A of  the
    27  executive  law,  any  other  applicable  laws  concerning  minority- and
    28  women-owned business enterprise participation, the labor  law,  and  any
    29  other applicable labor and prevailing wage laws;
    30    (m)  the proposer's record of complying with existing labor standards,
    31  maintaining harmonious labor relations, and protecting  the  health  and
    32  safety  of workers and payment of wages above any locally-defined living
    33  wage;
    34    (n) a quantitative factor to be used in evaluation of bids  or  offers
    35  for  awarding of contracts for bidders or offerors that are certified as
    36  minority  or  women  owned  business  enterprises  pursuant  to  article
    37  fifteen-A of the executive law or certified pursuant to section thirteen
    38  hundred  four  of  the  New York city charter as minority or women owned
    39  business enterprises, or where the bidder is a joint  venture  including
    40  at least one such certified firm. Where the trust identifies a quantita-
    41  tive  factor  pursuant  to  this paragraph, the trust shall specify that
    42  businesses certified as minority or  women  owned  business  enterprises
    43  pursuant  to  article  fifteen-A  of  the executive law as well as those
    44  certified as minority or women owned business  enterprises  pursuant  to
    45  section  thirteen  hundred  four  of the New York city charter, or joint
    46  ventures including at least one such certified  firm,  are  eligible  to
    47  qualify for such factor. Nothing in this paragraph shall be construed to
    48  require  that  such  businesses be concurrently certified as minority or
    49  women owned business enterprises under such article and such section  to
    50  qualify for such quantitative factor; and
    51    (o)  a  quantitative factor to be used in evaluation of bids or offers
    52  for awarding of contracts for bidders or offerors that provide  economic
    53  opportunities  for  low  and  very low-income persons in accordance with
    54  section three of the federal housing and urban development act of  nine-
    55  teen hundred sixty-eight, as amended, where applicable, or any successor

        A. 7805--D                          4
 
     1  provision.  Such  basis  shall reflect, wherever possible, objective and
     2  quantifiable analysis.
     3    3. "Board" means the board of trustees of the trust.
     4    4. "City" means the city of New York.
     5    5.  "Construction  manager  at  risk"  means a project delivery method
     6  whereby a construction manager:
     7    (a) serves as part of a team in conjunction  with  the  owner  in  the
     8  design phase of the project;
     9    (b)  during  the  construction  phase,  acts as general contractor for
    10  agreed upon compensation as set forth in  the  construction  manager  at
    11  risk agreement; and
    12    (c)  assumes the risk of construction costs exceeding an amount speci-
    13  fied in the construction manager at risk agreement.
    14    6. "Construction manager build" means a project delivery method where-
    15  by a construction manager, following a declaration of a disaster by  the
    16  governor or state of emergency by the mayor pursuant to article two-B of
    17  the  executive  law  or chapter one of title three of the administrative
    18  code of the city of New York, or following an independent cost  estimate
    19  and a concurrence by NYCHA that construction work is required at a hous-
    20  ing  facility  to  remedy  defects  to  bring  the housing facility into
    21  decent, safe, and sanitary condition:
    22    (a) serves as part of a team in conjunction  with  the  owner  in  the
    23  design phase of the project;
    24    (b)  under  the  oversight  of  the owner acts as the single source of
    25  responsibility to bid, select and hold construction contracts on  behalf
    26  of the owner during the construction phase; and
    27    (c) manages the construction project on behalf of the owner.
    28    7.  "Cost  plus"  means  compensating  a  contractor  for  the cost to
    29  complete a contract by reimbursing actual costs for labor, equipment and
    30  materials plus an additional amount for overhead and profit.
    31    8. "Design-build" means a project delivery method for the  design  and
    32  construction  of  a  project  with  a single entity, which may be a team
    33  comprised of separate entities.
    34    9. "Ground lease" means the written instrument pursuant to which NYCHA
    35  transfers to the trust its leasehold interest in its housing  facilities
    36  and ancillary personal property.
    37    10. "Housing facilities" means the land and buildings thereon owned or
    38  operated  by  NYCHA and the improvements made to such land and buildings
    39  for use in connection with development or operation of dwelling accommo-
    40  dations for low-income families.
    41    11. "Low-income families" means low-, very low-, and extremely low-in-
    42  come families as defined in paragraph two of subsection (b)  of  section
    43  1437a  of  title  forty-two  of  the United States code or any successor
    44  provision.
    45    12. "Mayor" means the mayor of the city of New York.
    46    13. "NYCHA" means the New York city housing authority.
    47    14. "NYCHA board" means the members of  NYCHA  appointed  pursuant  to
    48  subdivision three of section four hundred two of this chapter.
    49    15.  "NYCHA CEO" means the chief executive officer of NYCHA who serves
    50  pursuant to NYCHA's by-laws.
    51    16. "NYCHA CFO" means the chief financial officer of NYCHA who  serves
    52  pursuant to NYCHA's by-laws.
    53    17. "Other residents" means residents who are:
    54    (a)  residents  of a housing facility on the date NYCHA transfers such
    55  facility to the trust but are not low-income  families,  as  defined  in
    56  this section, on the date of such transfer;

        A. 7805--D                          5
 
     1    (b)  low-income families, as defined in this section, and residents of
     2  a housing facility on the date NYCHA  transfers  such  facility  to  the
     3  trust  but who, subsequent to such transfer and during the course of the
     4  tenancies of such residents, no longer satisfy the definition of low-in-
     5  come families; or
     6    (c) low-income families, as defined in this section, upon commencement
     7  of  their tenancies in a housing facility operated by the trust but who,
     8  during the course of the tenancies of such residents, do not satisfy the
     9  definition of low-income families.
    10    18. "Project labor agreement" shall have the same meaning as described
    11  in section two hundred twenty-two of the labor law.
    12    19. "Resident" means a natural person whose lawful  primary  residence
    13  is a dwelling unit in a housing facility.
    14    20. "Trust" means the New York city public housing preservation trust.
    15    21.  "Voting  process" means the process that shall be undertaken at a
    16  particular housing facility  before  the  trust  may  transfer,  convey,
    17  assign,  mortgage,  pledge  or  otherwise  encumber  any interest in, or
    18  permit or suffer any transfer, conveyance, assignment, mortgage,  pledge
    19  or  other  encumbrance  of  any  interest  in such housing facility. The
    20  voting process shall be further defined as  set  forth  in  requirements
    21  promulgated pursuant to section six hundred thirty of this article.
    22    §  628.  New  York city public housing preservation trust. 1. There is
    23  hereby established a public benefit corporation to be known as the  "New
    24  York  city public housing preservation trust". The purpose of such trust
    25  shall be the design, development, construction, reconstruction, improve-
    26  ment, modernization, rehabilitation, repairing and operation of  housing
    27  facilities.
    28    2. The trust shall be governed by and its powers shall be exercised by
    29  a board of trustees consisting of nine members. The members shall be the
    30  NYCHA  CEO,  the  NYCHA  CFO,  the deputy mayor for housing and economic
    31  development of the city of New York, or another deputy mayor  designated
    32  by  the  mayor  if there is no deputy mayor with that designation, three
    33  members appointed by the NYCHA CEO, including two housing facility resi-
    34  dent members and one member at large, provided  that  one  such  housing
    35  facility resident member shall be selected from two candidates nominated
    36  by  the  recognized  citywide  council  of  presidents, or an equivalent
    37  successor body, and one such housing facility resident member  shall  be
    38  selected  from  two candidates nominated by the resident advisory board,
    39  or an equivalent successor body, and  three  members  appointed  by  the
    40  mayor,  including  two  housing facility resident members, provided that
    41  one such housing facility resident member shall  be  selected  from  two
    42  candidates  nominated  by the recognized citywide council of presidents,
    43  or an equivalent successor body, and  one  member  who  shall  represent
    44  employees  of  NYCHA, as applicable, and be selected from two candidates
    45  nominated by organizations representing employees of NYCHA or the trust,
    46  as applicable.  The NYCHA CEO shall be the chair  of  the  trust.    The
    47  board of trustees of the trust shall appoint the president of the trust.
    48  The  term  of each member, other than members serving by virtue of their
    49  positions, shall be three years, except at initial appointment when  the
    50  terms  shall  be  staggered  so that no more than two members shall have
    51  terms that end in any given year, provided that the  term  of  only  one
    52  member appointed by the mayor shall end in any given year.
    53    3.  Each  appointed  member shall continue in office until a successor
    54  has been appointed and qualified unless otherwise removed as follows.  A
    55  member  may  be  removed  by the NYCHA CEO or mayor, whichever appointed
    56  such member, upon the filing in the office of the trust and serving upon

        A. 7805--D                          6
 
     1  the member the reasons  therefor.    Such  document  setting  forth  the
     2  reasons  shall  be  made  available  to  the  general public which shall
     3  include, but not be limited to, publishing such reasons on the  websites
     4  of  the  trust and NYCHA. In the event a vacancy occurs in the office of
     5  an appointed member, the vacancy shall be filled in the same  manner  as
     6  was the original appointment of the member whose office became vacant.
     7    4. Appointed members may engage in private employment, or in a profes-
     8  sion  or  business,  unless  otherwise  prohibited by law, rule or regu-
     9  lation, provided, however, that notwithstanding any applicable provision
    10  of law, the members shall be subject to  the  limitations  contained  in
    11  sections  two thousand six hundred three, two thousand six hundred four,
    12  two thousand six hundred five, and two thousand six hundred six  of  the
    13  New  York  city  charter.  The trust shall be an agency and such members
    14  shall be public servants for the purposes of such sections. In addition,
    15  such members shall be subject to the provisions of section one  thousand
    16  one  hundred  sixteen  of  the  New  York city charter and shall for the
    17  purposes of such section be considered officers of  the  city.  Further,
    18  such  members, the president and certain critical employees of the trust
    19  as designated by the board or the president, shall  be  subject  to  the
    20  provisions  of  section 12-110 of the administrative code of the city of
    21  New York pertaining to the filing of annual disclosure reports with  the
    22  city  conflicts  of interest board, and for such purpose, the members of
    23  the board of trustees shall be deemed to be compensated members  of  the
    24  trust.
    25    5.  The  board  shall provide for the holding of regular meetings, and
    26  such special meetings, at the call of the chair of the trust, as may  be
    27  necessary.  A majority of the whole number of members shall constitute a
    28  quorum for the transaction of business. The powers of the board shall be
    29  vested in and exercised by a majority of the whole number of the members
    30  thereof.    Any  one  or  more members of the board may participate in a
    31  meeting of the trust by means of videoconferencing consistent with arti-
    32  cle seven of the public officers law.
    33    6. Members of the board, other than members serving by virtue of their
    34  positions, shall receive a stipend in the amount of  two  hundred  fifty
    35  dollars  for  every  four  hours of work performed for the trust, not to
    36  exceed one thousand five  hundred  dollars  per  month.    In  addition,
    37  members  shall  be  reimbursed  for  the  actual  and necessary expenses
    38  incurred by them in the performance of their official duties as  members
    39  of the board of trustees.
    40    7.  The board shall appoint a president of the trust and determine the
    41  compensation of the president. The president, who shall not be a  member
    42  of  the  board,  shall  be  the chief executive officer of the trust and
    43  shall be responsible for the discharge of the executive and  administra-
    44  tive  functions  and  powers of the trust, including the exercise of any
    45  powers delegated by the board to  the  president.  The  president  shall
    46  serve at the pleasure of the board.
    47    8.  The  trust and its corporate existence shall continue until termi-
    48  nated by law, provided, however, that no such law shall take  effect  so
    49  long  as  the  trust  shall  have  bonds,  notes  and  other obligations
    50  outstanding, unless adequate provision has been  made  for  the  payment
    51  thereof.    Upon  the termination of the existence of the trust, all its
    52  rights and properties shall pass to and be vested in NYCHA.
    53    9. Notwithstanding any provision of law to the contrary, no officer or
    54  employee of the state, or of any  civil  division  thereof,  or  of  any
    55  public  corporation, as defined in the general construction law, includ-
    56  ing NYCHA, shall be deemed to  have  forfeited  or  shall  forfeit  such

        A. 7805--D                          7
 
     1  person's office or employment or any benefits provided under the retire-
     2  ment and social security law or under any public retirement system main-
     3  tained  by  the  state or by the civil divisions thereof, or by any such
     4  public  corporation, by reason of such person's acceptance of membership
     5  on the board of the trust or by virtue of such person being  an  officer
     6  or employee of the trust.
     7    §  629.  Powers  and  duties  of  the  trust. The trust shall have the
     8  following powers and duties:
     9    1. to sue and be sued;
    10    2. to have a seal and alter the same at pleasure;
    11    3. to make and, as necessary, to amend  and  repeal  by-laws  for  the
    12  trust  and the management and regulation of its affairs not inconsistent
    13  with the provisions of this article;
    14    4. to appoint the president of  the  trust  and  fix  the  president's
    15  compensation, pursuant to section six hundred twenty-eight of this arti-
    16  cle,  and to execute direct oversight of the president and other manage-
    17  ment in the effective and ethical management of the trust, and establish
    18  policies regarding the payment of salary,  compensation  and  reimburse-
    19  ments  to, and establish rules for the time and attendance of the presi-
    20  dent and management;
    21    5. to engage or  assist  in  the  development,  design,  construction,
    22  reconstruction,  improvement,  modernization, rehabilitation, repairing,
    23  and operation of housing facilities  pursuant  to  section  two  hundred
    24  twenty of the labor law;
    25    6.  to acquire or transfer real and personal property and improvements
    26  thereon, or any interest therein, by any method, necessary or convenient
    27  for the exercise of its functions, powers and duties; provided that such
    28  transfer shall not be utilized to avoid  the  use  of  a  project  labor
    29  agreement  or  payment  of the prevailing wage requirements set forth in
    30  section two hundred twenty of the labor law;
    31    7. to encumber residential property and buildings held  by  the  trust
    32  and  limit  use  to  residents who are low-income families as defined in
    33  subdivision eleven of section six hundred twenty-seven of  this  article
    34  and  other  residents as defined in subdivision seventeen of section six
    35  hundred twenty-seven of this article;
    36    8. to make and execute contracts and all other  instruments  necessary
    37  or  convenient  for  the  exercise  of its functions, powers and duties,
    38  including procurement contracts consistent with applicable provisions of
    39  this article. Notwithstanding any provision  of  law  to  the  contrary,
    40  including  but  not  limited to article eight of this chapter, the trust
    41  may enter into contracts, consistent with applicable provisions of  this
    42  article, with NYCHA or on behalf of and for the benefit of NYCHA;
    43    9.  to  enter into agreements with the NYCHA or other entities for the
    44  provision of management, maintenance and other services;
    45    10. notwithstanding the provisions of section twenty-five hundred four
    46  of the insurance law or any other provision of law to the  contrary,  to
    47  procure  or cause to be placed or procured insurance on behalf of itself
    48  and others against any loss in connection with its  activities,  proper-
    49  ties  and  other  assets,  in  such amounts and from such insurers as it
    50  deems desirable;
    51    11. to enter into agreements with public agencies and public  entities
    52  for the receipt of services;
    53    12.  to  borrow  and  loan funds and issue bonds, notes or other obli-
    54  gations consistent with this article;
    55    13. to form or participate as members or partners of private entities,
    56  which may include but are not limited to,  not-for-profit  corporations,

        A. 7805--D                          8
 
     1  housing  development  fund corporations, limited liability corporations,
     2  and limited partnerships, to further the purposes and powers  given  and
     3  granted by this section;
     4    14.  to  earn  fees  and other proceeds from the activities and powers
     5  given and granted by this section;
     6    15. to apply  for  or  accept  from  any  source  any  gifts,  grants,
     7  donations, or conveyances of land, money, other real or personal proper-
     8  ty,  or other items of value, or loans of funds or property or financial
     9  or other aid or credit assistance in any form, including  any  guaranty,
    10  line  of  credit, or grant, from the federal government or any agency or
    11  instrumentality thereof, from the state or any agency or instrumentality
    12  thereof, from the city or any agency or instrumentality thereof, or from
    13  any other source, for any or all of the purposes specified in this arti-
    14  cle, and it may comply, subject to the provisions of this article,  with
    15  the terms and conditions thereof;
    16    16.  prior  to the approval of any rule or regulation affecting rights
    17  and protections afforded to residents of housing facilities,  including,
    18  but  not  limited to, resident protections and opportunities pursuant to
    19  section six hundred thirty-one of this article, lease revisions,  sched-
    20  ules  of  special charges for services, repairs and utilities, and rules
    21  and regulations to be incorporated into  the  lease  by  reference,  the
    22  trust  shall post a notice containing the proposed rule or regulation on
    23  the website of the trust and in a prominent  location  in  the  affected
    24  housing facility. Such notice shall include (a) a statement of the basis
    25  and  purpose of the proposed rule, (b) the time and place of the meeting
    26  at which the board will provide residents an opportunity to provide oral
    27  comment on such proposed rule, provided that a meeting to provide  resi-
    28  dents  an  opportunity  to provide oral comment shall not be required if
    29  such rule is required by law  with  only  minor,  if  any,  exercise  of
    30  discretion  by  the  trust, or does not adversely affect the protections
    31  afforded to the residents of the housing facilities, and (c) an opportu-
    32  nity to submit written comments and the final date for receipt of  writ-
    33  ten  comments.  The trust may adopt a rule or regulation after receiving
    34  written comments on the proposed rule or regulation for a period  of  at
    35  least  thirty  days.   The trust shall consider all comments received in
    36  such period prior to adopting such rule or regulation. In the event  the
    37  trust  determines  that  immediate adoption of any rule or regulation is
    38  necessary for the preservation of health, safety or general welfare  and
    39  that  compliance  with  the  foregoing  requirements of this subdivision
    40  would be contrary to the public interest,  such  proposed  item  may  be
    41  adopted  on  an  emergency basis. The trust shall provide written justi-
    42  fication for such determination and  make  such  justification  publicly
    43  available  including  via its website and in a prominent location in the
    44  affected housing facility. Any such immediate adoption shall only remain
    45  in effect for sixty days, and during such time the  trust  shall  comply
    46  with  the  requirements of this subdivision in order for the adoption of
    47  the rule or regulation to become permanent. All notice shall  be  under-
    48  taken  in  compliance  with  language access requirements in federal and
    49  state law, as applicable; and
    50    17. to do any and all things necessary or convenient to carry out  and
    51  exercise the powers given and granted by this article.
    52    §  630.  Transfer  of property. 1. NYCHA, acting by NYCHA board resol-
    53  ution and in accordance with a disposition or similar plan  approved  by
    54  the United States department of housing and urban development in accord-
    55  ance  with  applicable  federal  law,  which  shall  include a letter of
    56  approval from the mayor or a designee of the mayor, may transfer to  the

        A. 7805--D                          9
 
     1  trust,  with  or  without consideration and without any further authori-
     2  zation, a leasehold interest in its housing facilities and any ancillary
     3  personal property of such facilities. The aggregate number  of  residen-
     4  tial  units  transferred to the trust pursuant to this section shall not
     5  exceed twenty-five thousand. On an annual basis,  NYCHA  and  the  trust
     6  shall review such limit and, if they determine that such limit should be
     7  increased,  NYCHA and the trust shall make recommendations to the legis-
     8  lature regarding any such increase.
     9    2. Within sixty days of the effective  date  of  this  article,  NYCHA
    10  shall  issue  a set of proposed requirements related to the voting proc-
    11  ess. There shall be a comment period for the  voting  process,  and  the
    12  comment  period  shall  include at least one meeting open to the public.
    13  NYCHA shall consider the comments before issuance of the final  require-
    14  ments  for  the  voting process. The comments, and the responses to such
    15  comments, shall be published publicly, including, but not limited to, on
    16  NYCHA's website.  Within one hundred twenty days of the  effective  date
    17  of  this  article,  the final requirements for the voting process, which
    18  may be amended as needed pursuant  to  the  process  described  in  this
    19  section,  shall  be  posted.  Such  voting  process  requirements  shall
    20  include: the minimum requirements for voter outreach  that  shall  occur
    21  prior  to  any  vote, which shall, at a minimum, conform to the require-
    22  ments set forth in subdivision five of this section, voting eligibility,
    23  the form, substance, and  timing  of  the  voting  process,  the  voting
    24  requirements regarding the selection of any other proposed modernization
    25  strategy  at  a  housing facility in connection with the voting process,
    26  and the criteria by which an option shall be deemed to  be  accepted  or
    27  rejected  by residents of a particular housing facility for a moderniza-
    28  tion strategy that addresses the capital needs of such housing facility.
    29  The voting process shall ensure that all tenants of record above the age
    30  of eighteen are eligible to  vote.  The  voting  process  shall  include
    31  options to vote in person, by mail, and online. The voting process shall
    32  also  require  a minimum percentage of tenants of record at such housing
    33  facility to participate in the voting process for such voting process to
    34  be valid. The voting process shall also include, but shall not be limit-
    35  ed to, the ability of residents at  a  particular  housing  facility  to
    36  reject  the options proposed for such housing facility submitted as part
    37  of the voting process. If all options are rejected at a particular hous-
    38  ing facility, none of the proposed options shall be implemented at  such
    39  housing facility until another vote is undertaken at such housing facil-
    40  ity.  NYCHA  shall  comply  with  a  vote  to  accept or reject any such
    41  options. The trust shall not transfer, convey, assign, mortgage,  pledge
    42  or otherwise encumber any interest in, or permit or suffer any transfer,
    43  conveyance,  assignment,  mortgage,  pledge  or other encumbrance of any
    44  interest in such housing facility, or any part  thereof,  prior  to  the
    45  posting  of  the final requirements for the voting process, prior to the
    46  completed vote at such housing facility approving such option, and prior
    47  to the satisfaction of applicable federal law and  regulations.    NYCHA
    48  shall not transfer, convey, assign, mortgage, or pledge to the trust, or
    49  permit  or  suffer  any  transfer,  conveyance, assignment, mortgage, or
    50  pledge to the trust any interest in such housing facility, or  any  part
    51  thereof,  prior  to the posting of the final requirements for the voting
    52  process, prior to the completed vote at such housing facility  approving
    53  such option, and prior to the satisfaction of applicable federal law and
    54  regulations.
    55    3.  In  addition  to  the requirements set forth in subdivision two of
    56  this section, the trust shall not transfer,  convey,  assign,  mortgage,

        A. 7805--D                         10

     1  pledge  or  otherwise  encumber any interest in, or permit or suffer any
     2  transfer, conveyance, assignment, mortgage, pledge or other  encumbrance
     3  of  any  interest in any housing facilities, or any part thereof without
     4  prior written consent of NYCHA.  Such written consent shall include, but
     5  not  be  limited  to,  all  protections described in section six hundred
     6  thirty-one of this article and in subdivision fourteen  of  section  six
     7  hundred  thirty-seven  of  this  article  and shall include reference to
     8  section six hundred thirty-three of this article.
     9    4. The trust shall ensure that any housing facilities  transferred  to
    10  the  trust  pursuant to this section and any portions thereof are leased
    11  in accordance with United States department of housing and urban  devel-
    12  opment  eligibility  and  income-targeting  requirements,  to the extent
    13  applicable to the units therein. Rents for such units shall  not  exceed
    14  applicable program requirements for the provision of housing for low-in-
    15  come  families  as  established pursuant to federal law and regulations.
    16  Where  NYCHA  rules,  regulations  or  agreements  exceed  the  resident
    17  protection  standards  set forth in state or federal law or regulations,
    18  any housing facilities transferred to the trust pursuant to this section
    19  and any portions thereof shall be leased in accordance with the require-
    20  ments set forth in the  NYCHA  rules,  regulations,  or  agreements,  as
    21  applicable.   To the extent consistent with federal law and regulations,
    22  any transfer of a housing facility to the trust pursuant to this article
    23  shall ensure the maintenance of all rights conferred on  a  resident  at
    24  the time of such transfer.
    25    5.  As  part  of  the  voting process and prior to the transfer of any
    26  housing facility, or any part thereof, to the trust, NYCHA shall  engage
    27  in  a  course  of  resident  engagement.  Such resident engagement shall
    28  include:  (a) Notice of proposed options on the website of NYCHA and  in
    29  a prominent location of the affected housing facility in compliance with
    30  language access requirements in federal and state law, as applicable;
    31    (b) a summary description of the proposed options;
    32    (c)  the time and place of at least one public meeting held in accord-
    33  ance with applicable accessibility requirements  at  which  NYCHA  shall
    34  provide  residents  of  such  facility  information  about  the proposed
    35  options and an opportunity to  provide  oral  comment  on  the  proposed
    36  transfer;
    37    (d)  notification by mail, phone, and email, where such contact infor-
    38  mation is available, at least thirty days prior to a vote, to all  resi-
    39  dents  of such housing facility, which shall include information detail-
    40  ing the proposed options; and
    41    (e) an opportunity for residents to submit written  comments  and  the
    42  final  date  for  submission  of such comments. NYCHA shall consider and
    43  respond to all comments received in such period prior  to  completing  a
    44  transfer pursuant to this subdivision.
    45    §  631.  Resident  protections  and  opportunities. 1. The protections
    46  afforded to a resident of a housing facility shall  be  consistent  with
    47  those  afforded to a public housing resident, to the extent permitted in
    48  accordance with federal law, and subject to and with the approval of the
    49  United  States  department  of  housing  and  urban  development.  These
    50  protections shall include, but are not limited to:
    51    (a)  preserving  the  affordable character of such housing facility in
    52  accordance with section eight of the United States housing act of  nine-
    53  teen  hundred  thirty-seven,  as amended, or any successor provision and
    54  with part five of title twenty-four of the code of  federal  regulations
    55  or any successor regulation;

        A. 7805--D                         11
 
     1    (b)  ensuring  that  any resident required to relocate temporarily for
     2  purposes of rehabilitation or redevelopment of such housing facility  is
     3  guaranteed  the ability to return to such housing facility following the
     4  completion of such rehabilitation or redevelopment, and that  the  relo-
     5  cation expenses of such temporary relocation be paid for by the trust or
     6  NYCHA as required by applicable federal law;
     7    (c)  providing  a resident of such housing facility the opportunity to
     8  establish and operate a council to represent residents in  such  housing
     9  facility  to  address  concerns  relating  to such facility, pursuant to
    10  subpart b of part nine hundred sixty-four of title  twenty-four  of  the
    11  code  of  federal  regulations  or  any  successor regulation, and to be
    12  eligible for resident participation funding from  the  trust  consistent
    13  with  funding  available  to  residents  of  public  housing pursuant to
    14  section 964.150 of title twenty-four of the code of federal  regulations
    15  or any successor regulation, provided that any resident council that, at
    16  the  time  of the transfer of a housing facility to the trust, is certi-
    17  fied by NYCHA as the resident council shall be recognized by  the  trust
    18  as the resident council of such housing facility;
    19    (d)  providing  a resident of a housing facility an opportunity for an
    20  informal hearing to grieve any dispute that such resident may have  with
    21  respect  to an action of the trust with regard to such resident's lease,
    22  consistent with the obligation of a public housing  agency  pursuant  to
    23  paragraph eight of subdivision (e) of section 966.4 of title twenty-four
    24  of  the  code  of  federal regulations or any successor regulations  and
    25  pursuant to subpart b of part nine hundred sixty-six  of  title  twenty-
    26  four of the code of federal regulations or any successor regulations;
    27    (e)  providing  a  resident of a housing facility automatic renewal of
    28  such resident's leases, except for good cause as specified in the  lease
    29  between  such  resident  and the trust, consistent with the requirements
    30  relating to a lease between a public housing agency and a  tenant  of  a
    31  dwelling  unit pursuant to subparagraph (i) of paragraph two of subdivi-
    32  sion (a) and subdivision (l) of section 966.4 of  title  twenty-four  of
    33  the code of federal regulations or any successor regulation;
    34    (f) determining succession to a lease between a resident and the trust
    35  in  accordance  with  the  succession policy described in the management
    36  manual, and any amendments to such manual, of NYCHA;
    37    (g) permitting a resident whose total tenant payment,  as  defined  in
    38  section  983.3  of title twenty-four of the code of federal regulations,
    39  or any successor regulations, would equal or exceed the rent  to  owner,
    40  as  defined in section 983.3 of title twenty-four of the code of federal
    41  regulations or any successor regulations, to remain in a housing facili-
    42  ty and pay rent in an amount to be determined by the trust and NYCHA and
    43  as set forth in the lease of such resident;
    44    (h) determining succession to a voucher pursuant to section  eight  of
    45  the  United  States  housing  act  of  nineteen hundred thirty-seven, as
    46  amended, or any successor provision,  in  accordance  with  the  housing
    47  voucher program administrative plan, and any amendments to such plan, of
    48  NYCHA; and
    49    (i)  no  rescreening for eligibility or right-sizing of residents of a
    50  housing facility as a result of a transfer  of  the  leasehold  interest
    51  from NYCHA to the trust.
    52    2.  The  resident  protections  described  in  subdivision one of this
    53  section shall be enumerated in the ground  lease  or  other  appropriate
    54  agreement between NYCHA and the trust and shall be further enumerated in
    55  writing  between  the  trust  and  each  resident of a housing facility.
    56  Nothing in this section shall preclude the trust or NYCHA from providing

        A. 7805--D                         12
 
     1  additional resident protections, which may be  enumerated  in  any  such
     2  ground lease or agreement.
     3    3.  The  trust,  to  the greatest extent feasible, and consistent with
     4  federal, state and local laws and regulations, shall ensure that employ-
     5  ment and other economic opportunities be directed to  residents  of  the
     6  housing facilities, consistent with section three of the federal housing
     7  and  urban  development act of nineteen hundred sixty-eight, as amended,
     8  and part seventy-five of title twenty-four of the code of federal  regu-
     9  lations or any successor law or regulation. All project labor agreements
    10  shall be consistent with this subdivision.
    11    4.  The  trust  shall  act in accordance with the full requirements of
    12  part nine hundred sixty-four of title twenty-four of the code of federal
    13  regulations or any successor regulation. The trust  shall,  among  other
    14  requirements,  support  resident  participation in the operations of the
    15  housing facilities and negotiate, with any  resident  management  corpo-
    16  rations, or equivalent that satisfies the requirements of such part, for
    17  operation  of  a housing facility. The trust shall consider applications
    18  of resident organizations, community organizations or other local organ-
    19  izations for grant funding, as available, to provide training, technical
    20  assistance, and  education  to  residents  to  support  active  resident
    21  participation in the planning and implementation of the conversion proc-
    22  ess.
    23    5.  The  trust  shall  ensure  residents participate in the process to
    24  procure the vendors that will perform capital renovation, modernization,
    25  and construction work, excluding emergency procurements.
    26    6. The trust shall create committees consisting of members  as  appro-
    27  priate,  which shall include, but not be limited to, trust employees and
    28  residents of the housing facility  where  construction,  reconstruction,
    29  rehabilitation,  alteration,  renovation, maintenance and repair work is
    30  being performed, and such committees shall meet  as  needed  to  provide
    31  input,  and  oversight,  along with recommendations, with respect to the
    32  quality of such work performed by the vendors of the trust.
    33    7.  The trust and NYCHA shall,  in  accordance  with  applicable  law,
    34  establish a procedure and eligibility requirements by which a person who
    35  is  not a tenant of record as of thirty days before the execution of the
    36  transfer of a leasehold interest in the housing facility  to  the  trust
    37  may  become  a  tenant  of record based on consideration of the familial
    38  nexus of such person to the last tenant of record on  file  with  NYCHA,
    39  such individuals to include, but not be limited to, aunts, uncles, niec-
    40  es,  nephews,  and  first  cousins,  provided  that such applications to
    41  become a tenant of record following the transfer of a leasehold interest
    42  in the housing facility to the trust shall be made no later than  thirty
    43  days before such transfer. Any requests received after such date will be
    44  reviewed in accordance with the policies described in the administrative
    45  plan, and any amendments to such plan, of NYCHA.
    46    §  632.  Compliance  with  codes.   1. The trust shall, in the design,
    47  development, construction, reconstruction,  improvement,  modernization,
    48  rehabilitation,  repair,  and  operation  of  or otherwise providing for
    49  housing facilities, comply and cause all contractors  of  the  trust  to
    50  comply with applicable sanitary and building laws and regulations.
    51    2. The trust shall adopt rules or regulations establishing sustainable
    52  design  guidelines  for  the  development, construction, reconstruction,
    53  improvement, modernization, rehabilitation, repair, and operation of, or
    54  otherwise providing for, housing facilities, which shall include  crite-
    55  ria  for  beneficial  electrification and renewable energy production in

        A. 7805--D                         13
 
     1  furtherance of the goals of decarbonized buildings, use  of  sustainable
     2  materials, and energy and water efficiency.
     3    § 633. Contracts of the trust. 1. Notwithstanding any provision of law
     4  to  the  contrary,  including  but  not limited to article eight of this
     5  chapter, the trust shall establish  and  maintain  procurement  policies
     6  that shall set forth the methods and procedures by which the trust shall
     7  procure  contracts  for goods and services, including but not limited to
     8  services for design, development, construction, reconstruction, improve-
     9  ment, modernization, rehabilitation, repair and  operation,  related  to
    10  property  owned  or leased by the trust, in a manner consistent with the
    11  provisions of this article.  Such policies shall specifically include:
    12    (a) a competitive sealed bidding process for the award of contracts in
    13  which sealed bids are publicly solicited or solicited  from  a  list  of
    14  prequalified  bidders and opened and a contract is awarded to the lowest
    15  responsive, responsible bidder;
    16    (b) processes for awarding contracts  for  goods  and  services  using
    17  alternatives  to  competitive  sealed  bidding  where competitive sealed
    18  bidding is not practicable or not advantageous, in which case the  trust
    19  shall use the most competitive method of procurement that is appropriate
    20  under  the  circumstances to select the proposer offering the best value
    21  to the trust;
    22    (c) a process for prequalifying bidders and proposers based on  crite-
    23  ria, which may include an entity's experience, past performance, ability
    24  to undertake work, financial capability, responsibility, reliability and
    25  status as a certified minority or women owned business enterprise pursu-
    26  ant  to  article  fifteen-A  of  the  executive  law or section thirteen
    27  hundred four of the New York city charter;
    28    (d) reasonable procedures to secure the  meaningful  participation  of
    29  minority and women owned business enterprises in the trust's procurement
    30  process.    The  trust may use the same measures to enhance minority and
    31  women owned business enterprise participation as are  available  to  the
    32  city pursuant to applicable law, including section 6-129 of the adminis-
    33  trative code of the city of New York;
    34    (e)  processes for awarding alternative project delivery contracts, in
    35  a manner consistent with the terms of section six hundred thirty-four of
    36  this article;
    37    (f) procedures for the  fair  and  equitable  resolution  of  contract
    38  disputes,  for  appeals  of  responsiveness  and responsibility determi-
    39  nations by the trust,  and  for  appeals  of  prequalification  determi-
    40  nations;
    41    (g)  a  process  for making purchases off contracts procured by public
    42  agencies and public entities, provided that such contract exists between
    43  a vendor and (1) the United States General Services Administration,  (2)
    44  the  state of New York or any of its political subdivisions, (3) another
    45  public authority or public corporation of the state, (4) another  public
    46  housing  agency or public housing authority, or (5) any purchasing coop-
    47  erative where the lead  purchasing  entity  is  any  of  the  foregoing,
    48  provided that in any case when the trust under this paragraph determines
    49  that  obtaining  such  item  thereby would be in the public interest and
    50  provide for greater economy and efficiency and sets  forth  the  reasons
    51  for such determination.  Such rationale shall include, but not be limit-
    52  ed to, a determination of need, a consideration of the procurement meth-
    53  od  by  which the contract was awarded, an explanation why a competitive
    54  procurement or the use of a centralized contract let by the commissioner
    55  of the office of general services is not in the  best  interest  of  the
    56  trust, and the reasonableness of cost; and

        A. 7805--D                         14
 
     1    (h)  a mechanism for procurements without a formal competitive process
     2  where:
     3    (1)  the existence of an emergency involving danger to life, safety or
     4  property requires immediate action and cannot await a competitive  proc-
     5  ess  for  goods  or services to be purchased, including, but not limited
     6  to, services for construction,  reconstruction,  rehabilitation,  alter-
     7  ation,  renovation, maintenance or repairs, which are essential to effi-
     8  cient operation or the adequate provision of service by the trust and as
     9  a consequence of unforeseen circumstance such purchase  cannot  await  a
    10  competitive process;
    11    (2) a procurement's value does not exceed fifty thousand dollars;
    12    (3)  the trust receives no responsive bids or only a single responsive
    13  bid in response to a solicitation for competitive bids or proposals;
    14    (4) a procurement's  value  does  not  exceed  five  hundred  thousand
    15  dollars  and  is  made  from a business certified as a minority or women
    16  owned business enterprise pursuant to article fifteen-A of the executive
    17  law and section thirteen hundred four of  the  New  York  city  charter.
    18  Nothing  in this paragraph shall be construed to require that such busi-
    19  ness be concurrently certified  as  minority  or  women  owned  business
    20  enterprises  under  article  fifteen-A  of the executive law and section
    21  thirteen hundred four of the New York city charter to be awarded such  a
    22  contract;
    23    (5) a duly appointed representative of the trust determines in writing
    24  that, based on a market analysis, only one source for the required goods
    25  or  services,  including  but not limited to, services for construction,
    26  reconstruction, rehabilitation, alteration, renovation, maintenance  and
    27  repairs, are available; or
    28    (6)  the  contract is a contract between the trust and another govern-
    29  mental entity, including, but not limited to NYCHA.
    30    2. Construction performed under a contract entered into by  the  trust
    31  pursuant  to  this article shall be deemed a public work to be performed
    32  in accordance with the provisions of article eight  of  the  labor  law,
    33  including  but not limited to the prevailing wage requirements set forth
    34  in section two hundred twenty of the labor law and the reporting,  moni-
    35  toring,  and enforcement provisions of such article, and for projects or
    36  public works receiving federal aid, applicable federal requirements  for
    37  prevailing  wage.  Any  contract,  the  principal purpose of which is to
    38  provide construction services and that is either entered into through  a
    39  competitive  sealed  bidding  process or pursuant to section six hundred
    40  thirty-four of this article, and undertaken pursuant to a project  labor
    41  agreement,  shall  include  a  clause requiring the selected alternative
    42  project delivery contractor or the contractor selected on the  basis  of
    43  its  sealed  bid  to  obligate  every  tier of contractor working on the
    44  public work to comply with the project  labor  agreement  referenced  in
    45  section  six  hundred  thirty-four of this article and this section, and
    46  shall include project labor agreement compliance monitoring and enforce-
    47  ment provisions consistent with any such project labor agreement.
    48    3. Contracts of the trust shall be subject to sections 6-108 and 6-123
    49  of the administrative code of the city of New York, and the trust  shall
    50  constitute  a  "contracting agency" for the purposes of section 6-123 of
    51  the administrative code of the city of New York.
    52    4. The provisions of section one hundred six-b of the general  munici-
    53  pal law shall apply to the trust.
    54    5.  The  provisions of section one hundred fifty-one-a of this chapter
    55  shall apply to the trust.

        A. 7805--D                         15
 
     1    6. Unless a federal requirement conflicts with any procurement  proce-
     2  dure  set  forth  in this article, the trust shall be required to comply
     3  with such procedure.
     4    § 634. Alternative project delivery contracts. 1.  Notwithstanding any
     5  provision  of  law to the contrary, including but not limited to section
     6  seventy-two hundred ten of the education law, and in conformity with the
     7  requirements of this article, for any public work undertaken pursuant to
     8  a project labor agreement the trust may use alternative project delivery
     9  contracts, provided that the authority to advertise a request for quali-
    10  fication in accordance with this section shall expire five  years  after
    11  the effective date of this section.
    12    (a)  A  contractor  selected by the trust to enter into an alternative
    13  project delivery contract may be selected through a two-step method,  as
    14  follows:
    15    (1)  Step  one.  The  first  step shall be the generation of a list of
    16  responding entities that have demonstrated  the  general  capability  to
    17  perform  the  alternative  project  delivery contract.   Such list shall
    18  consist of a specified number of responding entities, as  determined  by
    19  the  trust,  and  shall  be  generated  based upon the trust's review of
    20  responses to a  publicly  advertised  request  for  qualifications.  The
    21  trust's  request  for qualifications shall include a general description
    22  of the public work, the maximum number  of  responding  entities  to  be
    23  included  on  such list, the selection criteria to be used and the rela-
    24  tive weight of each criteria in generating  such  list.  Such  selection
    25  criteria  shall  include the qualifications and experience of the entity
    26  or team of entities, organization, demonstrated responsibility,  ability
    27  of the entity or team of entities or of a member or members of the enti-
    28  ty or team of entities to comply with applicable requirements, including
    29  the  provisions  of  articles one hundred forty-five, one hundred forty-
    30  seven and one hundred forty-eight of the education law, past  record  of
    31  compliance  with  the labor law, and such other qualifications the trust
    32  deems appropriate, which may include but  are  not  limited  to  project
    33  understanding,  financial capability and record of past performance. The
    34  trust shall evaluate and rate all responding entities to the request for
    35  qualifications. Based upon  such  ratings,  the  trust  shall  list  the
    36  responding  entities  that  shall  receive  a  request  for proposals in
    37  accordance with subparagraph  two  of  this  paragraph.  To  the  extent
    38  consistent  with  applicable federal law, the trust shall consider, when
    39  awarding any contract pursuant to this section, the participation of (i)
    40  responding entities that are certified as minority or women owned  busi-
    41  ness  enterprises pursuant to article fifteen-A of the executive law, or
    42  certified pursuant to local law as  minority  or  women  owned  business
    43  enterprises,  (ii) small business concerns identified pursuant to subdi-
    44  vision (b) of section one hundred thirty-nine-g  of  the  state  finance
    45  law, and (iii) business concerns that provide economic opportunities for
    46  low  and very low-income persons in accordance with section three of the
    47  federal housing and urban development act  of  nineteen  hundred  sixty-
    48  eight,  as amended, or any successor provision.  In addition, nothing in
    49  this section shall be deemed to supersede any prequalification  policies
    50  adopted  by  the  trust  pursuant to section six hundred thirty-three of
    51  this article.
    52    (2) Step two. The second step shall be the selection of  the  proposal
    53  which  is  the  best value to the trust. The trust shall issue a request
    54  for proposals to the responding entities listed pursuant to subparagraph
    55  one of this paragraph. If such a responding entity consists of a team of
    56  separate entities, the entities that comprise such a team  shall  remain

        A. 7805--D                         16
 
     1  unchanged  from the responding entity as listed pursuant to subparagraph
     2  one of this paragraph  unless  otherwise  approved  by  the  trust.  The
     3  request  for  proposals shall set forth the public work's scope of work,
     4  and  other  requirements,  as determined by the trust, which may include
     5  separate goals for work under the contract to be performed by businesses
     6  certified as minority or women owned business  enterprises  pursuant  to
     7  article  fifteen-A  of the executive law, or certified pursuant to local
     8  law as minority or women owned business  enterprises,  or  goals  estab-
     9  lished pursuant to section three of the federal housing and urban devel-
    10  opment act of nineteen hundred sixty-eight, as amended, or any successor
    11  provision,  if  applicable. The request for proposals shall also specify
    12  the criteria to be used to  evaluate  the  responses  and  the  relative
    13  weight of each of such criteria. Such criteria shall include:  the qual-
    14  ity of the proposal's solution; the qualifications and experience of the
    15  proposer;  the  proposal's  cost,  which may include factors that may be
    16  considered individually or in the aggregate, such as the  proposed  cost
    17  of  design  phase work, the proposed cost of construction phase work, or
    18  cost factors relating to construction phase  work,  as  applicable;  and
    19  other  factors  deemed  pertinent  by  the trust, which may include, but
    20  shall not be limited to, the proposal's manner and schedule  of  project
    21  implementation,  the proposer's ability to complete the work in a timely
    22  and satisfactory manner, maintenance costs of the completed public work,
    23  maintenance of traffic approach, and community impact.   The  trust  may
    24  engage  in  negotiations or other discussions with all qualified vendors
    25  that have expressed interest, provided that the trust maintains a  writ-
    26  ten  record  of the conduct of negotiations or discussions and the basis
    27  for every determination to continue or suspend negotiations, and further
    28  provided that if the trust determines for a particular contract or for a
    29  particular type of contract that it is in the trust's best  interest  to
    30  negotiate  or  enter  into discussions with fewer proposers, it may make
    31  such a determination in writing. If the trust enters into  such  negoti-
    32  ations,  the  trust  shall allow all proposers to revise their proposals
    33  upon conclusion of negotiations, and the trust shall evaluate the propo-
    34  sers' revised proposals using the criteria included in the  request  for
    35  proposals.    Any  contract  awarded  pursuant  to this section shall be
    36  awarded to a responsive and responsible proposer,  which,  in  consider-
    37  ation of these and other specified criteria deemed pertinent, offers the
    38  best  value  as determined by the trust. The request for proposals shall
    39  include a statement that proposers  shall  designate  in  writing  those
    40  portions of the proposal that contain trade secrets or other proprietary
    41  information that are to remain confidential, so that the material desig-
    42  nated  as  confidential  shall  be  readily separable from the proposal.
    43  Nothing in this subdivision shall be construed  to  prohibit  the  trust
    44  from negotiating final contract terms and conditions including cost. All
    45  proposals  submitted shall be scored according to the criteria listed in
    46  the request for proposals and such final scores shall  be  published  on
    47  the  trust's  website  after  the  date  upon which such contract may be
    48  implemented.
    49    (b) The trust, in awarding an alternative project delivery contract to
    50  a contractor offering the best value may  use  the  following  types  of
    51  contracts:
    52    (1)  a  cost-plus  not  to  exceed  guaranteed  maximum  price form of
    53  contract in which the trust shall be entitled to monitor and  audit  all
    54  costs.  In establishing the schedule and process for determining a guar-
    55  anteed maximum price, the contract between the trust and the  contractor
    56  shall  include  terms  specifying  the price for the design phase of the

        A. 7805--D                         17
 
     1  work, the scope of the work, and any applicable cost factors relating to
     2  construction phase work that were included in the contractor's proposal.
     3  A fair and reasonable guaranteed  maximum  price  for  the  construction
     4  phase  of the  work, or portions of the construction phase of the  work,
     5  may be agreed to as one or more amendments to  such  contract  based  on
     6  developments in the design of the project that occur after such contract
     7  is  executed.  Each  guaranteed  maximum  price  amendment  shall:   (i)
     8  describe the scope of the portion of the construction phase work subject
     9  to the amendment, the cost of performing  such  work,  and  the  maximum
    10  costs of any contingencies related to such work, (ii) include a detailed
    11  line item cost breakdown, (iii) include a list of all drawings, specifi-
    12  cations  and  other information on which the guaranteed maximum price is
    13  based, (iv) include the dates of substantial  and  final  completion  on
    14  which  the  guaranteed  maximum  price  is based, as applicable, and (v)
    15  include a schedule of unit prices.  The trust shall maintain  a  written
    16  record of each guaranteed maximum price amendment, which shall include a
    17  summary  of  the  negotiation  process and a description of the relevant
    18  developments in the design of the project,  independent  cost  estimates
    19  prepared  by or on behalf of the trust, as required pursuant to a policy
    20  established by the trust, the contractor's  actual  cost  schedules  and
    21  unit  prices,  and  any  other factors that the trust considered. If the
    22  trust and the contractor cannot agree upon a  guaranteed  maximum  price
    23  for  one  or  more  portions  of  construction phase work, the trust may
    24  direct the contractor to assign all or  a  portion  of  the  duties  and
    25  rights  under  such  alternative  project  delivery  contract to another
    26  responsive and responsible proposer  pursuant  to  subparagraph  two  of
    27  paragraph  (a)  of  this  subdivision that offered the best value of the
    28  remaining proposers and that will agree to accept such assignment.  This
    29  subparagraph  shall  not  be  deemed to prohibit the use of any contract
    30  terms or procedures pursuant to any other provision  of  law,  including
    31  but not limited to provisions included in this article;
    32    (2) a lump sum contract in which the contractor agrees to accept a set
    33  dollar  amount  for  a  contract  which  comprises  a single bid without
    34  providing a cost breakdown for all costs such as for  equipment,  labor,
    35  materials,  as well as such contractor's profit for completing all items
    36  of work comprising the public work;
    37    (3) incentive payments identified in the  text  of  the  contract  for
    38  performance objectives; or
    39    (4) a combination of elements of the contract types listed herein.
    40    2. All alternative project delivery contracts entered into pursuant to
    41  this  section  shall  include  a  clause requiring that any professional
    42  services regulated by  articles  one  hundred  forty-five,  one  hundred
    43  forty-seven  and  one  hundred forty-eight of the education law shall be
    44  performed and stamped and sealed, where appropriate, by  a  professional
    45  licensed in accordance with the appropriate article.
    46    3.  The  submission  of a proposal or responses or the execution of an
    47  alternative project delivery contract pursuant to this article shall not
    48  be construed to be a violation of  section  six  thousand  five  hundred
    49  twelve of the education law.
    50    4.  Each  alternative  project  delivery  contract entered into by the
    51  trust pursuant to this article shall  comply  with  the  objectives  and
    52  goals relating to the performance of design and construction services by
    53  minority  and women owned business enterprises pursuant to section 6-129
    54  of the administrative code of the city of New York, or, for projects  or
    55  public  works receiving federal aid, applicable federal requirements for
    56  disadvantaged business enterprises or minority and women owned  business

        A. 7805--D                         18
 
     1  enterprises  and section three of the federal housing and urban develop-
     2  ment act of nineteen hundred sixty-eight, as amended, or  any  successor
     3  provision, if applicable.
     4    5.  (a)  Notwithstanding  any  provision  of  law to the contrary, all
     5  rights or benefits, including terms and conditions  of  employment,  and
     6  protection  of  civil  service  and  collective bargaining status of all
     7  employees of NYCHA and the trust solely in connection with the use of an
     8  alternative project delivery contract pursuant to this section shall  be
     9  preserved and protected.
    10    (b) The use of alternative project delivery contracts pursuant to this
    11  section  shall  not  result  in  the  (1)  displacement of any currently
    12  employed  worker  of  NYCHA  or  loss  of  position,  including  partial
    13  displacement  such  as  a  reduction  in the hours of non-overtime work,
    14  wages or employment benefits, or result in the  impairment  of  existing
    15  collective  bargaining  agreements  to  which  NYCHA  is a party, or (2)
    16  transfer of existing duties and functions  related  to  maintenance  and
    17  operations  currently  performed  by  existing  employees  of NYCHA to a
    18  contractor.
    19    (c) Employees of the trust and NYCHA serving  in  positions  in  newly
    20  created  titles  shall  be  assigned to the appropriate bargaining unit.
    21  Nothing contained in this section shall be construed to affect  (1)  the
    22  existing rights of employees of NYCHA pursuant to an existing collective
    23  bargaining  agreement,  (2)  the existing representational relationships
    24  among employee organizations representing employees of NYCHA, or (3) the
    25  bargaining relationships between NYCHA and such employee organizations.
    26    (d)  Without  limiting  contractors'  obligations  under   alternative
    27  project  delivery contracts to issue their own initial certifications of
    28  substantial completion and final completion,  public  employees  of  the
    29  trust  shall review and determine whether the work performed by contrac-
    30  tors is acceptable and has been performed in accordance with the  appli-
    31  cable alternative project delivery contracts, and if such public employ-
    32  ees  so  determine,  such  public  employees  shall  accept contractors'
    33  substantial or final completion  of  the  public  works  as  applicable.
    34  Performance  by public employees of the trust of any review described in
    35  this subdivision shall not be construed to modify or limit  contractors'
    36  obligations to perform the work in strict accordance with the applicable
    37  alternative project delivery contract or the contractors' or any subcon-
    38  tractors' obligations or liabilities under any law.
    39    §  635.  Additional  authority. The procurement authority conferred by
    40  this article shall not impact or impair, and shall be  in  addition  to,
    41  the  authority  conferred  by the NYCHA modernization investment act and
    42  the New York city public works investment act.
    43    §  636.  Additional  requirements  for  alternative  project  delivery
    44  contracts.  Construction  performed under a contract entered into by the
    45  trust pursuant to this article shall be deemed a  "public  work"  to  be
    46  performed  in  accordance  with  the  provisions of article eight of the
    47  labor law, including but not limited to the prevailing wage requirements
    48  set forth in section two hundred twenty of the labor law and the report-
    49  ing, monitoring, and enforcement provisions of  article  eight  of  such
    50  law,  as well as subject to sections two hundred, two hundred forty, two
    51  hundred forty-one and two hundred forty-two of the labor  law,  and  for
    52  projects  or  public  works  receiving  federal  aid, applicable federal
    53  requirements for prevailing wage. Any contract entered into pursuant  to
    54  section six hundred thirty-four of this article, and undertaken pursuant
    55  to  a  project  labor  agreement,  shall  include a clause requiring the
    56  selected alternative project delivery contractor to obligate every  tier

        A. 7805--D                         19
 
     1  of  contractor  working  on  the  public work to comply with the project
     2  labor agreement referenced in section six hundred  thirty-four  of  this
     3  article, and shall include project labor agreement compliance monitoring
     4  and enforcement provisions consistent with any such project labor agree-
     5  ment.
     6    §  637. Borrowing by the trust and for its benefit; effects of certain
     7  defaults. 1. For the purposes of this section, the term "project"  means
     8  the  acquisition,  development,  design,  construction,  reconstruction,
     9  improvement, rehabilitation, repairing and operation of housing  facili-
    10  ties.
    11    2.  The  trust shall have the power and is hereby authorized from time
    12  to time to issue bonds, notes or other obligations  in  conformity  with
    13  applicable  provisions of the uniform commercial code, in such principal
    14  amounts as it may determine to be necessary  to  pay  the  cost  of  any
    15  project  and to fund reserves to secure such bonds, notes or other obli-
    16  gations, including costs of issuance and  any  administrative  or  inci-
    17  dental  expenses  in  connection  therewith, provided that the aggregate
    18  principal amount of such bonds, notes or  other  obligations  shall  not
    19  exceed  ten billion dollars plus a principal amount of such bonds, notes
    20  or other obligations issued (a) to fund any related debt service reserve
    21  fund, (b) to provide capitalized interest, and (c) to provide  fees  and
    22  other charges and expenses, including underwriters' discount, related to
    23  the  issuance  of such bonds, notes or other obligations and the mainte-
    24  nance of such reserves.  The trust shall have the  power  from  time  to
    25  time to refund any bonds, notes or other obligations of the trust by the
    26  issuance  of new bonds, notes or other obligations, and may issue bonds,
    27  notes or other obligations partly to refund bonds, notes or other  obli-
    28  gations  of the trust then outstanding and partly to pay the cost of any
    29  project.  Bonds, notes or other obligations issued by the trust shall be
    30  payable as may be designated in the resolution of the trust under  which
    31  the  bonds, notes or other obligations shall be authorized to be issued,
    32  subject to any agreements with the holders of outstanding  bonds,  notes
    33  or  other  obligations  pledging  any particular revenues or moneys.  No
    34  bonds, notes or other obligations of the trust or any entity referred to
    35  in subdivision thirteen of section six hundred twenty-nine of this arti-
    36  cle shall be issued or incurred without the prior  written  approval  of
    37  the  director  of  management and budget of the city of New York, and no
    38  such bonds, notes or other obligations shall be issued for  the  purpose
    39  of  refinancing any bonds, notes or other obligations of NYCHA, provided
    40  that the proceeds of up to six hundred million  dollars  of  the  bonds,
    41  notes  or  other  obligations  of the trust or any entity referred to in
    42  subdivision thirteen of section six hundred twenty-nine of this  article
    43  may  be  applied to the payment of outstanding debt incurred by NYCHA in
    44  connection with one or more housing facilities, in  furtherance  of  the
    45  purposes of this article, including, but not limited to, for the purpose
    46  of payment of outstanding energy performance contract debt.
    47    3. The trust shall be authorized to obtain insurance, letters of cred-
    48  it  and other credit or liquidity facilities related to its bonds, notes
    49  or other obligations.
    50    4. The board may delegate to the chair or the president of  the  trust
    51  the power to set the final terms of bonds, notes or other obligations.
    52    5.  Whenever the trust shall determine that the issuance of its bonds,
    53  notes or other obligations is appropriate, the trust shall make a deter-
    54  mination as to the arrangements necessary for the issuance and  sale  of
    55  such  bonds,  notes  or other obligations, including the underwriting of
    56  such bonds, notes or other obligations through  the  public  or  private

        A. 7805--D                         20
 
     1  sale  of  such bonds, notes or other obligations, and such determination
     2  shall include compensation for services  rendered  as  the  trust  deems
     3  appropriate.  Such  determination  shall be set forth in a resolution of
     4  the  trust, which shall authorize issuance of such bonds, notes or other
     5  obligations.  The bonds, notes or other obligations shall bear  interest
     6  at  such  fixed or variable rates and shall be in such denominations, be
     7  in such form, either coupon or registered, be sold  at  such  public  or
     8  private  sale,  be  executed  in  such  manner, be denominated in United
     9  States currency, be payable in such medium of payment, at such place and
    10  be subject to such terms of redemption as the trust may provide in  such
    11  resolution.
    12    6.  Any  resolution  or  resolutions authorizing bonds, notes or other
    13  obligations or any issue  of  bonds,  notes  or  other  obligations  may
    14  contain  provisions which may be a part of the contract with the holders
    15  of the bonds, notes or other obligations thereby authorized as to:
    16    (a) pledging all or part of its revenues, including, but  not  limited
    17  to,  project-based  or tenant-based assistance pursuant to section eight
    18  of the United States housing act of nineteen  hundred  thirty-seven,  as
    19  amended,  or  any  successor provision, and assistance provided to NYCHA
    20  pursuant to section nine of the United States housing  act  of  nineteen
    21  hundred  thirty-seven,  as amended, or any successor provision, together
    22  with any other moneys, securities or contracts, to secure the payment of
    23  the bonds, notes or other obligations, subject to such agreements as may
    24  then exist;
    25    (b) the setting aside of reserves and the creation  of  sinking  funds
    26  and the regulation and disposition thereof;
    27    (c)  limitations on the purpose to which the proceeds from the sale of
    28  bonds, notes or other obligations may be applied;
    29    (d) limitations on the issuance of additional bonds,  notes  or  other
    30  obligations, the terms upon which additional bonds, notes or other obli-
    31  gations  may  be issued and secured and the refunding of bonds, notes or
    32  other obligations;
    33    (e) the procedure, if any, by which the terms  of  any  contract  with
    34  holders  of bonds, notes or other obligations may be amended or abrogat-
    35  ed, including the proportion of holders of bonds, notes or  other  obli-
    36  gations which are needed to consent thereto and the manner in which such
    37  consent may be given;
    38    (f)  vesting  in  a  bond trustee or trustees such properties, rights,
    39  powers and duties in trust as the trust may determine; and
    40    (g) defining the acts or  omissions  to  act  that  may  constitute  a
    41  default  in  the  obligations  and duties of the trust to the holders of
    42  bonds, notes or other obligations and providing for the rights and reme-
    43  dies of the holders of bonds, notes or other obligations in the event of
    44  such default, including as a  matter  of  right  the  appointment  of  a
    45  receiver,  provided, however, that such rights and remedies shall not be
    46  inconsistent with the general laws of the state and other provisions  of
    47  this article.
    48    7. In addition to the powers herein conferred upon the trust to secure
    49  its  bonds,  notes  or  other obligations, the trust shall have power in
    50  connection with the issuance of bonds, notes  or  other  obligations  to
    51  enter  into  such  agreements  for  the benefit of the holders of bonds,
    52  notes or other obligations as the trust may deem  necessary,  convenient
    53  or  desirable concerning the use or disposition of its revenues or other
    54  moneys, including the entrusting, pledging  or  creation  of  any  other
    55  security interest in any such revenues, moneys and the doing of any act,
    56  including  refraining from doing any act, which the trust would have the

        A. 7805--D                         21
 
     1  right to do in the absence of such  agreements.  The  trust  shall  have
     2  power  to enter into amendments of any such agreements within the powers
     3  granted to the trust by this article and to perform such agreements. The
     4  provisions  of  any  such  agreements may be made a part of the contract
     5  with the holders of bonds, notes or other obligations of the trust.
     6    8. Notwithstanding any provision of the uniform commercial code to the
     7  contrary, any pledge of or other security interest in revenues,  moneys,
     8  accounts, contract rights, general intangible or other personal property
     9  made  or created by the trust shall be valid, binding and perfected from
    10  the time when such pledge is made or other  security  interest  attaches
    11  without  any physical delivery of the collateral or further act, and the
    12  lien of any such pledge or other security interest shall be valid, bind-
    13  ing and perfected against all parties having claims of any kind in tort,
    14  contract or otherwise against the trust irrespective of whether  or  not
    15  such  parties  have notice thereof. No instrument by which such a pledge
    16  or security interest is created nor  any  financing  statement  need  be
    17  recorded or filed.
    18    9.  Whether  or not the bonds, notes or other obligations of the trust
    19  are of such form and character as to be negotiable instruments under the
    20  terms of the uniform commercial code, the bonds, notes  or  other  obli-
    21  gations are hereby made negotiable instruments within the meaning of and
    22  for all the purposes of the uniform commercial code, subject only to the
    23  provisions of the bonds, notes or other obligations for registration.
    24    10.  Neither  the  members of the board nor any person executing bonds
    25  shall be liable personally thereon or be subject to any personal liabil-
    26  ity or accountability solely by reason  of  the  issuance  thereof.  The
    27  bonds,  notes  or  other obligations of the trust shall not be a debt of
    28  NYCHA, the city, or the state, and neither NYCHA, the city nor the state
    29  shall be liable thereon, nor shall they be  payable  out  of  any  funds
    30  other  than  those  of  the  trust, and such bonds, notes or other obli-
    31  gations shall contain on the face thereof a statement to such effect.
    32    11. The trust, subject to such agreements with bondholders as then may
    33  exist, shall have power to purchase bonds, notes or other obligations of
    34  the trust out of any moneys available therefor, which shall thereupon be
    35  cancelled.
    36    12. Notwithstanding any provision of article  twelve  of  the  private
    37  housing  finance  law,  section  twenty-nine  hundred seventy-six of the
    38  public authorities law or any other general, special or local law to the
    39  contrary, (a) the purposes of the  New  York  city  housing  development
    40  corporation  and  its  powers  granted  in article twelve of the private
    41  housing finance law also shall include, subject to the provisions of any
    42  contract with holders of its bonds,  notes  or  other  obligations,  the
    43  making  of  loans  to  the trust and entities referred to in subdivision
    44  thirteen of section six hundred twenty-nine of  this  article,  and  (b)
    45  bonds,  notes or other obligations of the New York city housing develop-
    46  ment corporation issued for, or to refund bonds, notes  or  other  obli-
    47  gations  issued  for,  such  purpose  or the purposes of paying costs of
    48  issuance thereof or funding reserves to  secure  such  bonds,  notes  or
    49  other  obligations  (i) may be sold without any consultation or approval
    50  otherwise required by subdivision two of section six hundred  fifty-five
    51  of  the  private  housing finance law, (ii) shall not be included in any
    52  calculation  of  outstanding  bonds,  notes  or  other  obligations  for
    53  purposes of section six hundred fifty-six of the private housing finance
    54  law  and  shall  not  be secured by any capital reserve fund established
    55  pursuant thereto, and (iii) shall not be included in any calculation  of
    56  bonds,  notes  or  other obligations issued by the New York city housing

        A. 7805--D                         22

     1  development corporation for  purposes  of  section  twenty-nine  hundred
     2  seventy-six of the public authorities law.
     3    13.  In  the  event  that any default on any bond, note or other obli-
     4  gation that is secured by an assignment of, mortgage on,  pledge  of  or
     5  other  encumbrance  on any interest of the trust, or any entity referred
     6  to in subdivision thirteen of section six hundred  twenty-nine  of  this
     7  article,  in  any  housing  facilities,  has  occurred and is continuing
     8  beyond the applicable cure period, if any, provided to the trust or such
     9  entity in the instrument granting such assignment, mortgage,  pledge  or
    10  other encumbrance, notwithstanding any provision in such instrument, any
    11  right  of  the beneficiary of such instrument to obtain such interest in
    12  such housing facilities as a remedy to any such  default  shall,  for  a
    13  period  ending thirty days after the end of such cure period, be subject
    14  to:
    15    (a) the right of the city of New York to remedy, or cause to be  reme-
    16  died, such default; and
    17    (b) the right of the state of New York to remedy, or cause to be reme-
    18  died,  such default; provided, however, that nothing in this subdivision
    19  shall be construed to impose any obligation on the city of New  York  or
    20  on  the  state  of  New  York  to  remedy, or cause to be remedied, such
    21  default.
    22    14. Notwithstanding any default  on  any  obligation  referred  to  in
    23  subdivision  thirteen  of  this section, and any remedies exercised as a
    24  result of such default, provisions relating to the restricted use of the
    25  housing facilities for the provision and operation of housing  for  low-
    26  income  families and current residents shall at all times continue to be
    27  in effect in perpetuity, and the housing facilities shall remain subject
    28  to the provisions of subdivision four of section six hundred  thirty  of
    29  this  article  and  section  six hundred thirty-one of this article. The
    30  trust shall not pledge the fee ownership of the  housing  facilities  as
    31  part of a financing arrangement.
    32    15.  At  least quarterly, the trust shall provide financial reports to
    33  the director of management and budget of the city of New York containing
    34  such information as the director of management and budget of the city of
    35  New York may request.
    36    § 638. Resources of the trust. 1. Subject to the  provisions  of  this
    37  article,  the members of the board shall receive, accept, invest, admin-
    38  ister, expend and disburse for its corporate purposes all money  of  the
    39  trust from whatever sources derived including (a) the proceeds of bonds,
    40  notes  and  other  obligations,  and  (b)  any other payments, gifts, or
    41  appropriations to the trust from any other source.
    42    2. Subject to the provisions of any contract with  holders  of  bonds,
    43  notes  or other obligations, the money of the trust shall be paid to the
    44  trust and shall not be commingled with any other money. The money of the
    45  trust shall be deposited in accounts held in the  trust's  name  in  the
    46  bank or banks in the state designated by the trust.
    47    3.  The  moneys  in  such  accounts shall be paid out on checks of the
    48  trust upon requisition by the chair or such officer or officers  as  the
    49  trust  may  authorize  to  make such requisitions, or pursuant to a bond
    50  resolution or trust indenture.
    51    4. Any moneys on deposit in the accounts of the trust not required for
    52  immediate expenditure shall be invested in obligations in which a  muni-
    53  cipality  may  be authorized to invest in accordance with section eleven
    54  of the general municipal law, provided, however, that such  funds  shall
    55  not  be invested in instruments commonly known as repurchase agreements.
    56  The trust shall have the power, notwithstanding the provisions  of  this

        A. 7805--D                         23
 
     1  section,  to  contract  with  the holders of any of its bonds, notes and
     2  other obligations as to the custody,  collection,  securing,  investment
     3  and  payment  of  any  money  of the trust or any money held in trust or
     4  otherwise  for  the  payment of bonds, notes and other obligations or in
     5  any way to secure bonds, notes and other obligations, and to  carry  out
     6  any such contract.
     7    §  639.  Legal investment and deposit. The bonds, notes or other obli-
     8  gations of the trust are hereby made  securities  in  which  all  public
     9  officers  and  bodies  of the state and all public corporations, munici-
    10  palities and municipal subdivisions, all insurance companies and associ-
    11  ations and other persons carrying on an insurance business,  all  banks,
    12  bankers, trust companies, savings banks and savings associations includ-
    13  ing  savings  and  loan  associations,  building  and loan associations,
    14  investment companies and other persons carrying on a  banking  business,
    15  all  administrators,  conservators,  guardians,  executors, trustees and
    16  other fiduciaries, and all other persons whatsoever who are now  or  may
    17  hereafter  be  authorized  to invest in bonds or in other obligations of
    18  the state, may properly and legally invest funds, including capital,  in
    19  their  control  or  belonging  to  them. The bonds, notes or other obli-
    20  gations are also hereby made securities which may be deposited with  and
    21  may  be  received by all public officers and bodies of the state and all
    22  municipalities and public corporations for any  purpose  for  which  the
    23  deposit  of bonds, notes or other obligations of the state is now or may
    24  hereafter be authorized.
    25    § 640. Tax exemption and tax contract by the state. 1.  It  is  hereby
    26  determined  that  the  creation of the trust and the carrying out of its
    27  corporate purposes is in all respects for the benefit of the  people  of
    28  the  state  of  New York and is a public purpose. Accordingly, the trust
    29  shall be regarded as performing an essential  governmental  function  in
    30  the  exercise  of  the powers conferred upon it by this article, and the
    31  trust shall not be required to pay any fees, taxes, special  ad  valorem
    32  levies  or assessments of any kind, including, but not limited to, fran-
    33  chise taxes, sales taxes or other taxes, upon or  with  respect  to  any
    34  property  owned by it or under its jurisdiction, control or supervision,
    35  or upon the uses thereof, or upon or with respect to its  activities  or
    36  operations  in furtherance of the powers conferred upon it by this arti-
    37  cle, or upon or with respect to any fares, tolls, rentals, rates, charg-
    38  es, fees, revenues or other income received by the trust.
    39    2. Any bonds, notes or other obligations issued pursuant to this arti-
    40  cle together with the income therefrom shall at all times be exempt from
    41  taxation.
    42    3. The state hereby covenants with the purchasers and with all  subse-
    43  quent  holders  and  transferees  of  bonds,  notes or other obligations
    44  issued by the trust pursuant to this article, in  consideration  of  the
    45  acceptance  of  and  payment  for the bonds, notes or other obligations,
    46  that the bonds, notes or other obligations of the trust issued  pursuant
    47  to  this  article and the income therefrom and all revenues, monies, and
    48  other property pledged to pay or to secure the payment  of  such  bonds,
    49  notes or other obligations shall at all times be free from taxation.
    50    §  641. Actions against the trust. 1. Except in an action for wrongful
    51  death, no action or proceeding shall be prosecuted or maintained against
    52  the trust for personal injury or damage to  real  or  personal  property
    53  alleged  to  have been sustained by reason of the negligence or wrongful
    54  act of the trust or of any  member  of  the  board,  officer,  agent  or
    55  employee  thereof, unless (a) it shall appear by and as an allegation in
    56  the complaint or moving papers that a notice of claim  shall  have  been

        A. 7805--D                         24
 
     1  made  and served upon the trust, within the time limit prescribed by and
     2  in compliance with section fifty-e of the general municipal law, (b)  it
     3  shall  appear  by and as an allegation in the complaint or moving papers
     4  that  at least thirty days have elapsed since the service of such notice
     5  and that adjustment or payment thereof has been  neglected  or  refused,
     6  and  (c)  the  action or proceeding shall be commenced within the period
     7  provided under section fifty-i of the general municipal law.  An  action
     8  against  the  trust  for wrongful death shall be commenced in accordance
     9  with the notice of claim and time limitation provisions of title  eleven
    10  of article nine of the public authorities law.
    11    2.  Wherever a notice of claim is served upon the trust, it shall have
    12  the right to demand an examination  of  the  claimant  relative  to  the
    13  occurrence  and  extent  of  the  injuries or damages for which claim is
    14  made, in accordance with the provisions of section fifty-h of the gener-
    15  al municipal law.
    16    3. The trust may require  any  person  presenting  for  settlement  an
    17  account  or claim for any cause whatsoever against the trust to be sworn
    18  before a member of the board, counsel or an attorney, officer or employ-
    19  ee thereof designated for such purpose, concerning such account or claim
    20  and when so sworn, to answer orally as to any  facts  relative  to  such
    21  account  or  claim.  The  trust shall have power to settle or adjust any
    22  claims in favor of or against the trust.
    23    4. The rate of interest to be paid by the trust upon any judgment  for
    24  which it is liable, other than a judgment on bonds, notes or other obli-
    25  gations,  shall not exceed the rate of interest on judgments and accrued
    26  claims against municipal authorities as provided in the general  munici-
    27  pal  law.    Interest on payments of principal or interest on any bonds,
    28  notes or other obligations in default shall accrue at the rate specified
    29  in the general municipal law until paid or otherwise satisfied.
    30    5. The venue of every  action,  suit  or  special  proceeding  brought
    31  against the trust shall be laid in the county of New York.
    32    §  642. Civil service and pension system membership. 1. The trust, for
    33  the purpose of administering the civil service law, shall be subject  to
    34  the  provisions  of  the  civil  service  law  and the rules of the city
    35  department of citywide administrative services or any  successor  acting
    36  as  the  municipal  commission  of  the city. The president of the trust
    37  shall be empowered to act for the  trust  in  all  matters  relating  to
    38  compliance with this subdivision.
    39    2.  With respect to persons employed by NYCHA on the effective date of
    40  this section, the trust and NYCHA shall be deemed to be the same  public
    41  employer  only  for  purposes  of transfer of employment under the civil
    42  service law, which may be made only with the approval of the  NYCHA  CEO
    43  and the president of the trust. No civil service right of an employee of
    44  NYCHA  employed  on  the  effective  date of this article shall be lost,
    45  impaired or affected by reason of the enactment  of  this  section  into
    46  law.
    47    3.  Any  person  on  an  eligible list for a position with NYCHA shall
    48  continue to hold such position on such list and shall be entitled to the
    49  same civil service rights. The trust shall continue to use  any  new  or
    50  existing  civil  service lists promulgated by the department of citywide
    51  administrative services until such time as successor titles  are  estab-
    52  lished.  Employees  of the trust shall have the same rights and benefits
    53  as employees of NYCHA.
    54    4. Any officer or employee of NYCHA who is transferred  to  the  trust
    55  pursuant  to  this  section  and  who at the time of such transfer was a
    56  member of the New York city employees' retirement system shall  continue

        A. 7805--D                         25
 
     1  to  be a member of such system as long as he or she or they continues in
     2  such service, and shall continue to have all the rights, privileges  and
     3  obligations  of membership in such system. Employment by the trust shall
     4  constitute  city-service  for the purposes of chapter one of title thir-
     5  teen of the administrative code of the city of New York.
     6    § 643. Collective negotiation. 1. The  city  of  New  York  collective
     7  bargaining law shall apply to the trust.
     8    2.  For  the  purpose of article fourteen of the civil service law and
     9  the New York city collective bargaining law, as applicable,  the  trust,
    10  acting  by  and  through its president, shall be deemed to be the public
    11  employer and as such shall negotiate with and enter into written  agree-
    12  ments  with  employee  organizations representing the staff of the trust
    13  that have been certified or recognized  in  accordance  with  applicable
    14  law.    In carrying on such negotiations, the president of the trust may
    15  consult with and seek assistance from the city office of labor relations
    16  and NYCHA. The president of the trust shall consult with the appropriate
    17  public employee organization on the establishment of,  and  bargain  all
    18  terms  and conditions of, any new titles established for the trust which
    19  have a community of interest with  titles  already  represented  by  the
    20  public  employee  organization which presently has representation rights
    21  for those titles for NYCHA or for the city. Any such  titles  for  which
    22  terms and conditions are bargained pursuant to this subdivision shall be
    23  deemed  to be successor titles within the meaning of applicable law and,
    24  so long as the responsibilities of employees in these titles are reason-
    25  ably related to the responsibilities of employees currently  represented
    26  by  a public employee organization, shall be accreted to the appropriate
    27  bargaining certificates for  which  such  public  employee  organization
    28  shall be voluntarily recognized as the bargaining agent under procedures
    29  acceptable to the office of collective bargaining.
    30    § 644. Application of state and local human rights laws. Notwithstand-
    31  ing  any provision of law to the contrary, article fifteen of the execu-
    32  tive law and title eight of the administrative code of the city  of  New
    33  York shall apply to the trust.
    34    §  645.  Limited  liability.  1.  As  used  in  this section, the term
    35  "employee" shall mean the members of  the  board,  president,  officers,
    36  employees,  or  a  former  employee,  his  or  her  estate or judicially
    37  appointed personal representative.
    38    2. Neither the members of the board nor any officers  or  employee  of
    39  the  trust  acting  on  behalf thereof, while acting within the scope of
    40  such person's authority, shall be subject  to  any  liability  resulting
    41  from carrying out any of the powers expressly given in this article.
    42    3. At the request of the employee, and upon compliance by the employee
    43  with  the  provisions  of  this section, the trust shall provide for the
    44  defense of an employee in any civil action or proceeding in any state or
    45  federal court, arising out of any alleged  act  or  omission  which  the
    46  trust  finds  occurred while the employee was acting within the scope of
    47  his or her public employment and in the discharge of his or  her  public
    48  duties  and  was not in violation of any rule or regulation of the trust
    49  at the time the alleged act or omission occurred. This duty  to  provide
    50  for  a  defense  and  indemnification  shall  not arise where such civil
    51  action or proceeding is brought by or on behalf of the trust against the
    52  employee.
    53    4. The trust shall indemnify and hold harmless its  employees  in  the
    54  amount  of  any  civil  judgment  obtained against such employees in any
    55  state or federal court, or in the amount of any settlement  of  a  claim
    56  approved  by the trust provided that the act or omission from which such

        A. 7805--D                         26
 
     1  judgment or settlement arose occurred  while  the  employee  was  acting
     2  within the scope of his or her public employment and in the discharge of
     3  his  or  her public duties and was not in violation of any rule or regu-
     4  lation  of the trust at the time the alleged damages were sustained. The
     5  duty to indemnify and hold harmless prescribed by this section shall not
     6  arise where the injury or damage resulted from an  intentional  wrongdo-
     7  ing,  or  recklessness  on  the  part  of  the employee. Nothing in this
     8  section shall authorize the trust  to  indemnify  or  hold  harmless  an
     9  employee  with respect to punitive or exemplary damages, fines or penal-
    10  ties.
    11    5. The duty to defend and indemnify and hold  harmless  prescribed  by
    12  this  section  shall be conditioned upon (a) delivery by the employee to
    13  the president or general counsel of the trust at the office of the trust
    14  of the original or a copy of any  summons,  complaint,  claim,  process,
    15  notice,  demand or pleading within ten days after the employee is served
    16  with such document, and (b) the full cooperation of the employee in  the
    17  defense  of  such  action  or proceeding and in defense of any action or
    18  proceeding against the trust based upon the same act or omission, and in
    19  the prosecution of any appeal.  Such delivery shall be deemed a  request
    20  by  the  employee that the trust provide for his or her defense pursuant
    21  to this section. In the event that the trust shall assume an  employee's
    22  defense and thereafter the employee fails or refuses to cooperate in the
    23  formation  or presentation of his or her defense, the court shall permit
    24  the trust to withdraw its representation ten days after  giving  written
    25  notice  to  the  employee of its intention to discontinue such represen-
    26  tation.
    27    6. In the event that the act or omission upon which the court proceed-
    28  ing against the employee is based was or is also the basis of  a  disci-
    29  plinary proceeding by the trust against the employee, representation and
    30  indemnification by the trust, as set forth in this section, may be with-
    31  held  (a)  until such disciplinary proceeding has been resolved, and (b)
    32  unless the resolution of  the  disciplinary  proceeding  exonerated  the
    33  employee as to such act or omission.
    34    7.  Subject to the conditions set forth in this section, such employee
    35  shall be entitled to representation by the general counsel of the  trust
    36  or  by  any  attorney  or  attorneys  designated by the general counsel,
    37  provided, however, that the employee shall be entitled to be represented
    38  by private counsel of his or her choice in any civil action or  proceed-
    39  ing  whenever the trust determines that representation would be inappro-
    40  priate, or whenever a court, upon appropriate motion or otherwise  by  a
    41  special  proceeding,  determines  that a conflict of interest exists and
    42  that the employee is entitled to be represented by  private  counsel  of
    43  the employee's choice. The general counsel of the trust shall notify the
    44  employee  in writing of such determination that the employee is entitled
    45  to be represented by private counsel. Provided, however, that the  trust
    46  may  require, as a condition to payment of the fees and expenses of such
    47  representation, that appropriate groups of such employees be represented
    48  by the same counsel. Reasonable attorneys' fees and litigation  expenses
    49  shall  be  paid  by  the trust to such private counsel from time to time
    50  during the pendency of a civil action or proceeding.
    51    8. Any dispute with respect to representation of multiple employees by
    52  a single counsel or the reasonableness of attorneys' fees or the  amount
    53  of  litigation expenses shall be resolved by the court upon motion or by
    54  way of a special proceeding.
    55    9. The benefits of this section  shall  inure  only  to  employees  as
    56  defined  in this section and shall not enlarge or diminish the rights of

        A. 7805--D                         27
 
     1  any other party nor shall any provision of this section be construed  to
     2  affect, alter or repeal any provision of the workers' compensation law.
     3    10.  The  provisions of this section shall not be construed in any way
     4  to impair, alter, limit or modify the  rights  and  obligations  of  any
     5  insurer under any policy of insurance.
     6    11.  Except  as  otherwise  specifically provided in this section, the
     7  provisions of this section shall not be construed in any way to  impair,
     8  alter,  limit, modify, abrogate or restrict any immunity available to or
     9  conferred upon any unit, entity, member,  officer  or  employee  of  the
    10  trust,  or  any  right  to  defense  or indemnification provided for any
    11  member, officer or employee by, in accordance with, or by reason of, any
    12  other provision of state, federal or local law or common law.
    13    12. Every action or proceeding instituted pursuant to  the  provisions
    14  of  this  section  shall  be  commenced  pursuant to section six hundred
    15  forty-one of this article, and subject to any  condition  or  limitation
    16  set forth in such section.
    17    13.  The  provisions  of  this  section shall apply to the actions and
    18  proceedings set forth herein notwithstanding any inconsistent provisions
    19  of state or local law.
    20    § 646. Audit and annual reports. The  trust  shall  have  an  internal
    21  audit function and shall annually prepare and submit reports as required
    22  by  this  section,  provided that no report shall be required during the
    23  earlier of the first year after the trust commences  its  operations  or
    24  one year and nine months after the effective date of this section.
    25    1.  Within one one hundred twenty days of the end of the city's fiscal
    26  year, the trust shall submit to the mayor of the  city,  the  recognized
    27  citywide council of presidents, or an equivalent successor body, and the
    28  NYCHA board a report on its operations during such fiscal year. An annu-
    29  al  audit  of  the  trust shall be conducted by an independent certified
    30  public accountant,  and  the  trust's  independently  audited  financial
    31  statements  shall  be  included  in  this  report. The report shall also
    32  detail the extent of completion of all projects for development, design,
    33  construction, reconstruction, improvement, rehabilitation, repairing and
    34  operation of  housing  facilities,  including,  by  project,  identified
    35  shortfalls  in  schedule  performance and providing explanation for such
    36  shortfalls. Such report shall detail the extent of completion as existed
    37  on the last day of the  city's  fiscal  year.  Such  report  shall  also
    38  include  a  description  of  each alternative project delivery contract,
    39  information regarding the procurement process for each such  alternative
    40  project delivery contract including the list of responding entities that
    41  demonstrated  the general capability to perform such alternative project
    42  delivery contract pursuant  to  paragraph  (a)  of  subdivision  one  of
    43  section  six hundred thirty-four of this article, the total cost of each
    44  alternative project delivery contract, an explanation of  the  estimated
    45  savings  attributable  from  the  alternative  project delivery contract
    46  structure used, and the participation rate of and total dollar value  of
    47  monies  paid to minority and women owned business enterprises under such
    48  contract. Such report shall also include a description of the employment
    49  and other economic opportunities directed to residents  of  the  housing
    50  facilities,  such  as  reporting related to section three of the federal
    51  housing and urban development act of nineteen  hundred  sixty-eight,  as
    52  amended, pursuant to subdivision three of section six hundred thirty-one
    53  of  this  article.   Such report shall also include (i) an assessment of
    54  the effectiveness of internal controls, (ii) organization  chart,  (iii)
    55  salary  information  for  all  employees, (iv) debt issuance information
    56  (including outstanding debt and any new debt  to  be  issued,  costs  of

        A. 7805--D                         28
 
     1  issuance  data,  bonds redeemed), (v) certain summary financial informa-
     2  tion, including receipts  and  disbursements,  as  well  as  assets  and
     3  liabilities,  (vi) annual procurement report, (vii) investment of agency
     4  funds  information,  (viii)  information  regarding  the  disposition of
     5  tenant complaints, maintenance of apartments and facilities,  and  other
     6  information  pertaining  to  the  rights  of  tenants to remain in their
     7  apartment; and (ix) information regarding the level of outreach to,  and
     8  participation of, residents related to the trust.  The trust shall tran-
     9  smit the portion of such report relating to alternative project delivery
    10  contracts to the governor, the temporary president of the senate and the
    11  speaker of the assembly.  Such report shall be made publicly available.
    12    2.  On  the  last  business day in November of each calendar year, the
    13  trust shall submit a report describing its strategic planning  framework
    14  for the upcoming calendar year to the mayor of the city and to the NYCHA
    15  board.  Such report shall describe any capital improvements to be under-
    16  taken and the approximate costs of such improvements and  shall  provide
    17  information  regarding  operations, programs, and services of the trust.
    18  The trust shall present a draft of this report at a meeting of the board
    19  scheduled to occur no less than forty-five calendar days  prior  to  the
    20  last business day in November. The trust shall make such draft available
    21  for  public  review no less than fifteen calendar days before such meet-
    22  ing. The trust shall offer the public an  opportunity  to  provide  oral
    23  comment  on the report at such meeting and to submit written comments to
    24  the trust until a specified date prior to the date on which  the  report
    25  is finalized. The trust shall consider all comments received during such
    26  period prior to finalizing the report required by this subdivision.
    27    §  647.  Jurisdiction  over  trust. 1. The trust shall not be deemed a
    28  "covered organization" as defined in the New York state financial  emer-
    29  gency act for the city of New York.
    30    2.  The department of investigation of the city shall be authorized to
    31  conduct investigations relating to the trust pursuant to  chapter  thir-
    32  ty-four of the New York city charter.
    33    3.  The  comptroller  of  the  city,  or his or her legally authorized
    34  representative, is hereby authorized and empowered from time to time  to
    35  examine  the  books  and  accounts  of the trust including its receipts,
    36  disbursements, contracts, reserve funds, sinking funds, investments, and
    37  any other matters relating to its financial standing.
    38    § 648. Effect of inconsistent provisions. Insofar as the provisions of
    39  this article are inconsistent with the  provisions  of  any  other  law,
    40  general,  special  or local or of the New York city charter or any local
    41  law, ordinance or resolution of the city, the provision of this  article
    42  shall  be  controlling,  provided that nothing contained in this section
    43  shall be held to supplement or otherwise expand the powers or duties  of
    44  the trust otherwise set forth in this article.
    45    §  649. Severability. If any provision of this article or its applica-
    46  tion to any person or circumstance is held unconstitutional or  invalid,
    47  in  whole  or in part, by any court, such holding of unconstitutionality
    48  or invalidity shall in no way affect or impair any  other  provision  of
    49  this  article  or  the  application  of  any such provision to any other
    50  person or circumstance, and to this end the provisions of  this  article
    51  are severable.
    52    § 2. Paragraph b of subdivision 3 of section 13-101 of the administra-
    53  tive  code of the city of New York, as amended by chapter 16 of the laws
    54  of 1997, is amended to read as follows:
    55    b. Service as a paid employee of the triborough bridge authority,  the
    56  Henry  Hudson  parkway  authority, the Marine parkway authority, the New

        A. 7805--D                         29

     1  York city tunnel authority, the New York city parkway authority, the New
     2  York city housing authority, the New York city public housing  preserva-
     3  tion  trust,  the  triborough  bridge and tunnel authority, the New York
     4  city  transit  authority,  the  New York city housing development corpo-
     5  ration, the New York city health and hospitals corporation, the New York
     6  city  off-track  betting  corporation,  the   New   York   city   school
     7  construction  authority,  the  New  York  city  municipal  water finance
     8  authority, the New York city water board, the transit construction fund,
     9  the New York city transitional finance  authority,  the  New  York  city
    10  sports authority and the New York city rehabilitation mortgage insurance
    11  corporation shall constitute city-service as herein defined.
    12    § 3. Paragraph 1 of subdivision c of section 13-133 of the administra-
    13  tive  code of the city of New York, subparagraph (C) as added by chapter
    14  738 of the laws of 1988, subparagraphs (D) and (E) as added  by  chapter
    15  609  of the laws of 1995, subparagraph (F) as added by chapter 16 of the
    16  laws of 1997, and subparagraph (G) as added by chapter 3 of the laws  of
    17  2013, is amended to read as follows:
    18    (1)  (A)  The comptroller shall make monthly payments, in twelve equal
    19  installments, with respect to obligations which the city incurs  to  pay
    20  sums to the retirement system.
    21    (B)  The  New  York  city  health and hospitals corporation shall make
    22  monthly payments, in twelve equal installments, with  respect  to  obli-
    23  gations which it incurs to pay sums to the retirement system.
    24    (C) The New York city school construction authority shall make monthly
    25  payments,  in  twelve  equal  installments,  with respect to obligations
    26  which it incurs to pay sums to the retirement system.
    27    (D) The New York city municipal water  finance  authority  shall  make
    28  monthly  payments,  in  twelve equal installments, with respect to obli-
    29  gations, if any, which it incurs to pay sums to the retirement system.
    30    (E) The New York city water board  shall  make  monthly  payments,  in
    31  twelve equal installments, with respect to obligations, if any, which it
    32  incurs to pay sums to the retirement system.
    33    (F) The New York city transitional finance authority shall make month-
    34  ly  payments,  in twelve equal installments, with respect to obligations
    35  which it incurs to pay sums to the retirement system.
    36    (G) The New York city public housing  preservation  trust  shall  make
    37  monthly  payments,  in  twelve equal installments, with respect to obli-
    38  gations which it incurs to pay sums to the retirement system.
    39    (H) Where a responsible obligor (as defined in paragraph ten of subdi-
    40  vision a of section 13-638.2 of this title) is required to make payments
    41  to the retirement system pursuant to applicable  provisions  of  law  in
    42  fiscal  year  two  thousand  twelve--two  thousand  thirteen, and in any
    43  fiscal year thereafter, and the provisions of this  subdivision  or  the
    44  provisions  of  any  other  applicable law do not otherwise specifically
    45  require such responsible obligor to make such payments by  a  particular
    46  date  or  dates  during such fiscal year, such responsible obligor shall
    47  make such payments either (i) in total on or  before  January  first  of
    48  such  fiscal  year,  or  (ii)  in  twelve equal monthly installments, as
    49  determined by the actuary, with each monthly installment to be  paid  on
    50  or before the last day of each month.
    51    §  4.  This  act  shall take effect on the sixtieth day after it shall
    52  have become a law. Provided that any public officer or employee, includ-
    53  ing but not limited to the mayor of the city of New York and  the  chief
    54  executive  officer of the New York city housing authority, is authorized
    55  to take any action that is necessary for the  timely  implementation  of
    56  this act prior to its effective date.
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