S123-2013 Actions

• Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S123-2013 Memo

BILL NUMBER:S123

TITLE OF BILL:
An act
to amend the public housing law, in relation to the membership of the
New York City Housing Authority

PURPOSE:
Increases the membership of the New York City Housing Authority and
alters the term limits and removal procedures governing such members
to provide greater accountability.

SUMMARY OF PROVISIONS:
Section 1. Amends the public housing law to alter the membership of the
New York Housing Authority by adding three new members one of whom
shall be a resident of NYCHA housing, and amending the member removal
procedure so that resident members shall serve fixed three year terms
and all non-resident member shall be removable at the pleasure of the
Mayor of New York City.

Section 2. Establishes the effective date.

JUSTIFICATION:
A recent series of events make it clear that the leadership of the New
York City Housing Authority is operating in a manner where
accountability and transparency are non-existent and secrecy and
mismanagement are the norm. In 2011, the NYCHA Improving Customer
Experience (NICE) program, and the $36 million Seibel computer system
at the program's heart, led to a situation where the administration
of the Section 8 housing program essentially ceased to function.
There were widespread reports of missed payments, unexplained and
unappealable inspection failures, mislaid and unprocessed documents,
wrongful evictions, and a basic failure of communication. Although
the mismanagement of the NICE system led to a series of highly
critical news stories, a comprehensive negative report from the
office of the Public Advocate and at least two class action lawsuits,
NYCHA's leadership has never publicly acknowledged the problems, let
alone addressed what is being done to fix them.

In the wake of NICE's failure, NYCHA has compounded the lack of trust
in its administration by refusing to release the contents of a $10
million outside report on its programs and management paid for by
taxpayer dollars. Shortly after a news story on its refusal to
disclose the report, it came to light that NYCHA failed to install
any of the $42 million worth of publicly funded surveillance cameras
that were intended to protect its residents. These failures, as well
as many other less publicized mistakes, and the complete lack of
transparency or accountability in their aftermath unequivocally
demonstrate the need for a systemic change in the way NYCHA is run.
This bill will restructure the membership of NYCHA's board to provide
new perspectives by
adding three new members and foster accountability by making
non-resident board members removable at the pleasure of the Mayor.
While this legislation will not cure all of NYCHA's problems, it is a
critical step towards increased transparency, responsibility and a


new direction for a troubled institution that is vitally important to
the City of New York.

LEGISLATIVE HISTORY:
2011-12: S.7841

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the
date on which it shall have become a law.

S123-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          123
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction  and
 Community Development
 

AN ACT to amend the public housing law, in relation to the membership of
 the New York City Housing Authority
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section 402 of the public housing law,  as
 amended  by  chapter  531  of  the  laws  of 2010, is amended to read as
 follows:

 3. [On and after May first, nineteen  hundred  fifty-eight,  the]  THE
 authority  shall consist of [three] FIVE members appointed by the mayor,
 [one of whom] WHO SHALL SERVE AT HIS OR HER PLEASURE.  ONE  SUCH  MEMBER
 shall  be  designated  by  the mayor as chairman removable at his OR HER
 pleasure. [The members other than the chairman first appointed for terms
 commencing  on  May  first,  nineteen  hundred  fifty-eight,  shall   be
 appointed  for  terms  of three and five years, respectively. Thereafter
 the term of office of each member other than the chairman shall be  five
 years.]  The mayor shall file with the commissioner of housing a certif
 icate of appointment of the chairman and of  each  member.  [Any  member
 other  than  the  chairman may be removed by the mayor for cause after a
 public hearing. On and after July first in the year next succeeding  the
 year  in which this sentence shall take effect, the] THE authority shall
 consist of [one] TWO additional [member] MEMBERS who shall be  appointed
 by  the  mayor [and shall be removable at his or her pleasure] FOR TERMS
 OF THREE YEARS; PROVIDED, HOWEVER, THAT  OF  THE  TENANT  MEMBERS  FIRST
 APPOINTED  TO A TERM OF OFFICE, ONE MEMBER SHALL BE APPOINTED FOR A TERM
 OF TWO YEARS AND THE OTHER MEMBER SHALL BE APPOINTED FOR A TERM OF THREE
 YEARS. Such additional [member] MEMBERS must be eighteen years of age or
 older and be the tenant of record or an authorized member of the  tenant
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00310-01-3
 
       S. 123                              2
 household,  in good standing, residing in one of the three hundred thir
 ty-five federal projects owned or operated by the authority.  A  vacancy
 in  the  office  of a [member other than the chairman or the additional]
 tenant  member  occurring  otherwise than by expiration of term shall be
 filled for the unexpired term; provided, however, that a vacancy in  the
 seat  held  by  [the  additional] A tenant member shall be filled by the
 mayor within thirty days of such vacancy.
 

S 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.

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