NY Pub Hsg L § 402 (2021)
2021 New York Laws PBG - Public Housing Article 13 - Municipal Housing Authorities, Created Title 1 - New York City Housing Authority 402 - Special Provisions With Respect to the New York City Housing Authority.

§  402.  Special  provisions with respect to the New York City Housing   Authority.  1.  It  is  hereby  found  and  declared,  as  a  result  of   investigation  and  study,  that enactment of the provisions hereinafter   set forth is necessary for reorganization of the authority to enable  it   to  (a)  institute  improved management procedures; (b) bring about more   efficient methods of maintenance and supervision of projects; (c) foster   prompt and sound solution of problems relating to occupancy of projects;   (d) undertake administration of personnel in consonance  with  the  size   and scope of the authority's functions. It is further found and declared   that  private  enterprise  should  be  encouraged to the greatest extent   possible to enter the field  of  housing  in  which  the  authority  now   operates so that the authority may be able to concentrate its activities   at the earliest possible moment on providing housing exclusively for the   lower income families.2.  Notwithstanding  any  provisions to the contrary contained in this   chapter, or any general, special or local law, the  provisions  of  this   section  shall  govern the number, appointment, removal and compensation   of the members of the New York City Housing Authority.3. The authority shall consist  of  seven  members  appointed  by  the   mayor,  one  of  whom  shall  be  designated  by  the  mayor as chairman   removable at his or her pleasure. The term  of  office  of  each  member   other  than  the  chairman shall be three years, provided, however, that   the initial appointments of the six  members  other  than  the  chairman   shall  be  as  follows:  two  shall be appointed for one-year terms, two   shall be appointed for two-year terms, and two shall  be  appointed  for   three-year  terms. The mayor shall file with the commissioner of housing   a certificate of appointment of the chairman and  of  each  member.  Any   member  other  than the chairman may be removed by the mayor upon filing   in the office of the commissioner of  citywide  administrative  services   and  serving upon the member the reasons therefor. Such document setting   forth the reasons shall be made available to the general  public,  which   shall  include  but  not be limited to publishing the reasons on the New   York city housing authority's website. Three of such members shall be  a   tenant  of  record  or  an authorized member of the tenant household, in   good standing, residing in one of the federal projects owned or operated   by the authority, provided, however, that for the  initial  appointments   of  the  three  such  members,  one shall be among the members initially   appointed for one-year terms, one shall be among the  members  initially   appointed  for  two-year  terms,  and  one  shall  be  among the members   initially appointed for three-year terms. A vacancy in the office  of  a   member other than the chairman occurring otherwise than by expiration of   term shall be filled for the unexpired term. Further, any vacancy in the   office  of a tenant member shall only be filled by the appointment of an   eligible tenant member, and such appointment shall be made within ninety   days of such vacancy.4. The chairman shall give his or her whole time to his or her  duties   and  shall not engage in any other occupation, profession or employment.   The chairman shall receive a salary the amount of which shall  be  fixed   by local law. The other members of the authority shall receive a stipend   in  the amount of two hundred fifty dollars for every four hours of work   performed for the authority, not to exceed  one  thousand  five  hundred   dollars per month.5.  Notwithstanding  any  provisions to the contrary contained in this   chapter, or any general, special or local law, the New York city housing   authority shall have the power in its discretion to provide and maintain   a housing police department and a uniformed housing police  force.  Such   department and force shall have the power and it shall be their duty, in   and  about  housing  facilities,  to  preserve the public peace, prevent    crime,  detect  and  arrest  offenders,   suppress   riots,   mobs   and   insurrections,   disperse   unlawful   or   dangerous   assemblages  and   assemblages which obstruct free passage; protect the rights  of  persons   and property; guard the public health; remove all nuisances; enforce and   prevent  violation of all laws and ordinances; and for these purposes to   arrest all persons guilty of violating any law or  ordinance  and  shall   provide   for   the  performance,  without  unnecessary  delay,  of  all   recording, fingerprinting, photographing and  other  preliminary  police   duties.  Appointments  to  such  housing  police  force shall be made in   accordance with applicable provisions of the civil service law and  only   persons  who have never been convicted of a felony, and who are citizens   of the United States shall be appointed housing patrol officers  on  the   housing  police  force.  Each  member  of  such  force shall be a police   officer as defined  by  paragraph  (e)  of  subdivision  thirty-four  of   section  1.20  of  the  criminal procedure law and, while on duty, shall   possess all the powers of a police officer of a city in the execution of   criminal process; and criminal process issued by any court or magistrate   of a city may be directed to and executed by a member of such force.The authority may appoint a chief and a deputy chief  of  the  housing   police  department  who,  in  the  discretion  of  the authority, may be   selected from the ranks of the housing police force, and  assign  powers   and  duties  to  them and fix their compensation. The chief shall be the   head of such department. During the absence or disability of the  chief,   the deputy chief shall possess all the powers and perform all the duties   of  the  chief.  The  housing  police  force  shall consist of captains,   lieutenants, sergeants and patrolmen. The  authority  shall  maintain  a   division  for  detective  purposes to be known as the detective division   and may, from time to time, detail to service in said division  as  many   members  of  the  force  as  it  may deem necessary, and may at any time   within three years of appointment revoke  any  such  detail  or  a  part   thereof.  If  the  authority,  in  its discretion, dissolves the housing   authority police department and the housing authority police force,  the   division  for  detective purposes shall also be dissolved. Any member of   the force while so detailed may be granted an increase in  salary  above   the  grade  established  for  his rank in the uniformed force, but shall   retain his rank in the force and shall be  eligible  for  promotion  the   same  as if serving in the uniformed force, and the time during which he   serves in such division shall count for all purposes as if served in his   rank or grade in the uniformed force.5-a. Receipt of line of duty pay. a. A member of  the  New  York  city   housing authority police force in the rank of police officer, other than   an officer who is detailed or designated as a detective or who holds the   position of sergeant or any position of higher rank in such force, shall   be  entitled  pursuant  to this section to the full amount of his or her   regular salary for the period of any incapacity due to illness or injury   incurred in the performance and discharge of duty as a  police  officer,   as determined by the authority.b. A member of the New York city housing authority police force who is   detailed  or  designated  as  a  detective  or who holds the position of   sergeant or any position of higher rank in such force shall be  entitled   pursuant to this section to the full amount of his or her regular salary   for  the  period  of any incapacity due to illness or injury incurred in   the performance and discharge of duty as  a  member  of  the  force,  as   determined  by  the  authority,  only  in  the  event  that a collective   bargaining agreement granting such entitlement pursuant to this  section   has  been  entered  into  by  the  authority  and the certified employee   organization representing such member. The first entitlement of any such   member of the New York city housing authority police force to  the  full    amount  of  regular salary under this section shall commence on the date   of execution of the collective bargaining agreement providing  for  such   entitlement with respect to such member.c.  Nothing  in  this section shall be construed to affect the rights,   powers and duties of the authority pursuant to any  other  provision  of   law,  including,  but  not  limited to, the right to discipline a police   officer by termination, reduction of salary, or  any  other  appropriate   measure;  the  power to terminate an appointee who has not completed his   or her probationary term;  and  the  power  to  apply  for  ordinary  or   accident disability retirement for a police officer.d.  Nothing  in  this section shall be construed to require payment of   salary to a member of the New York city housing authority  police  force   who  has been terminated, retired, suspended or otherwise separated from   service by reason of death, retirement or any other cause.e. A decision as to eligibility for benefits pursuant to this  section   shall  not  be  binding on the medical board or the board of trustees of   any pension fund in the determination of  eligibility  for  an  accident   disability or accidental death benefit.f.  As  used  in  this  section  the  term "incapacity" shall mean the   inability to perform full, limited, or restricted duty.6. In addition to all other powers granted by this  chapter,  the  New   York  city  housing  authority shall have the power to act as and be and   become a "developer", as that term is defined  in  subdivision  nine  of   section  four  hundred  fifty-two  of  the  education law, of a combined   occupancy structure, as defined in  subdivision  five  of  section  four   hundred  fifty-two  of such law, which consists of a project, as defined   in this chapter, as well as of school accommodations or other facilities   of the board of education of the city of New York, and to be and  become   an  "owner", as that term is defined in subdivision fifteen-a of section   four hundred fifty-two of the education law, of the non-school  portion,   consisting  of  a  project  as defined in this chapter, of such combined   occupancy structure; and to do all things  necessary  or  convenient  to   carry  out  such  powers,  including  (a)  construction of such combined   occupancy structure as a developer pursuant to the  provisions  of  this   chapter and article ten of the education law, and conveyance or lease of   the  school  portion  thereof,  and (b) as an owner, making and entering   into contracts for acquisition, lease, sublease or other agreements  for   or  with  respect  to the non-school portion, consisting of a project as   defined in this chapter, pursuant to the provisions of  article  ten  of   the  education  law, and acquiring the same by transfer or conveyance to   it of the fee title, or of possession  under  such  lease,  sublease  or   other agreement.6-a.  a.  The New York city housing authority shall include with every   lease or renewal lease offered to a prospective  or  current  tenant,  a   separate,  clear  and  conspicuous  notice,  in  at  least sixteen-point   boldface type, concerning the tenant's ability to add  additional  legal   occupants to the lease agreement.b.  Upon receipt of a tenant's request for a form to add an additional   legal occupant to his or  her  lease  agreement,  the  authority  shall,   within  seven  days, provide the tenant with clear information regarding   how to apply in person or online, along  with  a  notice  informing  the   tenant  of  the  right  to grieve the denial of any occupancy permission   request. Any form required by the authority to  request  such  occupancy   permission  shall be made available for review and submission in person,   on  the  authority's  website,  and  through  the   authority's   mobile   application.c.  Upon  receipt  of  a  tenant's  request to add an additional legal   occupant to his or her lease agreement, the authority shall provide  the    tenant,  in  writing,  with  confirmation of receipt of the application,   information regarding how the tenant may inquire as  to  the  status  of   such  request, and the expected date of the authority's response to such   request.7.  The  authority shall have the power, which shall be in addition to   its other powers under this chapter,  to  adopt  rules  and  regulations   relating  to the parking, stopping or standing of a motor vehicle within   the interior paths, roads, or grounds of its public housing projects.  A   violation  of  such  rules  and  regulations shall constitute a "traffic   infraction" as  defined  in  the  vehicle  and  traffic  law,  and  such   violation  shall  be  heard  and  tried by the parking violations bureau   established and created under and pursuant to title A of  chapter  forty   of  the administrative code of the city of New York, as added by chapter   one thousand seventy-five of the laws of  nineteen  hundred  sixty-nine.   Such  rules  and  regulations  shall  not  be  effective  until filed as   required by section fifty-four of this chapter and, in  addition,  until   filed  with  the clerk of the municipality in which the principal office   of the authority is located. The authority shall post appropriate  signs   in  specific  locations within a project as to the rules and regulations   governing the parking, stopping or standing of motor  vehicles  at  such   locations.8.  All  provisions  of  this  chapter applicable to the New York City   Housing Authority and not  inconsistent  with  the  provisions  of  this   section shall continue to apply to such authority.9.  The  chairman  shall ensure that at every meeting of the authority   the public shall be allotted a period of  time,  not  less  than  thirty   minutes, to speak on any topic on the agenda.10.  Notwithstanding  any other provision of law to the contrary, upon   the vacancy of a dwelling unit in any project operated by the authority,   such vacant dwelling unit on a lower floor shall first be made available   for occupancy to a current New York city  housing  authority  household,   containing  an  authorized member of the household with a disability, as   defined by subdivision twenty-one of section two hundred  ninety-two  of   the  executive  law,  that  affects  mobility  and  based  on either the   tenant's preference to move  to  a  first-or-second-floor  unit  and  to   remain  within  their project or to transfer elsewhere, and based on the   tenant's position on  the  authority's  transfer  waiting  list;  or  to   provide  reasonable  accommodation  to  a  current New York city housing   authority household, containing an authorized member  of  the  household   with  a  disability, as defined by subdivision twenty-one of section two   hundred ninety-two of  the  executive  law,  that  affects  mobility  to   transfer  to  a  lower  floor  within  their project or to a lower floor   elsewhere, if the request is supported  by  medical  documentation,  and   based on the tenant's position on the authority's transfer waiting list.   The  New  York  city  housing  authority  may  give higher preference to   individuals requiring an emergency transfer  because  their  units  have   become uninhabitable.