New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.180 - Executive Order No. 180: Declaring a Public Housing Disaster in the Counties of Bronx, Kings, New York, Queens, and Richmond

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the New York City Housing Authority (NYCHA) is the
					 largest public housing authority in the United States, managing 326 public
					 housing developments across New York City's five boroughs and housing over
					 400,000 residents;
WHEREAS, tenants, local and state legislators, and health
					 and safety experts, have raised grave concerns regarding the conditions in
					 NYCHA-managed residential properties, resulting from NYCHA's chronic,
					 widespread failure to adequately inspect and maintain residential units;
WHEREAS, as a result of such conditions, tenants have been
					 exposed to a variety of environmental and safety hazards, including, but not
					 limited to, lead-based paint, mold, and a persistent lack of heat and hot water
					 during winter months;
WHEREAS, previous government investigations and judicial
					 determinations have detailed a pattern of neglect and mismanagement of
					 NYCHA-managed residential properties, including failures to inspect for
					 lead-based paint, adequately remediate mold, and maintain and repair boilers to
					 provide reliable and consistent heat and hot water, that affect nearly all
					 residential properties managed by NYCHA;
WHEREAS, pursuant to Public Health Law Section 1301, I
					 directed the Commissioner of Health to make examinations concerning nuisances
					 or questions affecting the security of life and health in NYCHA-managed
					 residential properties as they relate to indicators of habitability, including
					 but not limited to lead-based paint, mold, heat and hot water, and to report on
					 the findings of those examinations;
WHEREAS, the Commissioner of Health has informed me that
					 the environmental health conditions in NYCHA apartments observed during his
					 examinations constitute a nuisance or condition affecting the security of life
					 and health of residents, and that based on other government investigations of
					 NYCHA-managed housing, documents disclosed in New York City Council committee
					 hearings and private litigation, and reports by elected officials,
					 non-governmental organizations and the press, it is apparent that the
					 conditions in NYCHA apartments observed during his examination may be
					 consistent with conditions in many other NYCHA-managed properties; and
WHEREAS, the NYCHA tenants have been forced to take legal
					 action to enforce their rights and to protect their families, and, as a result,
					 have filed litigation against NYCHA and the City of New York for completely
					 disregarding their legal rights as rent paying tenants, and, their health being
					 in peril, have requested that the State act to protect and safeguard their
					 families and afford the tenants the opportunity to participate in the
					 management of their housing.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, do hereby declare, pursuant to the authority
					 vested in me by the Public Health Law Section 1301, that conditions of
					 habitability at NYCHA-managed residential properties constitute a public
					 nuisance affecting the security of life and health in the city of New York and,
					 further, find that a disaster is imminent for which the affected local
					 government is unable to respond adequately. Therefore, as a result of the
					 foregoing, and pursuant to the authority vested in me by the Constitution of
					 the State of New York and Executive Law Section 28, I hereby declare a State
					 Disaster Emergency for NYCHA complexes effective April 2nd, 2018 within the
					 territorial boundaries of the counties Bronx, Kings, New York, Queens, and
					 Richmond and order the nuisance conditions located therein to be abated and
					 removed in accordance with this Order.
FURTHER, I, ANDREW M. CUOMO, Governor of the State of New
					 York, by virtue of the authority vested in me by Section 29-a of Article 2-B of
					 the Executive Law, and after having considered all of the relevant facts and
					 circumstances, do hereby temporarily suspend or modify, as the case may be, the
					 following laws, or parts thereof, as compliance with such provisions would
					 prevent, hinder, or delay action necessary to cope with the State disaster
					 emergency:
Section 112  of the State Finance Law, to the extent
					 consistent with Article V, Section
					 1 of the State Constitution, and to
					 the extent necessary to provide for additional work, sites, and time to State
					 contracts or award to emergency contracts;
Section 163  of the State Finance Law and Article 4-C of the
					 Economic Development Law, to the extent necessary to allow the purchase of
					 necessary commodities, services, technology, and materials without following
					 the standard notice and procurement processes.
Section 151 of the State Public Housing Law, to the extent
					 necessary to effectuate the purpose of this Order, and allow for the expedited
					 demolition, excavation, construction, alteration, or renovation of
					 NYCHA-managed residential properties or for the purchase of materials or
					 supplies related thereto without following the standard notice and procurement
					 processes.
IN ADDITION, I, ANDREW M. CUOMO, Governor of the State of
					 New York, by virtue of the authority vested in me by Section 402-d  of the
					 Public Housing Law, do hereby direct there to be established within the NYCHA
					 an Independent Emergency Manager in accordance with the terms and conditions
					 set forth below:
Section 1.
Purpose
. Chronic mismanagement at NYCHA has resulted in
				  conditions across its residential properties that pose a significant and
				  persistent risk of harm and constitute a public nuisance to New York residents
				  for which the local government has been unable or unwilling to respond
				  adequately. Accordingly, the provisions herein provide for the development of
				  an emergency plan for the effective deployment of up to $550 million in
				  emergency state resources, and, additionally any unspent and not contractually
				  obligated state appropriated funds for the repair, including construction and
				  reconstruction as required, of NYCHA-managed resident properties and any
				  unspent New York City funds or funds to be provided by New York City, which
				  shall be used exclusively for the immediate remediation of the nuisance
				  conditions to the maximum extent possible and the assessment of long-term
				  solutions to provide for the proper governance and management of public housing
				  in the City of New York.
Section 2.
Selection of an Independent Emergency Manager
. Within 60 days
				  of the effective date of this Order, the Mayor of the City of New York
				  ("Mayor"), the Speaker of the New York City Council ("City Council"), on behalf
				  of the Council, and the president of the NYCHA Citywide Council of Presidents
				  ("CCOP") or designee, collectively the "Selection Authorities," shall
				  unanimously select an Independent Emergency Manager ("Manager"). The Manager
				  shall have prior experience in the management of real estate developments,
				  construction and affordable housing. In the event the parties fail to make such
				  selection within 60 days, the Comptroller of the City of New York ("City
				  Comptroller") shall, within 14 days therefrom, consult with the Mayor, City
				  Council, and the President of the CCOP to make the selection.
Section 3.
Administration
.
				  The Manager shall be a wholly independent entity situated within NYCHA and
				  shall be afforded the personnel and resources necessary to effectuate the
				  purpose of this Order. The Manager shall work in cooperation with the Mayor,
				  the City Council and the NYCHA CCOP to assess the nuisance condition across the
				  relevant properties, prioritize the work necessary to abate and remediate such
				  conditions, and design an implementation plan accordingly. The Manager shall
				  submit a budget and resource request based on anticipated costs to the Mayor,
				  the City Comptroller and the City Council for review prior to start of the
				  abatement and removal of the nuisance conditions. Pursuant to Public Health Law
				  Section 1301, those costs incurred by the Manager which are necessary for the
				  abatement and removal of those conditions that constitute a public nuisance
				  shall be paid by the City of New York pursuant to law.
Section 4.
Authority
.
				  Notwithstanding any provisions to the contrary contained in any general,
				  special, or local law, the Manager is hereby authorized to exercise all of the
				  power provided to NYCHA under the Public Housing Law to the extent necessary to
				  effectuate the purpose of this Order and further the manager is not bound by
				  rules of procurement and contracting applicable to NYCHA and is granted
				  design/build authority.
Section 5.
Duties
. The Manager, in collaboration with State and local
				  agencies and authorities as may be appropriate, shall develop a comprehensive
				  emergency remediation plan, in accordance with Section 1 of this Order, based
				  on an assessment of the nuisance conditions, the availability of additional
				  resources beyond the State and City appropriation described herein, and other
				  factors necessary for the proper and efficient deployment of resources. The
				  manager may request additional City funds if needed. Thereafter, within 30 days
				  and upon consultation with the City Comptroller, the Manager shall select an
				  independent contractor through an open and public bidding process which shall
				  detail the scope of work and with the selection based upon the contractor's
				  experience and the estimated time and cost of repairs. The Manager may consult
				  NYCHA in the development of the procurement, but NYCHA shall have no role in
				  the selection. The contractor, to the extent possible, shall comply with
				  minority and women business enterprise ("MWBE") requirements under Article 15-A
				  of the state Executive Law and existing project labor agreements and include
				  employment opportunities for NYCHA tenants consistent with Section 3 of the
				  Housing & Urban Development Act of 1968. The Manager shall, in
				  collaboration with State and local agencies and authorities, the NYCHA CCOP,
				  the Mayor, the City Comptroller, and the City Council assess the progress of
				  the plan at regular intervals and provide for the timely and public reporting
				  thereof. Further, the Manager shall examine issues related to the governance,
				  management, and maintenance of NYCHA-managed properties that contribute to the
				  existence of the persistent conditions giving rise to the public nuisance and
				  make recommendations necessary to protect the health and safety of New York
				  residents living in such properties and the proper use of resources in
				  furtherance thereof.
IN ADDITION, I, ANDREW M. CUOMO, Governor of the State of
					 New York, by virtue of the authority vested in me by Section 1301 (a)  of the
					 Public Health Law, do hereby direct the Commissioner of Health to make
					 continued examinations of environmental health and safety hazards within
					 NYCHA-managed residential properties, as may be necessary to effectuate the
					 purpose of this Order, and report the results of such examinations to me and
					 the Independent Emergency Manager as directed. Pursuant to Public Health Law
					 Section 1301, those costs incurred by the Commissioner of Health which are
					 necessary for the examinations of environmental health and safety hazards
					 within NYCHA-managed residential properties that constitute a public nuisance
					 shall be paid by the City of New York pursuant to law.
FURTHER, I, ANDREW M. CUOMO, by virtue of the authority
					 vested in me by the Constitution and the Laws of the State of New York do
					 hereby order the City of New York, NYCHA and any other relevant agency or
					 employee of the City of New York to cooperate fully with the Selection
					 Authorities and Independent Emergency Manager as described in this Order,
					 including but not limited to the execution of contracts and other instruments
					 necessary to effectuate the purpose of this Order and the Commissioner of
					 Health in his continued examination of environmental health and safety hazards
					 within NYCHA-managed residential properties, including but not limited to
					 permitting and facilitating the Commissioner or his representatives'
					 examination and inspection of all NYCHA-managed property and any records
					 pertaining thereto.
Signed: Andrew M. Cuomo
Dated: April 2, 2018
Executive Order No. 180.1
Continuing the Temporary Suspension of Provisions
					 Relating to the Declaration of a Public Housing Disaster in the Counties of
					 Bronx, Kings, New York, Queens, and Richmond.
WHEREAS, on April 2, 2018, I issued Executive Order Number
					 180 declaring a disaster emergency within the territorial boundaries of the
					 counties of Bronx, Kings, New York, Queens, and Richmond after determining that
					 the environmental health conditions in residential properties managed by the
					 New York City Housing Authority (NYCHA) constitute a public nuisance or
					 condition affecting the security of life and health of tenants, and, pursuant
					 to Public Health Law Section 1301, ordered the nuisance conditions located
					 therein to be abated and removed and suspended statutory and regulatory
					 provisions to facilitate action necessary to cope with the State disaster
					 emergency;
WHEREAS, Section 29-a  of the Executive Law provides for the
					 temporary suspension of laws during a state disaster emergency for a period of
					 thirty days, if compliance with such provisions would prevent, hinder, or delay
					 action necessary to cope with the disaster and further provides that, upon
					 reconsideration of all of the relevant facts and circumstances, the suspension
					 may be extended for additional thirty-day periods;
WHEREAS, the conditions of habitability at NYCHA-managed
					 residential properties continue to constitute a public nuisance affecting the
					 security of life and health in the city of New York and, as a result, a
					 disaster remains imminent for which the affected local government is unable to
					 respond adequately;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York and Executive Law Section 28, hereby declare a continuing
					 State Disaster Emergency for NYCHA complexes within the territorial boundaries
					 of the counties of Bronx, Kings, New York, Queens, and Richmond and order the
					 nuisance conditions located therein to be abated and removed in accordance with
					 the terms and conditions of Executive Order 180.
FURTHER, I, ANDREW M. CUOMO, Governor of the State of New
					 York, by virtue of the authority vested in me by Section 29-a  of Article 2-B of
					 the Executive Law, and after having reconsidered all the relevant facts and
					 circumstances, do hereby find that the temporary suspension of laws is
					 necessary to cope with the continuing state disaster emergency declaration in
					 Executive Order 180 and order that the suspension of laws and regulations
					 ordered therein shall be continued through June 2, 2018.
Signed: Andrew M. Cuomo
Dated: May 2, 2018
Executive Order No. 180.2
Continuing the Temporary Suspension of Provisions
					 Relating to the Declaration of a Public Housing Disaster in the Counties of
					 Bronx, Kings, New York, Queens, and Richmond.
WHEREAS, on April 2, 2018, I issued Executive Order Number
					 180 declaring a disaster emergency within the territorial boundaries of the
					 counties of Bronx, Kings, New York, Queens, and Richmond after determining that
					 the environmental health conditions in residential properties managed by the
					 New York City Housing Authority (NYCHA) constitute a public nuisance or
					 condition affecting the security of life and health of tenants, and, pursuant
					 to Public Health Law Section 1301, ordered the nuisance conditions located
					 therein to be abated and removed and suspended statutory and regulatory
					 provisions to facilitate action necessary to cope with the State disaster
					 emergency;
WHEREAS, Section 29-a  of the Executive Law provides for the
					 temporary suspension of laws during a state disaster emergency for a period of
					 thirty days, if compliance with such provisions would prevent, hinder, or delay
					 action necessary to cope with the disaster and further provides that, upon
					 reconsideration of all of the relevant facts and circumstances, the suspension
					 may be extended for additional thirty-day periods;
WHEREAS, the conditions of habitability at NYCHA-managed
					 residential properties continue to constitute a public nuisance affecting the
					 security of life and health in the city of New York and, as a result, a
					 disaster remains imminent for which the affected local government is unable to
					 respond adequately;
WHEREAS, public reports indicate that a settlement between
					 the United States Attorney's Office for the Southern District of New York
					 ("SDNY") and the City of New York relating to the ongoing federal investigation
					 into the conditions at NYCHA may be imminently forthcoming and may involve
					 payment of significant funds by the City of New York for repairs at NYCHA
					 properties and the establishment of a court-appointed federal monitor;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York and Executive Law Section 28, hereby declare a continuing
					 State Disaster Emergency for NYCHA complexes within the territorial boundaries
					 of the counties of Bronx, Kings, New York, Queens, and Richmond and order the
					 nuisance conditions located therein to be abated and removed in accordance with
					 the terms and conditions of Executive Order 180.
FURTHER, in view of the information regarding a potential
					 agreement between the SDNY and the City of New York, my order and requirement,
					 embodied in Executive Order 180, dated April 2, 2018, is hereby amended to
					 include an additional Section 2-a to read as follows:
Section 2-a. Selection of an Independent
				  Emergency Manager. The requirement of the selection of an independent emergency
				  manager is hereby suspended for 7 days in anticipation of a resolution of the
				  ongoing federal investigation. If an agreement is reached, the State will
				  review it and act accordingly once we analyze and understand its contents. If
				  no agreement is reached, the State will issue a new Executive Order.
FURTHER, I, ANDREW M. CUOMO, Governor of the State of New
					 York, by virtue of the authority vested in me by Section 29-a of Article 2-B of
					 the Executive Law, and after having reconsidered all the relevant facts and
					 circumstances, do hereby find that the temporary suspension of laws is
					 necessary to cope with the continuing state disaster emergency declaration in
					 Executive Order 180 and order that the suspension of laws and regulations
					 ordered therein shall be continued through July 1, 2018.
Signed: Andrew M. Cuomo
Dated: June 1, 2018
Executive Order No. 180.3
Continuing the Temporary Suspension of Provisions
					 Relating to the Declaration of a Public Housing Disaster in the Counties of
					 Bronx, Kings, New York, Queens, and Richmond.
WHEREAS, on April 2, 2018, I issued Executive Order Number
					 180 declaring a disaster emergency within the territorial boundaries of the
					 counties of Bronx, Kings, New York, Queens, and Richmond after determining that
					 the environmental health conditions in residential properties managed by the
					 New York City Housing Authority (NYCHA) constitute a public nuisance or
					 condition affecting the security of life and health of tenants, and, pursuant
					 to Public Health Law Section 1301, ordered the nuisance conditions located
					 therein to be abated and removed and suspended statutory and regulatory
					 provisions to facilitate action necessary to cope with the State disaster
					 emergency;
WHEREAS, Section 29-a of the Executive Law provides for the
					 temporary suspension of laws during a state disaster emergency for a period of
					 thirty days, if compliance with such provisions would prevent, hinder, or delay
					 action necessary to cope with the disaster and further provides that, upon
					 reconsideration of all of the relevant facts and circumstances, the suspension
					 may be extended for additional thirty-day periods;
WHEREAS, the conditions of habitability at NYCHA-managed
					 residential properties continue to constitute a public nuisance affecting the
					 security of life and health in the city of New York and, as a result, a
					 disaster remains imminent for which the affected local government is unable to
					 respond adequately;
WHEREAS, on June 11, 2018 the United States Attorney for
					 the Southern District filed an 80-page complaint against NYCHA, represented by
					 the City of New York, detailing the effects a culture of mismanagement,
					 including, but not limited to, systemic lead paint violations, pervasive mold,
					 widespread lack of heat in winter, pest infestation, chronic elevator outages
					 in high-rise buildings, and a history of making false statements to cover up
					 noncompliance; and
WHEREAS, on the same day, the United States and NYCHA,
					 through the City of New York, executed a consent decree, effective for a
					 minimum of five years, which requires the City to provide over $2 billion to
					 remediate the environmental health conditions alleged in the complaint and the
					 establishment of a court-appointed monitor to oversee the implementation of the
					 terms of the consent decree.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York and Executive Law Section 28, hereby declare a continuing
					 State Disaster Emergency for NYCHA complexes within the territorial boundaries
					 of the counties of Bronx, Kings, New York, Queens, and Richmond and order the
					 nuisance conditions located therein to be abated and removed in accordance with
					 the terms and conditions of Executive Order 180.
FURTHER, in view of the information regarding the Consent
					 Decree requiring the appointment of a federal oversight monitor, my order and
					 requirement, embodied in Executive Order 180, dated April 2, 2018, as amended
					 by Executive Order 180.2, dated June 1, 2018, is hereby further amended to read
					 as follows:
Section 2-a.
				  Selection of an Independent Emergency Manager. The requirement of the selection
				  of an independent emergency manager is hereby suspended pending the appointment
				  of a federal monitor and approval of the monitor's plans for remediation.
FURTHER, I, ANDREW M. CUOMO, Governor of the State of New
					 York, by virtue of the authority vested in me by Section 29-a of Article 2-B of
					 the Executive Law, and after having reconsidered all the relevant facts and
					 circumstances, do hereby find that the temporary suspension of laws is
					 necessary to cope with the continuing state disaster emergency declaration in
					 Executive Order 180 and order that the suspension of laws and regulations
					 ordered therein shall be continued through July 29, 2018.
Signed: Andrew M. Cuomo
Dated: June 29, 2018