N.Y. Public Housing Law § 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.

11. Except where such exclusion is required pursuant to any federal

law or rule or regulation, no person shall be denied occupancy in a

dwelling in any project or be subjected to eviction from any such

dwelling on the sole ground that such person is a formerly incarcerated

individual.