{"data":{"id":"us-nyc/n.y.c.-charter-3501","jurisdiction":"us-nyc","citation":"N.Y.C. Charter § 3501","heading":"Section 3501. Definitions.","body":"As used in this chapter, the following terms shall have the following meanings:\n\nAbsorption hire. The term \"absorption hire\" means an individual who fills a building service opportunity and who:\n\n(1) was employed to perform building service work within the preceding six months at the same facility to which such individual is assigned; or\n\n(2) fills such building service opportunity as a result of a reassignment by a contractor or subcontractor, as applicable, due to a displacement caused by the closure of another facility, a staffing reduction at another facility, or any other similar event.\n\nApprentice. The term \"apprentice\" means an individual who is receiving training and performing labor pursuant to an apprenticeship agreement.\n\nApprenticeship agreement. The term \"apprenticeship agreement\" means an agreement, as such term is defined by section eight hundred sixteen of the labor law, that has been registered with, and approved by, the commissioner of labor of the state of New York pursuant to article twenty-three of the labor law.\n\nBuilding service opportunity. The term \"building service opportunity\" means an employment opportunity to perform building service work.\n\nBuilding service opportunity labor hour. The term \"building service opportunity labor hour\" means a labor hour performed by an individual employed to fill a building service opportunity.\n\nBuilding service work. The term \"building service work\" means the classifications of labor that the applicable fiscal officer has identified as consistent with section two hundred thirty of the labor law, regardless of whether such labor constitutes building service work for which workers are entitled to prevailing wage pursuant to article nine of the labor law.\n\nCity-affiliated not-for-profit corporation. The term \"city-affiliated not-for-profit corporation\" means a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the mayor.\n\nConstruction work. The term \"construction work\" means:\n\n(1) any labor of a type that the applicable fiscal officer, as defined in paragraph e of subdivision five of section two hundred twenty of the labor law, has identified in a published schedule as a classification of work performed by laborers, workers or mechanics, regardless of whether such labor constitutes public work pursuant to such section; and\n\n(2) any additional types of labor identified by the director by rule, provided that such labor shall not include building service work.\n\nContractor. The term \"contractor\" means an individual, company, corporation, partnership, or other entity that has entered into a transaction with the city, including but not limited to vendors providing human services, standard services, professional services, construction-related services, and construction, as such terms are defined by rules of the procurement policy board, to the city, except that the term \"contractor\" does not include:\n\n(1) any governmental entity; or\n\n(2) any labor organization.\n\nDirector. The term \"director\" means the director of the office of community hiring and workforce development or his or her designee.\n\nEconomically disadvantaged candidate. The term \"economically disadvantaged candidate\" means an individual:\n\n(1) whose income or household income falls below an applicable quantitative threshold determined by the director, provided that such income shall not include any types of public benefits provided by the federal government or a state or local government and identified by the director; and\n\n(2) who is certified as meeting all applicable requirements.\n\nEconomically disadvantaged region. The term \"economically disadvantaged region\" means an area, represented by its five-digit ZIP code, in which at least fifteen percent of residents have household incomes below the federal poverty threshold.\n\nEconomically disadvantaged region candidate. The term \"economically disadvantaged region candidate\" means an individual who is certified as meeting all applicable requirements and who is a:\n\n(1) resident of an address within an economically disadvantaged region;\n\n(2) resident of a building that is:\n\n(i) owned or operated by the New York city housing authority; and\n\n(ii) subject to section nine of the United States Housing Act of nineteen hundred thirty-seven, as amended; or\n\n(3) resident of a dwelling unit that is:\n\n(i) subject to a regulatory agreement with a federal, state or local government agency requiring that occupancy of such unit be restricted based on the income of the occupants; and\n\n(ii) located in a building that was previously operated by the New York city housing authority, was previously subject to section nine of the United States Housing Act of nineteen hundred thirty-seven, as amended, and is subject to section eight of such act.\n\nEmployment opportunity. The term \"employment opportunity\" means a vacancy in a position to perform services under a transaction.\n\nExempt transaction. The term \"exempt transaction\" includes any:\n\n(1) contract procured pursuant to section one hundred sixty-two of the state finance law;\n\n(2) contract for the performance of services by a city-affiliated not-for-profit corporation;\n\n(3) contract the principal purpose of which is the supply of goods, except that the term \"exempt transaction\" shall not include any transaction the principal purpose of which is delivery services;\n\n(4) contract in an amount below the small purchase threshold set pursuant to the authority and procedure set forth in subdivision a of section three hundred fourteen of this charter;\n\n(5) contract for confidential or investigative services or any other type of contract excluded by a rule adopted by the director based on a determination that the application of goals under this program would substantially undermine the primary objective of that type of contract;\n\n(6) contract subject to federal or state funding requirements that preclude or substantially conflict with the application of goals under this program;\n\n(7) contract for emergency demolition services procured by the department of housing preservation and development pursuant to the procedure set forth in section three hundred fifteen of this charter; or\n\n(8) contract for which contractor selection is made by an elected official other than the mayor or an agency other than a mayoral agency, except as otherwise provided by rule by the director.\n\nLabor organization. The term \"labor organization\" has the meaning provided in section one hundred fifty-two of title twenty-nine of the United States code, or any successor provision.\n\nMayoral agency. The term \"mayoral agency\" includes:\n\n(1) any agency the head of which is appointed by the mayor;\n\n(2) any agency headed by a board, commission, or other multi-member body, the majority of the membership of which is appointed by the mayor; and\n\n(3) the office of the mayor.\n\nProject labor agreement. The term \"project labor agreement\" means a pre-hire collective bargaining agreement entered into between the city and a bona fide building and construction trade labor organization establishing the labor organization or its affiliates as the collective bargaining representative for all persons who will perform construction work on a transaction, provided such agreement:\n\n(1) provides that only contractors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform such work on such transaction; and\n\n(2) includes goals for the employment of qualified economically disadvantaged region candidates to perform such work.\n\nReferral source. The term \"referral source\" means an individual, company, corporation, partnership, agency, union referral system, or other entity selected pursuant to paragraph three of subdivision a of section thirty-five hundred two of this chapter to make referrals of candidates to contractors, prospective contractors, subcontractors, and prospective subcontractors for the purposes of meeting the applicable employment goals set forth in such section; provided that any union referral system shall be deemed an approved referral source for the purposes of paragraph three of subdivision a of section thirty-five hundred two of this chapter.\n\nSubcontractor. The term \"subcontractor\" means an individual, company, corporation, partnership or other entity that has entered into an agreement with a contractor or another subcontractor in order to perform services or any other obligation under a transaction, provided that such agreement involves the performance of construction work of any value, or the total dollar value of such agreement exceeds twenty thousand dollars, and further provided that the term \"subcontractor\" does not include:\n\n(1) employees;\n\n(2) governmental entities; or\n\n(3) labor organizations.\n\nTransaction. The term \"transaction\" means a procurement contract, except that the term \"transaction\" shall not include any exempt transaction.\n\nUnion referral system. The term \"union referral system\" means a labor organization that has an affiliated registered apprentice program with direct entry access from one or more pre-apprentice programs that are compliant with United States department of labor and New York state department of labor regulations, as well as any labor organization with an affiliated community recruitment program.\n\n(2023 N.Y. Laws Ch. 669, 11/17/2023, eff. 5/15/2024)","path":["New York City Charter","Chapter 79: Community Hiring and Workforce Development"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Charter/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:59Z","sha256":"271e2af9cda80562a379e5782c34be5fec7059194f03e9508804937e6abb6e7a","source_id":"us-nyc","stale":true,"prev":"us-nyc/n.y.c.-charter-3405","next":"us-nyc/n.y.c.-charter-3502"},"notice":"GroundRules: Original legal text. Not legal advice."}