§ 402. Special provisions with respect to the New York City Housing\nAuthority. 1. It is hereby found and declared, as a result of\ninvestigation and study, that enactment of the provisions hereinafter\nset forth is necessary for reorganization of the authority to enable it\nto (a) institute improved management procedures; (b) bring about more\nefficient methods of maintenance and supervision of projects; (c) foster\nprompt and sound solution of problems relating to occupancy of projects;\n(d) undertake administration of personnel in consonance with the size\nand scope of the authority's functions. It is further found and declared\nthat private enterprise should be encouraged to the greatest extent\npossible to enter the field of housing in which the authority now\noperates so that the authority may be able to concentrate its activities\nat the earliest possible moment on providing housing exclusively for the\nlower income families.\n 2. Notwithstanding any provisions to the contrary contained in this\nchapter, or any general, special or local law, the provisions of this\nsection shall govern the number, appointment, removal and compensation\nof the members of the New York City Housing Authority.\n 3. The authority shall consist of seven members appointed by the\nmayor, one of whom shall be designated by the mayor as chairman\nremovable at his or her pleasure. The term of office of each member\nother than the chairman shall be three years, provided, however, that\nthe initial appointments of the six members other than the chairman\nshall be as follows: two shall be appointed for one-year terms, two\nshall be appointed for two-year terms, and two shall be appointed for\nthree-year terms. The mayor shall file with the commissioner of housing\na certificate of appointment of the chairman and of each member. Any\nmember other than the chairman may be removed by the mayor upon filing\nin the office of the commissioner of citywide administrative services\nand serving upon the member the reasons therefor. Such document setting\nforth the reasons shall be made available to the general public, which\nshall include but not be limited to publishing the reasons on the New\nYork city housing authority's website. Three of such members shall be a\ntenant of record or an authorized member of the tenant household, in\ngood standing, residing in one of the federal projects owned or operated\nby the authority, provided, however, that for the initial appointments\nof the three such members, one shall be among the members initially\nappointed for one-year terms, one shall be among the members initially\nappointed for two-year terms, and one shall be among the members\ninitially appointed for three-year terms. A vacancy in the office of a\nmember other than the chairman occurring otherwise than by expiration of\nterm shall be filled for the unexpired term. Further, any vacancy in the\noffice of a tenant member shall only be filled by the appointment of an\neligible tenant member, and such appointment shall be made within ninety\ndays of such vacancy.\n 4. The chairman shall give his or her whole time to his or her duties\nand shall not engage in any other occupation, profession or employment.\nThe chairman shall receive a salary the amount of which shall be fixed\nby local law. The other members of the authority shall receive a stipend\nin the amount of two hundred fifty dollars for every four hours of work\nperformed for the authority, not to exceed one thousand five hundred\ndollars per month.\n 5. Notwithstanding any provisions to the contrary contained in this\nchapter, or any general, special or local law, the New York city housing\nauthority shall have the power in its discretion to provide and maintain\na housing police department and a uniformed housing police force. Such\ndepartment and force shall have the power and it shall be their duty, in\nand about housing facilities, to preserve the public peace, prevent\ncrime, detect and arrest offenders, suppress riots, mobs and\ninsurrections, disperse unlawful or dangerous assemblages and\nassemblages which obstruct free passage; protect the rights of persons\nand property; guard the public health; remove all nuisances; enforce and\nprevent violation of all laws and ordinances; and for these purposes to\narrest all persons guilty of violating any law or ordinance and shall\nprovide for the performance, without unnecessary delay, of all\nrecording, fingerprinting, photographing and other preliminary police\nduties. Appointments to such housing police force shall be made in\naccordance with applicable provisions of the civil service law and only\npersons who have never been convicted of a felony, and who are citizens\nof the United States shall be appointed housing patrol officers on the\nhousing police force. Each member of such force shall be a police\nofficer as defined by paragraph (e) of subdivision thirty-four of\nsection 1.20 of the criminal procedure law and, while on duty, shall\npossess all the powers of a police officer of a city in the execution of\ncriminal process; and criminal process issued by any court or magistrate\nof a city may be directed to and executed by a member of such force.\n The authority may appoint a chief and a deputy chief of the housing\npolice department who, in the discretion of the authority, may be\nselected from the ranks of the housing police force, and assign powers\nand duties to them and fix their compensation. The chief shall be the\nhead of such department. During the absence or disability of the chief,\nthe deputy chief shall possess all the powers and perform all the duties\nof the chief. The housing police force shall consist of captains,\nlieutenants, sergeants and patrolmen. The authority shall maintain a\ndivision for detective purposes to be known as the detective division\nand may, from time to time, detail to service in said division as many\nmembers of the force as it may deem necessary, and may at any time\nwithin three years of appointment revoke any such detail or a part\nthereof. If the authority, in its discretion, dissolves the housing\nauthority police department and the housing authority police force, the\ndivision for detective purposes shall also be dissolved. Any member of\nthe force while so detailed may be granted an increase in salary above\nthe grade established for his rank in the uniformed force, but shall\nretain his rank in the force and shall be eligible for promotion the\nsame as if serving in the uniformed force, and the time during which he\nserves in such division shall count for all purposes as if served in his\nrank or grade in the uniformed force.\n 5-a. Receipt of line of duty pay. a. A member of the New York city\nhousing authority police force in the rank of police officer, other than\nan officer who is detailed or designated as a detective or who holds the\nposition of sergeant or any position of higher rank in such force, shall\nbe entitled pursuant to this section to the full amount of his or her\nregular salary for the period of any incapacity due to illness or injury\nincurred in the performance and discharge of duty as a police officer,\nas determined by the authority.\n b. A member of the New York city housing authority police force who is\ndetailed or designated as a detective or who holds the position of\nsergeant or any position of higher rank in such force shall be entitled\npursuant to this section to the full amount of his or her regular salary\nfor the period of any incapacity due to illness or injury incurred in\nthe performance and discharge of duty as a member of the force, as\ndetermined by the authority, only in the event that a collective\nbargaining agreement granting such entitlement pursuant to this section\nhas been entered into by the authority and the certified employee\norganization representing such member. The first entitlement of any such\nmember of the New York city housing authority police force to the full\namount of regular salary under this section shall commence on the date\nof execution of the collective bargaining agreement providing for such\nentitlement with respect to such member.\n c. Nothing in this section shall be construed to affect the rights,\npowers and duties of the authority pursuant to any other provision of\nlaw, including, but not limited to, the right to discipline a police\nofficer by termination, reduction of salary, or any other appropriate\nmeasure; the power to terminate an appointee who has not completed his\nor her probationary term; and the power to apply for ordinary or\naccident disability retirement for a police officer.\n d. Nothing in this section shall be construed to require payment of\nsalary to a member of the New York city housing authority police force\nwho has been terminated, retired, suspended or otherwise separated from\nservice by reason of death, retirement or any other cause.\n e. A decision as to eligibility for benefits pursuant to this section\nshall not be binding on the medical board or the board of trustees of\nany pension fund in the determination of eligibility for an accident\ndisability or accidental death benefit.\n f. As used in this section the term "incapacity" shall mean the\ninability to perform full, limited, or restricted duty.\n 6. In addition to all other powers granted by this chapter, the New\nYork city housing authority shall have the power to act as and be and\nbecome a "developer", as that term is defined in subdivision nine of\nsection four hundred fifty-two of the education law, of a combined\noccupancy structure, as defined in subdivision five of section four\nhundred fifty-two of such law, which consists of a project, as defined\nin this chapter, as well as of school accommodations or other facilities\nof the board of education of the city of New York, and to be and become\nan "owner", as that term is defined in subdivision fifteen-a of section\nfour hundred fifty-two of the education law, of the non-school portion,\nconsisting of a project as defined in this chapter, of such combined\noccupancy structure; and to do all things necessary or convenient to\ncarry out such powers, including (a) construction of such combined\noccupancy structure as a developer pursuant to the provisions of this\nchapter and article ten of the education law, and conveyance or lease of\nthe school portion thereof, and (b) as an owner, making and entering\ninto contracts for acquisition, lease, sublease or other agreements for\nor with respect to the non-school portion, consisting of a project as\ndefined in this chapter, pursuant to the provisions of article ten of\nthe education law, and acquiring the same by transfer or conveyance to\nit of the fee title, or of possession under such lease, sublease or\nother agreement.\n 6-a. a. The New York city housing authority shall include with every\nlease or renewal lease offered to a prospective or current tenant, a\nseparate, clear and conspicuous notice, in at least sixteen-point\nboldface type, concerning the tenant's ability to add additional legal\noccupants to the lease agreement.\n b. Upon receipt of a tenant's request for a form to add an additional\nlegal occupant to his or her lease agreement, the authority shall,\nwithin seven days, provide the tenant with clear information regarding\nhow to apply in person or online, along with a notice informing the\ntenant of the right to grieve the denial of any occupancy permission\nrequest. Any form required by the authority to request such occupancy\npermission shall be made available for review and submission in person,\non the authority's website, and through the authority's mobile\napplication.\n c. Upon receipt of a tenant's request to add an additional legal\noccupant to his or her lease agreement, the authority shall provide the\ntenant, in writing, with confirmation of receipt of the application,\ninformation regarding how the tenant may inquire as to the status of\nsuch request, and the expected date of the authority's response to such\nrequest.\n 7. The authority shall have the power, which shall be in addition to\nits other powers under this chapter, to adopt rules and regulations\nrelating to the parking, stopping or standing of a motor vehicle within\nthe interior paths, roads, or grounds of its public housing projects. A\nviolation of such rules and regulations shall constitute a "traffic\ninfraction" as defined in the vehicle and traffic law, and such\nviolation shall be heard and tried by the parking violations bureau\nestablished and created under and pursuant to title A of chapter forty\nof the administrative code of the city of New York, as added by chapter\none thousand seventy-five of the laws of nineteen hundred sixty-nine.\nSuch rules and regulations shall not be effective until filed as\nrequired by section fifty-four of this chapter and, in addition, until\nfiled with the clerk of the municipality in which the principal office\nof the authority is located. The authority shall post appropriate signs\nin specific locations within a project as to the rules and regulations\ngoverning the parking, stopping or standing of motor vehicles at such\nlocations.\n 8. All provisions of this chapter applicable to the New York City\nHousing Authority and not inconsistent with the provisions of this\nsection shall continue to apply to such authority.\n 9. The chairman shall ensure that at every meeting of the authority\nthe public shall be allotted a period of time, not less than thirty\nminutes, to speak on any topic on the agenda.\n 10. Notwithstanding any other provision of law to the contrary, upon\nthe vacancy of a dwelling unit in any project operated by the authority,\nsuch vacant dwelling unit on a lower floor shall first be made available\nfor occupancy to a current New York city housing authority household,\ncontaining an authorized member of the household with a disability, as\ndefined by subdivision twenty-one of section two hundred ninety-two of\nthe executive law, that affects mobility and based on either the\ntenant's preference to move to a first-or-second-floor unit and to\nremain within their project or to transfer elsewhere, and based on the\ntenant's position on the authority's transfer waiting list; or to\nprovide reasonable accommodation to a current New York city housing\nauthority household, containing an authorized member of the household\nwith a disability, as defined by subdivision twenty-one of section two\nhundred ninety-two of the executive law, that affects mobility to\ntransfer to a lower floor within their project or to a lower floor\nelsewhere, if the request is supported by medical documentation, and\nbased on the tenant's position on the authority's transfer waiting list.\nThe New York city housing authority may give higher preference to\nindividuals requiring an emergency transfer because their units have\nbecome uninhabitable.\n 11. Except where such exclusion is required pursuant to any federal\nlaw or rule or regulation, no person shall be denied occupancy in a\ndwelling in any project or be subjected to eviction from any such\ndwelling on the sole ground that such person is a formerly incarcerated\nindividual.\n