Alphonso David, Counsel to the Governor, today issued the following letter:
Corey Johnson
New York City Council
224 West 30th St, Suite 1206
New York, NY 10001
First Deputy Mayor Dean Fuleihan
City Hall
New York, NY 10007
Resident Counsel Jim Walden
Walden, Macht, and Haran LLP
One Broadway, 6th Floor
New York, NY 10004
Corey Johnson
New York City Council
224 West 30th St, Suite 1206
New York, NY 10001
First Deputy Mayor Dean Fuleihan
City Hall
New York, NY 10007
Resident Counsel Jim Walden
Walden, Macht, and Haran LLP
One Broadway, 6th Floor
New York, NY 10004
Dear Gentlemen,
As we all know, the conditions affecting the tenants of the New York City Housing Authority (NYCHA) are untenable. The lack of heat and hot water, the presence of mold, and the uncertainty concerning lead-based paint in NYCHA units present serious health and safety hazards.
The Governor has publically stated that the State stands ready to be of assistance but wants to ensure an effective approach is undertaken that actually addresses the essential problems and produces results. The half measures undertaken in the past have obviously not resolved the issues, and the Governor finds the current plight faced by NYCHA residents intolerable.
We have been discussing a multi-dimensional effort that can significantly accelerate the necessary repairs that need to be made. Residents obviously cannot suffer in the cold for three or four years waiting for the installation of a new boiler, nor is the uncertainty concerning lead-based paint and its proper remediation acceptable.
We believe we can be helpful in two ways. We can provide design/build authorization, which would greatly reduce both the time and cost of actual repairs. Design/build authorization requires State legislation and the Governor is proposing it in the Budget. There is significant opposition to design/build legislation, but we have successfully negotiated authorization on a project by project basis.
However, design/build authority is only effective when an appropriate contractor is identified and selected expeditiously and contracts are properly executed. Also, design/build will not be effective if contractors must navigate the current maze of NYCHA bureaucracy and regulations. Thus, our suggestion would be to couple design/build authority with an Emergency Declaration by the State which can bypass the bureaucracy and create a more direct route to results.
An Emergency Declaration can take many forms and is flexible to meet the appropriate need. The Declaration could include a replacement of existing management, the appointment of an independent monitor, the identification and selection of contractors to be responsible for repairs, and/or the appointment of a public health monitor to focus on lead testing. We seek your guidance in determining which option you deem preferable. If you wish to discuss the range of options, I am certainly available.
Once a decision is made on what form of Emergency Declaration you seek, the next issue will be to decide on the actual selection of the appointed entity. Once again, we will look to the local leadership and stakeholders to guide this decision. However, we believe it is important that the residents of NYCHA - the tenants suffering from the current hardship - be involved in any selection process.
We believe time is of the essence, as it is very possible that the Federal government - through either the Department of Housing and Urban Development or the Department of Justice - may take action to exert control through a monitor, compliance assurance officer, or takeover. This would be the worst case scenario as the local government's power and control would be usurped - the City embarrassed - and the residents would essentially be in the hands of this Federal government.
We await your guidance and once again, I am available for any assistance that I may provide.
As we all know, the conditions affecting the tenants of the New York City Housing Authority (NYCHA) are untenable. The lack of heat and hot water, the presence of mold, and the uncertainty concerning lead-based paint in NYCHA units present serious health and safety hazards.
The Governor has publically stated that the State stands ready to be of assistance but wants to ensure an effective approach is undertaken that actually addresses the essential problems and produces results. The half measures undertaken in the past have obviously not resolved the issues, and the Governor finds the current plight faced by NYCHA residents intolerable.
We have been discussing a multi-dimensional effort that can significantly accelerate the necessary repairs that need to be made. Residents obviously cannot suffer in the cold for three or four years waiting for the installation of a new boiler, nor is the uncertainty concerning lead-based paint and its proper remediation acceptable.
We believe we can be helpful in two ways. We can provide design/build authorization, which would greatly reduce both the time and cost of actual repairs. Design/build authorization requires State legislation and the Governor is proposing it in the Budget. There is significant opposition to design/build legislation, but we have successfully negotiated authorization on a project by project basis.
However, design/build authority is only effective when an appropriate contractor is identified and selected expeditiously and contracts are properly executed. Also, design/build will not be effective if contractors must navigate the current maze of NYCHA bureaucracy and regulations. Thus, our suggestion would be to couple design/build authority with an Emergency Declaration by the State which can bypass the bureaucracy and create a more direct route to results.
An Emergency Declaration can take many forms and is flexible to meet the appropriate need. The Declaration could include a replacement of existing management, the appointment of an independent monitor, the identification and selection of contractors to be responsible for repairs, and/or the appointment of a public health monitor to focus on lead testing. We seek your guidance in determining which option you deem preferable. If you wish to discuss the range of options, I am certainly available.
Once a decision is made on what form of Emergency Declaration you seek, the next issue will be to decide on the actual selection of the appointed entity. Once again, we will look to the local leadership and stakeholders to guide this decision. However, we believe it is important that the residents of NYCHA - the tenants suffering from the current hardship - be involved in any selection process.
We believe time is of the essence, as it is very possible that the Federal government - through either the Department of Housing and Urban Development or the Department of Justice - may take action to exert control through a monitor, compliance assurance officer, or takeover. This would be the worst case scenario as the local government's power and control would be usurped - the City embarrassed - and the residents would essentially be in the hands of this Federal government.
We await your guidance and once again, I am available for any assistance that I may provide.
Sincerely,
Alphonso B. David
Alphonso B. David
Source: The Office of Governor Andrew M. Cuomo
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