May 21, 2017
Albany, NY

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

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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, theconditions 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.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this first day of June in the year two thousand eighteen.

BY THE GOVERNOR         

Secretary to the Governor

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