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, the conditions 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, on June 11, 2018 the United States Attorney for the Southern District filed an 80-page complaint against NYCHA, represented by the City of New York, detailing the effects a culture of mismanagement, including, but not limited to, systemic lead paint violations, pervasive mold, widespread lack of heat in winter, pest infestation, chronic elevator outages in high-rise buildings, and a history of making false statements to cover up noncompliance; and
WHEREAS, on the same day, the United States and NYCHA, through the City of New York, executed a consent decree, effective for a minimum of five years, which requires the City to provide over $2 billion to remediate the environmental health conditions alleged in the complaint and the establishment of a court-appointed monitor to oversee the implementation of the terms of the consent decree.
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 the Consent Decree requiring the appointment of a federal oversight monitor, my order and requirement, embodied in Executive Order 180, dated April 2, 2018, as amended by Executive Order 180.2, dated June 1, 2018, is hereby further amended 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 pending the appointment of a federal monitor and approval of the monitor's plans for remediation.
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 29, 2018.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-ninth day of June in the year two thousand eighteen.
BY THE GOVERNOR
Secretary to the Governor
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