Section 26-901
§ 26-901 Definitions. For the purposes of this chapter only, the
following terms shall be defined as follows:
a. "City financial assistance" includes any loans, grants, tax
credits, tax exemptions, tax abatements, subsidies, mortgages, debt
forgiveness, land conveyances for less than appraised value, land value
or other thing of value allocated, conveyed or expended by the city.
b. "Construction condition" means:
(1) a violation of the New York city construction codes issued to a
housing development project, a developer or a covered contractor of such
housing development project, during the project work or within a
five-year period following the completion of such project;
(2) a complaint related to the construction quality of a housing
development project received by the department during the project work
or within a five-year period following the completion of such project;
(3) a determination by the department, during the project work or
within a five-year period following completion of such project, that the
construction quality of a housing development project does not comply
with applicable law or does not conform to customary standards for
construction in the city of New York.
c. "Contractor" means an individual, sole proprietorship, partnership,
joint venture, corporation or other entity that enters into a contract
or other agreement with or is otherwise engaged by a developer or the
department to perform project work.
d. "Covered contractor" means a contractor or subcontractor whose
annual gross revenue for the immediately preceding tax year is not less
than two million five hundred thousand dollars, calculated in accordance
with section 779.266 of title 29 of the code of federal regulations;
provided, however that where an entity is a principal owner of, serves
as principal officer of, conducts or participates directly or indirectly
in the conduct of the affairs of such contractor or subcontractor and
any other contractor or subcontractor, the annual gross revenue for the
immediately preceding tax year for each such contractor or subcontractor
shall be aggregated and, if such aggregated value is not less than two
million five hundred thousand dollars, each such contractor or
subcontractor shall be a covered contractor.
e. "Department" means the department of housing preservation and
development.
f. "Developer" means an individual, sole proprietorship, partnership,
joint venture, corporation or other entity that receives city financial
assistance for a housing development project.
g. "Disqualified list" means a list that identifies entities that are
precluded by the department from being selected as developers where
"disqualified" shall mean debarred, suspended or otherwise prohibited
for any length of time. Such term shall also include a list of entities
that are ineligible to be included on a list of prequalified contractors
or subcontractors.
h. "Housing development project" means construction, rehabilitation or
alteration of any residential building, residential facility or
residential structure by a developer (1) which creates or preserves at
least one dwelling unit; (2) which is funded in whole or in part by city
financial assistance other than non-discretionary tax abatements or
benefits approved or administered in accordance with sections 421-a or
489 of the New York state real property tax law or other similar
programs and (3) where the developer of such project was not selected
more than five years prior to the effective date of this chapter. The
term "housing development project" shall not include emergency repairs
performed by or on behalf of the department pursuant to section 27-2125
of this code, work performed by or on behalf of the department pursuant
to section 27-2153 of this code, demolition work performed by or on
behalf of the department pursuant to articles two hundred fifteen or two
hundred sixteen of chapter two of title twenty-eight of this code, or
work funded by the department pursuant to article seven-a of the New
York state real property actions and proceedings law.
i. "List identifier" means a description of the purpose for which a
disqualified list or prequalified list is used by the department that
shall include the types of housing development projects for which the
list is used.
j. "Prequalified list" means a list that identifies entities that are
prequalified to be selected as developers and that was compiled,
modified or used by the department to select developers within the
immediately preceding five-year period; provided, however that the term
"prequalified list" shall also include a list of entities that the
department compiles and makes available to developers to assist in the
selection of contractors and subcontractors to perform project work.
k. "Principal officer" means an individual who serves as or performs
the functions of chief executive officer, chief financial officer or
chief operating officer of an entity.
l. "Principal owner" means an individual, partnership, joint venture,
corporation or other entity which holds a ten percent or greater
ownership interest in an entity or holds an ownership interest as a
general partner, managing partner or other position conducting or
participating directly in the conduct of the affairs of an entity. The
term "principal owner" shall not include a limited partner of a limited
partnership or an equity investor in a limited liability company or a
limited liability partnership where such equity investor does not
conduct or participate directly in the conduct of the affairs of the
limited liability company or limited liability partnership.
m. "Project identifier" means a description of a housing development
project sufficient to identify such project.
n. "Project work" means construction, rehabilitation, alteration or
demolition work performed in connection with a housing development
project. Such term shall not include professional services including
architectural, engineering, legal or accounting services or
administrative, clerical or other similar office support services, or
individuals solely engaged in managing, directing or supervising project
work.
o. "Subcontractor" means an individual, sole proprietorship,
partnership, joint venture, corporation or other entity that enters into
a contract or other agreement with or is otherwise engaged by a
contractor, the department or other entity to perform project work.
Section 26-902
§ 26-902 Reporting on prequalified lists and disqualified lists.
a. For each prequalified list, the department shall make available on
its website the list identifier and the criteria used by the department
to determine whether an entity qualifies for such list.
b. For each disqualified list, the department shall make available on
its website the list identifier, the name and address of each entity on
such list and the name and title of each principal officer and principal
owner of such entity and the criteria used by the department to
determine whether an entity is disqualified.
Section 26-903.
§ 26-903. Reporting on housing development projects.
a. For each housing development project, the department shall make
available on its website the following information:
(1) the project identifier;
(2) the program name as identified by the department and the list
identifiers of all prequalified lists used in connection with such
program;
(3) the address; block; lot number; stories; square footage of the
building at its base; the number of proposed dwelling units including
the number of bedrooms, disaggregated by income limits and all initial
legal and actual rents; and the number of proposed commercial units;
(4) the source, type and value of all city financial assistance and
other financial assistance provided by the city, disaggregated by source
and type;
(5) the anticipated completion date of such project;
(6) for the developer, contractors and subcontractors for such
project:
(i) the name and address;
(ii) the name and title of each principal officer and principal owner
of such developer, contractor or subcontractor and
(iii) when applicable, whether the wage information described by
subdivision a of section 26-904 of this chapter has been provided to the
department for such developer, contractor or subcontractor;
(7) whether the developer was prequalified at the time of selection;
(8) the method used to select the developer including, but not limited
to, direct negotiation, request for proposals, competitive bidding,
public bidding, auction, selection by entities other than the
department, and application;
(9) the criteria used to evaluate potential developers and to select
the developer;
(10) whether the developer or contractor executed any legal documents
subjecting any of the project work to section 220 of the New York state
labor law;
(11) whether the developer or contractor executed any legal documents
subjecting any of the project work to subchapter IV of chapter
thirty-one of part A of subtitle II of title 40 of the United States
Code or any applicable regulations or rules;
(12) To the extent known to the department, based on information
reported to the department by the developer that the department
reasonably believes to be correct and complete, a description of the
final outcome of any judicial actions or proceedings, including any
final judgment rendered or settlement, with respect to section 220 of
the New York state labor law or subchapter IV of chapter thirty-one of
part A of subtitle II of title 40 of the United States code or any
applicable regulations or rules, within the five-year period immediately
preceding developer selection by the department, against the developer,
the current principal owner or principal officer thereof, or the former
principal owner or principal officer thereof if such person held such
position or status within the five-year period immediately preceding
developer selection by the department;
(13) the completion date of the project; and
(14) the total number of construction conditions and for each such
condition, the nature of the condition and a description of any remedial
actions taken, ordered or requested with respect to such condition.
b. For housing development projects where the developer was selected
after the effective date of this chapter, the department shall update
the information required by subdivision a of this section every six
months until completion of such project except that the information
required by paragraph fourteen shall be updated every six months until
five years after completion of such project.
c. For housing development projects where the developer was selected
prior to the effective date of this chapter, the department shall make
available the information required by subdivision a of this section no
later than January 1, 2014 and shall update such information every six
months thereafter until completion of such project except that:
(1) the information required by paragraph six for subcontractors shall
be limited to subcontractors that entered into a contract or other
agreement with or were otherwise engaged by a contractor or the
department; and
(2) the information required by paragraph fourteen shall be updated
every six months until five years after completion of such project.
Section 26-904
§ 26-904 Wage information reporting. For all housing development
projects where the developer of such project was selected after the
effective date of this chapter, each such developer shall report to the
department the information listed below at least quarterly:
a. for each individual employed or otherwise engaged to perform
project work by the developer or any covered contractor:
(1) the individual's job title, position, or a description of the type
of work performed by such person;
(2) the information described by subdivision three of section 195 of
the New York state labor law which includes the name of the individual;
the name of the employer; the address and phone number of the employer;
the rate or rates of pay and basis thereof, whether paid by the hour,
shift, day, week, salary, piece, commission, or otherwise; gross wages;
deductions; allowances, if any, claimed as part of the minimum wage and
net wages;
b. for each contractor or subcontractor that is not a covered
contractor, a written certification under oath by a principal officer of
such contractor or subcontractor that such contractor or subcontractor
is not a covered contractor.
Section 26-905
§ 26-905 Ineligibility for inclusion on prequalified lists.
a. In addition to any other penalty provided by law, any contractor or
subcontractor who fails to provide wage reporting information in
accordance with section 26-904 of this chapter shall be ineligible to be
included on a prequalified list of contractors and subcontractors.
b. In addition to any other penalty provided by law, any contractor or
subcontractor with a history of construction conditions, as determined
by the department, shall be ineligible to be included on a prequalified
list of contractors and subcontractors.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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