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Velázquez Probes NYCHA After Recent Admissions of Federal Non-Compliance

July 31, 2018

Velázquez Probes NYCHA After Recent Admissions of Federal Non-Compliance

Washington, DC –Rep. Nydia M. Velázquez (D-NY), has sent a letter to the Interim Chair of the New York City Housing Authority (NYCHA) demanding answers after recent news reports shed light on the agency's failure to adhere to federal regulations.

"It's profoundly disturbing to learn that, in addition to the already well documented failings in areas like lead paint remediation, NYCHA has other systemic problems that likely mean it's not complying with federal law," said Velázquez. "New Yorkers deserve a full accounting of the facts, which is why I'm asking the agency for specifics on what's gone wrong, what's being done to fix it and when we can expect improvements."

The nation's largest public housing authority, NYCHA provides units for over 400,000 New Yorkers in 326 housing developments. Velázquez is the third most senior member of the House Financial Services Committee and the highest ranking New Yorker on the Housing and Insurance Subcommittee, which oversees all matters pertaining to public housing, including NYCHA.

The full text of the letter is below. For a PDF, click here.

July 30, 2018

Stanley Brezenoff

Interim Chair and Chief Executive Officer

New York City Housing Authority

250 Broadway

New York, NY 10007

Dear Interim Chair Brezenoff:

I'm writing to you this afternoon because I'm, once again, deeply concerned with the New York City Housing Authority's ("NYCHA") ongoing operations and maintenance challenges that were recently described in local media reports.

Last week, the New York Times[1] and New York Post[2] published stories indicating that NYCHA's operational problems extend far beyond its failures to inspect and remediate for hazardous lead levels. While NYCHA's failure to inspect and remediate for hazardous lead levels constitutes significant cause for concern in its own right, these new reports suggest NYCHA has not met federal requirements in many other areas including staff training, tenant protections and emergency management plans. These reports were later confirmed by documents obtained by my staff, which includes your letter dated July 25, 2018, to Mr. Luigi D'Ancona, Director of the New York Office of Public Housing for the US Department of Housing and Urban Development.

In your letter to Mr. D'Ancona, you outline several different areas of federal regulation that NYCHA is currently examining and reviewing for noncompliance, including but not limited to:

  • "Administrative: overtime requirements, staffing and scope of work of the Department of Equal Opportunity, procurement bid thresholds, emergency management plans and tracking, and required staff trainings.
  • Programmatic: Providing oversight of tenant protections, Section 3 requirements.
  • Consent decrees: Requirements identified in proposed consent decrees, such as with mold and lead."

I find it troubling that I learned about these latest issues through media reports rather than being told by NYCHA directly.

As a senior member of the House of Representatives' Financial Services Committee, and as the highest ranking New Yorker on the Housing and Insurance Subcommittee, which oversees all matters pertaining to public housing, including NYCHA, my staff and I have long endeavored to maintain an open dialogue with NYCHA. Like other Members of the New York City delegation, I expect forthright transparency from this agency whose operations have a direct effect on the quality of life for thousands of my constituents. Unfortunately, in recent years, NYCHA has exhibited a pattern of obfuscation and has been less than forthcoming with Members of New York City's Congressional Delegation.

When elected officials are left uniformed about the full extent of NYCHA's challenges—particularly those challenges related to the health, safety, and rights of NYCHA's residents – our shared goal of protecting residents' safety is unnecessarily impeded.

Because the information obtained by my staff leaves several questions unanswered, I am respectfully requesting the following pieces of information to clarify your statements in your letter of July 25th to Director D'Ancona:

  • In your letter you state: "[u]nder new leadership, and as contemplated by the proposed consent degree in United States v. New York City Housing Authority, NYCHA will review its operations regularly in order to assess potential compliance gaps." How often does NYCHA review its operations in order assess its potential compliance gaps? In your response, please provide a detailed explanation of the policies and procedures NYCHA uses to conduct these regular compliance reviews.
  • Your correspondence further states: "[b]ased on work conducted thus far, NYCHA believes it may not be in compliance with a number of federal regulations." Please be more specific and provide direct citations to the federal regulations and/or statutes in which NYCHA believes itself to be in violation. When answering this question please provide a detailed explanation as to why NYCHA believes itself to be in violation of these regulations and/or statutes.
  • The letter continues: "NYCHA's recently established Compliance Department will develop an approach to address areas of noncompliance as appropriate." Please provide a detailed explanation and understanding of this "approach". In your explanation please elaborate on whether this strategy has been fully developed and implemented or, in the alternative, when NYCHA expects it to be established and executed. Should it be the case that this "approach" is not currently fully developed or implemented, what steps is NYCHA's Compliance Department currently taking to address its areas of noncompliance.
  • Lastly, the letter says: "NYCHA expects additional areas will be added to the list [of potential violations] as the reviews continue." Please provide a more comprehensive explanation of the areas NYCHA might expect itself to be in violation, including all federal statutes and regulations. As requested above, in your explanation please provide a detailed description of why NYCHA might believe itself to be in violation of these federal statutes and regulations and what NYCHA is currently doing to remedy the situation.

Given these latest developments and the gravity of the situation, I respectfully request your response in the next thirty (30) days.

Thank you for your prompt attention to this matter.

Sincerely Yours,

Nydia M. Velázquez

Member of Congress


[1] Goodman, J. David. "Housing Authority Admits Failures Go Well Beyond Lead Testing." The New York Times. July 25, 2018. https://www.nytimes.com/2018/07/25/nyregion/nycha-lead-noncompliance-hud.html.

[2] Hicks, Nolan. "NYCHA Admits It Hasn't Followed Federal Regulations." The New York Post. July 25, 2018. https://nypost.com/2018/07/25/nycha-admits-it-hasnt-followed-federal-regulations/.