--NYCHA submitted documents to federal government falsely certifying compliance--
Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”),
announced today the results of an investigation into mandated inspections for potential hazardous leadbased
paint conditions at New York City Housing Authority (“NYCHA”) apartments. DOI’s investigation
determined that NYCHA failed to conduct mandatory safety inspections for lead paint over a four-year period
beginning in 2013, but submitted false documentation to the United States Department of Housing and
Urban Development (“HUD”) stating that the Authority was in compliance with federal laws that require these
inspections to be performed. In its Report, DOI shows that despite its senior staff being made aware that
NYCHA was out of compliance with City lead laws in 2015, and its Chair, Shola Olatoye, being told in 2016
of non-compliance with both City and Federal rules, certifications were still submitted to the federal
government. As a result of this investigation, and three additional DOI investigations that revealed other
serious safety hazards and breakdowns over the past two years, DOI is recommending that a monitor,
reporting to DOI, be appointed to ensure future compliance with inspections in areas including lead paint,
smoke alarms and carbon monoxide detectors. A copy of DOI’s Report can be found at the following link:
http://www1.nyc.gov/site/doi/newsroom/public-reports.page
Commissioner Mark G. Peters said, “DOI’s investigation found that NYCHA failed to do critical
lead safety inspections and then falsely certified that they were meeting these legal requirements. This is the
fourth time in two years that DOI has found NYCHA to be careless when it comes to tenant safety. NYCHA
has an obligation both to protect tenants and to be honest with the public. Today's report should be an
important step in ensuring that NYCHA meets these obligations. ”
According to DOI’s investigation, NYCHA fell out of compliance with City Local Law 1 of 2004 and
Federal Lead Safe Housing Rule 24 C.F.R. 35 in 2013. These laws require public housing authorities, like
NYCHA, to conduct annual visual assessments of apartments that meet certain criteria and where the
possibility of lead-based paint has not been ruled out. NYCHA has approximately 55,000 apartments that
must be visually assessed each year to satisfy the federal rule. NYCHA is required to file with HUD,
certifying that it has complied with “all applicable Federal statutory and regulatory requirements,” related to
lead-based paint. DOI’s investigation revealed that in 2013, after HUD relaxed its rules on apartment
inspections, NYCHA ceased conducting annual apartment inspections and did not create a separate
protocol, resulting in NYCHA failing to perform annual visual assessments for potential lead-paint hazards as
legally required.
DOI’s investigation showed that in 2013, 2014 and 2015, NYCHA submitted documentation to
HUD certifying that it was in compliance with lead-based paint regulations, despite not having conducted the
required visual assessments.
DOI was also told by NYCHA that in September 2016, NYCHA reportedly self-disclosed its
noncompliance privately to certain HUD officials during a routine quarterly oversight meeting in Washington,
D.C. DOI has been working to corroborate this disclosure. The following month, according to the
investigation, NYCHA submitted another certification. It wasn’t until July 2017, when NYCHA submitted an
amended 2017 plan to HUD, that it also submitted a new form qualifying its certification stating, “NYCHA has
not complied with certain requirements related to lead-based paint but is working to ensure full compliance.”
This investigation revealed that although senior executives, including the Chair, were aware that in
2016 NYCHA was out of compliance with federal regulations, NYCHA nonetheless submitted a certification
stating otherwise. DOI has previously issued three other reports focused on additional safety failures at
NYCHA, specifically a failure to properly inspect smoke and carbon monoxide detectors, and a failure to
comply with building codes regarding elevator safety. DOI also issued a Report and follow-up investigation
on NYCHA’s failure to enforce its Permanent Exclusion policies for serious criminal offenders.
As a result of these multiple failures, DOI has issued a series of recommendations related to lead
and to the need to hire a monitor that reports to DOI to ensure NYCHA’s compliance with safety laws:
NYCHA must ensure that it is fully compliant with City and federal lead-based paint laws,
including by conducting annual visual assessments for lead-based paint hazards in certain
apartments as required by law, and by performing biannual quality assurance
reevaluations every two years.
NYCHA should evaluate the feasibility of systematically abating the remaining public
housing apartments that are known or presumed to contain lead-based paint, beginning
with apartments known to house a child under six.
NYCHA, for all future filings and certifications, must implement a system to collect written
sign off of the accuracy of all statements.
NYCHA should hire a third-party monitor to ensure compliance with safety laws and rules
by performing the following services: a) concerning lead-based paint inspections, the
independent integrity monitor should conduct field spot-checks to ensure that annual
apartment inspections are done, needed abatement is completed, and quality assurance
re-inspections are duly performed in accordance with Local Law 1 of 2004 and 24 C.F.R.
35; b) conduct field visits to ensure that critical apartment safety checks of smoke
alarms, carbon monoxide detectors and window guards, are duly performed in accordance
with NYCHA policy; and c) potentially ensuring full compliance with elevator safety
measures put in place by NYCHA following DOI’s March 2016 report about a fatal elevator
accident.
DOI Commissioner Peters thanked NYCHA for its cooperation in this investigation
DOI is one of the oldest law-enforcement agencies in the country and New York City’s corruption watchdog. Investigations may involve any
agency, officer, elected official or employee of the City, as well as those who do business with or receive benefits from the City. DOI’s
strategy attacks corruption comprehensively through systemic investigations that lead to high-impact arrests, preventive internal controls and
operational reforms that improve the way the City runs.
Bribery and Corruption are a Trap. Don’t Get Caught Up. Report It at 212-3-NYC-DOI.
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