1 New York State Housing Trust Fund Corporation M E M O R A N D U M To: From: Members of the Board Frank J. Markowski, Jr., Assistant Treasurer Date: June 27, 2013 Subject: ANNUAL REPORT ON PROPERTY DISPOSAL GUIDELINES Pursuant to Sections 2895 through 2897 of the Public Authorities Law and Section 601 of the Corporation's Procurement Contracts Guidelines, the Corporation must prepare and approve an Annual Report on Property Disposal Guidelines. After approval, the report will be submitted to the Office of the State Comptroller, the Director of the Budget, and the Commissioner of General Services, and uploaded to the PARIS reporting system maintained by the Authorities Budget Office. A copy of the Report, together with a resolution approving it and the Property Disposal Guidelines, is attached. No changes to the Guidelines or the Corporation s Contracting Officer are proposed. Approval of the resolution is hereby recommended.
2 Andrew M. Cuomo Governor Darryl C. Towns Chairperson New York State Housing Trust Fund Corporation Hampton Plaza State Street Albany, NY PROPERTY DISPOSAL GUIDELINES and REPORT For the Fiscal Year Ending March 31, 2013
3 HOUSING TRUST FUND CORPORATION GUIDELINES REGARDING THE USE, AWARDING, MONITORING AND REPORTING OF CONTRACTS FOR THE DISPOSAL OF PROPERTY ARTICLE I STATEMENT OF PURPOSE AND TITLE 101. These Guidelines are adopted pursuant to the provisions of Sections 2895 through 2897 of the Public Authorities Law and shall be reviewed and approved by the Members of the Corporation at least annually This document may be referred to as the Corporation's "Property Disposal Guidelines." ARTICLE II DEFINITION OF TERMS 201. Definitions. The following terms shall, for all purposes of these Guidelines, have the following meanings unless the context shall clearly indicate some other meaning: 1) "Corporation" shall mean the Housing Trust Fund Corporation. 2) "Board" shall mean the Members of the Corporation. 3) "Contracting Officer" shall mean the officer, employee or agent of the Corporation who shall be appointed by resolution of the Board to be responsible for the disposition of property. 4) "Dispose" or "Disposal" shall mean transfer of title or any other beneficial interest in personal or real property in accordance with Section 2897 of the Public Authorities Law. 5) "Property" shall mean, with respect to the Corporation, personal property in excess of five thousand dollars in value, real property, and any inchoate or other interest in such property, to the extent that such interest may be conveyed to another person for any purpose, excluding real property owned and operated as housing accommodations for low income persons pursuant to a regulatory agreement with the Corporation, and excluding an interest securing a loan or
4 other financial obligation of another party. 2 ARTICLE III Authorization for Disposition of Property 301. These Guidelines shall be consistent with, and comply with, Section 2896 of the Public Authorities Law, Section 45a of the Private Housing Finance Law, and any other section of law governing the disposition of property by Public Benefit Corporations of the State of New York The Corporation shall, by resolution of the Board, designate an officer, employee or agent of the Corporation to be its Contracting Officer The Contracting Officer shall have supervision and direction over the disposition of all real and personal property of the Corporation When it shall be deemed advantageous to the State of New York, the Contracting Officer, on behalf of the Corporation, may enter into an agreement with the Commissioner of General Services under which such Commissioner may dispose of property of the Corporation under terms and conditions agreed to by the Corporation and the Commissioner of General Services. In disposing of any such property, the Commissioner of General Services shall be bound by the terms of this title and references to the Contracting Officer shall be deemed to refer to such Commissioner The Contracting Officer may, as necessary or convenient, consult with employees of the Division of Housing and Community Renewal, the Office of General Services or any other appropriate Agency or Public Authority of the State of New York, to obtain assistance or guidance in connection with the disposition of the Corporation s property The Contracting Officer shall assume custody and control of any property pending disposition, and shall transfer such custody and control to the Commissioner of General Services pursuant to an agreement entered into in accordance with Article III, Section 304 of these Guidelines. The Contracting Officer may also transfer custody of such property to the Director of Support Services or the Director of Housing Information Systems of the Division of Housing and Community Renewal as may be necessary or convenient to effectuate the disposition of such property in an efficient and orderly manner.
5 3 ARTICLE IV Policy for Disposal of Property 401. All real and personal property of the Corporation is subject to these guidelines regardless of whether such property was originally purchased or invoiced in the name of the Corporation or any of its Offices or Units All disposals of property under these Guidelines shall be accomplished in a manner which serves the best interests of the State of New York and the Corporation All disposals of property shall adhere to the methodology required by Section 2897 of the Public Authorities Law The Corporation may dispose of property for not less than the fair market value of such property by sale, exchange, or transfer, for cash, credit, or other property, with or without warranty, and upon such other terms and conditions as the Contracting Officer deems proper, and it may execute such documents for the transfer of title or other interest in property and take such other action as it deems necessary or proper to dispose of such property under the provisions of this Section. Provided, however, that no disposition of real property, any interest in real property, or any other property which because of its unique nature is not subject to fair market pricing shall be made unless an appraisal of the value of such property has been made by an independent appraiser and included in the record of the transaction Validity of deed, bill of sale, lease or other instrument. A deed, bill of sale, lease, or other instrument executed by or on behalf of the Corporation, purporting to transfer title or any other interest in property of the Corporation under these guidelines shall be conclusive evidence of compliance with the provisions of these Guidelines insofar as concerns title or other interest of any bona fide grantee or transferee who has given valuable consideration for such title or other interest and has not received actual or constructive notice of lack of such compliance prior to the closing Bids for disposal; advertising; procedure; disposal by negotiation; explanatory statement. 1) All disposals or contracts for disposal of property of the Corporation made or authorized by the Contracting Officer shall be made after publicly advertising for bids except as provided in paragraph 3) of this subdivision.
6 4 2) Whenever public advertising for bids is required under paragraph 1) of this subdivision: (a) the advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property; (b) all bids shall be publicly disclosed at the time and place stated in the advertisement; and (c) the award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the State of New York, price and other factors considered; provided, that all bids may be rejected when it is in the public interest to do so. 3) Disposals and contracts for disposal of property may be negotiated or made by public auction without regard to paragraphs 1) and 2) of this subdivision but subject to obtaining such competition as is feasible under the circumstances, if: (a) the personal property involved is of a nature and quantity which, if disposed of under paragraphs (a) and (b) of this subdivision, would aversely affect the state or local market for such property, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation; (b) the fair market value of the property does not exceed fifteen thousand dollars; (c) bid prices after advertising therefore are not reasonable, either as to all or some part of the Property, or have not been independently arrived at in open competition; (d) the disposal will be to the State of New York or any political subdivision, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; (e) the disposal is for an amount less than the estimated fair market value of the property, the terms of such disposal are obtained by public auction or
7 5 negotiation, the disposal of the property is intended to further the public health, safety or welfare or an economic development interest of the State of New York or a political subdivision (to include but not limited to, the prevention or remediation of a substantial threat to public health or safety, the creation or retention of a substantial number of job opportunities, or the creation or retention of a substantial source of revenues, or where the Corporation's enabling legislation permits), the purpose and the terms of such disposal are documented in writing and approved by resolution of the Board; or (f) such action is otherwise authorized by law. 4) (a) An explanatory statement shall be prepared of the circumstances of each disposal by negotiation of: (i) any personal property which has an estimated fair market value in excess of fifteen thousand dollars; (ii) any real property that has an estimated fair market value in excess of one hundred thousand dollars, except that any real property disposed of by lease or exchange shall only be subject to clauses (iii) through (v) of this subparagraph; (iii) any real property disposed of by lease for a term of five years or less, if the estimated fair annual rent is in excess of one hundred thousand dollars for any of such years; (iv) any real property disposed of by lease for a term of more than five years, if the total estimated rent over the term of the lease is in excess of one hundred thousand dollars; or (v) any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property. (b) Each such statement shall be transmitted to the persons entitled to receive copies of the report required under Article VI of these Guidelines not less than ninety days in advance of such disposal, and a copy thereof shall be preserved in the files of the public authority making such disposal.
8 6 ARTICLE V Duties of the Contracting Officer Regarding Property Disposition 501. The Contracting Officer shall supervise and direct the disposition of all real and personal property of the Corporation in accordance with these Guidelines The Contracting Officer shall assume custody and control of any Property pending disposition The Contracting Officer shall take such action as may be necessary, or as directed by the Board, to insure the integrity of the property disposition process. Such actions include, but are not limited to, taking, or causing, a full or partial inventory of any property, with or without notice to any Corporation Office or Unit; reviewing the results of any inventory of property which may have been taken previously by any officer, employee or agent of the Corporation, the Office of the State Comptroller, the Office of the State Inspector General or any other entity; or consulting with the Corporation s Internal Control Officer, the Director of Internal Audit of the Division of Housing and Community Renewal, or any other appropriate official The Contracting Officer shall maintain adequate inventory controls and accountability systems for all property of the Corporation The Contracting Officer shall periodically inventory such property to determine which property shall be disposed of The Contracting Officer shall produce and file such reports as are required in accordance with Article VI of these Guidelines The Contracting Officer shall transfer or dispose of property pending transfer or disposal as timely as possible in accordance with these Guidelines. ARTICLE VI REPORTS 601. A copy of these Guidelines, as most recently reviewed and approved, shall be filed on or before the 31 st day of March each year with the State Comptroller, and shall include the name of the
9 7 Contracting Officer. At the time of such filing, the Corporation shall also post such Guidelines on its internet website. Guidelines posted on the Corporation s internet website shall be maintained on such website at least until the Guidelines for the following year are posted on such website The Corporation shall publish, not less frequently than annually, a report listing all of its real property. Such report shall consist of a list and full description of all real and personal property disposed of during such period. The report shall contain the price received by the Corporation and the name of the purchaser for all such property sold by the Corporation during such period. Copies of such report shall be delivered to the State Comptroller, the Director of the Budget, the Commissioner of General Services, and the legislature. ARTICLE VII MISCELLANEOUS PROVISIONS 701. Powers of Amendment. Any modification or amendment of these Guidelines may be made by a supplemental resolution adopted at any duly constituted meeting of the Members; provided, however, that no such modification or amendment to these Guidelines shall abrogate the rights and duties of then existing Corporation contracts with third parties. The Chairperson of the Corporation may make non-material changes to these Guidelines No Recourse Under these Guidelines. No provision in these Guidelines shall be the basis of any claim against any Member, officer or employee of the Corporation in their individual or official capacity or against the Corporation itself. Members, officers, or employees of the Corporation shall be deemed to be acting within the Public Officers Law in the discharge of their duties pursuant to these Guidelines.
10 8 HOUSING TRUST FUND CORPORATION PROPERTY DISPOSAL GUIDELINES EXPLANATION Explanation of the Corporation's Guidelines: Article I is a statement of the Guidelines purpose. Article II defines terms used in the Guidelines. Article III discusses the details of authorizing the disposal of the Corporation s real and personal property. Section 301 establishes the legal basis for the Guidelines. Section 302 requires the Corporation s Board to designate a Contracting Officer. Section 303 establishes the Contracting Officer s authority over the disposition of the Corporation s property. Section 304 authorizes the Corporation to contract with the Commissioner of General Services for the disposal of its property under certain conditions. Section 305 authorizes the Contracting Officer to obtain assistance and guidance from other State agencies and authorities. Section 306 requires the Contracting Officer to assume custody and control over the Corporation s property pending disposition, and authorizes the Contracting Officer to transfer custody of Corporation property to certain DHCR staff under certain conditions. Article IV discusses the Corporation s policy for property disposal. Section 401 requires all real and personal property of the Corporation to be subject to these Guidelines. Section 402 requires the Corporation s property to be disposed of in a manner which is in the best interests of the State and the Corporation. Section 403 establishes the methodology for the disposal of the Corporation s property.
11 9 Section 404 requires the Corporation to dispose of its property for not less than its fair market value, and also discusses the exceptions to this requirement. Section 405 establishes the basis for reliance upon the validity of deeds, bills of sale and other instruments in relation to disposal of the Corporation s property. Section 406 establishes the requirements for bidding, advertising and other disposal processes of the Corporation s property. Article V discusses the Duties of the Contracting Officer. Section 501 requires the Contracting Officer to follow these Guidelines in connection with the disposal of the Corporation s property. Section 502 authorizes the Contracting Officer to take such actions as are necessary to preserve the integrity of the property disposition process. Section 503 requires the Contracting Officer to maintain adequate inventory and recordkeeping processes over the Corporation s property. Section 504 requires the Contracting Officer to periodically inventory the Corporation s property. Section 505 requires the Contracting Officer to file such reports as are required by these Guidelines. Section 506 requires the Contracting Officer to dispose of property designated for disposal on a timely basis. Law. Article VI discusses the Reports required under the Section 601 requires the filing of these Guidelines with appropriate governmental agencies, and the posting of these Guidelines on the Corporation s internet site. Section 602 establishes the requirements for filing an annual property report.
12 10 Article VII discusses the miscellaneous provisions of these guidelines. Section 701 provides procedures for amendment of these Guidelines. Section 702 provides that these Guidelines are not to be used as the basis of any claims against the Corporation or its Members, officers or employees.
13 Housing Trust Fund Corporation Annual Property Report For the Fiscal Year Ended March 31, 2013 I. Contracting Officer: Frank J. Markowski, Jr., Assistant Treasurer Housing Trust Fund Corporation State Street Albany, NY (518) II. A copy of the Corporation s Guidelines Regarding the Use, Awarding, Monitoring and Reporting of Contracts for the Disposal of Its Property is posted at III. Real Property As of March 31, 2013, the Corporation owns no real property and no real property was disposed of during the fiscal year ended March 31, IV. Personal Property The Corporation disposed of no personal property during the fiscal year ended March 31, 2013 which was required to be reported on under the Law or the Corporation s Guidelines.
14 A RESOLUTION OF THE HOUSING TRUST FUND CORPORATION APPROVING THE PROPERTY DISPOSAL GUIDELINES AND REPORT WHEREAS, the Housing Trust Fund Corporation ( HTFC ) was created pursuant to Section 45-a of the New York Private Housing Finance Law; and WHEREAS, Section 2896 of the Public Authorities Law requires HTFC to adopt comprehensive guidelines which detail its operative policy and instructions regarding the use, awarding, monitoring and reporting of contracts for the disposal of property ( Property Disposal Guidelines ) and which designate a contracting officer who shall be responsible for its compliance with and enforcement of the Property Disposal Guidelines; and WHEREAS, Section 2896 of the Public Authorities Law requires HTFC to annually review and approve the Property Disposal Guidelines and issue an annual report ( Property Disposal Report ) regarding the disposal of property in accordance with the Property Disposal Guidelines; and WHEREAS, HTFC staff has presented the Property Disposal Guidelines to the Members which designate Assistant Treasurer Frank Markowski to be the contracting officer responsible for HTFC s compliance with and enforcement of the Property Disposal Guidelines and staff has prepared the annual Property Disposal Report; and WHEREAS, the Members have reviewed the Property Disposal Guidelines and the annual Property Disposal Report and find the same to be satisfactory; now, therefore, be it RESOLVED, by the Members as follows: Section 1. The Members hereby approve the Property Disposal Guidelines and Property Disposal Report. Section 2. The Members hereby approve the designation of Assistant Treasurer Frank Markowski as the contracting officer and authorize him or another officer of HTFC to execute any documents which may be necessary and appropriate to effectuate the purpose of this resolution and to file copies of the Property Disposal Guidelines and Property Disposal Report with the Office of the State Comptroller, the Governor s Office, Chairman and Ranking Minority Member of the Senate Finance Committee, Chairman and Ranking Minority Member of the Assembly Ways and Means Committee, each Chair and Ranking member of the Senate and Assembly Committees on Corporations, Authorities and Commissions, the State Comptroller and the Authorities Budget Office, and to publish the Property Disposal Guidelines and Property Disposal Report. Section 3. This resolution shall take effect immediately. Dated: June 27, 2013
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