Legal Question in Credit and Debt Law in New York

Prompt Pay requirements for NYC Housing Authority

The New York City Housing Authority is an independent agency. Both the State of NY and the City have ''prompt pay'' requirements. Does the Housing Authority have to comply with either of those statutes? If so, how late does payment have to be to realistically press a claim for payment/interest? Is there experience in pressing claims for late payment against either the NYCHA or other City divisions/agencies?


Asked on 1/27/05, 4:18 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Prompt Pay requirements for NYC Housing Authority

The NYCHA is a public benefit corporation duly existing under the laws of the State of New York. It requires a notice of claim inorder to have a lawsuit.

The rest, I cannot tell you.

Good Luck

RRG

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Answered on 1/27/05, 5:15 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Prompt Pay requirements for NYC Housing Authority

Expanding Mr. Groezinger's answer, be advised that any City Agency in NY is protected by statute. You MUST within 30 days (check the numbers they are subject to change from time to time) of the date of the invoice provide them with a "notice if claim" that is supposed to allow them to "research the claim" early enough to prevent them from losing the opportunity...and then you have only one year from the date of the original debt to sue...and you have to allege compliance with the statute (sending the notice). If you don't you are statutorily "screwed" and you will lose your suit (the corporation counsel will file a motion to dismiss REAL QUICK) and voila, you're done. SO, send the notice RIGHT NOW and sue BEFORE the end of the one year expiration date. Good luck

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Answered on 1/27/05, 5:51 pm


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