The head of the city Housing Autš¬hority potentially put thousands of kids at risk of lead poisoning by blowing off mandatory apartment inspections ā and then lied about it to the feds, a damning Department of Investigation report revealed Tuesday.
In an unpreź©µcedented move, DOI also called for hiring an outside monitor to ensure NYCHA folšlows lead-paint laws and other safety regulations.
The investigators accused NYCHA Chairwš oman Shola Olatoye of submitting annual paperwork to the federal Department of Housing and Ušrban Development that falsely claimed lead checks had been performed in 55,000 potentially dangerous apartments.
Olatoye, appointeād by Mayor de Blasio in 2014, allegedly signed one of the documents ā āknown as Form 50077 ā despite admittedly knowing it was untrue.
āDuring a DOI interview, Chair Olatoyš¼e stated that in October 2016 when this certification was submitted, she was aware that NYCHA was not in compliance with the HUD regulations, which she considered āobviously a management failure,ā and thus that the certification was not accurate,āā the report says.
NYCHA has offešred š±āno reasonable explanation why this was acceptable,ā the report noted.
āDOIās investigation found that NYCHA failed to do critical lead safety inspections and then falsely certified that šthey were meeting these legal requirements,ā DOI Commissioš“ner Mark Peters said.
Children under 6 ā who are most vulnerable to lead poisoning ā live in roughly 4,200 of the 55,000 apartments that are supposed to be inspected for hazards each year, accšording to the DOI report.
NYCHA stopped the inspections in 2013, but maintains that it inspected the 4,200 last year even ā¦though it failed to inspect the remaining 50,000-plus units.
NYCHA on Tuesday wouldnāt say whereį¦ any of the 55,000 apartments were located, beyond noting that theyāre in 91 of 326 housing projects scattered āacross all five boroughs.ā
Despite DOI flat-out accź¦ using Olatoye of mšisleading the feds, a vacationing de Blasio insisted his public housing chief did nothing wrong.
ā[The mayor]continues to have full confidence in Chair Olatoye and her work turning around NYCHA. We do not believe there is any evidence that anyone intentionally made any misstatements to HUDš“,ā spokeswoman Melissa Grace sšaid.
Under federal law, a knowing and willful fāalse statement to the government is a felony that carries up tš¦o five years prison.
Fordham University law professor Jim Cohen called Olatoyeās conduct āclearly a false statement within the meaning of the statute,ā and put the odds at ābetter than 50-50ā sheād face chaš¼rges.
āThis is sort of ready-made,ā Cohen said of a potential šcase.
Former federal prosecutor Peter Katz, who worked in both Brooklynās Eastern District and the Justice Dept. in Washington, D.šøC., said Olatoye āmade almost a full confession,ā and he raised the specter of conspiracy charges involving other top NYCHA officials.
Katz also called the situation āreminiscentā of a 2002 case he prosecuted, in which nearly all of the cityās plumbing inspectors were busted for falsifying inspections, also following a DOšI probe.
A DOI spokeswoman said the report was sent to the Manhattan US Attornź§eyās Office āfor any action they deem appropriate.ā
ź¦ŗManhaš°ttan federal prosecutors have been investigating elevated lead levels in the blood of NYCHA residents since at least November 2015, according to a 2016 New York Times report.
āNYCHA has acknowledged not only gaps in lead compliance and other issues ā but gaps in communications between senior NYCHA officiaš ls and NYCHAās top leadershišp, which resulted in incorrect certifications to HUD,ā authority spokeswoman Jean Weinberg said.
āAs the DOI repoš°rt noted, NYCHA did disclose to HUD the deficiencies it had identified and took immediate steps to develop a plan to address the issues.
Olatoye didnāt return requests for comment, but NYCHAź¦¦ lawyer and former toāp Manhattan federal prosecutor Boyd Johnson said: āAny suggestion that Shola Olatoye faces any criminal or civil liability in connection with this matter is utterly false and erroneous.ā