Prevailing Wage Initiative

NYCHA monitors and enforces contractors’ and subcontractors’ obligation to pay the Prevailing Wage. Contractor workers who believe they have been underpaid should file the Prevailing Wage Complaint form.

Effective February 15, 2016, the New York City Housing Authority has revised its process for inspecting and processing payables for certain types of contract work. Read more. For questions concerning Prevailing Wages, contact NYCHA’s Office of Contract Compliance, Department of Equal Opportunity, at: 1-888-NYCHA-PW (1-888-692-4279).

EEO and Prevailing Wage Requirements

The Housing Authority requires that contractors and subcontractors that perform Housing Authority contracts comply with federal, state and city employment and labor laws and applicable regulations related to prevailing wages, including:

  • Executive Order 11246
  • Davis-Bacon and Related Acts;
  • U.S. Housing Act of 1937;
  • Sections 220 and 230 of the New York State Labor Law; and
  • Section 6-109 of the New York City Administrative Code.

Contractor Responsibilities

When a contractor performs an Authority contract, it is required to pay its employees who perform work on the contract wages and supplemental benefits no less than the applicable prevailing wage. The contractor is also required to ensure that its subcontractors comply with EEO and prevailing wage requirements. These are some of the requirements:

  • Complete and sign the development log;
  • Display the Employee Rights Under the Davis-Bacon Act poster;
  • Complete and submit the Contractor Daily Sign-In Sheet.

The poster (in 11” x 17” format) and the sign-in sheet (in 3-part NCR carbonless) should be available in the development office.  Please contact OCC if you are having difficulties obtaining the poster or sign-in sheet.

Monitoring

OCC’s Contract Compliance Officers conduct site visits in order to determine compliance with prevailing wage and equal employment opportunity laws. The Officers interview workers and review records such as Payrolls, Daily Inspection Reports, Development Logs, and other documents to determine if an investigation of potential violations is warranted. The contractor is required to provide, upon request, proof satisfactory to the Authority that it and its subcontractors are meeting the obligations to the workers of this contract, including, but not limited to proof that workers are receiving the prevailing wage and proof of the efforts to hire minority and women.

Enforcement

A violation of the contractual or statutory requirements may constitute a material breach of the contract, which may result in suspension of the work, termination of the contract for default and/or a finding of non-responsibility with respect to awarding of future Authority contracts. Investigations that determine that a contractor has underpaid the prevailing wage result in monies being withheld from the contractor, for subsequent payment to the worker, as well as for administrative costs of the prevailing wage investigation.