Board of Estimate

NYC Admin. Code tit. 3, ch. 4

in effect

NYC Admin. Code § 3-401 Awards to spouses of killed firefighters, police officers, transit police officers, emergency medical technicians and advanced emergency medical technicians.

§ 3-401 Awards to spouses of killed firefighters, police officers, transit police officers, emergency medical technicians and advanced emergency medical technicians. The mayor is authorized and empowered to make an award to the spouse or domestic partner of a member of the uniformed force of the police department, fire department, including emergency medical technicians and advanced emergency medical technicians employed by the fire department, or uniformed transit police force, maintained by the New York city transit authority, killed while engaged in the discharge of duty. Such award shall equal the annual salary of such member at the time of death, but in no case less than the full salary payable to a first grade police officer, firefighter, transit police officer, emergency medical technician or advanced emergency medical technician at the date of death of such employee. In case there shall be no spouse or domestic partner surviving such member, the award shall be made to the minor child or children surviving such member. In case there shall be no spouse or domestic partner nor child nor children so surviving the award may be made to the dependent mother, father, or other dependents of such member. Such award shall be made in one payment as soon after the death of such member as may be possible and shall be in addition to any pension, award or other allowances authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to Chapter 43 of Title 38 of the United States Code, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services. (Am. 2017 N.Y. Laws Ch. 387, 10/23/2017, eff. 10/23/2017) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-402 Awards to surviving spouses and domestic partners of members of the uniformed correctional and sanitation forces.

§ 3-402 Awards to surviving spouses and domestic partners of members of the uniformed correctional and sanitation forces. The mayor is hereby authorized and empowered to make an award to the surviving spouse or domestic partner of a member of the uniformed correctional force or the uniformed sanitation force, employed by the department of correction in any prison or jail under control of the city, or any county within the city, or employed by the department of sanitation, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall be fixed in the discretion of the mayor. In case there be no surviving spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving the decedent. Such award shall be paid in one payment as soon after the death of such member of the uniformed correctional or sanitation force as may be possible and shall be in addition to any pension, award or other allowance authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-403 Awards to survivors of certain civilian members of the police department.

§ 3-403 Awards to survivors of certain civilian members of the police department. a. Awards to spouses and domestic partners of school crossing guards. The mayor is hereby authorized and empowered to make an award to the spouse or domestic partner of a school crossing guard, appointed as such by the police commissioner pursuant to the provisions of section 14-118 of this code, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall equal the annual compensation earnable by a school crossing guard as provided for in the budget for the fiscal year in which death occurs. In case there is no spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving such decedent. Such award shall be paid in one payment as soon after the death of such school crossing guard as may be possible and shall be in addition to any pension, award, or other allowance authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this subdivision, a member otherwise covered by this subdivision shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services. b. Awards to spouses and domestic partners of prevailing rate employees. The mayor is hereby authorized and empowered to make an award to the spouse or domestic partner of a prevailing rate employee, appointed as such by the police commissioner, who has been killed while engaged in the discharge of duty on or after October first, nineteen hundred and ninety-eight and before August first, nineteen hundred and ninety-nine. Such award shall equal the annual compensation earnable by a person holding such prevailing rate title as provided for in the budget for the fiscal year in which death occurs. In case there is no spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving such decedent. Such award shall be paid in one payment as soon after the death of such prevailing rate employee as may be possible and shall be in addition to any pension, award, or other allowance authorized by law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-404 Awards to spouses and domestic partners of officers or employees of the city.

§ 3-404 Awards to spouses and domestic partners of officers or employees of the city. The mayor is hereby empowered to make an award to the spouse or domestic partner of any officer or employee of the city who was heretofore or shall hereafter be killed while engaged in the discharge of duty and who, at the time of death, was not or shall not have been a member of a retirement system or pension fund maintained by the city or supported in whole or in part by city funds. Such award shall equal the annual compensation earnable by such officer or employee as provided by law or in the budget for the fiscal year in which death occurs. In case there shall be no spouse or domestic partner surviving the decedent, the award shall be made to the minor child or children of such decedent. In case there shall be no spouse, domestic partner, or child or children so surviving, the award shall be made to the dependent mother, father, or other dependents of such decedent. Such award shall be paid in one payment as soon after the death of such officer or employee as may be possible. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-405 Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances.

§ 3-405 Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. Direct action on the part of private citizens in preventing crimes against the person or property of others, preserving the peace or preventing public disturbances, benefits the entire public. The mayor is hereby authorized and empowered to make an award for the death of or injury to any person or persons, other than police officers or peace officers, which has been or shall hereafter be caused in attempting to prevent the commission of a crime against the person or property of another, preserve the peace or prevent public disturbances. Such award shall be fixed in the discretion of the mayor as a matter of grace and not as a matter of right, and shall, in the case of personal injuries, be based upon the medical expenses and loss of earnings incurred by such person injured while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. In the case of the death of such person, such award shall be made to the surviving spouse or domestic partner, child or other dependent of such person; and the award may be in a single payment, or may be made in periodic payments under provisions similar to those set forth in section 13-244 of this code, which periodic payments may be in an amount not to exceed the amounts payable pursuant to such section as a pension to the surviving spouse or domestic partner, child or other dependent, as the case may be, of a deceased first-grade police officer. Petitions for an award hereunder must be presented to the mayor within six months after the happening of the occurrence which resulted in such injury or death. Before the mayor shall make such payment, he or she shall require the claimant to execute and deliver an assignment to the city, in such form as shall be approved by the corporation counsel, of an amount equal to the payments made or to be made by the city, payable out of the proceeds of any recovery, whether by judgment, settlement or otherwise, against the city or any person or any public or private corporation alleged to have been responsible for said death or injuries. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027.

NYC Admin. Code § 3-406 Leases for public purposes.

§ 3-406 Leases for public purposes. All applications to lease any real property for the purposes of the city or any of the counties therein, including the premises required in accordance with law for armories and drill rooms and places of deposit for the safekeeping of arms, uniforms, equipment, accoutrements and camp equipage of the national guard, must be presented to and passed upon by the board of estimate. The board, upon the report of the commissioner of general services, and upon such further inquiry as such board, in its discretion, may make, may authorize a lease of such premises as shall be specified in its resolution, at the rent therein set forth for a period not exceeding twenty-one years. Such lease may contain a provision for renewals thereof at the option of the city. Such lease, however, shall not be authorized except at a fair and reasonable rent, and unless the board is satisfied, and shall so express, that it would be for the interest of the city that a lease of the premises for the purposes specified should be made. If the city, prior to the making of the lease, shall have entered upon the possession of the property, the lease may be made to commence as of the date when the occupation commenced.

NYC Admin. Code § 3-407 Transfer of streets.

§ 3-407 Transfer of streets. The board of estimate may transfer the jurisdiction and control of any street from one agency to another agency.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-1166Fetched: 10/24/2026