Bill Text: NY S09158 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the New York City Housing Authority to create policies regarding administrative procedures that conform with Title 42 Sections 13661-13662 of the United States Code and any relevant guidance developed by the Office of Public and Indian Housing of the United States Department of Housing and Urban Development with respect to proceedings involving decisions of the Authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-11 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S09158 Detail]

Download: New_York-2021-S09158-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9158

                    IN SENATE

                                      May 11, 2022
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development

        AN  ACT to amend the public housing law, in relation to grievance proce-
          dures for proceedings involving the New York City Housing Authority

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The public housing law is amended by adding a new section
     2  160 to read as follows:
     3    § 160. Grievance procedure requirements. 1. As used in this section:
     4    a. "administrative procedure" shall include any informal review  proc-
     5  ess  or  hearing  process  available by law to applicants and tenants to
     6  review or challenge a New York City Housing Authority decision,  action,
     7  or  failure  to  act, including all impartial hearings, grievance proce-
     8  dures, and termination of tenancy procedures;
     9    b. "authority" means the New York City Housing Authority; and
    10    c. "hearing decision" means any decision issued by a  hearing  officer
    11  pursuant to Title 24 § 966.57 of the Code of Federal Regulations; and
    12    2. The authority shall create policies regarding administrative proce-
    13  dures  that  conform  with  Title 42 §§ 13661-13662 of the United States
    14  Code and any relevant guidance developed by the  Office  of  Public  and
    15  Indian  Housing  of  the  United  States Department of Housing and Urban
    16  Development. Such policies shall:
    17    a. require the  authority  to  provide  oral  interpretation  services
    18  throughout  the  administrative  procedure to all limited English profi-
    19  cient applicants and residents;
    20    b. provide for a formal mechanism  by  which  parties  may  engage  in
    21  motion practice in all administrative procedures;
    22    c.  for all active administrative procedures, provide for an automatic
    23  stay in any housing court  proceeding  in  which  the  resident  is  the
    24  respondent;
    25    d. provide for the right to a stay until any underlying criminal court
    26  proceeding  is  resolved  in  all  administrative  procedures  involving
    27  alleged criminal activity or non-desirability;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15387-01-2
        S. 9158                             2

     1    e. require that all hearings:
     2    (i) are conducted according to New York state rules of evidence;
     3    (ii)  are  held  before  an  impartial hearing officer appointed after
     4  review and approval by residents; and
     5    (iii) result in a written decision, which the authority shall  provide
     6  to  the  resident  or  applicant  within thirty days of the hearing, and
     7  which shall be included in redacted form in an electronically searchable
     8  public database maintained by the authority; and
     9    f. require the authority to  allow  residents  to  submit  and  pursue
    10  grievances regardless of whether they are current on rent.
    11    § 2. This act shall take effect immediately.