Provides that whenever rent is paid by NYC human resources administration on behalf of a tenant on public assistance, the department of housing preservation shall send a certification of payment to such tenant.
Ayes (3): Squadron, Duane, Krueger
Ayes W/R (2): McDonald, Marcellino
Ayes (39): Adams, Addabbo, Alesi, Aubertine, Breslin, Diaz, Dilan, Duane, Espada, Foley, Fuschillo, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Marcellino, McDonald, Montgomery, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Robach, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker
Nays (22): Bonacic, DeFrancisco, Farley, Flanagan, Golden, Griffo, Hannon, Johnson O, Lanza, Larkin, LaValle, Leibell, Libous, Little, Maziarz, Nozzolio, Ranzenhofer, Saland, Seward, Skelos, Winner, Young
Excused (1): Morahan
BILL NUMBER: S5992
TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to certification of payment of rent by the human resources administration to the tenant
PURPOSE OR GENERAL IDEA OF BILL : Requires the Human Resources Administration to issue a receipt, upon request, to a tenant on public assistance verifying proof of a rental payment to the landlord.
SUMMARY OF SPECIFIC PROVISIONS : Amends title twenty-six of the Administrative Code of the City of New York by adding a new chapter ten.
JUSTIFICATION : This bill provides tenants on public assistance the right to request and promptly obtain a receipt as proof of rental payment made by the New York City Human Resources Administration (HRA). This legislation is deemed necessary because there are hundreds of cases whereby tenants whose rent is paid by HRA are summoned to landlord/tenant court for non-payment of rent. For many, this legislation could prevent such disputes from being elevated to the court level. Tenants on public assistance are rarely aware of the fact that HRA has paid the landlord. Such receipt would provide the tenant with proof of payment when called into court.
PRIOR LEGISLATIVE HISTORY : 1993-1994: A.6269/5.3881 1995-1996: A.5578/S.3252 1997-1998: A.5675 1999-2000: A.1518/S.2111 2001-2002: A.6545-A 2003-2004: A.5810 2005-2006: A.735 2007: A.619
FISCAL IMPLICATIONS : Unable to determine at this time.
LOCAL FISCAL IMPLICATIONS : Unable to determine at this time.
EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5992 2009-2010 Regular Sessions IN SENATE June 19, 2009 ___________Introduced by Sens. SQUADRON, DIAZ, HASSELL-THOMPSON, KRUEGER, MONSER- RATE, MONTGOMERY, ONORATO, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the administrative code of the city of New York, in relation to certification of payment of rent by the human resources administration to the tenant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 10 to read as follows: CHAPTER 10 CERTIFICATION OF CERTAIN RENT PAYMENT S 26-901 CERTIFICATION OF PAYMENT. (A) WHENEVER RENT IS PAID BY THE HUMAN RESOURCES ADMINISTRATION TO A LANDLORD ON BEHALF OF A TENANT WHO IS RECEIVING PUBLIC ASSISTANCE, THE HUMAN RESOURCES ADMINISTRATION SHALL ISSUE A CERTIFICATION OF PAYMENT TO SUCH TENANT, UPON REQUEST BY THE TENANT FOR CERTIFICATION. THE CERTIFICATION OF PAYMENT SHALL SET FORTH: (1) THE DATE THE PAYMENT WAS MAILED; (2) THE NAME OF THE LANDLORD TO WHOM THE PAYMENT WAS MAILED; (3) THE ADDRESS TO WHICH PAYMENT WAS MAILED; AND (4) THE AMOUNT OF PAYMENT MAILED. (B) A REQUEST FOR CERTIFICATION OF PAYMENT MAY BE MADE BY THE TENANT IN PERSON AT THE TENANT'S ASSIGNED HUMAN RESOURCE ADMINISTRATION OFFICE OR BY THE TENANT OR THE LANDLORD BY TELEPHONE. IF A REQUEST IS MADE IN PERSON, THE CERTIFICATION OF PAYMENT SHALL BE MADE AVAILABLE TO THE TENANT AT THE TENANT'S ASSIGNED HUMAN RESOURCE ADMINISTRATION OFFICE NOT MORE THAN TWO DAYS AFTER THE REQUEST IS MADE. IF THE REQUEST IS MADE BY TELEPHONE, THE CERTIFICATION OF PAYMENT SHALL BE SENT VIA FIRST CLASS MAIL TO THE TENANT AT HIS OR HER LAST KNOWN ADDRESS NOT MORE THAN FIFTEEN DAYS AFTER THE REQUEST IS MADE. EACH HUMAN RESOURCE ADMINIS-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00131-06-9 S. 5992 2
TRATION OFFICE SHALL DESIGNATE A TELEPHONE NUMBER FOR USE BY TENANTS AND LANDLORDS TO REQUEST CERTIFICATION OF PAYMENT. (C) AT THE TIME OF APPROVAL OF AN APPLICATION FOR PUBLIC ASSISTANCE, THE HUMAN RESOURCE ADMINISTRATION OFFICE SHALL PROVIDE THE APPLICANT FOR ASSISTANCE WITH WRITTEN NOTICE OF HIS OR HER RIGHT TO REQUEST AND RECEIVE CERTIFICATION OF RENT PAYMENTS AS PROVIDED IN THIS SECTION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that the human resources administration shall promulgate rules and regulations necessary to effectuate this act prior to such effective date.