Requires the NYC housing authority to provide a notice of opportunity to meet to discuss possible termination of tenancy when an occupant is aged 62 years or older.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Espaillat
TITLE OF BILL: An act to amend the public housing law, in relation to requiring the New York city housing authority to provide elderly tenants with notice of opportunity to meet to discuss possible termination of tenancy
PURPOSE OR GENERAL IDEA OF BILL: To give elderly NYCHA residents adequate notice of and ability to respond to termination of tenancy proceedings.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision (a) of this bill would require the New York City Housing Authority (NYCHA) to personally serve a household having a tenant or occupant of record age 62 or older, and mail to the household unit by certified and first-class mail, with any termination of tenancy notice (also called a 'notice of charges'). This termination of tenancy notice would not allow NYHCA to schedule any termination of tenancy hearing less than 30 days from the service date of the notice. Subdivision (b) would require that NYCHA project managers arrange to meet with a household having an elderly tenant within seven days after service of the termination of tenancy notice, in order to discuss the termination of tenancy, or, within fourteen days after personal service, if such extension is so requested by a tenant.
JUSTIFICATION: While NYCHA has termination of tenancy policies, many seniors, who have lived in NYCHA housing for decades, have faced sudden evictions without adequate knowledge about, notice of, or ability to respond to termination proceedings. Many of NYCHA's elderly residents suffer from disabilities or illnesses that require them to employ the aid of family members or legal representatives, or be provided more time than might otherwise be required to terminate tenancy. Recognizing that, while NYCHA may pursue legitimate breaches of tenancy agreements, this bill balances that interest with the fact that many NYCHA seniors have not been afforded the necessary opportunity to defend themselves against termination of tenancy proceedings. Given the serious implications of pushing elderly New Yorkers out of affordable housing, this bill gives more structure to termination of tenancy process as applied to seniors.
PRIOR LEGISLATIVE HISTORY: This is a new legislation.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 7554--A IN SENATE May 15, 2014 ___________Introduced by Sens. LANZA, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public housing law, in relation to requiring the New York city housing authority to provide elderly tenants with notice of opportunity to meet to discuss possible termination of tenancy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public housing law is amended by adding a new section 402-c to read as follows: S 402-C. NOTICE OF PRE-TERMINATION MEETING. 1. WHEN THE NEW YORK CITY HOUSING AUTHORITY MAILS NOTICE OF A PRE-TERMINATION MEETING TO A HOUSE- HOLD HAVING AN AUTHORIZED OCCUPANT OVER THE AGE OF SIXTY-TWO YEARS, SUCH AUTHORITY SHALL INCLUDE WITH SUCH NOTICE A NOTIFICATION THAT THE TENANT LESSEE HAS THE OPPORTUNITY TO MEET WITH THE PROPERTY MANAGER, OR HIS OR HER DESIGNEE, TO DISCUSS THE POSSIBLE TERMINATION OF TENANCY. SUCH NOTICE SHALL BE MAILED TO SUCH HOUSEHOLDS BY CERTIFIED AND REGULAR MAIL. 2. THE PROPERTY MANAGER, OR HIS OR HER DESIGNEE, SHALL SCHEDULE THE PRE-TERMINATION MEETING NO MORE THAN SEVEN DAYS AFTER THE DATE OF MAIL- ING OF THE NOTICE OF PRE-TERMINATION MEETING; PROVIDED, HOWEVER, THAT THE MEETING MAY OCCUR UP TO FOURTEEN DAYS AFTER THE DATE OF MAILING IF SO REQUESTED BY A TENANT LESSEE. SUCH PRE-TERMINATION NOTICE SHALL BE MAILED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE FIXED FOR A TERMINATION OF TENANCY HEARING BEFORE A HEARING OFFICER, EXCEPT THAT THE NEW YORK CITY HOUSING AUTHORITY MAY GIVE NOT LESS THAN FIFTEEN DAYS NOTICE BEFORE THE DATE FIXED FOR A TERMINATION OF TENANCY HEARING BEFORE A HEARING OFFICER IF THE CHARGES ARE BASED ON NON-DESIRABILITY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13883-08-4