S T A T E   O F   N E W   Y O R K
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                                  5942

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. DIAZ, BOYLAND, DINOWITZ, PHEFFER -- Multi-Spon-
  sored by -- M. of A.  ALFANO, BARRA -- read once and referred  to  the
  Committee on Aging

AN ACT to amend the elder law, in relation to establishing the bureau of
  the senior tenants' advocate in the state office for the aging

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224.  SENIOR  TENANTS'  ADVOCATE. 1. BUREAU ESTABLISHED.   THERE IS
HEREBY ESTABLISHED WITHIN THE OFFICE FOR  THE  AGING  A  BUREAU  OF  THE
SENIOR  TENANTS'  ADVOCATE  FOR  THE PURPOSE OF ASSISTING SENIOR CITIZEN
TENANTS IN RESOLVING COMPLAINTS THEY MAY HAVE WITH THE  NEW  YORK  STATE
DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL,  LANDLORD DISPUTES, RENT
INCREASES, AND OTHER HOUSING RELATED MATTERS.
  2. APPOINTMENT OF SENIOR TENANTS' ADVOCATE. THE GOVERNOR SHALL APPOINT
A FULL-TIME STATE SENIOR TENANTS' ADVOCATE TO ADMINISTER  AND  SUPERVISE
THE  BUREAU  OF  THE SENIOR TENANTS' ADVOCATE. SUCH APPOINTMENT SHALL BE
FOR A PERIOD OF FOUR YEARS.
  (A) THE SENIOR TENANTS' ADVOCATE SHALL BE SELECTED FROM AMONG INDIVID-
UALS WITH EXPERTISE AND EXPERIENCE IN LANDLORD AND  TENANT,  AND  SENIOR
CITIZEN  CARE  ADVOCACY, AND WITH OTHER QUALIFICATIONS DETERMINED BY THE
GOVERNOR TO BE APPROPRIATE FOR THE POSITION.
  (B) THE SENIOR TENANTS' ADVOCATE SHALL, PERSONALLY OR THROUGH  AUTHOR-
IZED  REPRESENTATIVES  AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVI-
SION:
  (I) IDENTIFY, INVESTIGATE, AND ASSIST IN THE RESOLUTION OF  COMPLAINTS
THAT  ARE MADE BY, OR ON BEHALF OF, SENIOR CITIZEN TENANTS IN THIS STATE
AND THAT RELATE TO ACTIONS, INACTIONS, OR DECISIONS THAT  MAY  ADVERSELY
AFFECT  THE HOUSING AND RESIDENCY RIGHTS OF SUCH SENIOR CITIZEN TENANTS,
IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SENIOR  TENANTS'  ADVO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04956-01-9
              

A. 5942                             2

CATE.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS AUTHORIZING THE
SENIOR TENANTS' ADVOCATE TO INVESTIGATE  FINAL  ADMINISTRATIVE  DETERMI-
NATIONS  MADE  PURSUANT  TO LAW BY ANY STATE AGENCY, WHERE SUCH DETERMI-
NATION  HAS  BECOME  THE SUBJECT OF THE COMPLAINT TO THE SENIOR TENANTS'
ADVOCATE;
  (II) PROVIDE SERVICES TO ASSIST SENIOR CITIZEN TENANTS  IN  PROTECTING
THEIR RIGHTS AS TENANTS, INCLUDING BUT NOT LIMITED TO CONVEYING INFORMA-
TION ABOUT THE INTERESTS OF SENIOR CITIZEN TENANTS TO GOVERNMENTAL AGEN-
CIES AND RECOMMENDING APPROPRIATE ADMINISTRATIVE, LEGAL, AND OTHER REME-
DIES TO PROTECT THEIR RESIDENTIAL STATUS;
  (III)  INFORM  THE  SENIOR  CITIZEN  TENANTS  ABOUT MEANS OF OBTAINING
SERVICES PROVIDED BY PUBLIC HEALTH, SOCIAL  SERVICES,  OR  OTHER  PUBLIC
AGENCIES;
  (IV)  ANALYZE AND MONITOR THE DEVELOPMENT AND IMPLEMENTATION OF FEDER-
AL, STATE, AND LOCAL LAWS, REGULATIONS, OR POLICIES WITH RESPECT TO  THE
ADEQUACY OF HOUSING MATTERS FOR SENIOR CITIZEN TENANTS WITHIN THE STATE;
AND
  (V)  CARRY  OUT  SUCH OTHER ACTIVITIES AS THE SENIOR TENANTS' ADVOCATE
DETERMINES TO BE APPROPRIATE PURSUANT TO PERTINENT STATE LAWS AND  REGU-
LATIONS.
  (C)  THE  SENIOR  TENANTS' ADVOCATE MAY APPOINT ONE OR MORE AUTHORIZED
REPRESENTATIVES TO ASSIST THE SENIOR TENANTS' ADVOCATE IN  THE  PERFORM-
ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
  (D) NO SENIOR TENANTS' ADVOCATE, AUTHORIZED REPRESENTATIVE, OR IMMEDI-
ATE FAMILY MEMBER OF SUCH PERSON SHALL:
  (I)  HAVE  A DIRECT INVOLVEMENT IN THE LICENSING OR CERTIFICATION OF A
SENIOR CITIZEN RESIDENTIAL HOUSING FACILITY OR OF A PROVIDER OF RESIDEN-
TIAL HOUSING TO SENIOR CITIZENS;
  (II) HAVE AN OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY  EQUITY,
DEBT,  OR  OTHER  FINANCIAL RELATIONSHIP) IN RESIDENTIAL RENTAL PROPERTY
PROVIDING HOUSING TO SENIOR CITIZENS;
  (III) BE EMPLOYED BY, OR PARTICIPATE IN THE MANAGEMENT OF, RESIDENTIAL
RENTAL PROPERTY;
  (IV) RECEIVE REMUNERATION (IN CASH OR IN KIND)  UNDER  A  COMPENSATION
ARRANGEMENT  WITH  AN  OWNER  OR OPERATOR OF RESIDENTIAL RENTAL PROPERTY
THAT HAS TENANCIES CONSISTING OF ONE OR MORE SENIOR CITIZENS; AND
  (V) BE EMPLOYED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (E) THE SENIOR TENANTS' ADVOCATE SHALL ESTABLISH WRITTEN PROCEDURES TO
IDENTIFY AND REMOVE CONFLICTS OF INTEREST SET OUT IN  PARAGRAPH  (D)  OF
THIS  SUBDIVISION  AND  SHALL  INCLUDE  ACTIONS THAT THE SENIOR TENANTS'
ADVOCATE MAY REQUIRE HIMSELF OR HERSELF, AN  AUTHORIZED  REPRESENTATIVE,
OR IMMEDIATE FAMILY MEMBER OF EITHER TO TAKE TO REMOVE SUCH CONFLICTS OF
INTEREST.
  (F) THE SENIOR TENANTS' ADVOCATE SHALL REPORT DIRECTLY TO THE DIRECTOR
OF THE OFFICE FOR THE AGING.
  3.  REVIEW  OF  COMPLAINT.  UPON  RECEIPT  OF  A COMPLAINT, THE SENIOR
TENANTS' ADVOCATE SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE  REASON-
ABLE GROUNDS FOR AN INVESTIGATION. SUCH INVESTIGATION SHALL BE CONDUCTED
IN  A  MANNER PRESCRIBED IN THE REGULATIONS SET FORTH BY THE DIRECTOR OF
THE OFFICE FOR THE AGING.  IF THE SENIOR TENANTS' ADVOCATE OR AUTHORIZED
REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF  SUCH
COMPLAINT  IS  MORE  SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
SENIOR TENANTS' ADVOCATE OR AUTHORIZED REPRESENTATIVE SHALL  IMMEDIATELY
FORWARD  SUCH  COMPLAINT  TO THE APPROPRIATE AGENCY. THE SENIOR TENANTS'
ADVOCATE SHALL MAINTAIN A FILE CONCERNING SUCH COMPLAINTS  THROUGH  SUCH
AGENCY'S COMPLETION OF ACTION THEREON.

A. 5942                             3

  ANY  STATE  AGENCY  RECEIVING A COMPLAINT PURSUANT TO THIS SUBDIVISION
SHALL PROVIDE THE SENIOR TENANTS' ADVOCATE WITH WRITTEN  NOTICE  OF  THE
FINAL DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
  4. RETALIATORY DISCRIMINATION PROHIBITED. NO PERSON SHALL DISCRIMINATE
AGAINST ANY TENANT BECAUSE SUCH TENANT OR ANY PERSON ACTING ON BEHALF OF
SUCH  TENANT  HAS  BROUGHT  OR CAUSED TO BE BROUGHT ANY COMPLAINT TO THE
SENIOR TENANTS' ADVOCATE FOR INVESTIGATION, OR AGAINST ANY OTHER  PERSON
WHO  HAS  GIVEN  OR  PROVIDED  OR  IS TO GIVE OR PROVIDE ANY STATEMENTS,
TESTIMONY, OTHER EVIDENCE, OR COOPERATION IN CONNECTION  WITH  ANY  SUCH
COMPLAINT.
  5.    REGULATIONS. THE DIRECTOR OF THE OFFICE FOR THE AGING IS AUTHOR-
IZED TO PROMULGATE REGULATIONS  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SECTION.
  6.  ANNUAL  REPORT. THE STATE SENIOR TENANTS' ADVOCATE SHALL SUBMIT AN
ANNUAL REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, AND THE DIRECTOR, AND MAKE SUCH REPORT AVAILABLE  TO
THE PUBLIC. SUCH REPORT SHALL:
  (A)  DESCRIBE  THE  ACTIVITIES CARRIED OUT BY THE BUREAU OF THE SENIOR
TENANTS' ADVOCATE DURING THE PRIOR CALENDAR YEAR;
  (B) CONTAIN AND ANALYZE DATA RELATING TO COMPLAINTS  CONCERNING  RESI-
DENTIAL HOUSING FOR SENIOR CITIZEN TENANTS, FOR THE PURPOSE OF IDENTIFY-
ING AND RESOLVING RECURRING PROBLEMS;
  (C)  EVALUATE  THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE BY
OR ON BEHALF OF, SENIOR CITIZEN TENANTS;
  (D) CONTAIN RECOMMENDATIONS FOR:
  (I) APPROPRIATE STATE LEGISLATION, RULES  AND  REGULATIONS  AND  OTHER
ACTION TO PRESERVE AND PROMOTE THE RIGHTS OF SENIOR CITIZEN TENANTS; AND
  (II) IMPROVING PUBLIC AWARENESS OF SENIOR CITIZEN TENANTS' RIGHTS, AND
AVAILABILITY  OF  PUBLIC  ASSISTANCE PROGRAMS TO SENIOR CITIZEN TENANTS;
AND
  (E) ANY OTHER MATTERS THAT THE SENIOR TENANTS' ADVOCATE DETERMINES  TO
BE APPROPRIATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that any rules or regu-
lations necessary for the timely implementation  of  the  provisions  of
this  act  on  its effective date shall be promulgated on or before such
date.