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

                                  2525

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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  real  property  actions and proceedings law, in
  relation to requiring that certain public housing  authorities  estab-
  lish an innocent tenant protection act applicable to tenants of public
  and federally assisted housing

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

  Section 1. Legislative intent. The legislature finds that it is imper-
ative that the  forty-nine  public  housing  authorities  in  the  state
provide that any criminal activities that threaten the health, safety or
right  to  peaceful enjoyment of the premises, engaged in by a tenant of
public or federally assisted housing, and members of the tenants' house-
hold, or any guest or other person under the tenants' control, shall  be
cause for termination of tenancy. The legislature further finds that law
abiding tenants are vulnerable to "One-Strike" evictions given the poli-
cy's  breadth  and  the United States Supreme Court's decision in UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT V.  DAVIS. Anyone who
leases public or assisted housing is a potential target of  "One-Strike"
evictions. It is of little consequence that a tenant may be law abiding,
despise  drug activity or have made his or her home a drug-free environ-
ment. Any link to guest or family members involved in drug  activity  on
or  off  the public housing premises can trigger eviction. Therefore the
legislature finds the adoption of  an  innocent  tenant  protection  act
vital to law abiding tenants of public and federally assisted housing in
New York state.
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 711-a to read as follows:
  S 711-A. INNOCENT TENANT PROTECTION. 1. EACH PUBLIC HOUSING  AUTHORITY
AND  OWNERS  OF  FEDERALLY  ASSISTED  HOUSING SHALL UTILIZE LEASES WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06611-01-5
              

S. 2525                             2

PROVIDE THAT ANY CRIMINAL ACTIVITY THAT THREATENS THE HEALTH, SAFETY  OR
RIGHT  TO  PEACEFUL  ENJOYMENT  OF  THE PREMISES, ENGAGED IN BY A PUBLIC
HOUSING OR FEDERALLY ASSISTED HOUSING TENANT OR ANY DRUG RELATED  CRIMI-
NAL  ACTIVITY  ON OR OFF SUCH PREMISES ENGAGED IN BY A PUBLIC HOUSING OR
FEDERALLY ASSISTED HOUSING TENANT, ANY MEMBER OF THE TENANT'S HOUSEHOLD,
OR ANY GUEST OR OTHER PERSON UNDER THE TENANT'S CONTROL, SHALL BE  CAUSE
FOR  TERMINATION,  EXCEPT THAT NO TENANCY OF AN INNOCENT LESSEE SHALL BE
TERMINATED PURSUANT TO THIS SECTION.
  2. THE BURDEN OF PROOF SHALL BE ON THE GOVERNMENT TO  ESTABLISH  BY  A
PREPONDERANCE  OF  THE  EVIDENCE  THAT  SUCH  TENANT ENGAGED IN CRIMINAL
ACTIVITY AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
  3. FOR PURPOSES OF THIS SECTION THE TERM  "INNOCENT  LESSEE"  MEANS  A
LESSEE WHO:
  (A)  DID NOT KNOW OF THE CRIMINAL ACTIVITY GIVING RISE TO THE POSSIBLE
TERMINATION OF TENANCY; OR
  (B) UPON HEARING OF THE CONDUCT GIVING RISE  TO  THE  POSSIBLE  TERMI-
NATION  OF  THE TENANCY, DID ALL THAT REASONABLY COULD BE EXPECTED UNDER
THE CIRCUMSTANCES TO TERMINATE THE CRIMINAL ACTIVITY.   FOR PURPOSES  OF
THIS  SUBDIVISION,  WAYS IN WHICH A PERSON MAY SHOW THAT SUCH PERSON DID
ALL THAT REASONABLY COULD BE EXPECTED  MAY  INCLUDE  DEMONSTRATING  THAT
SUCH  PERSON, TO THE EXTENT ALLOWED BY LAW: (I) GAVE TIMELY NOTICE TO AN
APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION THAT LED THE TENANT TO
KNOW THE CONDUCT GIVING RISE TO A POSSIBLE TERMINATION OF TENANCY  WOULD
OCCUR  OR  HAD  OCCURRED;  OR (II) IN A TIMELY FASHION REVOKED OR MADE A
GOOD FAITH ATTEMPT TO REVOKE  PERMISSION  FOR  THOSE  ENGAGING  IN  SUCH
CONDUCT  TO USE THE PROPERTY, OR TOOK REASONABLE ACTIONS IN CONSULTATION
WITH A LAW ENFORCEMENT AGENCY TO DISCOURAGE OR PREVENT THE  ILLEGAL  USE
OF THE PROPERTY.
  4.  A  TENANT  IS NOT REQUIRED BY SUBDIVISION THREE OF THIS SECTION TO
TAKE STEPS THAT THE  PERSON  REASONABLY  BELIEVES  WOULD  BE  LIKELY  TO
SUBJECT ANY PERSON, OTHER THAN THE PERSON WHOSE CONDUCT GAVE RISE TO THE
POSSIBLE TERMINATION OF TENANCY, TO PHYSICAL DANGER.
  S 3. (a) Within six months of the effective date of this act and after
granting  notice  and an opportunity to comment to affected tenants, the
executive directors of the public  housing  authorities  and  owners  of
federally assisted housing shall review the drug-related eviction proce-
dures  of  all  jurisdictions  having federally subsidized units for the
purpose of determining whether procedures meet state due process  stand-
ards.
  (b)  Upon conclusion of the review mandated by subdivision (a) of this
section, if the executive directors of public housing authorities or the
owners of federally assisted housing determine that due  process  stand-
ards  are  met for a jurisdiction, such directors and owners shall issue
such jurisdiction a waiver of the procedure that mandates an administra-
tive grievance hearing.
  (c) Within sixty days of the completion  of  the  review  mandated  by
subdivision  (a)  of this section, the executive directors of the public
housing authorities and  owners  of  federally  assisted  housing  shall
report  to the mayors in those cities where such housing authorities and
owners are under the auspices of that  government  body  or  county,  or
state body of government, the findings of the review including all waiv-
ers  granted  in  accordance  with  subdivision (b) of this section. The
tenancy of a tenant of a public housing authority or federally  assisted
housing  shall not be terminated without cause and without reason there-
for given to said tenant in writing  prior  to  such  housing  authority

S. 2525                             3

and/or  federally  assisted housing filing an action for summary process
or seeking an injunction.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.