NY State Senate Bill 2019-S5342A

Senate Bill S5342A

Signed By Governor

2019-2020 Legislative Session

Requires the NYC housing authority to include a notice informing a prospective tenant or tenant of the ability to add legal occupants to the lease or renewal lease

download bill text pdf

Archive: Last Bill Status Via A5410 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 21, 2020	signed chap.171
Sep 16, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.781 substituted for s5342a
Jul 22, 2020	substituted by a5410a
Jul 21, 2020	ordered to third reading cal.781
Jul 20, 2020	reported and committed to rules
Jan 30, 2020	print number 5342a
Jan 30, 2020	amend and recommit to housing, construction and community development
Jan 08, 2020	referred to housing, construction and community development
Apr 26, 2019	referred to housing, construction and community development

Votes

- Jul 22, 2020 - Floor Vote
  A5410
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jul 21, 2020 - Rules Committee Vote
  S5342A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 21, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jul 20, 2020 - Housing, Construction And Community Development Committee Vote
  S5342A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jul 20, 2020
      
      aye (9)
      
      Boyle
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Little
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      aye wr (2)
      
      Amedore
      
      Helming

Bill Amendments

Original

A (Active)

2019-S5342 - Details

See Assembly Version of this Bill:: A5410
Law Section:: Public Housing Law
Laws Affected:: Amd §402, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8605
2015-2016: A1477
2017-2018: A5555

2019-S5342 - Summary

Requires the NYC housing authority to include a notice informing a prospective tenant or current tenant of the ability to add legal occupants to the lease or renewal lease and to provide a form to add the additional legal occupants.

2019-S5342 - Sponsor Memo

                                
 
BILL NUMBER: S5342

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the public housing law, in relation to
requiring that the New York city housing authority include a notice
informing a prospective tenant or tenant of the ability to add legal
occupants to the lease or renewal lease, and provide, upon request, a
tenant with a form to add additional legal occupants

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give NYCHA tenants notice of their abili-
ty to add legal occupants to their leases, and to ensure that requests
for documents to add additional legal occupants are fulfilled.

 
SUMMARY OF PROVISIONS:

This bill would require NYCHA to include a notice informing a prospec-
tive tenant or current tenant of the ability to add legal occupants to
the lease or renewal lease. The notice shall be separate from the lease,
clear and conspicuous, and written in boldface font, sixteen-point or

greater. This bill would also require NYCHA to, within seven days of
receiving a tenant's request to add additional legal occupants, provide
such tenant with the appropriate form along with the notice informing
the tenant of the right to contest the denial of any occupancy permis-
sion request.

 
JUSTIFICATION:

Recognizing that, during the course of a NYCHA tenant's residency, fami-
ly composition may change, NYCHA has a process through which a tenant
may add a family member to the household lease for succession purposes.
However, the applicable rules and procedures for adding such family
members are not well known or understood by many NYCHA tenants. Through-
out NYCHA housing, tenants' family members, who would ordinarily qualify
for occupancy, have been evicted from units for being unaware of these
rules and procedures. Further, instances have occurred wherein NYCHA
staff has not sufficiently provided or explained to tenants information
about the addition process, their obligations, and grievance rights, or
has failed or refused to provide the requisite forms. This bill would
address these issues.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 - A.5555 - Referred to Housing.
2016: A.1477 - Passed Assembly.
2015: A.1477 Passed Assembly.
2014: A.8605 - Passed Assembly.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after its enactment.

2019-S5342 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5342
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 requiring that
   the New York city housing  authority  include  a  notice  informing  a
   prospective  tenant or tenant of the ability to add legal occupants to
   the lease or renewal lease, and provide, upon request, a tenant with a
   form to add additional legal occupants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 402 of the public housing law is amended by adding
 a new subdivision 6-a to read as follows:
   6-A. A. THE NEW YORK CITY HOUSING AUTHORITY SHALL INCLUDE, ALONG  WITH
 EVERY  LEASE OR RENEWAL LEASE OFFERED TO A PROSPECTIVE TENANT OR CURRENT
 TENANT, A SEPARATE, CLEAR AND CONSPICUOUS NOTICE, IN AT  LEAST  SIXTEEN-
 POINT  BOLDFACE  TYPE, CONCERNING THE TENANT'S ABILITY TO ADD ADDITIONAL
 LEGAL OCCUPANTS TO THE LEASE AGREEMENT.
   B. UPON RECEIPT OF A TENANT'S REQUEST FOR A FORM TO ADD AN  ADDITIONAL
 LEGAL  OCCUPANT,  THE  AUTHORITY  SHALL,  WITHIN SEVEN DAYS, PROVIDE THE
 TENANT WITH THE APPROPRIATE FORM, ALONG  WITH  A  NOTICE  INFORMING  THE
 TENANT  OF  THE  RIGHT TO CONTEST THE DENIAL OF ANY OCCUPANCY PERMISSION
 REQUEST.
   § 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.
                                                            LBD09543-01-9

co-Sponsors

2019-S5342A (ACTIVE) - Details

See Assembly Version of this Bill:: A5410
Law Section:: Public Housing Law
Laws Affected:: Amd §402, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8605
2015-2016: A1477
2017-2018: A5555

2019-S5342A (ACTIVE) - Summary

2019-S5342A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5342A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public housing law, in relation to requiring that
the New York city housing authority include a notice informing a
prospective tenant or tenant of the ability to add legal occupants to
the lease or renewal lease, and provide, upon request, a tenant with a
form to add additional legal occupants

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give NYCHA tenants notice of their abili-
ty to add legal occupants to their leases, and to ensure that tenants
can access documents to add additional legal occupants.

 
SUMMARY OF PROVISIONS:

This bill would require NYCHA to include a notice informing a prospec-
tive tenant or current tenant of the ability to add legal occupants to

the lease or renewal lease. The notice shall be separate from the lease,
clear and conspicuous, and written in boldface font, sixteen-point or
greater. This bill would also require NYCHA to make any form required to
add additional legal occupants to the lease available for review and
submission in person, online, and through NYCHA's app; to acknowledge
receipt of any application to add additional legal occupants; to
instruct the tenant on how to check the status of their application; and
to give an expected date of the authority's response to the request.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments to this bill require the appropriate form to be made
available for review and submission in person, online, and through
NYCHA's app, rather than requiring the form to be delivered upon
request. The amendments also require NYCHA to give clear direction on
how to apply, acknowledge receipt of an occupancy permission applica-
tion, inform residents on how to check the status of their request, and
give an expected date of response.

 
JUSTIFICATION:

Recognizing that, during the course of a NYCHA tenant's residency, fami-
ly composition may change, NYCHA has a process through which a tenant
may add a family member to the household lease for succession purposes.
However, the applicable rules and procedures for adding such family
members are not well known or understood by many NYCHA tenants. Through-
out NYCHA housing, tenants' family members, who would ordinarily qualify
for occupancy, have been evicted from units for being unaware of these
rules and procedures. Further, instances have occurred wherein NYCHA
staff has not sufficiently provided or explained to tenants information
about the addition process, their obligations, and grievance rights, or
has failed or refused to provide the requisite forms. This bill would
address these issues.

 
PRIOR LEGISLATIVE HISTORY:

New iteration in 2019.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after its enactment.

2019-S5342A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5342--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public housing law, in relation  to  requiring  that
   the  New  York  city  housing  authority  include a notice informing a
   prospective tenant or tenant of the ability to add legal occupants  to
   the lease or renewal lease, and provide, upon request, a tenant with a
   form to add additional legal occupants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 402 of the public housing law is amended by  adding
 a new subdivision 6-a to read as follows:
   6-A.  A.  THE NEW YORK CITY HOUSING AUTHORITY SHALL INCLUDE WITH EVERY
 LEASE OR RENEWAL LEASE OFFERED TO A PROSPECTIVE  OR  CURRENT  TENANT,  A
 SEPARATE,  CLEAR AND CONSPICUOUS NOTICE, IN AT LEAST SIXTEEN-POINT BOLD-
 FACE TYPE, CONCERNING THE TENANT'S ABILITY TO ADD ADDITIONAL LEGAL OCCU-
 PANTS TO THE LEASE AGREEMENT.
   B. UPON RECEIPT OF A TENANT'S REQUEST FOR A FORM TO ADD AN  ADDITIONAL
 LEGAL OCCUPANT TO HIS OR HER LEASE AGREEMENT, THE AUTHORITY SHALL, WITH-
 IN  SEVEN  DAYS, PROVIDE THE TENANT WITH CLEAR INFORMATION REGARDING HOW
 TO APPLY IN PERSON OR ONLINE, ALONG WITH A NOTICE INFORMING  THE  TENANT
 OF  THE  RIGHT TO GRIEVE THE DENIAL OF ANY OCCUPANCY PERMISSION REQUEST.
 ANY FORM REQUIRED BY THE AUTHORITY TO REQUEST SUCH OCCUPANCY  PERMISSION
 SHALL  BE  MADE  AVAILABLE  FOR  REVIEW AND SUBMISSION IN PERSON, ON THE
 AUTHORITY'S WEBSITE, AND THROUGH THE AUTHORITY'S MOBILE APPLICATION.
   C. UPON RECEIPT OF A TENANT'S REQUEST TO ADD AN ADDITIONAL LEGAL OCCU-
 PANT TO HIS OR HER LEASE AGREEMENT,  THE  AUTHORITY  SHALL  PROVIDE  THE
 TENANT,  IN  WRITING,  WITH  CONFIRMATION OF RECEIPT OF THE APPLICATION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09543-03-0

 S. 5342--A                          2
 
 INFORMATION REGARDING HOW THE TENANT MAY INQUIRE AS  TO  THE  STATUS  OF
 SUCH  REQUEST, AND THE EXPECTED DATE OF THE AUTHORITY'S RESPONSE TO SUCH
 REQUEST.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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