S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4054
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the public housing law, in relation to requiring the New
   York city housing authority to address certain repairs  within  thirty
   days after receipt of a written notice to management

   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-g to read as follows:
   § 402-G. REPAIRS; WRITTEN NOTICE. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AUTHORITY" SHALL MEAN THE NEW YORK CITY HOUSING AUTHORITY.
   (B)  "DEPARTMENT"  SHALL  MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING
 PRESERVATION AND DEVELOPMENT.
   2. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  THE
 AUTHORITY  SHALL  REPAIR  OR CAUSE TO BE REPAIRED ANY CONDITIONS THAT IT
 WOULD OTHERWISE HAVE A DUTY TO REPAIR UNDER LAW IF  IT  WERE  A  PRIVATE
 LANDLORD, WITHIN THIRTY DAYS OF RECEIPT BY THE PROPERTY MANAGER OF WRIT-
 TEN  NOTICE  OF  SUCH CONDITIONS IN NEED OF REPAIRS. SUCH WRITTEN NOTICE
 SHALL BE PROVIDED TO THE PROPERTY MANAGER IN A  MANNER  CONSISTENT  WITH
 RULES  AND  REGULATIONS PROMULGATED FOR SUCH PURPOSE BY THE AUTHORITY IN
 CONJUNCTION WITH THE DEPARTMENT.
   3. A TENANT OR AN AUTHORIZED MEMBER OF A TENANT HOUSEHOLD  OF  A  UNIT
 OWNED OR OPERATED BY THE AUTHORITY MAY REPORT A VIOLATION OF SUBDIVISION
 TWO  OF THIS SECTION BY THE AUTHORITY TO THE DEPARTMENT. UPON RECEIPT OF
 A REPORT OF A VIOLATION OF  SUBDIVISION  TWO  OF  THIS  SECTION  BY  THE
 AUTHORITY, THE DEPARTMENT SHALL ISSUE TO THE AUTHORITY A MANDATORY ORDER
 TO  REPAIR THE CONDITIONS UPON WHICH SUCH VIOLATION IS PREDICATED. AFTER
 FIFTEEN DAYS OF THE ISSUANCE OF SUCH  MANDATORY  ORDER  TO  REPAIR,  THE
 DEPARTMENT SHALL INSPECT SUCH REPORTED VIOLATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06842-01-3
 A. 4054                             2
              

 
   4.  A  TENANT  OF A UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION MAY
 CHOOSE TO REPAIR A CONDITION THAT THE AUTHORITY OTHERWISE HAS A DUTY  TO
 REPAIR UNDER LAW. BEFORE BEGINNING SUCH REPAIR, SUCH TENANT SHALL NOTIFY
 THE  PROPERTY MANAGER OF THE PROJECT WHEREIN SUCH TENANT RESIDES OF SUCH
 TENANT'S  INTENT  TO  REPAIR  SUCH CONDITIONS. SUCH TENANT SHALL KEEP AN
 ACCURATE RECORD OF EXPENSES INCURRED BY REPAIRING  SUCH  CONDITIONS  AND
 SHALL  EITHER:  (A)  BE  ENTITLED  TO PAYMENT FROM THE AUTHORITY OF SUCH
 AMOUNT, WITHIN FIFTEEN DAYS OF NOTICE TO THE AUTHORITY OF SUCH  EXPENSES
 INCURRED, OR (B) BE ENTITLED TO DEDUCT SUCH AMOUNT FROM FUTURE RENT OWED
 TO THE AUTHORITY.
   5.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CONDITION IN
 NEED OF REPAIR CAUSED BY A TENANT OF A UNIT COVERED BY THIS SECTION,  OR
 BY A PERSON OR PERSONS UNDER SUCH TENANT'S DIRECTION OR CONTROL.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.