NY State Senate Bill 2023-S1904

Senate Bill S1904

2023-2024 Legislative Session

Relates to grievance procedures for proceedings involving the New York City Housing Authority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to housing, construction and community development
Jan 17, 2023	referred to housing, construction and community development

2023-S1904 (ACTIVE) - Details

See Assembly Version of this Bill:: A1135
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §160, Pub Hous L
Versions Introduced in 2021-2022 Legislative Session:: S9158, A10070

2023-S1904 (ACTIVE) - Summary

Requires the New York City Housing Authority to create policies regarding administrative procedures that conform with Title 42 Sections 13661-13662 of the United States Code and any relevant guidance developed by the Office of Public and Indian Housing of the United States Department of Housing and Urban Development with respect to proceedings involving decisions of the Authority.

2023-S1904 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1904

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public housing law, in relation to grievance proce-
dures for proceedings involving the New York City Housing Authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require NYCHA implement specific procedural protections
in their administrative hearing process, including applying New York
State rules of evidence and requiring oral interpretation services. It
would also prevent tenants from facing eviction over criminal charges
that are ultimately dismissed by providing a formal right to stay the
administrative hearing until any underlying court case is resolved.

 
SUMMARY OF PROVISIONS:

Section 1. The public housing law is amended by adding a new section; S
160. Grievance procedure requirements.

 
JUSTIFICATION:

NYCHA tenants and applicants are entitled by federal law to an adminis-
trative hearing process to challenge a decision or action, including a
termination of tenancy decision or admissions denial.  NYCHA's current
administrative procedures fail to protect basic due process rights and
are inherently unfair to tenants and applicants.  Tenants facing
eviction from private housing, for example, have the right to be heard
in Housing Court where state rules of civil procedure and evidence
apply. Public housing tenancies, however, are terminated through an
opaque process that is conducted internally, without applying rules of
evidence or civil procedure, in front of a judge hired by NYCHA, and
without any formal way for tenants to raise substantive claims and
defenses.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Effective Immediately.

2023-S1904 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1904
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 grievance proce-
   dures for proceedings involving the New York City Housing Authority

   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
 160 to read as follows:
   § 160. GRIEVANCE PROCEDURE REQUIREMENTS. 1. AS USED IN THIS SECTION:
   A. "ADMINISTRATIVE PROCEDURE" SHALL INCLUDE ANY INFORMAL REVIEW  PROC-
 ESS  OR  HEARING  PROCESS  AVAILABLE BY LAW TO APPLICANTS AND TENANTS TO
 REVIEW OR CHALLENGE A NEW YORK CITY HOUSING AUTHORITY DECISION,  ACTION,
 OR  FAILURE  TO  ACT, INCLUDING ALL IMPARTIAL HEARINGS, GRIEVANCE PROCE-
 DURES, AND TERMINATION OF TENANCY PROCEDURES;
   B. "AUTHORITY" MEANS THE NEW YORK CITY HOUSING AUTHORITY; AND
   C. "HEARING DECISION" MEANS ANY DECISION ISSUED BY A  HEARING  OFFICER
 PURSUANT TO TITLE 24 § 966.57 OF THE CODE OF FEDERAL REGULATIONS; AND
   2. THE AUTHORITY SHALL CREATE POLICIES REGARDING ADMINISTRATIVE PROCE-
 DURES  THAT  CONFORM  WITH  TITLE 42 §§ 13661-13662 OF THE UNITED STATES
 CODE AND ANY RELEVANT GUIDANCE DEVELOPED BY THE  OFFICE  OF  PUBLIC  AND
 INDIAN  HOUSING  OF  THE  UNITED  STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT. SUCH POLICIES SHALL:
   A. REQUIRE THE  AUTHORITY  TO  PROVIDE  ORAL  INTERPRETATION  SERVICES
 THROUGHOUT  THE  ADMINISTRATIVE  PROCEDURE TO ALL LIMITED ENGLISH PROFI-
 CIENT APPLICANTS AND RESIDENTS;
   B. PROVIDE FOR A FORMAL MECHANISM  BY  WHICH  PARTIES  MAY  ENGAGE  IN
 MOTION PRACTICE IN ALL ADMINISTRATIVE PROCEDURES;
   C.  FOR ALL ACTIVE ADMINISTRATIVE PROCEDURES, PROVIDE FOR AN AUTOMATIC
 STAY IN ANY HOUSING COURT  PROCEEDING  IN  WHICH  THE  RESIDENT  IS  THE
 RESPONDENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03127-01-3

 S. 1904                             2
 
   D. PROVIDE FOR THE RIGHT TO A STAY UNTIL ANY UNDERLYING CRIMINAL COURT
 PROCEEDING  IS  RESOLVED  IN  ALL  ADMINISTRATIVE  PROCEDURES  INVOLVING
 ALLEGED CRIMINAL ACTIVITY OR NON-DESIRABILITY;
   E. REQUIRE THAT ALL HEARINGS:
   (I) ARE CONDUCTED ACCORDING TO NEW YORK STATE RULES OF EVIDENCE;
   (II)  ARE  HELD  BEFORE  AN  IMPARTIAL HEARING OFFICER APPOINTED AFTER
 REVIEW AND APPROVAL BY RESIDENTS; AND
   (III) RESULT IN A WRITTEN DECISION, WHICH THE AUTHORITY SHALL  PROVIDE
 TO  THE  RESIDENT  OR  APPLICANT  WITHIN THIRTY DAYS OF THE HEARING, AND
 WHICH SHALL BE INCLUDED IN REDACTED FORM IN AN ELECTRONICALLY SEARCHABLE
 PUBLIC DATABASE MAINTAINED BY THE AUTHORITY; AND
   F. REQUIRE THE AUTHORITY TO  ALLOW  RESIDENTS  TO  SUBMIT  AND  PURSUE
 GRIEVANCES REGARDLESS OF WHETHER THEY ARE CURRENT ON RENT.
   § 2. This act shall take effect immediately.

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