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This entry was published on 2024-10-04
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SECTION 402-E
Disruption of vital services
Public Housing (PBG) CHAPTER 44-A, ARTICLE 13, TITLE 1
§ 402-e. Disruption of vital services. 1. * (a) In order to ensure
compliance and enforcement of the New York city housing authority's duty
to provide heat, water, electricity and elevator service, the New York
city housing authority shall publish information regarding reported
disruptions in such services, the length of such disruptions and the
steps taken to restore services. Starting on May first, two thousand
twenty, the New York city housing authority shall publish such
information on its website. For six months after the original
publication date, the New York city housing authority shall retain such
information on its website.

* NB Effective until March 26, 2025

* (a) In order to ensure compliance and enforcement of the New York
city housing authority's duty to provide heat, water, electricity, gas,
where provided and elevator service, the New York city housing authority
shall publish information regarding reported disruptions in such
services, the length of such disruptions and the steps taken to restore
services and shall remedy interruptions of gas service in accordance
with subdivision five of this section. Starting on May first, two
thousand twenty, the New York city housing authority shall publish such
information on its website. For six months after the original
publication date, the New York city housing authority shall retain such
information on its website.

* NB Effective March 26, 2025

(b) When a public utility or local, state or federal agency advises
the New York city housing authority that certain residents of such
authority should avoid the use of water for drinking or cooking, such
authority shall provide written notice, in electronic and paper form, of
such advice to the indicated residents and the resident association
president or other formally recognized resident leader for the indicated
development as soon as practical but no later than twenty-four hours
after such authority has received such advice.

1-a. The New York city housing authority shall establish appropriate
measures, procedures, and guidelines, such as contract requirements and
enforcement mechanisms, to ensure that all of its contractors and
subcontractors, when collecting or examining water samples on behalf of
such authority, comply with all federal, state, and local laws, rules,
and regulations applicable to such collection or examination, including
the provisions of section five hundred two of the public health law.

2. No later than April first, two thousand twenty, the New York city
housing authority shall meet with representatives of the housing part of
the New York city civil court, a representative of public housing
tenants from each borough in the city of New York, and a representative
of a legal services provider with experience representing public housing
tenants in the housing part of the New York city civil court, in order
to review and comment on the New York city housing authority's proposed
additions to its website as described in subdivision one of this
section.

3. Nothing in this section shall be deemed to limit or modify the
manner in which a tenant may report unscheduled interruption in services
to their particular unit when not associated with a broader building or
development unscheduled interruption of services, or to limit the
applicability of the warranty of habitability to New York city housing
authority apartments or to limit the authority of the New York city
council to legislate in the area of housing code violations or with
respect to the New York city department of housing preservation and
development.

4. Nothing in this section shall be deemed to limit or modify the
obligation of the department of housing preservation and development to
inspect and verify the existence of conditions of all kinds in the New
York city housing authority.

* 5. (a) The New York city housing authority shall remedy an
interruption of gas service as expeditiously as practicable by applying
for any permits necessary to make repairs, as applicable, and
coordinating with agencies and gas corporations on a plan to restore
such service.

(b) The New York city housing authority shall notify residents
affected by any such interruption of the plan to restore such service
developed pursuant to paragraph (a) of this subdivision by:

(i) Communicating such plan to residents affected by such interruption
as well as the resident association president or other formally
recognized resident leader;

(ii) Regularly scheduling meetings to update residents affected by
such interruption, as well as the resident association president or
other formally recognized resident leader, about the progress made on
such plan; and

(iii) Posting a notice in the lobby of the building affected by such
interruption describing the interruption and estimating the date on
which service by the gas corporation shall be restored.

* NB Effective March 26, 2025