senate Bill S7554

Amended

Requires the NYC housing authority to provide a notice of opportunity to meet to discuss possible termination of tenancy when an occupant is aged 62 years or older

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 16 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 16 / Jun / 2014
    • PRINT NUMBER 7554A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1568
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2014
    • REFERRED TO HOUSING

Summary

Requires the NYC housing authority to provide a notice of opportunity to meet to discuss possible termination of tenancy when an occupant is aged 62 years or older.

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Bill Details

See Assembly Version of this Bill:
A8818
Versions:
S7554
S7554A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add ยง402-c, Pub Hous L

Sponsor Memo

BILL NUMBER:S7554

TITLE OF BILL: An act to amend the public housing law, in relation to
requiring the New York city housing authority to provide elderly
tenants adequate notice of termination of tenancy proceedings

PURPOSE OR GENERAL IDEA OF BILL: To give elderly NYCHA residents
adequate notice of and ability to respond to termination of tenancy
proceedings.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision (a) of this bill would
require the New York City Housing Authority (NYCHA) to personally
serve a household having a tenant or occupant of record age 62 or
older, and mail to the household unit by certified, first-class mail,
with any termination of tenancy notice (also called a 'notice of
charges'). This termination of tenancy notice would not allow NYHCA to
schedule any termination of tenancy hearing less than 30 days from the
service date of the notice. Subdivision (b) would require that NYCHA
project managers arrange to meet with a household having an elderly
tenant within seven days after service of the termination of tenancy
notice, in order to discuss the termination of tenancy, or, within
fourteen days after personal service, if such extension is so
requested by a tenant.

JUSTIFICATION: While NYCHA has termination of tenancy policies, many
seniors, who have lived in NYCHA housing for decades, have faced
sudden evictions without adequate knowledge about, notice of, or
ability to respond to termination proceedings. Many of NYCHA's elderly
residents suffer from disabilities or illnesses that require them to
employ the aid of family members or legal representatives, or be
provided more time than might otherwise be required to terminate
tenancy. Recognizing that, while NYCHA may pursue legitimate breaches
of tenancy agreements, this bill balances that interest with the fact
that many NYCHA seniors have not been afforded the necessary
opportunity to defend themselves against termination of tenancy
proceedings. Given the serious implications of pushing elderly New
Yorkers out of affordable housing, this bill gives more structure to
termination of tenancy process as applied to seniors.

PRIOR LEGISLATIVE HISTORY: This is a new legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.

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

                                  7554

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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 the New
  York city housing authority to provide elderly tenants adequate notice
  of termination of tenancy proceedings

  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-c to read as follows:
  S  402-C.  TERMINATION OF TENANCY NOTICE. 1. THE NEW YORK CITY HOUSING
AUTHORITY SHALL PERSONALLY SERVE AN ADULT MEMBER OF A HOUSEHOLD HAVING A
LEGAL OCCUPANT OF RECORD AGE SIXTY-TWO OR OLDER, AND MAIL TO THE  HOUSE-
HOLD  UNIT  BY  CERTIFIED,  FIRST-CLASS MAIL, ANY TERMINATION OF TENANCY
NOTICE BEFORE ANY TERMINATION OF TENANCY HEARING.   SUCH TERMINATION  OF
TENANCY  NOTICE SHALL AFFORD SUCH HOUSEHOLD AT LEAST THIRTY DAYS ADVANCE
NOTICE OF THE DATE FIXED FOR A TERMINATION OF TENANCY HEARING.
  2. ANY TERMINATION OF TENANCY NOTICE PERSONALLY SERVED UPON  AN  ADULT
MEMBER OF A HOUSEHOLD HAVING A LEGAL OCCUPANT OF RECORD AGE SIXTY-TWO OR
OLDER,  OR MAILED TO SUCH HOUSEHOLD UNIT BY CERTIFIED, FIRST-CLASS MAIL,
SHALL NOTIFY SUCH TENANTS OF THE  RIGHT  TO  MEET  WITH  AN  APPROPRIATE
AUTHORITY  PROJECT MANAGER, OR AGENT THEREOF, TO DISCUSS THE TERMINATION
OF TENANCY. THE PROJECT MANAGER, OR AGENT THEREOF, SHALL ENSURE THAT  NO
SUCH  MEETING  SHALL  TAKE  PLACE  MORE  THAN  SEVEN DAYS AFTER PERSONAL
SERVICE OF THE TERMINATION OF TENANCY  NOTICE,  PROVIDED,  HOWEVER,  THE
MEETING  MAY  OCCUR  UP  TO  FOURTEEN  DAYS AFTER PERSONAL SERVICE IF SO
REQUESTED BY A TENANT.
  S 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.
                                                           LBD13883-03-4

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