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

                                  8966

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Aging

AN ACT to amend the elder law, in relation to establishing the bureau of
  the senior tenants' advocate in the state office for the aging

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a  new  section  224  to
read as follows:
  S  224.  SENIOR  TENANTS'  ADVOCATE. 1. BUREAU ESTABLISHED.   THERE IS
HEREBY ESTABLISHED WITHIN THE OFFICE FOR  THE  AGING  A  BUREAU  OF  THE
SENIOR  TENANTS'  ADVOCATE  FOR  THE PURPOSE OF ASSISTING SENIOR CITIZEN
TENANTS IN RESOLVING COMPLAINTS THEY MAY HAVE WITH THE  NEW  YORK  STATE
DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL,  LANDLORD DISPUTES, RENT
INCREASES, AND OTHER HOUSING RELATED MATTERS.
  2. APPOINTMENT OF SENIOR TENANTS' ADVOCATE. THE GOVERNOR SHALL APPOINT
A FULL-TIME STATE SENIOR TENANTS' ADVOCATE TO ADMINISTER  AND  SUPERVISE
THE  BUREAU  OF  THE SENIOR TENANTS' ADVOCATE. SUCH APPOINTMENT SHALL BE
FOR A PERIOD OF FOUR YEARS.
  (A) THE SENIOR TENANTS' ADVOCATE SHALL BE SELECTED FROM AMONG INDIVID-
UALS WITH EXPERTISE AND EXPERIENCE IN LANDLORD AND  TENANT,  AND  SENIOR
CITIZEN  CARE  ADVOCACY, AND WITH OTHER QUALIFICATIONS DETERMINED BY THE
GOVERNOR TO BE APPROPRIATE FOR THE POSITION.
  (B) THE SENIOR TENANTS' ADVOCATE SHALL, PERSONALLY OR THROUGH  AUTHOR-
IZED  REPRESENTATIVES  AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVI-
SION:
  (I) IDENTIFY, INVESTIGATE, AND ASSIST IN THE RESOLUTION OF  COMPLAINTS
THAT  ARE MADE BY, OR ON BEHALF OF, SENIOR CITIZEN TENANTS IN THIS STATE
AND THAT RELATE TO ACTIONS, INACTIONS, OR DECISIONS THAT  MAY  ADVERSELY
AFFECT  THE HOUSING AND RESIDENCY RIGHTS OF SUCH SENIOR CITIZEN TENANTS,
IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SENIOR  TENANTS'  ADVO-
CATE.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS AUTHORIZING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04956-01-9
              

A. 8966                             2

SENIOR TENANTS' ADVOCATE TO INVESTIGATE  FINAL  ADMINISTRATIVE  DETERMI-
NATIONS  MADE  PURSUANT  TO LAW BY ANY STATE AGENCY, WHERE SUCH DETERMI-
NATION HAS BECOME THE SUBJECT OF THE COMPLAINT TO  THE  SENIOR  TENANTS'
ADVOCATE;
  (II)  PROVIDE  SERVICES TO ASSIST SENIOR CITIZEN TENANTS IN PROTECTING
THEIR RIGHTS AS TENANTS, INCLUDING BUT NOT LIMITED TO CONVEYING INFORMA-
TION ABOUT THE INTERESTS OF SENIOR CITIZEN TENANTS TO GOVERNMENTAL AGEN-
CIES AND RECOMMENDING APPROPRIATE ADMINISTRATIVE, LEGAL, AND OTHER REME-
DIES TO PROTECT THEIR RESIDENTIAL STATUS;
  (III) INFORM THE SENIOR  CITIZEN  TENANTS  ABOUT  MEANS  OF  OBTAINING
SERVICES  PROVIDED  BY  PUBLIC  HEALTH, SOCIAL SERVICES, OR OTHER PUBLIC
AGENCIES;
  (IV) ANALYZE AND MONITOR THE DEVELOPMENT AND IMPLEMENTATION OF  FEDER-
AL,  STATE, AND LOCAL LAWS, REGULATIONS, OR POLICIES WITH RESPECT TO THE
ADEQUACY OF HOUSING MATTERS FOR SENIOR CITIZEN TENANTS WITHIN THE STATE;
AND
  (V) CARRY OUT SUCH OTHER ACTIVITIES AS THE  SENIOR  TENANTS'  ADVOCATE
DETERMINES  TO BE APPROPRIATE PURSUANT TO PERTINENT STATE LAWS AND REGU-
LATIONS.
  (C) THE SENIOR TENANTS' ADVOCATE MAY APPOINT ONE  OR  MORE  AUTHORIZED
REPRESENTATIVES  TO  ASSIST THE SENIOR TENANTS' ADVOCATE IN THE PERFORM-
ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
  (D) NO SENIOR TENANTS' ADVOCATE, AUTHORIZED REPRESENTATIVE, OR IMMEDI-
ATE FAMILY MEMBER OF SUCH PERSON SHALL:
  (I) HAVE A DIRECT INVOLVEMENT IN THE LICENSING OR CERTIFICATION  OF  A
SENIOR CITIZEN RESIDENTIAL HOUSING FACILITY OR OF A PROVIDER OF RESIDEN-
TIAL HOUSING TO SENIOR CITIZENS;
  (II)  HAVE AN OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY EQUITY,
DEBT, OR OTHER FINANCIAL RELATIONSHIP) IN  RESIDENTIAL  RENTAL  PROPERTY
PROVIDING HOUSING TO SENIOR CITIZENS;
  (III) BE EMPLOYED BY, OR PARTICIPATE IN THE MANAGEMENT OF, RESIDENTIAL
RENTAL PROPERTY;
  (IV)  RECEIVE  REMUNERATION  (IN CASH OR IN KIND) UNDER A COMPENSATION
ARRANGEMENT WITH AN OWNER OR OPERATOR  OF  RESIDENTIAL  RENTAL  PROPERTY
THAT HAS TENANCIES CONSISTING OF ONE OR MORE SENIOR CITIZENS; AND
  (V) BE EMPLOYED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (E) THE SENIOR TENANTS' ADVOCATE SHALL ESTABLISH WRITTEN PROCEDURES TO
IDENTIFY  AND  REMOVE  CONFLICTS OF INTEREST SET OUT IN PARAGRAPH (D) OF
THIS SUBDIVISION AND SHALL INCLUDE  ACTIONS  THAT  THE  SENIOR  TENANTS'
ADVOCATE  MAY  REQUIRE HIMSELF OR HERSELF, AN AUTHORIZED REPRESENTATIVE,
OR IMMEDIATE FAMILY MEMBER OF EITHER TO TAKE TO REMOVE SUCH CONFLICTS OF
INTEREST.
  (F) THE SENIOR TENANTS' ADVOCATE SHALL REPORT DIRECTLY TO THE DIRECTOR
OF THE OFFICE FOR THE AGING.
  3. REVIEW OF COMPLAINT.  UPON  RECEIPT  OF  A  COMPLAINT,  THE  SENIOR
TENANTS'  ADVOCATE SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASON-
ABLE GROUNDS FOR AN INVESTIGATION. SUCH INVESTIGATION SHALL BE CONDUCTED
IN A MANNER PRESCRIBED IN THE REGULATIONS SET FORTH BY THE  DIRECTOR  OF
THE OFFICE FOR THE AGING.  IF THE SENIOR TENANTS' ADVOCATE OR AUTHORIZED
REPRESENTATIVE  DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF SUCH
COMPLAINT IS MORE SUITABLY HANDLED BY ANOTHER STATE  AGENCY,  THEN  SUCH
SENIOR  TENANTS' ADVOCATE OR AUTHORIZED REPRESENTATIVE SHALL IMMEDIATELY
FORWARD SUCH COMPLAINT TO THE APPROPRIATE AGENCY.  THE  SENIOR  TENANTS'
ADVOCATE  SHALL  MAINTAIN A FILE CONCERNING SUCH COMPLAINTS THROUGH SUCH
AGENCY'S COMPLETION OF ACTION THEREON.

A. 8966                             3

  ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT  TO  THIS  SUBDIVISION
SHALL  PROVIDE  THE  SENIOR TENANTS' ADVOCATE WITH WRITTEN NOTICE OF THE
FINAL DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
  4. RETALIATORY DISCRIMINATION PROHIBITED. NO PERSON SHALL DISCRIMINATE
AGAINST ANY TENANT BECAUSE SUCH TENANT OR ANY PERSON ACTING ON BEHALF OF
SUCH  TENANT  HAS  BROUGHT  OR CAUSED TO BE BROUGHT ANY COMPLAINT TO THE
SENIOR TENANTS' ADVOCATE FOR INVESTIGATION, OR AGAINST ANY OTHER  PERSON
WHO  HAS  GIVEN  OR  PROVIDED  OR  IS TO GIVE OR PROVIDE ANY STATEMENTS,
TESTIMONY, OTHER EVIDENCE, OR COOPERATION IN CONNECTION  WITH  ANY  SUCH
COMPLAINT.
  5.    REGULATIONS. THE DIRECTOR OF THE OFFICE FOR THE AGING IS AUTHOR-
IZED TO PROMULGATE REGULATIONS  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SECTION.
  6.  ANNUAL  REPORT. THE STATE SENIOR TENANTS' ADVOCATE SHALL SUBMIT AN
ANNUAL REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, AND THE DIRECTOR, AND MAKE SUCH REPORT AVAILABLE  TO
THE PUBLIC. SUCH REPORT SHALL:
  (A)  DESCRIBE  THE  ACTIVITIES CARRIED OUT BY THE BUREAU OF THE SENIOR
TENANTS' ADVOCATE DURING THE PRIOR CALENDAR YEAR;
  (B) CONTAIN AND ANALYZE DATA RELATING TO COMPLAINTS  CONCERNING  RESI-
DENTIAL HOUSING FOR SENIOR CITIZEN TENANTS, FOR THE PURPOSE OF IDENTIFY-
ING AND RESOLVING RECURRING PROBLEMS;
  (C)  EVALUATE  THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE BY
OR ON BEHALF OF, SENIOR CITIZEN TENANTS;
  (D) CONTAIN RECOMMENDATIONS FOR:
  (I) APPROPRIATE STATE LEGISLATION, RULES  AND  REGULATIONS  AND  OTHER
ACTION TO PRESERVE AND PROMOTE THE RIGHTS OF SENIOR CITIZEN TENANTS; AND
  (II) IMPROVING PUBLIC AWARENESS OF SENIOR CITIZEN TENANTS' RIGHTS, AND
AVAILABILITY  OF  PUBLIC  ASSISTANCE PROGRAMS TO SENIOR CITIZEN TENANTS;
AND
  (E) ANY OTHER MATTERS THAT THE SENIOR TENANTS' ADVOCATE DETERMINES  TO
BE APPROPRIATE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that any rules or regu-
lations necessary for the timely implementation  of  the  provisions  of
this  act  on  its effective date shall be promulgated on or before such
date.