S T A T E O F N E W Y O R K
________________________________________________________________________
5570
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. V. LOPEZ, DIAZ, TOWNS, PERRY -- Multi-Sponsored
by -- M. of A. BRENNAN, DESTITO, PHEFFER, P. RIVERA -- read once and
referred to the Committee on Housing
AN ACT to amend the public housing law, in relation to providing for a
demonstration program for the selection of public housing tenants by a
board of tenants
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 article
12-A to read as follows:
ARTICLE XII-A
PUBLIC HOUSING TENANT BOARD DEMONSTRATION PROGRAM
SECTION 310. SHORT TITLE.
311. LEGISLATIVE FINDINGS.
312. DEFINITIONS.
313. DESIGNATION OF PUBLIC HOUSING AUTHORITIES TO PARTICIPATE IN
PROGRAM.
314. APPLICATIONS AND PROGRAM REQUIREMENTS.
315. TENANT SELECTION STANDARDS AND COMPLIANCE WITH ANTIDISCRIM-
INATION LAWS.
316. ADMINISTRATIVE REVIEW.
317. REMOVAL AND REPLACEMENT OF TENANT BOARD MEMBERS.
S 310. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "PUBLIC HOUSING TENANT BOARD DEMONSTRATION PROGRAM".
S 311. LEGISLATIVE FINDINGS. IT IS HEREBY DECLARED AND FOUND THAT
AMONG THE MAJOR PROBLEMS FACING TENANTS LIVING IN MANY NEW YORK STATE
PUBLIC HOUSING PROJECTS IS THE PRESENCE OF CRIME AND THE LACK OF TENANT
INPUT INTO THE COMPOSITION OF THEIR HOUSING DEVELOPMENT; THAT PUBLIC
HOUSING TENANTS HAVE THE DESIRE AND ABILITY TO EFFECTIVELY PARTICIPATE
IN THE TENANT SELECTION PROCESS; THAT TENANT MANAGEMENT PROGRAMS WHICH
HAVE BEEN INITIATED IN OTHER STATES INDICATE THAT SUCH TENANT PARTIC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08841-01-9
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IPATION IN THE SELECTION PROCESS CAN CONTRIBUTE TO THE REDUCTION OF
CRIME AND THE CREATION OF A SAFER AND MORE STABLE ENVIRONMENT IN WHICH
PUBLIC HOUSING TENANTS CAN RAISE THEIR FAMILIES; AND THAT NEW YORK STATE
SHOULD INITIATE A DEMONSTRATION PROGRAM TO DETERMINE THE BENEFITS OF
SUCH TENANT PARTICIPATION IN STATE-ASSISTED PUBLIC HOUSING PROJECTS IN
THIS STATE.
S 312. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. THE TERM "PUBLIC HOUSING AUTHORITY" MEANS A MUNICIPAL HOUSING
AUTHORITY CREATED OR CONTINUED PURSUANT TO ARTICLE THIRTEEN OF THIS
CHAPTER WHICH OWNS OR OPERATES ONE OR MORE STATE PROJECTS AS DEFINED IN
SECTION THREE OF THIS CHAPTER.
2. THE TERM "PUBLIC HOUSING PROJECT" MEANS A STATE PROJECT AS DEFINED
IN SECTION THREE OF THIS CHAPTER.
3. THE TERM "TENANT BOARD" MEANS A PUBLIC HOUSING TENANT BOARD ESTAB-
LISHED PURSUANT TO THIS ARTICLE.
4. THE TERM "PERSONS OR FAMILIES BEING CONSIDERED FOR ADMISSION TO A
PUBLIC HOUSING PROJECT" MEANS ANY PERSON LISTED ON AN APPLICATION FOR
TENANCY IN A HOUSING PROJECT OWNED OR OPERATED BY A PUBLIC HOUSING
AUTHORITY, OR THE SPOUSE OR CHILD OF ANY PERSON SO LISTED PROVIDED THAT
SUCH CHILD IS LESS THAN TWENTY-SIX YEARS OF AGE.
S 313. DESIGNATION OF PUBLIC HOUSING AUTHORITIES TO PARTICIPATE IN
PROGRAM. THE COMMISSIONER, IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE, SHALL DESIGNATE AT LEAST TWO AND NO MORE THAN SIX PUBLIC HOUS-
ING AUTHORITIES AS PARTICIPANTS IN THIS PUBLIC HOUSING TENANT BOARD
DEMONSTRATION PROGRAM. AT LEAST ONE OF THE PUBLIC HOUSING AUTHORITIES
DESIGNATED SHALL BE EITHER THE NEW YORK CITY HOUSING AUTHORITY OR AN
AUTHORITY CREATED IN A MUNICIPALITY LOCATED IN THE COUNTIES OF NASSAU,
SUFFOLK, WESTCHESTER OR ROCKLAND, AND AT LEAST ONE SHALL BE AN AUTHORITY
CREATED IN A MUNICIPALITY LOCATED ELSEWHERE IN THE STATE.
S 314. APPLICATIONS AND PROGRAM REQUIREMENTS. 1. TO BE DESIGNATED AS A
PARTICIPANT IN THIS DEMONSTRATION PROGRAM, A PUBLIC HOUSING AUTHORITY
SHALL SUBMIT AN APPLICATION TO THE COMMISSIONER AT SUCH TIME, IN SUCH
MANNER AND ACCOMPANIED BY SUCH INFORMATION AS THE COMMISSIONER MAY
REASONABLY REQUIRE.
2. THE COMMISSIONER SHALL NOT MAKE SUCH A DESIGNATION UNLESS A PUBLIC
HOUSING AUTHORITY HAS SUBMITTED AN APPLICATION WHICH CONTAINS A PLAN
PROVIDING FOR THE FOLLOWING:
A. THE DESIGNATION OF AT LEAST ONE BUT NO MORE THAN THREE PUBLIC HOUS-
ING PROJECTS TO PARTICIPATE IN THIS DEMONSTRATION PROGRAM;
B. THE ESTABLISHMENT OF A TENANT BOARD FOR EACH PUBLIC HOUSING PROJECT
WHICH THE PUBLIC HOUSING AUTHORITY DESIGNATES TO PARTICIPATE IN THIS
DEMONSTRATION PROGRAM, WHICH TENANT BOARD SHALL BE COMPRISED OF TENANTS
WHO RESIDE IN THE PUBLIC HOUSING PROJECT FOR WHICH SUCH BOARD WILL
SELECT TENANTS, AND A METHOD FOR SELECTING TENANT BOARD MEMBERS;
C. AUTHORIZATION FOR SUCH TENANT BOARD TO INTERVIEW AND INVESTIGATE
POTENTIAL TENANTS FOR SUCH PROJECT AND, IN CONSULTATION WITH THE MEMBERS
OF THE PUBLIC HOUSING AUTHORITY, TO DETERMINE THE SELECTION OF TENANTS
FOR SUCH PROJECT; PROVIDED THAT SELECTION OF TENANTS SHALL BE SUBJECT TO
THE STANDARDS ESTABLISHED BY SECTION ONE HUNDRED FIFTY-SIX OF THIS CHAP-
TER AND TO THE ANTIDISCRIMINATION PROVISIONS CONTAINED IN SECTION TWO
HUNDRED TWENTY-THREE OF THIS CHAPTER AND IN ALL OTHER FEDERAL, STATE AND
APPLICABLE LOCAL ANTIDISCRIMINATION LAWS;
D. A METHOD BY WHICH THE PUBLIC HOUSING AUTHORITY MAY REMOVE AND
REPLACE ONE OR MORE TENANT BOARD MEMBERS OR TERMINATE PARTICIPATION OF A
PUBLIC HOUSING PROJECT IN THIS DEMONSTRATION PROGRAM FOR THE REASONS SET
FORTH IN SECTION THREE HUNDRED SEVENTEEN OF THIS ARTICLE; AND
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E. A METHOD TO PROVIDE THAT TENANT BOARD MEMBERS WILL BE MADE FAMILIAR
WITH ALL STATUTORY OR REGULATORY CONFIDENTIALITY REQUIREMENTS, INCLUDING
THOSE UNDER SECTION ONE HUNDRED FIFTY-NINE OF THIS CHAPTER.
3. THE COMMISSIONER SHALL DESIGNATE PUBLIC HOUSING AUTHORITIES TO
PARTICIPATE IN THIS DEMONSTRATION PROGRAM BASED UPON:
A. DEMONSTRATED READINESS TO ACTIVELY PARTICIPATE IN A TENANT BOARD ON
THE PART OF TENANTS IN THE PROJECT OR PROJECTS DESIGNATED BY THE PUBLIC
HOUSING AUTHORITY IN ITS APPLICATION;
B. THE QUALITY OF THE PLAN OF THE PUBLIC HOUSING AUTHORITY, INCLUDING
TECHNICAL ASSISTANCE AND TRAINING TO BE PROVIDED TO THE TENANT BOARD;
PROVIDED THAT SUCH TRAINING SHALL INCLUDE TRAINING IN ALL ANTIDISCRIMI-
NATION AND CONFIDENTIALITY PROVISIONS APPLICABLE TO THE PUBLIC HOUSING
AUTHORITY; AND
C. THE CAPABILITY OF THE PUBLIC HOUSING AUTHORITY TO CARRY OUT THE
PLAN.
4. THE COMMISSIONER MAY PROVIDE TECHNICAL SERVICES AND ASSISTANCE TO
ELIGIBLE APPLICANTS TO COMPLY WITH THE PROVISIONS AND INTENT OF THIS
ARTICLE.
5. THE PUBLIC HOUSING AUTHORITIES SELECTED AS PARTICIPANTS IN THIS
DEMONSTRATION PROGRAM UNDER THIS ARTICLE AND THEIR RESPECTIVE TENANT
BOARDS SHALL MAKE AVAILABLE WHATEVER INFORMATION AS MAY BE REASONABLY
REQUIRED BY THE COMMISSIONER IN ORDER TO ASSESS THE IMPACT AND SUCCESS
OF THE DEMONSTRATION PROGRAM. THE COMMISSIONER SHALL REPORT ON THE
RESULTS OF THE DEMONSTRATION PROGRAMS TO THE GOVERNOR AND THE LEGISLA-
TURE ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TEN.
S 315. TENANT SELECTION STANDARDS AND COMPLIANCE WITH ANTIDISCRIMI-
NATION LAWS. A TENANT BOARD MAY ESTABLISH STANDARDS FOR THE SELECTION OF
TENANTS SUPPLEMENTARY TO THOSE PROMULGATED BY THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL OR ESTABLISHED BY A PUBLIC HOUSING AUTHORITY,
PROVIDING THAT SUCH SUPPLEMENTARY STANDARDS ARE NOT IN CONFLICT WITH THE
STANDARDS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
OR THOSE ESTABLISHED BY THE PUBLIC HOUSING AUTHORITY, ARE NOT ARBITRARY
OR CAPRICIOUS, AND ARE NOT IN VIOLATION OF ANY OTHER LAW OR REGULATION.
SELECTION OF TENANTS BY A TENANT BOARD SHALL BE SUBJECT TO THE ANTIDIS-
CRIMINATION PROVISIONS OF SECTION TWO HUNDRED TWENTY-THREE OF THIS CHAP-
TER AND ALL OTHER FEDERAL, STATE OR APPLICABLE LOCAL ANTIDISCRIMINATION
LAWS, AND A VIOLATION OF ANY SUCH ANTIDISCRIMINATION LAW SHALL SUBJECT A
MEMBER OF SUCH TENANT BOARD TO REMOVAL PURSUANT TO SECTION THREE HUNDRED
SEVENTEEN OF THIS ARTICLE.
S 316. ADMINISTRATIVE REVIEW. IN ANY ADMINISTRATIVE REVIEW OF A DECI-
SION OF A TENANT BOARD, SUCH DECISION SHALL BE GIVEN DEFERENCE UNLESS IT
IS IN VIOLATION OF LAW OR EVIDENCES A PATTERN OF DISCRIMINATION OR FAVO-
RITISM.
S 317. REMOVAL AND REPLACEMENT OF TENANT BOARD MEMBERS. 1. A PUBLIC
HOUSING AUTHORITY PARTICIPATING IN THIS DEMONSTRATION PROGRAM MAY REMOVE
ANY OR ALL MEMBERS OF A TENANT BOARD OR TERMINATE THE PARTICIPATION OF A
PUBLIC HOUSING PROJECT IN THIS DEMONSTRATION PROGRAM IF THE ACTIONS OF A
TENANT BOARD MEMBER OR OF THE ENTIRE BOARD SHOW A PATTERN OF DISCRIMI-
NATION OR FAVORITISM. IN ADDITION, A MEMBER OF A TENANT BOARD SHALL BE
REMOVED IF CONVICTED OF A CRIME AND MAY BE REMOVED FOR GROSS DERELICTION
OF HIS OR HER DUTY AS A TENANT BOARD MEMBER OR FOR BREACH OF THE CONFI-
DENTIALITY REQUIREMENT OF SECTION ONE HUNDRED FIFTY-NINE OF THIS CHAP-
TER. IF ONE OR MORE TENANT BOARD MEMBERS ARE REMOVED FOR ANY OF THE
ABOVE REASONS BUT PARTICIPATION IN THE DEMONSTRATION PROGRAM IS NOT
TERMINATED, THE PUBLIC HOUSING AUTHORITY SHALL TAKE IMMEDIATE STEPS TO
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REPLACE SUCH TENANT BOARD MEMBERS WITH OTHER TENANTS OF THE PUBLIC HOUS-
ING PROJECT.
2. IF A PUBLIC HOUSING AUTHORITY TERMINATES THE PARTICIPATION OF A
PUBLIC HOUSING PROJECT FROM THIS DEMONSTRATION PROGRAM AS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION, SUCH PUBLIC HOUSING AUTHORITY MAY
DESIGNATE A NEW PUBLIC HOUSING PROJECT FOR PARTICIPATION IN THIS DEMON-
STRATION PROGRAM UPON APPLICATION TO, AND APPROVAL OF, THE COMMISSIONER.
S 2. Section 159 of the public housing law, as amended by chapter 559
of the laws of 1997, is amended to read as follows:
S 159. Disclosure of certain information prohibited. Information
acquired by an authority, the division of housing and community renewal
or a municipality or by an officer or employee thereof OR BY A MEMBER OF
A PUBLIC HOUSING TENANT BOARD PURSUANT TO ARTICLE TWELVE-A OF THIS CHAP-
TER from applicants for dwellings in projects of an authority or munici-
pality or other housing programs administered by a housing authority,
municipality or the division of housing and community renewal, or from
tenants of dwellings thereof or from members of the family of any such
applicant or tenant or from employers of such persons or from any third
person, whether voluntarily or by compulsory examination as provided in
this chapter, shall be for the exclusive use and information of the
authority, division of housing and community renewal or municipality OR
THE PUBLIC HOUSING TENANT BOARD in the discharge of its duties under
this chapter and shall not be open to the public nor be used in any
court in any action or proceeding pending therein unless the authority,
division of housing and community renewal, municipality, PUBLIC HOUSING
TENANT BOARD or successor in interest thereof is a party or complaining
witness to such action or proceeding. Notwithstanding the foregoing,
the authority or municipality shall furnish to the commissioner of hous-
ing and community renewal full and complete reports relating to any such
applicant or tenant whenever the commissioner of housing and community
renewal shall request such reports. Also, nothing herein contained
shall operate to prevent an authority or municipality from making full
and complete reports to the commissioner of housing and community
renewal or to the municipality in which an authority operates or to the
federal government or any agency thereof relating to the administration
of this chapter or of any project or relating to any such applicant or
tenant, nor to prohibit an authority or municipality or any government
or agency receiving such information of an authority or municipality,
from publishing statistics or other general information drawn from
information received from such applicants or tenants.
S 3. This act shall take effect immediately.