Senate Bill S119

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

                                   119

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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 enacting the
  "public housing safety and security act of 2009"

  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 12-A
                   PUBLIC HOUSING SAFETY AND SECURITY
SECTION 310. SHORT TITLE.
        311. LEGISLATIVE FINDINGS.
        312. AUTHORITY TO ISSUE GRANTS.
        313. ELIGIBLE ACTIVITIES.
        314. APPLICATIONS.
        315. PERIODIC SAFETY INSPECTIONS.
        316. ANNUAL REPORT.
  S 310. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "PUBLIC HOUSING SAFETY AND SECURITY ACT OF 2009".
  S  311.  LEGISLATIVE  FINDINGS. 1. (A) THE STATE HAS A DUTY TO PROVIDE
PUBLIC HOUSING THAT IS DECENT, SAFE, SECURE AND FREE FROM CRIME;
  (B) THOSE WHO LIVE IN PUBLIC HOUSING PROJECTS IN MANY  AREAS  OF  THIS
STATE  SUFFER FROM RAMPANT CRIME, INCLUDING BREAK-INS, LARCENY, ROBBERY,
BURGLARY AND RAPE;
  (C) DRUG DEALERS ARE INCREASINGLY IMPOSING A REIGN OF TERROR ON PUBLIC
HOUSING TENANTS; THE INCREASE IN DRUG-RELATED CRIME NOT  ONLY  LEADS  TO
MURDERS, MUGGINGS, AND OTHER FORMS OF VIOLENCE AGAINST TENANTS, BUT ALSO
TO A DETERIORATION OF THE PHYSICAL ENVIRONMENT THAT REQUIRES SUBSTANTIAL
GOVERNMENT EXPENDITURES; AND

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

                                                           LBD01984-01-9

S. 119                              2

  (D) LOCAL LAW ENFORCEMENT AUTHORITIES OFTEN LACK THE RESOURCES TO DEAL
WITH  THE CONSTANT SURVEILLANCE AND PATROLLING IN PUBLIC HOUSING PARTIC-
ULARLY IN LIGHT OF THE RECENT REDUCTIONS IN FEDERAL AID TO CITIES.
  2.  RECENT EVENTS AT CERTAIN HOUSING PROJECTS, PARTICULARLY THE TILDEN
HOUSING  PROJECTS IN BROOKLYN DEMONSTRATE THAT THESE ISSUES ARE SERIOUS,
PRESSING AND IN NEED OF IMMEDIATE ATTENTION.
  S 312. AUTHORITY TO ISSUE GRANTS. THE DIVISION, IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, MAY ISSUE GRANTS TO PUBLIC HOUSING  AUTHORI-
TIES  OR  AGENCIES  FOR  USE  IN  IMPROVING  SECURITY  IN PUBLIC HOUSING
PROJECTS.
  S 313. ELIGIBLE ACTIVITIES. A PUBLIC HOUSING AUTHORITY OR  AGENCY  MAY
USE A GRANT UNDER THIS ARTICLE FOR:
  1. THE EMPLOYMENT OF SECURITY PERSONNEL IN PUBLIC HOUSING PROJECTS;
  2.  REIMBURSEMENT  OF  LOCAL  LAW  ENFORCEMENT AGENCIES FOR ADDITIONAL
SECURITY AND PROTECTIVE SERVICES FOR PUBLIC HOUSING PROJECTS;
  3. PHYSICAL IMPROVEMENTS IN PUBLIC HOUSING PROJECTS WHICH ARE  SPECIF-
ICALLY DESIGNED TO ENHANCE SECURITY;
  4. TRAINING, COMMUNICATIONS EQUIPMENT, AND OTHER RELATED EQUIPMENT FOR
USE  BY  VOLUNTARY  PUBLIC  HOUSING TENANT PATROLS ACTING IN COOPERATION
WITH LOCAL LAW ENFORCEMENT OFFICIALS;
  5. PROVIDING FUNDING TO NONPROFIT PUBLIC HOUSING  RESIDENT  MANAGEMENT
CORPORATIONS  AND TENANT COUNCILS TO DEVELOP SECURITY PROGRAMS INVOLVING
SITE RESIDENTS; AND
  6. PURCHASE AND INSTALLATION OF CAMERAS  THROUGHOUT  PUBLIC  AREAS  OF
PUBLIC HOUSING BUILDINGS.
  S  314.  APPLICATIONS.  1.  TO  RECEIVE  A GRANT UNDER THIS ARTICLE, A
PUBLIC HOUSING AUTHORITY OR AGENCY SHALL SUBMIT AN  APPLICATION  TO  THE
COMMISSIONER AT SUCH TIME, IN SUCH MANNER, AND ACCOMPANIED BY SUCH ADDI-
TIONAL  INFORMATION  AS  THE  COMMISSIONER  MAY REASONABLY REQUIRE. SUCH
APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, A PLAN FOR  ADDRESSING
SECURITY CONCERNS/ISSUES AT THE REQUESTING PUBLIC AUTHORITY OR AGENCY.
  2.  THE  COMMISSIONER  SHALL  APPROVE  APPLICATIONS UNDER THIS ARTICLE
BASED UPON:
  (A) THE EXTENT OF THE CRIME PROBLEM IN THE FACILITIES  OF  THE  PUBLIC
HOUSING PROJECT;
  (B)  THE QUALITY OF THE PLAN OF THE PUBLIC HOUSING AUTHORITY OR AGENCY
TO ADDRESS SECURITY CONCERNS IN THE PUBLIC HOUSING PROJECT OR PROJECTS;
  (C) THE CAPABILITY OF THE PUBLIC HOUSING AUTHORITY OR AGENCY TO  CARRY
OUT THE PLAN; AND
  (D)  THE  EXTENT  TO  WHICH  THE  LOCAL GOVERNMENT AND LOCAL COMMUNITY
SUPPORT THE ANTI-CRIME ACTIVITIES OF THE  PUBLIC  HOUSING  AUTHORITY  OR
AGENCY.
  S  315.  PERIODIC  SAFETY  INSPECTIONS. PERIODIC SAFETY INSPECTIONS BY
DIVISION AGENTS OR EMPLOYEES OF PUBLIC HOUSING UNITS ARE REQUIRED.  SUCH
INSPECTIONS  SHALL  OCCUR  TWICE PER YEAR AND ENSURE THAT PUBLIC HOUSING
UNITS COMPORT WITH (1) LEAD PAINT REGULATIONS; (2) HAVE  SUFFICIENT  AND
OPERATIONAL  LOCKING  DOORS;  (3) ENTRANCES AND DOORWAYS INTO AND OUT OF
BUILDINGS ARE SECURE AND STRUCTURALLY SOUND; (4) WINDOWS IN PUBLIC AREAS
HAVE ADEQUATE LOCKING DEVICES THAT WORK; AND (5) SUCH OTHER AND  FURTHER
INSPECTION  AS  IS  DEEMED  NECESSARY  BY THE DIVISION. THE AGENCY SHALL
DEVELOP REGULATIONS SUFFICIENT TO EFFECT INSPECTIONS  PURSUANT  TO  THIS
SECTION.
  S  316.  ANNUAL  REPORT. THE DIVISION SHALL SUBMIT AN ANNUAL REPORT TO
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
BLY, MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEM-
BLY,  INCLUDING,  BUT  NOT LIMITED TO, OUTLINING THE STATE OF SAFETY AND

S. 119                              3

SECURITY AT PUBLIC HOUSING UNITS THROUGHOUT THE STATE;  SPECIFIC  BUILD-
INGS  THAT  HAVE  FAILED  DIVISION INSPECTION; VIOLATIONS; AND NUMBER OF
CRIMES THAT HAVE OCCURRED AT EACH PROJECT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.