BILL NUMBER:  S1857

 TITLE OF BILL :

An act to amend the public housing law, in relation to authorizing the
New York city housing authority to promulgate rules and regulations
that are subject to criminal and civil penalties for governing the use
of its playgrounds, recreation areas, and other open spaces


 PURPOSE :

Authorizes the New York city housing authority to promulgate rules and
regulations governing the use of playgrounds, recreation areas, and
other open spaces.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new subdivision 10 to Section 402 of
the Public Housing Law to grant the New York City Housing Authority
(NYCHA) power to adopt rules and regulations relating to the use of
its playgrounds, recreation areas and other open spaces located within
NYCHA projects. The bill would authorize penalties for violations of
such rules and regulations, including criminal penalties of not more
than ninety days imprisonment, a fine of one thousand dollars or both.
The bill authorizes civil penalties of up to ten thousand dollars per
              

violation. Under the bill, NYCHA may recover these penalties in an
action or proceeding in any court of competent jurisdiction. The bill
also provides that before taking effect the rules and regulations
adopted by NYCHA must be filed under section 54 of the public housing
law and with the municipal clerk of the county where NYCHA's principal
office is located. NYCHA is further required to make responsible
efforts to post appropriate signs in specific locations within NYCHA
projects as to the rules and regulations governing conduct at such
locations.

Section 2 provides that the bill shall take effect immediately.

 JUSTIFICATION :

This bill would grant NYCHA authority to promulgate rules and
regulations governing playgrounds, recreation areas and other open
spaces in housing projects similar to those issued by the New York
City Department of Parks and Recreation ("Parks Department") with
respect to similar locations under the jurisdiction of the Parks
Department. The bill would authorize NYCHA to obtain similar penalties
for violations of its rules as those available for violations of rules
governing City parks. Those using NYCHA playgrounds, recreation areas
and other open spaces would be apprised of applicable rules and
regulations governing users of such locations by signage that the bill
requires to be posted at locations governed by the rules and
regulations.  Enactment of this bill would improve the quality of life
in public housing in New York City just as rules and regulations
issued by the Parks Department have improved the quality of life in
City parks. Among other benefits, rules and regulations on closure
would eliminate late night noise and reduce the potential for criminal
activities. While NYCHA has been authorized by the public housing law
to adopt rules and regulations governing conduct on its property, it
has lacked authority to impose specific penalties for violation of
such rules. This bill would resolve this and provide for criminal and
civil penalties similar to those authorized for violation of rules and
regulations promulgated by the Parks Department. Charter, §533 (9).

 LEGISLATIVE HISTORY :

2000 - A10336 - referred to housing
2002 - A2250 - referred to housing
2004 - A2620 - referred to housing
2006 - S4435 - referred to housing
2008 - S2236 - referred to housing

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :
This act shall take effect immediately.