senate Bill S7554A

2013-2014 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 referred to housing
delivered to assembly
passed senate
Jun 18, 2014 ordered to third reading cal.1568
committee discharged and committed to rules
Jun 16, 2014 print number 7554a
amend (t) and recommit to housing, construction and community development
May 15, 2014 referred to housing, construction and community development

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7554 - Bill Details

See Assembly Version of this Bill:
A8818B
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add §402-c, Pub Hous L

S7554 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

S7554A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8818B
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add §402-c, Pub Hous L

S7554A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7554A

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 with notice of opportunity to meet to discuss possible
termination of tenancy

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 and 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7554--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sens.  LANZA, PERKINS -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Housing,
  Construction  and  Community Development -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the public housing law, in relation to requiring the New
  York  city housing authority to provide elderly tenants with notice of
  opportunity to meet to discuss possible termination of tenancy

  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. NOTICE OF PRE-TERMINATION MEETING. 1. WHEN THE NEW YORK  CITY
HOUSING  AUTHORITY MAILS NOTICE OF A PRE-TERMINATION MEETING TO A HOUSE-
HOLD HAVING AN AUTHORIZED OCCUPANT OVER THE AGE OF SIXTY-TWO YEARS, SUCH
AUTHORITY SHALL INCLUDE WITH SUCH NOTICE A NOTIFICATION THAT THE  TENANT
LESSEE  HAS THE OPPORTUNITY TO MEET WITH THE PROPERTY MANAGER, OR HIS OR
HER DESIGNEE, TO DISCUSS  THE  POSSIBLE  TERMINATION  OF  TENANCY.  SUCH
NOTICE SHALL BE MAILED TO SUCH HOUSEHOLDS BY CERTIFIED AND REGULAR MAIL.
  2.  THE  PROPERTY  MANAGER, OR HIS OR HER DESIGNEE, SHALL SCHEDULE THE
PRE-TERMINATION MEETING NO MORE THAN SEVEN DAYS AFTER THE DATE OF  MAIL-
ING  OF  THE  NOTICE OF PRE-TERMINATION MEETING; PROVIDED, HOWEVER, THAT
THE MEETING MAY OCCUR UP TO FOURTEEN DAYS AFTER THE DATE OF  MAILING  IF
SO  REQUESTED  BY  A TENANT LESSEE. SUCH PRE-TERMINATION NOTICE SHALL BE
MAILED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE FIXED FOR A  TERMINATION
OF  TENANCY  HEARING  BEFORE A HEARING OFFICER, EXCEPT THAT THE NEW YORK
CITY HOUSING AUTHORITY MAY GIVE NOT LESS THAN FIFTEEN DAYS NOTICE BEFORE
THE DATE FIXED FOR A TERMINATION OF TENANCY  HEARING  BEFORE  A  HEARING
OFFICER IF THE CHARGES ARE BASED ON NON-DESIRABILITY.
  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.
                                                           LBD13883-08-4

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