S T A T E   O F   N E W   Y O R K
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                                   4887
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. DIAZ, MONTGOMERY -- read twice and ordered printed,
   and when printed to be committed 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:
   § 224. SENIOR TENANTS' ADVOCATE. 1. BUREAU ESTABLISHED. THERE IS HERE-
 BY ESTABLISHED WITHIN THE OFFICE FOR THE AGING A BUREAU  OF  THE  SENIOR
 TENANTS' ADVOCATE FOR THE PURPOSE OF ASSISTING SENIOR TENANTS IN RESOLV-
 ING 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 STATE SENIOR TENANTS' ADVOCATE TO ADMINISTER AND SUPERVISE THE  BUREAU
 OF THE SENIOR TENANTS' ADVOCATE. THE SENIOR TENANTS' ADVOCATE SHALL:
   (A) BE AN EMPLOYEE OF THE OFFICE FOR THE AGING;
   (B)  BE  SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE AND EXPERIENCE
 IN LANDLORD AND TENANT LAW AND WITH OTHER QUALIFICATIONS APPROPRIATE FOR
 THE POSITION;
   (C) HAVE THE AUTHORITY TO APPOINT ONE  OR  MORE  AUTHORIZED  REPRESEN-
 TATIVES TO ASSIST THE SENIOR TENANTS' ADVOCATE IN THE PERFORMANCE OF HIS
 OR  HER  DUTIES UNDER THIS SECTION AND, IF NECESSARY, PERFORM THE DUTIES
 OF THE SENIOR TENANTS' ADVOCATE ON HIS OR HER BEHALF; AND
   (D) REPORT DIRECTLY TO THE DIRECTOR OF THE OFFICE FOR THE AGING.
   3. DUTIES OF THE SENIOR TENANTS' ADVOCATE.  THE SENIOR TENANTS'  ADVO-
 CATE SHALL:
   (A)  IDENTIFY AND ASSIST IN THE RESOLUTION OF COMPLAINTS THAT ARE MADE
 BY, OR ON BEHALF OF, SENIOR TENANTS IN THIS STATE  AND  THAT  RELATE  TO
 ACTIONS,  INACTIONS,  OR DECISIONS THAT MAY ADVERSELY AFFECT THE HOUSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07235-01-7

 S. 4887                             2
 
 AND RESIDENCY RIGHTS OF SUCH SENIOR TENANTS, IN ACCORDANCE  WITH  PROCE-
 DURES ESTABLISHED BY THE SENIOR TENANTS' ADVOCATE BY MAKING REFERRALS TO
 THE  APPROPRIATE AGENCY OR AGENCIES THAT MAY BEST ADDRESS THE COMPLAINTS
 OF THE SENIOR CITIZEN TENANTS;
   (B)  PROVIDE  INFORMATION  REGARDING  PROGRAMS  AND  AGENCIES THAT CAN
 ASSIST SENIOR TENANTS IN RESOLVING THEIR COMPLAINTS;
   (C) ANALYZE AND MONITOR THE DEVELOPMENT AND IMPLEMENTATION OF FEDERAL,
 STATE, AND LOCAL LAWS, REGULATIONS, OR  POLICIES  WITH  RESPECT  TO  THE
 ADEQUACY OF HOUSING MATTERS FOR SENIOR TENANTS WITHIN THE STATE; AND
   (D)  CARRY  OUT  SUCH OTHER ACTIVITIES AS THE SENIOR TENANTS' ADVOCATE
 DETERMINES TO BE APPROPRIATE PURSUANT TO PERTINENT STATE LAWS AND  REGU-
 LATIONS.
   4.  REVIEW  OF  COMPLAINT.  UPON  RECEIPT  OF  A COMPLAINT, THE SENIOR
 TENANTS' ADVOCATE SHALL DETERMINE IMMEDIATELY WHICH AGENCY WOULD BE MOST
 APPROPRIATE FOR THE PURPOSES OF FORWARDING SUCH  COMPLAINT.  THE  SENIOR
 TENANTS' ADVOCATE SHALL THEN FORWARD THE COMPLAINT AND INFORM THE TENANT
 MAKING THE COMPLAINT WHERE HIS OR HER COMPLAINT WAS FORWARDED.
   5.  RECORDS.  THE SENIOR TENANTS' ADVOCATE SHALL MAINTAIN SUCH RECORDS
 AS ARE DETERMINED NECESSARY BY THE OFFICE FOR THE AGING. ANY STATE AGEN-
 CY RECEIVING A COMPLAINT PURSUANT TO THIS SUBDIVISION SHALL PROVIDE  THE
 SENIOR  TENANTS'  ADVOCATE  WITH  WRITTEN  NOTICE OF THE RECEIPT OF SUCH
 COMPLAINT.
   6. 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 REFERRAL, OR AGAINST ANY OTHER PERSON WHO
 HAS GIVEN OR PROVIDED OR IS TO GIVE OR PROVIDE ANY STATEMENTS,  TESTIMO-
 NY,   OTHER  EVIDENCE,  OR  COOPERATION  IN  CONNECTION  WITH  ANY  SUCH
 COMPLAINT.
   7. REGULATIONS. THE DIRECTOR OF THE OFFICE FOR THE AGING IS AUTHORIZED
 TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   8. ANNUAL REPORT. THE STATE SENIOR TENANTS' ADVOCATE SHALL  SUBMIT  AN
 ANNUAL  REPORT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 THE SPEAKER 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.
   § 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.