NY State Senate Bill 2019-S6320A

Senate Bill S6320A

Signed By Governor

2019-2020 Legislative Session

Requires a conspicuous memorandum regarding the disruption of vital services

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2019	approval memo.43 signed chap.652
Dec 06, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.674 substituted for a8019a
Jun 19, 2019	referred to ways and means delivered to assembly passed senate
Jun 17, 2019	ordered to third reading cal.1446
Jun 16, 2019	print number 6320a
Jun 16, 2019	amend and recommit to rules
Jun 05, 2019	referred to rules

Votes

- Jun 19, 2019 - Floor Vote
  S6320A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S6320A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S6320 - Details

See Assembly Version of this Bill:: A8019
Law Section:: Public Housing Law
Laws Affected:: Add §402-e, Pub Hous L

2019-S6320 - Summary

Requires a conspicuous memorandum regarding the disruption of vital services for residents of the New York city housing authority detailing a process and timeframe such residents can report such disruption for inspection.

2019-S6320 - Sponsor Memo

                                
 
BILL NUMBER: S6320

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the public housing law, in relation to
requiring a conspicuous memorandum regarding the disruption of vital
services

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure compliance with and enforcement of
the New York City Housing Authority's duty to provide and maintain
essential services such as heat, water, electricity and elevator
service.

 
SUMMARY OF PROVISIONS:

This bill would require, by November 1, 2019, the New York City Housing
Authority (NYCHA) and the New York City Department of Housing, Preserva-
tion & Development (HPD) to develop a memorandum of understanding estab-
lishing a process and timeframes by which NYCHA residents may report
disruptions in essential services affecting multiple units, including

heat, hot or cold water, electricity or elevator service. The bill also
requires HPD to document all inspections and verified lack of services,
and to indicate what level of violation (A, B, or C)  the condition
constitutes.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

NYCHA is the largest public housing authority in the nation, operating
326 developments throughout the five boroughs and housing approximately
400,000 New Yorkers. Recent weather events, along with an estimated $32
billion capital need, have highlighted the substandard conditions NYCHA
tenants continue to endure and the need for additional, accessible
avenues of recourse.

Individual NYCHA tenants can currently make a claim in court upon breach
of the warranty of habitability; however, individual court claims have
proven to be an inefficient method of rectifying the building-wide
outages often reported on NYCHA properties. Furthermore, disparities in
the inspection processes and record-keeping of the city and NYCHA can
make it difficult for courts to verify the existence or severity of
hazardous conditions on NYCHA properties.

This bill would give NYCHA tenants a more accessible, standardized way
to report disruptions in essential services such as heat, hot water or
elevators, and would help make housing court proceedings more efficient
by requiring clear, concise identification of code violations on NYCHA
properties.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6320 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6320
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public housing  law,  in  relation  to  requiring  a
   conspicuous memorandum regarding the disruption of vital services
 
   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-e to read as follows:
   §  402-E.  DISRUPTION OF VITAL SERVICES. 1. IN ORDER TO ENSURE COMPLI-
 ANCE AND ENFORCEMENT OF THE NEW YORK CITY HOUSING  AUTHORITY'S  DUTY  TO
 PROVIDE  AND  MAINTAIN  HEAT, WATER, ELECTRICITY AND ELEVATOR SERVICE TO
 TENANTS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND  THE
 NEW  YORK CITY HOUSING AUTHORITY SHALL DEVELOP AND AGREE TO A MEMORANDUM
 OF  UNDERSTANDING,  TO  BE  PUBLISHED  CONSPICUOUSLY  ON  EACH  AGENCY'S
 WEBSITE,  BY NOVEMBER FIRST, TWO THOUSAND NINETEEN, AND THEREAFTER AMEND
 SUCH MEMORANDUM AND UPDATE SUCH PUBLIC POSTING AS NECESSARY.  SUCH MEMO-
 RANDUM SHALL DEFINE A PROCESS AND TIMEFRAMES BY WHICH RESIDENTS  OF  THE
 NEW  YORK  CITY  HOUSING  AUTHORITY WHO EXPERIENCE A DISRUPTION IN VITAL
 SERVICES AS SPECIFIED IN THIS SUBDIVISION MAY REPORT SUCH DISRUPTION  OF
 SERVICES  TO  THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT FOR
 ITS INSPECTION. A REPORTABLE DISRUPTION SHALL BE DEFINED AS THE UNSCHED-
 ULED INTERRUPTION OF ANY THE FOLLOWING SERVICES:
   (A) HEAT SERVICE;
   (B) HOT OR COLD WATER SERVICE;
   (C) ELECTRICITY SERVICE; OR
   (D) ELEVATOR SERVICE.
   2. ALL INSPECTIONS AND VERIFIED LACK  OF  SERVICES  PURSUANT  TO  THIS
 SECTION  SHALL  BE  DOCUMENTED BY THE DEPARTMENT OF HOUSING PRESERVATION
 AND DEVELOPMENT AND PUBLISHED CONSPICUOUSLY ON  ITS  WEBSITE,  AND  WILL
 INDICATE WHAT LEVEL OF VIOLATION (A, B, OR C) THE CONDITION CONSTITUTES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13085-01-9

 S. 6320                             2
 
   3. TO DEVELOP AND MATERIALLY AMEND THE REQUIRED MEMORANDUM PURSUANT TO
 SUBDIVISION  ONE OF THIS SECTION, THE DEPARTMENT OF HOUSING PRESERVATION
 AND DEVELOPMENT AND THE NEW YORK CITY HOUSING AUTHORITY SHALL  ESTABLISH
 AN  ADVISORY  GROUP TO BE COMPRISED OF EACH AGENCY'S RELEVANT PERSONNEL,
 REPRESENTATIVES OF PUBLIC HOUSING TENANTS FROM EACH BOROUGH, A REPRESEN-
 TATIVE  OF  A  LEGAL  SERVICES  PROVIDER WITH EXPERIENCE IN REPRESENTING
 PUBLIC HOUSING TENANTS IN HOUSING COURT, AND  A  REPRESENTATIVE  OF  ANY
 OTHER  ORGANIZATION OR CITY AGENCY DEEMED NECESSARY BY THE DEPARTMENT OF
 HOUSING PRESERVATION AND DEVELOPMENT  AND  THE  NEW  YORK  CITY  HOUSING
 AUTHORITY.
   4.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO LIMIT OR MODIFY THE
 MANNER IN WHICH A TENANT MAY REPORT UNSCHEDULED INTERRUPTION IN SERVICES
 TO THEIR PARTICULAR UNIT WHEN NOT ASSOCIATED WITH A BROADER BUILDING  OR
 DEVELOPMENT UNSCHEDULED INTERRUPTION OF SERVICES, OR TO LIMIT THE APPLI-
 CABILITY  OF  THE  WARRANTY  OF  HABITABILITY  TO  NEW YORK CITY HOUSING
 AUTHORITY APARTMENTS OR TO LIMIT THE AUTHORITY  OF  THE  NEW  YORK  CITY
 COUNCIL  TO  LEGISLATE  IN  THE  AREA OF HOUSING CODE VIOLATIONS OR WITH
 RESPECT TO THE NEW YORK CITY  DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   5.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO LIMIT OR MODIFY THE
 OBLIGATION OF THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT  TO
 INSPECT  AND  VERIFY THE EXISTENCE OF CONDITIONS OF ALL KINDS IN THE NEW
 YORK CITY HOUSING AUTHORITY.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S6320A (ACTIVE) - Details

See Assembly Version of this Bill:: A8019
Law Section:: Public Housing Law
Laws Affected:: Add §402-e, Pub Hous L

2019-S6320A (ACTIVE) - Summary

2019-S6320A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6320A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the public housing law, in relation to
requiring a conspicuous memorandum regarding the disruption of vital
services

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure compliance with and enforcement of
the New York City Housing Authority's duty to provide and maintain
essential services such as heat, water, electricity and elevator
service.

 
SUMMARY OF PROVISIONS:

This bill would require, by December 1, 2019, the New York City Housing
Authority (NYCHA) to report conspicuously on its website information
regarding disruptions in essential services including heat, hot or cold
water, electricity or elevator service and to retain the information on
its website for six months following original publication.

The bill would also require NYCHA to meet with representatives of the
Housing Part of the New York City Civil Court, public housing tenants
from each borough in the city of New York, and a legal services provider
with experience representing public housing tenants by November 1, 201
9, to review the agency's proposed additions to its website.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

NYCHA is the largest public housing authority in the nation, operating
326 developments throughout the five boroughs and housing approximately
400,000 New Yorkers. Recent weather events, along with an estimated $32
billion capital need, have highlighted the substandard conditions NYCHA
tenants continue to endure and the need for additional, accessible
avenues of recourse.

Individual NYCHA tenants can currently make a claim in court upon breach
of the warranty of habitability; however, individual court claims have
proven to be an inefficient method of rectifying the building-wide
outages often reported on NYCHA properties. Furthermore, disparities in
the inspection processes and record-keeping of the city and NYCHA can
make it difficult for courts to verify the existence or severity of
hazardous conditions on NYCHA properties.

This bill would give NYCHA tenants a more accessible, standardized way
to report disruptions in essential services such as heat, hot water or
elevators, and would help make housing court proceedings more efficient
by requiring clear, concise identification of code violations on NYCHA
properties.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

2019-S6320A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6320--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public  housing law, in relation to requiring a
   conspicuous memorandum regarding the disruption of vital services
 
   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-e to read as follows:
   § 402-E. DISRUPTION OF VITAL SERVICES. 1. IN ORDER TO  ENSURE  COMPLI-
 ANCE  AND  ENFORCEMENT  OF THE NEW YORK CITY HOUSING AUTHORITY'S DUTY TO
 PROVIDE HEAT, WATER, ELECTRICITY AND ELEVATOR SERVICE, THE NEW YORK CITY
 HOUSING  AUTHORITY  SHALL   PUBLISH   INFORMATION   REGARDING   REPORTED
 DISRUPTIONS  IN  SUCH  SERVICES,  THE LENGTH OF SUCH DISRUPTIONS AND THE
 STEPS TAKEN TO RESTORE SERVICES. STARTING ON DECEMBER FIRST,  TWO  THOU-
 SAND  NINETEEN,  THE  NEW YORK CITY HOUSING AUTHORITY SHALL PUBLISH SUCH
 INFORMATION ON ITS WEBSITE. FOR SIX MONTHS AFTER THE  ORIGINAL  PUBLICA-
 TION  DATE, THE NEW YORK CITY HOUSING AUTHORITY SHALL RETAIN SUCH INFOR-
 MATION ON ITS WEBSITE.
   2. NO LATER THAN NOVEMBER FIRST, TWO THOUSAND NINETEEN, THE  NEW  YORK
 CITY  HOUSING  AUTHORITY  SHALL MEET WITH REPRESENTATIVES OF THE HOUSING
 PART OF THE NEW YORK CITY CIVIL COURT, A REPRESENTATIVE OF PUBLIC  HOUS-
 ING  TENANTS  FROM EACH BOROUGH IN THE CITY OF NEW YORK, AND A REPRESEN-
 TATIVE OF A LEGAL SERVICES PROVIDER WITH EXPERIENCE REPRESENTING  PUBLIC
 HOUSING TENANTS IN THE HOUSING PART OF THE NEW YORK CITY CIVIL COURT, IN
 ORDER  TO  REVIEW  AND  COMMENT ON THE NEW YORK CITY HOUSING AUTHORITY'S
 PROPOSED ADDITIONS TO ITS WEBSITE AS DESCRIBED  IN  SUBDIVISION  ONE  OF
 THIS SECTION.
   3.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO LIMIT OR MODIFY THE
 MANNER IN WHICH A TENANT MAY REPORT UNSCHEDULED INTERRUPTION IN SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13085-03-9

 S. 6320--A                          2
 
 TO THEIR PARTICULAR UNIT WHEN NOT ASSOCIATED WITH A BROADER BUILDING  OR
 DEVELOPMENT UNSCHEDULED INTERRUPTION OF SERVICES, OR TO LIMIT THE APPLI-
 CABILITY  OF  THE  WARRANTY  OF  HABITABILITY  TO  NEW YORK CITY HOUSING
 AUTHORITY  APARTMENTS  OR  TO  LIMIT  THE AUTHORITY OF THE NEW YORK CITY
 COUNCIL TO LEGISLATE IN THE AREA OF  HOUSING  CODE  VIOLATIONS  OR  WITH
 RESPECT  TO  THE  NEW  YORK  CITY DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT.
   4. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  LIMIT  OR  MODIFY  THE
 OBLIGATION  OF THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT TO
 INSPECT AND VERIFY THE EXISTENCE OF CONDITIONS OF ALL KINDS IN  THE  NEW
 YORK CITY HOUSING AUTHORITY.
   § 2. This act shall take effect immediately.

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