Senate Bill S9158

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9158
 
                             I N  S E N A T E
 
                               May 11, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 grievance proce-
   dures for proceedings involving the New York City Housing Authority
 
   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
 160 to read as follows:
   § 160. GRIEVANCE PROCEDURE REQUIREMENTS. 1. AS USED IN THIS SECTION:
   A. "ADMINISTRATIVE PROCEDURE" SHALL INCLUDE ANY INFORMAL REVIEW  PROC-
 ESS  OR  HEARING  PROCESS  AVAILABLE BY LAW TO APPLICANTS AND TENANTS TO
 REVIEW OR CHALLENGE A NEW YORK CITY HOUSING AUTHORITY DECISION,  ACTION,
 OR  FAILURE  TO  ACT, INCLUDING ALL IMPARTIAL HEARINGS, GRIEVANCE PROCE-
 DURES, AND TERMINATION OF TENANCY PROCEDURES;
   B. "AUTHORITY" MEANS THE NEW YORK CITY HOUSING AUTHORITY; AND
   C. "HEARING DECISION" MEANS ANY DECISION ISSUED BY A  HEARING  OFFICER
 PURSUANT TO TITLE 24 § 966.57 OF THE CODE OF FEDERAL REGULATIONS; AND
   2. THE AUTHORITY SHALL CREATE POLICIES REGARDING ADMINISTRATIVE PROCE-
 DURES  THAT  CONFORM  WITH  TITLE 42 §§ 13661-13662 OF THE UNITED STATES
 CODE AND ANY RELEVANT GUIDANCE DEVELOPED BY THE  OFFICE  OF  PUBLIC  AND
 INDIAN  HOUSING  OF  THE  UNITED  STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT. SUCH POLICIES SHALL:
   A. REQUIRE THE  AUTHORITY  TO  PROVIDE  ORAL  INTERPRETATION  SERVICES
 THROUGHOUT  THE  ADMINISTRATIVE  PROCEDURE TO ALL LIMITED ENGLISH PROFI-
 CIENT APPLICANTS AND RESIDENTS;
   B. PROVIDE FOR A FORMAL MECHANISM  BY  WHICH  PARTIES  MAY  ENGAGE  IN
 MOTION PRACTICE IN ALL ADMINISTRATIVE PROCEDURES;
   C.  FOR ALL ACTIVE ADMINISTRATIVE PROCEDURES, PROVIDE FOR AN AUTOMATIC
 STAY IN ANY HOUSING COURT  PROCEEDING  IN  WHICH  THE  RESIDENT  IS  THE
 RESPONDENT;
   D. PROVIDE FOR THE RIGHT TO A STAY UNTIL ANY UNDERLYING CRIMINAL COURT
 PROCEEDING  IS  RESOLVED  IN  ALL  ADMINISTRATIVE  PROCEDURES  INVOLVING
 ALLEGED CRIMINAL ACTIVITY OR NON-DESIRABILITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15387-01-2
 S. 9158                             2
 
   E. REQUIRE THAT ALL HEARINGS:
   (I) ARE CONDUCTED ACCORDING TO NEW YORK STATE RULES OF EVIDENCE;
   (II)  ARE  HELD  BEFORE  AN  IMPARTIAL HEARING OFFICER APPOINTED AFTER
 REVIEW AND APPROVAL BY RESIDENTS; AND
   (III) RESULT IN A WRITTEN DECISION, WHICH THE AUTHORITY SHALL  PROVIDE
 TO  THE  RESIDENT  OR  APPLICANT  WITHIN THIRTY DAYS OF THE HEARING, AND
 WHICH SHALL BE INCLUDED IN REDACTED FORM IN AN ELECTRONICALLY SEARCHABLE
 PUBLIC DATABASE MAINTAINED BY THE AUTHORITY; AND
   F. REQUIRE THE AUTHORITY TO  ALLOW  RESIDENTS  TO  SUBMIT  AND  PURSUE
 GRIEVANCES REGARDLESS OF WHETHER THEY ARE CURRENT ON RENT.
   § 2. This act shall take effect immediately.