S T A T E O F N E W Y O R K
________________________________________________________________________
4054
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Housing
AN ACT to amend the public housing law, in relation to requiring the New
York city housing authority to address certain repairs within thirty
days after receipt of a written notice to management
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-g to read as follows:
§ 402-G. REPAIRS; WRITTEN NOTICE. 1. FOR THE PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AUTHORITY" SHALL MEAN THE NEW YORK CITY HOUSING AUTHORITY.
(B) "DEPARTMENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT.
2. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
AUTHORITY SHALL REPAIR OR CAUSE TO BE REPAIRED ANY CONDITIONS THAT IT
WOULD OTHERWISE HAVE A DUTY TO REPAIR UNDER LAW IF IT WERE A PRIVATE
LANDLORD, WITHIN THIRTY DAYS OF RECEIPT BY THE PROPERTY MANAGER OF WRIT-
TEN NOTICE OF SUCH CONDITIONS IN NEED OF REPAIRS. SUCH WRITTEN NOTICE
SHALL BE PROVIDED TO THE PROPERTY MANAGER IN A MANNER CONSISTENT WITH
RULES AND REGULATIONS PROMULGATED FOR SUCH PURPOSE BY THE AUTHORITY IN
CONJUNCTION WITH THE DEPARTMENT.
3. A TENANT OR AN AUTHORIZED MEMBER OF A TENANT HOUSEHOLD OF A UNIT
OWNED OR OPERATED BY THE AUTHORITY MAY REPORT A VIOLATION OF SUBDIVISION
TWO OF THIS SECTION BY THE AUTHORITY TO THE DEPARTMENT. UPON RECEIPT OF
A REPORT OF A VIOLATION OF SUBDIVISION TWO OF THIS SECTION BY THE
AUTHORITY, THE DEPARTMENT SHALL ISSUE TO THE AUTHORITY A MANDATORY ORDER
TO REPAIR THE CONDITIONS UPON WHICH SUCH VIOLATION IS PREDICATED. AFTER
FIFTEEN DAYS OF THE ISSUANCE OF SUCH MANDATORY ORDER TO REPAIR, THE
DEPARTMENT SHALL INSPECT SUCH REPORTED VIOLATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06842-01-3
A. 4054 2
4. A TENANT OF A UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION MAY
CHOOSE TO REPAIR A CONDITION THAT THE AUTHORITY OTHERWISE HAS A DUTY TO
REPAIR UNDER LAW. BEFORE BEGINNING SUCH REPAIR, SUCH TENANT SHALL NOTIFY
THE PROPERTY MANAGER OF THE PROJECT WHEREIN SUCH TENANT RESIDES OF SUCH
TENANT'S INTENT TO REPAIR SUCH CONDITIONS. SUCH TENANT SHALL KEEP AN
ACCURATE RECORD OF EXPENSES INCURRED BY REPAIRING SUCH CONDITIONS AND
SHALL EITHER: (A) BE ENTITLED TO PAYMENT FROM THE AUTHORITY OF SUCH
AMOUNT, WITHIN FIFTEEN DAYS OF NOTICE TO THE AUTHORITY OF SUCH EXPENSES
INCURRED, OR (B) BE ENTITLED TO DEDUCT SUCH AMOUNT FROM FUTURE RENT OWED
TO THE AUTHORITY.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CONDITION IN
NEED OF REPAIR CAUSED BY A TENANT OF A UNIT COVERED BY THIS SECTION, OR
BY A PERSON OR PERSONS UNDER SUCH TENANT'S DIRECTION OR CONTROL.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.