Assembly Bill A8412D

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8412
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Housing
 
 AN ACT to amend the public housing  law,  in  relation  to  establishing
   succession rights for tenants of New York city housing authority prop-
   erties
 
   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-h to read as follows:
   §  402-H.  SUCCESSION  RIGHTS.  1. THE NEW YORK CITY HOUSING AUTHORITY
 SHALL PROMULGATE REGULATIONS, RULES AND POLICIES WHICH PROVIDE  FOR  THE
 RIGHTS  OF  FAMILY  MEMBERS TO SUCCEED IN CERTAIN CASES TO THE RIGHTS OF
 TENANTS OF PROPERTIES OWNED OR OPERATED BY  THE  AUTHORITY.  SUCH  REGU-
 LATIONS,  RULES AND POLICIES SHALL CONTAIN PROVISIONS WHICH INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE FOLLOWING:
   (A) THAT UNLESS OTHERWISE PROHIBITED BY OCCUPANCY  RESTRICTIONS  BASED
 UPON  INCOME  LIMITATIONS PURSUANT TO FEDERAL, STATE OR LOCAL LAW, REGU-
 LATIONS OR OTHER REQUIREMENTS OF GOVERNMENTAL AGENCIES,  ANY  MEMBER  OF
 THE  TENANT'S  FAMILY,  AS  DEFINED  IN SUBDIVISION TWO OF THIS SECTION,
 SHALL SUCCEED TO THE RIGHTS OF A TENANT UNDER SUCH ACTS AND  LAWS  WHERE
 THE  TENANT  HAS  PERMANENTLY VACATED THE HOUSING ACCOMMODATION AND SUCH
 FAMILY MEMBER HAS RESIDED WITH THE TENANT IN THE  HOUSING  ACCOMMODATION
 AS A PRIMARY RESIDENCE FOR A PERIOD OF NO LESS THAN ONE YEAR, IMMEDIATE-
 LY  PRIOR  TO THE PERMANENT VACATING OF THE HOUSING ACCOMMODATION BY THE
 TENANT, OR FROM THE INCEPTION OF THE  TENANCY  OR  COMMENCEMENT  OF  THE
 RELATIONSHIP,  IF  FOR  LESS THAN SUCH PERIODS. FOR THE PURPOSES OF THIS
 SUBDIVISION, "PERMANENTLY VACATED" SHALL MEAN THE DATE WHEN  THE  TENANT
 OF  RECORD  PERMANENTLY  STOPS  RESIDING  IN  THE  HOUSING ACCOMMODATION
 REGARDLESS OF SUBSEQUENT CONTACTS WITH THE UNIT OR THE SIGNING OF  LEASE
 RENEWALS  OR  CONTINUATION  OF  RENT  PAYMENTS.  THE  MINIMUM PERIODS OF
 REQUIRED RESIDENCY SET FORTH IN THIS PARAGRAPH SHALL NOT BE DEEMED TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13001-02-5
              

 A. 8412                             2
 
 INTERRUPTED BY ANY PERIOD DURING WHICH THE "FAMILY  MEMBER"  TEMPORARILY
 RELOCATES BECAUSE THE FAMILY MEMBER:
   (I) IS ENGAGED IN ACTIVE MILITARY DUTY;
   (II) IS ENROLLED AS A FULL TIME STUDENT;
   (III)  IS  NOT IN RESIDENCE AT THE HOUSING ACCOMMODATION PURSUANT TO A
 COURT ORDER NOT INVOLVING ANY TERM OR PROVISION OF THE  LEASE,  AND  NOT
 INVOLVING  ANY  GROUNDS  SPECIFIED  IN  THE  REAL  PROPERTY  ACTIONS AND
 PROCEEDINGS LAW;
   (IV) IS ENGAGED IN EMPLOYMENT REQUIRING TEMPORARY RELOCATION FROM  THE
 HOUSING ACCOMMODATION;
   (V) IS HOSPITALIZED FOR MEDICAL TREATMENT; OR
   (VI) HAS SUCH OTHER REASONABLE GROUNDS THAT SHALL BE DETERMINED BY THE
 COMMISSIONER UPON APPLICATION BY SUCH PERSON; AND
   (B)  THAT  A  TENANT MAY IN A FORM PRESCRIBED BY THE AUTHORITY, AT ANY
 TIME, ADVISE THE LANDLORD OF, OR A LANDLORD MAY AT ANY TIME BUT NO  MORE
 OFTEN THAN ONCE IN ANY TWELVE MONTHS, REQUEST FROM THE TENANT, THE NAMES
 OF  ALL  PERSONS  OTHER  THAN  THE TENANT WHO IS RESIDING IN THE HOUSING
 ACCOMMODATION, AND THE FOLLOWING INFORMATION PERTAINING TO SUCH PERSONS:
   (I) IF THE PERSON IS A "FAMILY MEMBER" AS DEFINED IN  SUBDIVISION  TWO
 OF THIS SECTION;
   (II)  IF  THE PERSON IS, OR UPON THE PASSAGE OF THE APPLICABLE MINIMUM
 PERIOD OF REQUIRED RESIDENCY, MAY BECOME A PERSON ENTITLED TO  BE  NAMED
 AS  A  TENANT ON A RENEWAL LEASE OR TO PROTECTION FROM EVICTION PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE DATE OF  THE  COMMENCEMENT
 OF SUCH PERSON'S PRIMARY RESIDENCE WITH THE TENANT; AND
   (III)  IF  THE  PERSON IS A "SENIOR CITIZEN" OR A "DISABLED PERSON" AS
 DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   FAILURE OF THE TENANT TO PROVIDE THE  INFORMATION  SPECIFIED  IN  THIS
 PARAGRAPH  TO  THE LANDLORD, REGARDLESS OF WHETHER THE LANDLORD REQUESTS
 THE INFORMATION, SHALL PLACE UPON ALL SUCH PERSONS NOT SO MADE KNOWN  TO
 THE  LANDLORD, WHO SEEK TO EXERCISE THE RIGHT TO BE NAMED AS A TENANT ON
 A RENEWAL LEASE OR THE RIGHT TO PROTECTION FROM EVICTION AS PROVIDED FOR
 IN THIS SUBDIVISION, THE AFFIRMATIVE OBLIGATION TO ESTABLISH SUCH RIGHT.
   2. FOR THE PURPOSES OF THIS SECTION, "FAMILY MEMBER" MEANS  A  SPOUSE,
 CHILD,  STEPCHILD,  PARENT, STEPPARENT, GRANDPARENT, SIBLING, GRANDCHILD
 OR IN-LAW OF THE TENANT; OR ANY OTHER PERSON RESIDING WITH THE TENANT IN
 THE HOUSING ACCOMMODATION AS A PRIMARY RESIDENCE WHO CAN PROVE EMOTIONAL
 AND FINANCIAL COMMITMENT, AND INTERDEPENDENCE BETWEEN  SUCH  PERSON  AND
 THE  TENANT.  ALTHOUGH  NO  SINGLE FACTOR SHALL BE SOLELY DETERMINATIVE,
 EVIDENCE WHICH IS TO BE CONSIDERED IN DETERMINING WHETHER SUCH EMOTIONAL
 AND FINANCIAL COMMITMENT AND INTERDEPENDENCE EXISTED, MAY INCLUDE, WITH-
 OUT LIMITATION, SUCH FACTORS AS LISTED BELOW. IN NO EVENT WOULD EVIDENCE
 OF A SEXUAL RELATIONSHIP BETWEEN SUCH PERSONS BE REQUIRED OR CONSIDERED.
   (A) LONGEVITY OF THE RELATIONSHIP;
   (B) SHARING OF OR RELYING UPON EACH OTHER FOR PAYMENT OF HOUSEHOLD  OR
 FAMILY EXPENSES, OR OTHER COMMON NECESSITIES OF LIFE;
   (C)  INTERMINGLING  OF  FINANCES  AS EVIDENCED BY, AMONG OTHER THINGS,
 JOINT OWNERSHIP OF BANK ACCOUNTS, PERSONAL  AND  REAL  PROPERTY,  CREDIT
 CARDS,  LOAN  OBLIGATIONS,  SHARING  A  HOUSEHOLD BUDGET FOR PURPOSES OF
 RECEIVING GOVERNMENT BENEFITS, OR SUCH OTHER FACTORS AS  MAY  BE  DETER-
 MINED BY REGULATION;
   (D)  ENGAGING  IN  FAMILY-TYPE  ACTIVITIES BY JOINTLY ATTENDING FAMILY
 FUNCTIONS, HOLIDAYS AND CELEBRATIONS,  SOCIAL  AND  RECREATIONAL  ACTIV-
 ITIES, OR SUCH OTHER FACTORS AS MAY BE DETERMINED BY REGULATION;
   (E) FORMALIZING OF LEGAL OBLIGATIONS, INTENTIONS, AND RESPONSIBILITIES
 TO  EACH  OTHER  BY  SUCH  MEANS AS EXECUTING WILLS NAMING EACH OTHER AS
 A. 8412                             3
 
 EXECUTOR OR BENEFICIARY, CONFERRING UPON EACH OTHER A POWER OF  ATTORNEY
 OR  AUTHORITY TO MAKE HEALTH CARE DECISIONS EACH FOR THE OTHER, ENTERING
 INTO A PERSONAL RELATIONSHIP CONTRACT,  MAKING  A  DOMESTIC  PARTNERSHIP
 DECLARATION, OR SERVING AS A REPRESENTATIVE PAYEE FOR PURPOSES OF PUBLIC
 BENEFITS, OR SUCH OTHER FACTORS AS MAY BE DETERMINED BY REGULATION;
   (F)  HOLDING THEMSELVES OUT AS FAMILY MEMBERS TO OTHER FAMILY MEMBERS,
 FRIENDS, MEMBERS OF THE COMMUNITY OR RELIGIOUS INSTITUTIONS, OR  SOCIETY
 IN GENERAL, THROUGH THEIR WORDS OR ACTIONS;
   (G)  REGULARLY  PERFORMING  FAMILY  FUNCTIONS, SUCH AS CARING FOR EACH
 OTHER OR EACH OTHER'S EXTENDED FAMILY  MEMBERS,  OR  RELYING  UPON  EACH
 OTHER FOR DAILY FAMILY SERVICES; AND/OR
   (H)  ENGAGING  IN  ANY  OTHER PATTERN OF BEHAVIOR, AGREEMENT, OR OTHER
 ACTION WHICH EVIDENCES THE INTENTION OF CREATING A LONG-TERM, EMOTIONAL-
 LY-COMMITTED RELATIONSHIP.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8412--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee  on  Housing  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public housing law, in relation to succession rights
   and codifying the remaining family member provisions for New York city
   housing authority properties
 
   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-h to read as follows:
   §  402-H.  SUCCESSION  RIGHTS.  1. THE NEW YORK CITY HOUSING AUTHORITY
 SHALL PROMULGATE REGULATIONS, RULES AND POLICIES WHICH PROVIDE  FOR  THE
 RIGHTS  OF  REMAINING  FAMILY MEMBERS TO SUCCEED IN CERTAIN CASES TO THE
 RIGHTS OF TENANTS OF PROPERTIES OWNED OR OPERATED BY THE AUTHORITY. SUCH
 REGULATIONS, RULES AND POLICIES SHALL CONTAIN PROVISIONS WHICH  INCLUDE,
 BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
   (A)  THAT  UNLESS OTHERWISE PROHIBITED BY OCCUPANCY RESTRICTIONS BASED
 UPON INCOME LIMITATIONS PURSUANT TO FEDERAL, STATE OR LOCAL  LAW,  REGU-
 LATIONS  OR  OTHER  REQUIREMENTS OF GOVERNMENTAL AGENCIES, ANY MEMBER OF
 THE TENANT'S REMAINING FAMILY, AS DEFINED IN  SUBDIVISION  TWO  OF  THIS
 SECTION,  SHALL  SUCCEED  TO  THE RIGHTS OF A TENANT UNDER SUCH ACTS AND
 LAWS WHERE THE TENANT HAS PERMANENTLY VACATED THE HOUSING  ACCOMMODATION
 AND  SUCH  REMAINING  FAMILY  MEMBER  HAS RESIDED WITH THE TENANT IN THE
 HOUSING ACCOMMODATION AS A PRIMARY RESIDENCE FOR A  PERIOD  OF  NO  LESS
 THAN  ONE YEAR, IMMEDIATELY PRIOR TO THE PERMANENT VACATING OF THE HOUS-
 ING ACCOMMODATION BY THE TENANT, OR FROM THE INCEPTION OF THE TENANCY OR
 COMMENCEMENT OF THE RELATIONSHIP, IF FOR LESS THAN SUCH PERIODS. FOR THE
 PURPOSES OF THIS SUBDIVISION, "PERMANENTLY VACATED" SHALL MEAN THE  DATE
 WHEN  THE  TENANT  OF  RECORD  PERMANENTLY STOPS RESIDING IN THE HOUSING
 ACCOMMODATION REGARDLESS OF SUBSEQUENT CONTACTS WITH  THE  UNIT  OR  THE
 SIGNING  OF LEASE RENEWALS OR CONTINUATION OF RENT PAYMENTS. THE MINIMUM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13001-03-5
              

 A. 8412--A                          2
 
 PERIODS OF REQUIRED RESIDENCY SET FORTH IN THIS PARAGRAPH SHALL  NOT  BE
 DEEMED TO BE INTERRUPTED BY ANY PERIOD DURING WHICH THE "REMAINING FAMI-
 LY MEMBER" TEMPORARILY RELOCATES BECAUSE THE FAMILY MEMBER:
   (I) IS ENGAGED IN ACTIVE MILITARY DUTY;
   (II) IS ENROLLED AS A FULL TIME STUDENT;
   (III)  IS  NOT IN RESIDENCE AT THE HOUSING ACCOMMODATION PURSUANT TO A
 COURT ORDER NOT INVOLVING ANY TERM OR PROVISION OF THE  LEASE,  AND  NOT
 INVOLVING  ANY  GROUNDS  SPECIFIED  IN  THE  REAL  PROPERTY  ACTIONS AND
 PROCEEDINGS LAW;
   (IV) IS ENGAGED IN EMPLOYMENT REQUIRING TEMPORARY RELOCATION FROM  THE
 HOUSING ACCOMMODATION;
   (V) IS HOSPITALIZED FOR MEDICAL TREATMENT; OR
   (VI) HAS SUCH OTHER REASONABLE GROUNDS THAT SHALL BE DETERMINED BY THE
 COMMISSIONER UPON APPLICATION BY SUCH PERSON; AND
   (B)  THAT  A  TENANT MAY IN A FORM PRESCRIBED BY THE AUTHORITY, AT ANY
 TIME, ADVISE THE LANDLORD OF, OR A LANDLORD MAY AT ANY TIME BUT NO  MORE
 OFTEN THAN ONCE IN ANY TWELVE MONTHS, REQUEST FROM THE TENANT, THE NAMES
 OF  ALL  PERSONS  OTHER  THAN  THE TENANT WHO IS RESIDING IN THE HOUSING
 ACCOMMODATION, AND THE FOLLOWING INFORMATION PERTAINING TO SUCH PERSONS:
   (I) IF THE PERSON IS A "REMAINING FAMILY MEMBER" AS DEFINED IN  SUBDI-
 VISION TWO OF THIS SECTION;
   (II)  IF  THE PERSON IS, OR UPON THE PASSAGE OF THE APPLICABLE MINIMUM
 PERIOD OF REQUIRED RESIDENCY, MAY BECOME A PERSON ENTITLED TO  BE  NAMED
 AS  A  TENANT ON A RENEWAL LEASE OR TO PROTECTION FROM EVICTION PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE DATE OF  THE  COMMENCEMENT
 OF SUCH PERSON'S PRIMARY RESIDENCE WITH THE TENANT; AND
   (III)  IF  THE  PERSON IS A "SENIOR CITIZEN" AS DEFINED IN SUBDIVISION
 TWO OF THIS SECTION.
   FAILURE OF THE TENANT TO PROVIDE THE  INFORMATION  SPECIFIED  IN  THIS
 PARAGRAPH  TO  THE LANDLORD, REGARDLESS OF WHETHER THE LANDLORD REQUESTS
 THE INFORMATION, SHALL PLACE UPON ALL SUCH PERSONS NOT SO MADE KNOWN  TO
 THE  LANDLORD, WHO SEEK TO EXERCISE THE RIGHT TO BE NAMED AS A TENANT ON
 A RENEWAL LEASE OR THE RIGHT TO PROTECTION FROM EVICTION AS PROVIDED FOR
 IN THIS SUBDIVISION, THE AFFIRMATIVE OBLIGATION TO ESTABLISH SUCH RIGHT.
   2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE NEW  YORK
 CITY  HOUSING AUTHORITY SHALL RECOGNIZE AND APPLY THE FOLLOWING CRITERIA
 AND PROCEDURES FOR SUCCESSION BY REMAINING FAMILY MEMBERS AS FOLLOWS:
   (A) A "REMAINING FAMILY MEMBER" MEANS A PERSON WHO:
   (I) WAS AN AUTHORIZED HOUSEHOLD MEMBER LISTED ON THE LEASE DURING  THE
 TENANCY,  INCLUDING  ORIGINAL  HOUSEHOLD  MEMBERS, MEMBERS ADDED THROUGH
 FAMILY GROWTH, OR INDIVIDUALS GRANTED PERMANENT  WRITTEN  PERMISSION  BY
 NYCHA TO RESIDE IN THE APARTMENT;
   (II) HAS RESIDED CONTINUOUSLY IN THE APARTMENT FOR NO LESS THAN TWELVE
 MONTHS  FROM  THE DATE PERMANENT PERMISSION WAS GRANTED AND FOR AT LEAST
 TWELVE MONTHS IMMEDIATELY PRIOR TO THE  TENANT'S  PERMANENT  VACANCY  OR
 DEATH; AND
   (III)  HAS BEEN INCLUDED ON ALL AFFIDAVITS OF INCOME SUBMITTED FOR THE
 APARTMENT DURING THE RELEVANT RESIDENCY PERIOD.
   (B) TO BE ELIGIBLE TO SUCCEED TO A NEW  YORK  CITY  HOUSING  AUTHORITY
 APARTMENT AS A REMAINING FAMILY MEMBER, THE INDIVIDUAL MUST:
   (I) HAVE THE LEGAL CAPACITY TO ENTER INTO A LEASE AGREEMENT;
   (II)  PASS  ALL REQUIRED CRIMINAL BACKGROUND AND SEX OFFENDER REGISTRY
 SCREENINGS CONSISTENT WITH THE NEW YORK CITY HOUSING AUTHORITY ADMISSION
 STANDARDS;
   (III) PROVIDE VERIFIABLE INCOME AND HOUSEHOLD  INFORMATION  SUFFICIENT
 FOR THE NEW YORK CITY HOUSING AUTHORITY TO CALCULATE RENT; AND
 A. 8412--A                          3
 
   (IV)  AGREE  TO MAKE ALL REQUIRED USE AND OCCUPANCY PAYMENTS AS CALCU-
 LATED BY THE NEW YORK CITY HOUSING AUTHORITY.
   (C)  REMAINING FAMILY SUCCESSORS SHALL NOT BE RESPONSIBLE FOR ANY RENT
 ARREARS OF THE PRIOR TENANT, AND ANY  UNPAID  RENT  OWED  BY  THE  PRIOR
 TENANT  SHALL BE SUBJECT TO THE NEW YORK CITY HOUSING AUTHORITY'S POLICY
 REGARDING WRITE-OFFS.
   (D) FOR SENIOR CITIZEN APARTMENTS WITH AGE REQUIREMENTS,  A  REMAINING
 FAMILY MEMBER MUST MEET ALL OF THE QUALIFICATIONS IN PARAGRAPHS (A), (B)
 AND (C) OF THIS SUBDIVISION AND:
   (I)  MAY  REMAIN  IN THE SENIOR CITIZEN APARTMENT IF THEY MEET THE AGE
 REQUIREMENTS OF THE NEW YORK CITY HOUSING AUTHORITY;
   (II) IF THEY DO NOT MEET THE  AGE  REQUIREMENTS,  MAY  REMAIN  IN  THE
 SENIOR  CITIZEN  APARTMENT  IF  THEY  AGREE THAT THEY SHALL BE OFFERED A
 LEASE FOR THE APARTMENT THEY CURRENTLY OCCUPY UPON SIGNING AN  AGREEMENT
 TO  TRANSFER  TO AN APPROPRIATELY SIZED APARTMENT WITHIN A GENERAL POPU-
 LATION BUILDING.
   (E) IF REQUIRED BY THE NEW YORK  CITY  HOUSING  AUTHORITY'S  OCCUPANCY
 STANDARDS, A REMAINING FAMILY MEMBER HOUSEHOLD QUALIFYING FOR SUCCESSION
 SHALL RELOCATE TO AN APARTMENT OF APPROPRIATE SIZE.
   (F)  NYCHA  SHALL  NOTIFY  ALL PERSONS SEEKING REMAINING FAMILY MEMBER
 STATUS OF THEIR RIGHT TO REQUEST A GRIEVANCE HEARING PURSUANT TO THE NEW
 YORK CITY HOUSING AUTHORITY'S GRIEVANCE PROCEDURES IF THEY  DISPUTE  ANY
 DECISION, ACTION, OR FAILURE TO ACT BY THE NEW YORK CITY HOUSING AUTHOR-
 ITY REGARDING SUCCESSION.
   3.  (A)  THE NEW YORK CITY HOUSING AUTHORITY SHALL ESTABLISH AND MAIN-
 TAIN A GRIEVANCE PROCEDURE FOR  INDIVIDUALS  CLAIMING  REMAINING  FAMILY
 MEMBER  STATUS,  IN  ACCORDANCE WITH ITS POLICIES AND APPLICABLE FEDERAL
 REGULATIONS.
   (B) THE GRIEVANCE PROCEDURE SHALL INCLUDE:
   (I) NOTIFICATION TO THE REMAINING  FAMILY  MEMBER  CLAIMANT  OF  THEIR
 RIGHT  TO  REQUEST A GRIEVANCE IF THEY DISAGREE WITH A DECISION, ACTION,
 OR FAILURE TO ACT BY THE NEW YORK CITY HOUSING AUTHORITY REGARDING THEIR
 SUCCESSION CLAIM;
   (II) AN INITIAL INFORMAL  CONFERENCE  WITH  THE  PROPERTY  MANAGER  TO
 DISCUSS THE REMAINING FAMILY MEMBER CLAIM, DURING WHICH THE CLAIMANT MAY
 PRESENT SUPPORTING DOCUMENTS AND ORAL STATEMENTS;
   (III) IF THE CLAIM IS DENIED, THE OPPORTUNITY FOR THE REMAINING FAMILY
 MEMBER  CLAIMANT  TO APPEAL THE DECISION BY SUBMITTING A WRITTEN REQUEST
 FOR FURTHER ADMINISTRATIVE REVIEW; AND
   (IV) A SUBSEQUENT INFORMAL CONFERENCE WITH A BOROUGH  DESIGNEE  OR  AN
 IMPARTIAL  HEARING  OFFICER,  DEPENDING  ON THE NATURE OF THE DENIAL, TO
 REVIEW THE APPEAL AND MAKE A FINAL DETERMINATION.
   (C) DURING THE GRIEVANCE PROCESS, REMAINING  FAMILY  MEMBER  CLAIMANTS
 ARE  REQUIRED  TO PAY USE AND OCCUPANCY CHARGES, CALCULATED BASED ON THE
 LOWER OF THE PREVIOUS TENANT'S RENT OR THE CLAIMANT'S  VERIFIED  INCOME,
 AS DETERMINED BY THE NEW YORK CITY HOUSING AUTHORITY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8412--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee  on  Housing  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

 AN ACT to amend the public housing law, in relation to succession rights
   for New York city housing authority properties
 
   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-h to read as follows:
   §  402-H.  SUCCESSION  RIGHTS.  1. THE NEW YORK CITY HOUSING AUTHORITY
 INCLUDES, AND SHALL CONTINUE TO INCLUDE, POLICIES AND PROCEDURES  ALLOW-
 ING  INDIVIDUALS  TO  CLAIM SUCCESSION RIGHTS TO PUBLIC HOUSING UNITS IN
 PROPERTIES OWNED AND OPERATED BY THE NEW  YORK  CITY  HOUSING  AUTHORITY
 UPON  THE  PERMANENT DEPARTURE OR DEATH OF THE TENANT OF RECORD FROM THE
 UNIT.
   2. THE NEW YORK CITY HOUSING AUTHORITY SHALL ESTABLISH  WRITTEN  POLI-
 CIES  AND PROCEDURES FOR ASSERTING SUCCESSION RIGHTS CONSISTENT WITH THE
 REQUIREMENTS OF APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,  REGULATIONS,
 AND  GUIDANCE,  AS THEY MAY CHANGE FROM TIME TO TIME. SUCH WRITTEN POLI-
 CIES AND PROCEDURES SHALL ALSO BE CONSISTENT  WITH  THE  NEW  YORK  CITY
 HOUSING  AUTHORITY'S  OCCUPANCY  STANDARDS. SUCH POLICIES AND PROCEDURES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) ELIGIBILITY REQUIREMENTS FOR LEASE SUCCESSION;
   (B) RELOCATION REQUIREMENTS, IF ANY, ARISING OUT OF LEASE SUCCESSION;
   (C) THE REQUIREMENT TO PAY USE AND OCCUPANCY DURING  THE  PENDENCY  OF
 SUCCESSION RIGHTS PROCEEDINGS; AND
   (D)  THE  RIGHT  TO  AN  ADMINISTRATIVE GRIEVANCE OF THE NEW YORK CITY
 HOUSING AUTHORITY'S DENIAL  OF  SUCCESSION  RIGHTS,  PROVIDED  THAT  THE
 GRIEVANT IS UP TO DATE IN USE AND OCCUPANCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13001-04-5
              

 A. 8412--B                          2
 
   3.  THE  NEW YORK CITY HOUSING AUTHORITY SHALL ISSUE NOTICE IN WRITING
 OF SUBSTANTIVE CHANGES TO ITS SUCCESSION RIGHTS POLICIES AND  PROCEDURES
 AT  LEAST  THIRTY  DAYS  PRIOR  TO IMPLEMENTING THOSE CHANGES, AND SHALL
 AFFORD AN OPPORTUNITY TO PROVIDE WRITTEN COMMENTS WITH  RESPECT  TO  THE
 PROPOSED  CHANGES.  THE  NEW  YORK CITY HOUSING AUTHORITY SHALL CONSIDER
 WRITTEN COMMENTS PRIOR TO IMPLEMENTATION OF THE PROPOSED CHANGES.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8412--C
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee  on  Housing  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN ACT to amend the public housing law, in relation to succession rights
   for New York city housing authority properties
 
   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-h to read as follows:
   §  402-H.  SUCCESSION  RIGHTS.  1. THE NEW YORK CITY HOUSING AUTHORITY
 SHALL ADOPT  POLICIES  AND  PROCEDURES  ALLOWING  INDIVIDUALS  TO  CLAIM
 SUCCESSION  RIGHTS TO PUBLIC HOUSING UNITS IN PROPERTIES OWNED AND OPER-
 ATED BY THE NEW YORK CITY HOUSING AUTHORITY UPON THE PERMANENT DEPARTURE
 OR DEATH OF THE TENANT OF RECORD FROM THE UNIT.
   2. THE NEW YORK CITY HOUSING AUTHORITY SHALL ESTABLISH  WRITTEN  POLI-
 CIES  AND  PROCEDURES FOR ASSERTING SUCCESSION RIGHTS IN COMPLIANCE WITH
 THE REQUIREMENTS OF APPLICABLE FEDERAL, STATE,  AND  LOCAL  LAWS,  REGU-
 LATIONS, AND GUIDANCE.  NOTHING IN THIS SECTION SHALL LIMIT, PREVENT, OR
 PROHIBIT  THE  NEW  YORK HOUSING AUTHORITY FROM MAINTAINING AND UPDATING
 SUCH WRITTEN POLICIES AND PROCEDURES TO COMPLY WITH THE REQUIREMENTS  OF
 APPLICABLE  FEDERAL,  STATE,  AND LOCAL LAWS, REGULATIONS, AND GUIDANCE.
 SUCH WRITTEN POLICIES AND PROCEDURES SHALL ALSO BE CONSISTENT  WITH  THE
 NEW YORK CITY HOUSING AUTHORITY'S OCCUPANCY STANDARDS. SUCH POLICIES AND
 PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) ELIGIBILITY REQUIREMENTS FOR LEASE SUCCESSION;
   (B) RELOCATION REQUIREMENTS, IF ANY, ARISING OUT OF LEASE SUCCESSION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13001-06-5
 A. 8412--C                          2
              

 
   (C)  THE  REQUIREMENT  TO PAY USE AND OCCUPANCY DURING THE PENDENCY OF
 SUCCESSION RIGHTS PROCEEDINGS; AND
   (D)  THE  RIGHT  TO  AN  ADMINISTRATIVE GRIEVANCE OF THE NEW YORK CITY
 HOUSING AUTHORITY'S DENIAL  OF  SUCCESSION  RIGHTS,  PROVIDED  THAT  THE
 GRIEVANT IS UP TO DATE IN USE AND OCCUPANCY.
   3.  THE  NEW YORK CITY HOUSING AUTHORITY SHALL ISSUE NOTICE IN WRITING
 OF SUBSTANTIVE CHANGES TO ITS SUCCESSION RIGHTS POLICIES AND  PROCEDURES
 AT  LEAST  THIRTY  DAYS  PRIOR  TO IMPLEMENTING THOSE CHANGES, AND SHALL
 AFFORD AN OPPORTUNITY TO PROVIDE WRITTEN COMMENTS WITH  RESPECT  TO  THE
 PROPOSED  CHANGES.  THE  NEW  YORK CITY HOUSING AUTHORITY SHALL CONSIDER
 WRITTEN COMMENTS PRIOR TO IMPLEMENTATION OF THE PROPOSED CHANGES.
   § 2. This act shall take effect immediately.