Bill Text: NY A01176 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the bureau of the senior tenants' advocate within the state office for the aging; provides that the senior tenants' advocate shall assist senior citizen tenants in resolving complaints they may have with the New York state division of housing and community renewal, landlord disputes, rent increases, and other housing related matters; provides that the governor shall appoint the senior tenants' advocate to a term of four years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A01176 Detail]

Download: New_York-2011-A01176-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1176
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred 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:
    1    Section 1. The elder law is amended by adding a  new  section  224  to
    2  read as follows:
    3    S 224. SENIOR TENANTS' ADVOCATE. 1. BUREAU ESTABLISHED. THERE IS HERE-
    4  BY  ESTABLISHED  WITHIN  THE OFFICE FOR THE AGING A BUREAU OF THE SENIOR
    5  TENANTS' ADVOCATE FOR THE PURPOSE OF ASSISTING SENIOR TENANTS IN RESOLV-
    6  ING COMPLAINTS THEY MAY HAVE WITH THE NEW YORK STATE DIVISION OF HOUSING
    7  AND COMMUNITY RENEWAL, LANDLORD  DISPUTES,  RENT  INCREASES,  AND  OTHER
    8  HOUSING RELATED MATTERS.
    9    2. APPOINTMENT OF SENIOR TENANTS' ADVOCATE. THE GOVERNOR SHALL APPOINT
   10  A  STATE SENIOR TENANTS' ADVOCATE TO ADMINISTER AND SUPERVISE THE BUREAU
   11  OF THE SENIOR TENANTS' ADVOCATE. THE SENIOR TENANTS' ADVOCATE SHALL:
   12    (A) BE AN EMPLOYEE OF THE OFFICE FOR THE AGING;
   13    (B) BE SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE  AND  EXPERIENCE
   14  IN LANDLORD AND TENANT LAW AND WITH OTHER QUALIFICATIONS APPROPRIATE FOR
   15  THE POSITION;
   16    (C)  HAVE  THE  AUTHORITY  TO APPOINT ONE OR MORE AUTHORIZED REPRESEN-
   17  TATIVES TO ASSIST THE SENIOR TENANTS' ADVOCATE IN THE PERFORMANCE OF HIS
   18  OR HER DUTIES UNDER THIS SECTION AND, IF NECESSARY, PERFORM  THE  DUTIES
   19  OF THE SENIOR TENANTS' ADVOCATE ON HIS OR HER BEHALF; AND
   20    (D) REPORT DIRECTLY TO THE DIRECTOR OF THE OFFICE FOR THE AGING.
   21    3.  DUTIES OF THE SENIOR TENANTS' ADVOCATE.  THE SENIOR TENANTS' ADVO-
   22  CATE SHALL:
   23    (A) IDENTIFY AND ASSIST IN THE RESOLUTION OF COMPLAINTS THAT ARE  MADE
   24  BY,  OR  ON  BEHALF  OF, SENIOR TENANTS IN THIS STATE AND THAT RELATE TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02202-01-1
       A. 1176                             2
    1  ACTIONS, INACTIONS, OR DECISIONS THAT MAY ADVERSELY AFFECT  THE  HOUSING
    2  AND  RESIDENCY  RIGHTS OF SUCH SENIOR TENANTS, IN ACCORDANCE WITH PROCE-
    3  DURES ESTABLISHED BY THE SENIOR TENANTS' ADVOCATE BY MAKING REFERRALS TO
    4  THE  APPROPRIATE AGENCY OR AGENCIES THAT MAY BEST ADDRESS THE COMPLAINTS
    5  OF THE SENIOR CITIZEN TENANTS;
    6    (B) PROVIDE INFORMATION  REGARDING  PROGRAMS  AND  AGENCIES  THAT  CAN
    7  ASSIST SENIOR TENANTS IN RESOLVING THEIR COMPLAINTS;
    8    (C) ANALYZE AND MONITOR THE DEVELOPMENT AND IMPLEMENTATION OF FEDERAL,
    9  STATE,  AND  LOCAL  LAWS,  REGULATIONS,  OR POLICIES WITH RESPECT TO THE
   10  ADEQUACY OF HOUSING MATTERS FOR SENIOR TENANTS WITHIN THE STATE; AND
   11    (D) CARRY OUT SUCH OTHER ACTIVITIES AS THE  SENIOR  TENANTS'  ADVOCATE
   12  DETERMINES  TO BE APPROPRIATE PURSUANT TO PERTINENT STATE LAWS AND REGU-
   13  LATIONS.
   14    4. REVIEW OF COMPLAINT.  UPON  RECEIPT  OF  A  COMPLAINT,  THE  SENIOR
   15  TENANTS' ADVOCATE SHALL DETERMINE IMMEDIATELY WHICH AGENCY WOULD BE MOST
   16  APPROPRIATE  FOR  THE  PURPOSES OF FORWARDING SUCH COMPLAINT. THE SENIOR
   17  TENANTS' ADVOCATE SHALL THEN FORWARD THE COMPLAINT AND INFORM THE TENANT
   18  MAKING THE COMPLAINT WHERE HIS OR HER COMPLAINT WAS FORWARDED.
   19    5. RECORDS.  THE SENIOR TENANTS' ADVOCATE SHALL MAINTAIN SUCH  RECORDS
   20  AS ARE DETERMINED NECESSARY BY THE OFFICE FOR THE AGING. ANY STATE AGEN-
   21  CY  RECEIVING A COMPLAINT PURSUANT TO THIS SUBDIVISION SHALL PROVIDE THE
   22  SENIOR TENANTS' ADVOCATE WITH WRITTEN NOTICE  OF  THE  RECEIPT  OF  SUCH
   23  COMPLAINT.
   24    6. RETALIATORY DISCRIMINATION PROHIBITED. NO PERSON SHALL DISCRIMINATE
   25  AGAINST  ANY  TENANT BECAUSE SUCH TENANT, OR ANY PERSON ACTING ON BEHALF
   26  OF SUCH TENANT, HAS BROUGHT OR CAUSED TO BE BROUGHT ANY COMPLAINT TO THE
   27  SENIOR TENANTS' ADVOCATE FOR REFERRAL, OR AGAINST ANY OTHER  PERSON  WHO
   28  HAS  GIVEN OR PROVIDED OR IS TO GIVE OR PROVIDE ANY STATEMENTS, TESTIMO-
   29  NY,  OTHER  EVIDENCE,  OR  COOPERATION  IN  CONNECTION  WITH  ANY   SUCH
   30  COMPLAINT.
   31    7. REGULATIONS. THE DIRECTOR OF THE OFFICE FOR THE AGING IS AUTHORIZED
   32  TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   33    8.  ANNUAL  REPORT. THE STATE SENIOR TENANTS' ADVOCATE SHALL SUBMIT AN
   34  ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE  SENATE,
   35  THE  SPEAKER  OF  THE  ASSEMBLY,  AND THE DIRECTOR, AND MAKE SUCH REPORT
   36  AVAILABLE TO THE PUBLIC. SUCH REPORT SHALL:
   37    (A) DESCRIBE THE ACTIVITIES CARRIED OUT BY THE BUREAU  OF  THE  SENIOR
   38  TENANTS' ADVOCATE DURING THE PRIOR CALENDAR YEAR;
   39    (B)  CONTAIN  AND ANALYZE DATA RELATING TO COMPLAINTS CONCERNING RESI-
   40  DENTIAL HOUSING FOR SENIOR CITIZEN TENANTS, FOR THE PURPOSE OF IDENTIFY-
   41  ING AND RESOLVING RECURRING PROBLEMS;
   42    (C) EVALUATE THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS  MADE  BY
   43  OR ON BEHALF OF, SENIOR CITIZEN TENANTS;
   44    (D) CONTAIN RECOMMENDATIONS FOR:
   45    (I)  APPROPRIATE  STATE  LEGISLATION,  RULES AND REGULATIONS AND OTHER
   46  ACTION TO PRESERVE AND PROMOTE THE RIGHTS OF SENIOR CITIZEN TENANTS; AND
   47    (II) IMPROVING PUBLIC AWARENESS OF SENIOR CITIZEN TENANTS' RIGHTS, AND
   48  AVAILABILITY OF PUBLIC ASSISTANCE PROGRAMS TO  SENIOR  CITIZEN  TENANTS;
   49  AND
   50    (E)  ANY OTHER MATTERS THAT THE SENIOR TENANTS' ADVOCATE DETERMINES TO
   51  BE APPROPRIATE.
   52    S 2. This act shall take effect on the one hundred eightieth day after
   53  it shall have become a law; provided, however, that any rules  or  regu-
   54  lations  necessary  for  the  timely implementation of the provisions of
   55  this act on its effective date shall be promulgated on  or  before  such
   56  date.