Bill Text: NY S02453 | 2023-2024 | 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO AGING [S02453 Detail]

Download: New_York-2023-S02453-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2453

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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 226 to
     2  read as follows:
     3    § 226. 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
    25  actions,  inactions,  or decisions that may adversely affect the housing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04239-01-3
        S. 2453                             2

     1  and residency rights of such senior tenants, in accordance  with  proce-
     2  dures established by the senior tenants' advocate by making referrals to
     3  the  appropriate agency or agencies that may best address the complaints
     4  of the senior citizen tenants;
     5    (b)  provide  information  regarding  programs  and  agencies that can
     6  assist senior tenants in resolving their complaints;
     7    (c) analyze and monitor the development and implementation of federal,
     8  state, and local laws, regulations, or  policies  with  respect  to  the
     9  adequacy of housing matters for senior tenants within the state; and
    10    (d)  carry  out  such other activities as the senior tenants' advocate
    11  determines to be appropriate pursuant to pertinent state laws and  regu-
    12  lations.
    13    4.  Review  of  complaint.  Upon  receipt  of  a complaint, the senior
    14  tenants' advocate shall determine immediately which agency would be most
    15  appropriate for the purposes of forwarding such  complaint.  The  senior
    16  tenants' advocate shall then forward the complaint and inform the tenant
    17  making the complaint where his or her complaint was forwarded.
    18    5.  Records.  The senior tenants' advocate shall maintain such records
    19  as are determined necessary by the office for the aging. Any state agen-
    20  cy receiving a complaint pursuant to this subdivision shall provide  the
    21  senior  tenants'  advocate  with  written  notice of the receipt of such
    22  complaint.
    23    6. Retaliatory discrimination prohibited. No person shall discriminate
    24  against any tenant because such tenant, or any person acting  on  behalf
    25  of such tenant, has brought or caused to be brought any complaint to the
    26  senior  tenants'  advocate for referral, or against any other person who
    27  has given or provided or is to give or provide any statements,  testimo-
    28  ny,   other  evidence,  or  cooperation  in  connection  with  any  such
    29  complaint.
    30    7. Regulations. The director of the office for the aging is authorized
    31  to promulgate regulations to implement the provisions of this section.
    32    8. Annual report. The state senior tenants' advocate shall  submit  an
    33  annual  report  to  the governor, the temporary president of the senate,
    34  the speaker of the assembly, and the  director,  and  make  such  report
    35  available to the public. Such report shall:
    36    (a)  describe  the  activities carried out by the bureau of the senior
    37  tenants' advocate during the prior calendar year;
    38    (b) contain and analyze data relating to complaints  concerning  resi-
    39  dential housing for senior citizen tenants, for the purpose of identify-
    40  ing and resolving recurring problems;
    41    (c)  evaluate  the problems experienced by, and the complaints made by
    42  or on behalf of, senior citizen tenants;
    43    (d) contain recommendations for:
    44    (i) appropriate state legislation, rules  and  regulations  and  other
    45  action to preserve and promote the rights of senior citizen tenants; and
    46    (ii) improving public awareness of senior citizen tenants' rights, and
    47  availability  of  public  assistance programs to senior citizen tenants;
    48  and
    49    (e) any other matters that the senior tenants' advocate determines  to
    50  be appropriate.
    51    § 2. This act shall take effect on the one hundred eightieth day after
    52  it  shall have become a law. Effective immediately, the addition, amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation of this act on its effective date are authorized to be  made  and
    55  completed on or before such effective date.