AB2421 Summary:

BILL NO    A02421 

SAME AS    SAME AS S00263

SPONSOR    Crespo

COSPNSR    

MLTSPNSR   Perry

Add S224, Eld L

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.
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AB2421 Actions:

BILL NO    A02421 

01/15/2013 referred to aging
01/08/2014 referred to aging
06/09/2014 reported referred to codes
06/12/2014 reported referred to ways and means
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AB2421 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2421

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 15, 2013
                                      ___________

       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
   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.
                                                                  LBD00513-01-3
       A. 2421                             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    S 2. This act shall take effect on the one hundred eightieth day after
   52  it  shall  have become a law; provided, however, that any rules or regu-
   53  lations necessary for the timely implementation  of  the  provisions  of
   54  this  act  on  its effective date shall be promulgated on or before such
   55  date.
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