Requires the New York City Housing Authority to create policies regarding administrative procedures that conform with Title 42 Sections 13661-13662 of the United States Code and any relevant guidance developed by the Office of Public and Indian Housing of the United States Department of Housing and Urban Development with respect to proceedings involving decisions of the Authority.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1135
SPONSOR: Walker TITLE OF BILL:
An act to amend the public housing law, in relation to grievance proce-
dures for proceedings involving the New York City Housing Authority
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require NYCHA implement specific procedural protections
in their administrative hearing process, including applying New York
State rules of evidence, and requiring oral interpretation services. It
would also prevent tenants from facing eviction over criminal charges
that are ultimately dismissed by providing a formal right to stay the
administrative hearing until any underlying court case is resolved.
SUMMARY OF PROVISIONS:
Section 1. The public housing law is amended by adding a new section;
§ 160. Grievance procedure requirements.
JUSTIFICATION:
NYCHA tenants and applicants are entitled by federal law to an adminis-
trative hearing process to challenge a decision or action, including a
termination of tenancy decision or admissions denial. NYCHA's current
administrative procedures fail to protect basic due process rights and
are inherently unfair to tenants and applicants. Tenants facing
eviction from private housing, for example, have the right to be heard
in Housing Court where state rules of civil procedure and evidence
apply. Public housing tenancies, however, are terminated through an
opaque process that is conducted internally, without applying rules of
evidence or civil procedure, in front of a judge hired by NYCHA, and
without any formal way for tenants to raise substantive claims and
defenses.
PRIOR LEGISLATIVE HISTORY:
2022: A10070 - Referred to Housing
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1135
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Housing
AN ACT to amend the public housing law, in relation to grievance proce-
dures for proceedings involving the New York City Housing Authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new section
2 160 to read as follows:
3 § 160. Grievance procedure requirements. 1. As used in this section:
4 a. "administrative procedure" shall include any informal review proc-
5 ess or hearing process available by law to applicants and tenants to
6 review or challenge a New York City Housing Authority decision, action,
7 or failure to act, including all impartial hearings, grievance proce-
8 dures, and termination of tenancy procedures;
9 b. "authority" means the New York City Housing Authority; and
10 c. "hearing decision" means any decision issued by a hearing officer
11 pursuant to Title 24 § 966.57 of the Code of Federal Regulations; and
12 2. The authority shall create policies regarding administrative proce-
13 dures that conform with Title 42 §§ 13661-13662 of the United States
14 Code and any relevant guidance developed by the Office of Public and
15 Indian Housing of the United States Department of Housing and Urban
16 Development. Such policies shall:
17 a. require the authority to provide oral interpretation services
18 throughout the administrative procedure to all limited English profi-
19 cient applicants and residents;
20 b. provide for a formal mechanism by which parties may engage in
21 motion practice in all administrative procedures;
22 c. for all active administrative procedures, provide for an automatic
23 stay in any housing court proceeding in which the resident is the
24 respondent;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03127-01-3
A. 1135 2
1 d. provide for the right to a stay until any underlying criminal court
2 proceeding is resolved in all administrative procedures involving
3 alleged criminal activity or non-desirability;
4 e. require that all hearings:
5 (i) are conducted according to New York state rules of evidence;
6 (ii) are held before an impartial hearing officer appointed after
7 review and approval by residents; and
8 (iii) result in a written decision, which the authority shall provide
9 to the resident or applicant within thirty days of the hearing, and
10 which shall be included in redacted form in an electronically searchable
11 public database maintained by the authority; and
12 f. require the authority to allow residents to submit and pursue
13 grievances regardless of whether they are current on rent.
14 § 2. This act shall take effect immediately.
