Bill Text: NY A05942 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2009-05-04 - enacting clause stricken [A05942 Detail]
Download: New_York-2009-A05942-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5942
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. DIAZ, BOYLAND, DINOWITZ, PHEFFER -- Multi-Spon-
sored by -- M. of A. ALFANO, BARRA -- 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
4 HEREBY ESTABLISHED WITHIN THE OFFICE FOR THE AGING A BUREAU OF THE
5 SENIOR TENANTS' ADVOCATE FOR THE PURPOSE OF ASSISTING SENIOR CITIZEN
6 TENANTS IN RESOLVING COMPLAINTS THEY MAY HAVE WITH THE NEW YORK STATE
7 DIVISION OF HOUSING AND COMMUNITY RENEWAL, LANDLORD DISPUTES, RENT
8 INCREASES, AND OTHER HOUSING RELATED MATTERS.
9 2. APPOINTMENT OF SENIOR TENANTS' ADVOCATE. THE GOVERNOR SHALL APPOINT
10 A FULL-TIME STATE SENIOR TENANTS' ADVOCATE TO ADMINISTER AND SUPERVISE
11 THE BUREAU OF THE SENIOR TENANTS' ADVOCATE. SUCH APPOINTMENT SHALL BE
12 FOR A PERIOD OF FOUR YEARS.
13 (A) THE SENIOR TENANTS' ADVOCATE SHALL BE SELECTED FROM AMONG INDIVID-
14 UALS WITH EXPERTISE AND EXPERIENCE IN LANDLORD AND TENANT, AND SENIOR
15 CITIZEN CARE ADVOCACY, AND WITH OTHER QUALIFICATIONS DETERMINED BY THE
16 GOVERNOR TO BE APPROPRIATE FOR THE POSITION.
17 (B) THE SENIOR TENANTS' ADVOCATE SHALL, PERSONALLY OR THROUGH AUTHOR-
18 IZED REPRESENTATIVES AS PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVI-
19 SION:
20 (I) IDENTIFY, INVESTIGATE, AND ASSIST IN THE RESOLUTION OF COMPLAINTS
21 THAT ARE MADE BY, OR ON BEHALF OF, SENIOR CITIZEN TENANTS IN THIS STATE
22 AND THAT RELATE TO ACTIONS, INACTIONS, OR DECISIONS THAT MAY ADVERSELY
23 AFFECT THE HOUSING AND RESIDENCY RIGHTS OF SUCH SENIOR CITIZEN TENANTS,
24 IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SENIOR TENANTS' ADVO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04956-01-9
A. 5942 2
1 CATE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING THE
2 SENIOR TENANTS' ADVOCATE TO INVESTIGATE FINAL ADMINISTRATIVE DETERMI-
3 NATIONS MADE PURSUANT TO LAW BY ANY STATE AGENCY, WHERE SUCH DETERMI-
4 NATION HAS BECOME THE SUBJECT OF THE COMPLAINT TO THE SENIOR TENANTS'
5 ADVOCATE;
6 (II) PROVIDE SERVICES TO ASSIST SENIOR CITIZEN TENANTS IN PROTECTING
7 THEIR RIGHTS AS TENANTS, INCLUDING BUT NOT LIMITED TO CONVEYING INFORMA-
8 TION ABOUT THE INTERESTS OF SENIOR CITIZEN TENANTS TO GOVERNMENTAL AGEN-
9 CIES AND RECOMMENDING APPROPRIATE ADMINISTRATIVE, LEGAL, AND OTHER REME-
10 DIES TO PROTECT THEIR RESIDENTIAL STATUS;
11 (III) INFORM THE SENIOR CITIZEN TENANTS ABOUT MEANS OF OBTAINING
12 SERVICES PROVIDED BY PUBLIC HEALTH, SOCIAL SERVICES, OR OTHER PUBLIC
13 AGENCIES;
14 (IV) ANALYZE AND MONITOR THE DEVELOPMENT AND IMPLEMENTATION OF FEDER-
15 AL, STATE, AND LOCAL LAWS, REGULATIONS, OR POLICIES WITH RESPECT TO THE
16 ADEQUACY OF HOUSING MATTERS FOR SENIOR CITIZEN TENANTS WITHIN THE STATE;
17 AND
18 (V) CARRY OUT SUCH OTHER ACTIVITIES AS THE SENIOR TENANTS' ADVOCATE
19 DETERMINES TO BE APPROPRIATE PURSUANT TO PERTINENT STATE LAWS AND REGU-
20 LATIONS.
21 (C) THE SENIOR TENANTS' ADVOCATE MAY APPOINT ONE OR MORE AUTHORIZED
22 REPRESENTATIVES TO ASSIST THE SENIOR TENANTS' ADVOCATE IN THE PERFORM-
23 ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
24 (D) NO SENIOR TENANTS' ADVOCATE, AUTHORIZED REPRESENTATIVE, OR IMMEDI-
25 ATE FAMILY MEMBER OF SUCH PERSON SHALL:
26 (I) HAVE A DIRECT INVOLVEMENT IN THE LICENSING OR CERTIFICATION OF A
27 SENIOR CITIZEN RESIDENTIAL HOUSING FACILITY OR OF A PROVIDER OF RESIDEN-
28 TIAL HOUSING TO SENIOR CITIZENS;
29 (II) HAVE AN OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY EQUITY,
30 DEBT, OR OTHER FINANCIAL RELATIONSHIP) IN RESIDENTIAL RENTAL PROPERTY
31 PROVIDING HOUSING TO SENIOR CITIZENS;
32 (III) BE EMPLOYED BY, OR PARTICIPATE IN THE MANAGEMENT OF, RESIDENTIAL
33 RENTAL PROPERTY;
34 (IV) RECEIVE REMUNERATION (IN CASH OR IN KIND) UNDER A COMPENSATION
35 ARRANGEMENT WITH AN OWNER OR OPERATOR OF RESIDENTIAL RENTAL PROPERTY
36 THAT HAS TENANCIES CONSISTING OF ONE OR MORE SENIOR CITIZENS; AND
37 (V) BE EMPLOYED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
38 (E) THE SENIOR TENANTS' ADVOCATE SHALL ESTABLISH WRITTEN PROCEDURES TO
39 IDENTIFY AND REMOVE CONFLICTS OF INTEREST SET OUT IN PARAGRAPH (D) OF
40 THIS SUBDIVISION AND SHALL INCLUDE ACTIONS THAT THE SENIOR TENANTS'
41 ADVOCATE MAY REQUIRE HIMSELF OR HERSELF, AN AUTHORIZED REPRESENTATIVE,
42 OR IMMEDIATE FAMILY MEMBER OF EITHER TO TAKE TO REMOVE SUCH CONFLICTS OF
43 INTEREST.
44 (F) THE SENIOR TENANTS' ADVOCATE SHALL REPORT DIRECTLY TO THE DIRECTOR
45 OF THE OFFICE FOR THE AGING.
46 3. REVIEW OF COMPLAINT. UPON RECEIPT OF A COMPLAINT, THE SENIOR
47 TENANTS' ADVOCATE SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASON-
48 ABLE GROUNDS FOR AN INVESTIGATION. SUCH INVESTIGATION SHALL BE CONDUCTED
49 IN A MANNER PRESCRIBED IN THE REGULATIONS SET FORTH BY THE DIRECTOR OF
50 THE OFFICE FOR THE AGING. IF THE SENIOR TENANTS' ADVOCATE OR AUTHORIZED
51 REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF SUCH
52 COMPLAINT IS MORE SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
53 SENIOR TENANTS' ADVOCATE OR AUTHORIZED REPRESENTATIVE SHALL IMMEDIATELY
54 FORWARD SUCH COMPLAINT TO THE APPROPRIATE AGENCY. THE SENIOR TENANTS'
55 ADVOCATE SHALL MAINTAIN A FILE CONCERNING SUCH COMPLAINTS THROUGH SUCH
56 AGENCY'S COMPLETION OF ACTION THEREON.
A. 5942 3
1 ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT TO THIS SUBDIVISION
2 SHALL PROVIDE THE SENIOR TENANTS' ADVOCATE WITH WRITTEN NOTICE OF THE
3 FINAL DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
4 4. RETALIATORY DISCRIMINATION PROHIBITED. NO PERSON SHALL DISCRIMINATE
5 AGAINST ANY TENANT BECAUSE SUCH TENANT OR ANY PERSON ACTING ON BEHALF OF
6 SUCH TENANT HAS BROUGHT OR CAUSED TO BE BROUGHT ANY COMPLAINT TO THE
7 SENIOR TENANTS' ADVOCATE FOR INVESTIGATION, OR AGAINST ANY OTHER PERSON
8 WHO HAS GIVEN OR PROVIDED OR IS TO GIVE OR PROVIDE ANY STATEMENTS,
9 TESTIMONY, OTHER EVIDENCE, OR COOPERATION IN CONNECTION WITH ANY SUCH
10 COMPLAINT.
11 5. REGULATIONS. THE DIRECTOR OF THE OFFICE FOR THE AGING IS AUTHOR-
12 IZED TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS
13 SECTION.
14 6. ANNUAL REPORT. THE STATE SENIOR TENANTS' ADVOCATE SHALL SUBMIT AN
15 ANNUAL REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
16 ER OF THE ASSEMBLY, AND THE DIRECTOR, AND MAKE SUCH REPORT AVAILABLE TO
17 THE PUBLIC. SUCH REPORT SHALL:
18 (A) DESCRIBE THE ACTIVITIES CARRIED OUT BY THE BUREAU OF THE SENIOR
19 TENANTS' ADVOCATE DURING THE PRIOR CALENDAR YEAR;
20 (B) CONTAIN AND ANALYZE DATA RELATING TO COMPLAINTS CONCERNING RESI-
21 DENTIAL HOUSING FOR SENIOR CITIZEN TENANTS, FOR THE PURPOSE OF IDENTIFY-
22 ING AND RESOLVING RECURRING PROBLEMS;
23 (C) EVALUATE THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE BY
24 OR ON BEHALF OF, SENIOR CITIZEN TENANTS;
25 (D) CONTAIN RECOMMENDATIONS FOR:
26 (I) APPROPRIATE STATE LEGISLATION, RULES AND REGULATIONS AND OTHER
27 ACTION TO PRESERVE AND PROMOTE THE RIGHTS OF SENIOR CITIZEN TENANTS; AND
28 (II) IMPROVING PUBLIC AWARENESS OF SENIOR CITIZEN TENANTS' RIGHTS, AND
29 AVAILABILITY OF PUBLIC ASSISTANCE PROGRAMS TO SENIOR CITIZEN TENANTS;
30 AND
31 (E) ANY OTHER MATTERS THAT THE SENIOR TENANTS' ADVOCATE DETERMINES TO
32 BE APPROPRIATE.
33 S 2. This act shall take effect on the one hundred eightieth day after
34 it shall have become a law; provided, however, that any rules or regu-
35 lations necessary for the timely implementation of the provisions of
36 this act on its effective date shall be promulgated on or before such
37 date.
