Requires the office of temporary and disability assistance to provide an informational notice to supportive housing tenants which contains information about a supportive housing tenant's rights as a tenant, information about their building and other related information.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4084
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the social services law, in relation to requiring the
office of temporary and disability assistance to provide an informa-
tional notice to supportive housing tenants
PURPOSE:
This legislation will require the Office of Temporary and Disability
Assistance to provide an informational notice to supportive housing
tenants outlining their rights.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the social services law by adding a new section 131-
cc.
Section two establishes the effective date.
JUSTIFICATION:
Supportive housing has long provided New Yorkers in need with affordable
housing and on-site medical and social services. Those who are formerly
homeless as well as those battling a substance use disorder, mental
illness or other conditions have been able to live comfortably in their
community when they reside in supportive housing. Today, more than
35,000 New Yorkers live in supportive housing and it is important that
residents are aware of their rights.
Supportive housing tenants have reported difficulties in the application
process, and recent investigations have highlighted some of the inappro-
priate reasons behind the rejection of certain applicants, such as
owning an emotional support animal, requiring a more structured environ-
ment, and not having an interest in programmatic activities. Addi-
tionally, tenants in "scattered-site" supportive housing, where units
are rented by nonprofit providers in privately owned buildings,
violations of housing codes are common and often underreported. By
requiring that informational notices outlining tenants' rights are read-
ily available, this bill will help increase transparency for tenants and
accountability for providers and building owners.
Publicizing tenants' rights through these notices will allow tenants to
better advocate for themselves and prevent more violations from slipping
under the radar without repercussions.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
120 days.
STATE OF NEW YORK
________________________________________________________________________
4084
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the social services law, in relation to requiring the
office of temporary and disability assistance to provide an informa-
tional notice to supportive housing tenants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 131-cc to read as follows:
3 § 131-cc. Supportive housing tenants; required informational notice.
4 1. For purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Office" shall mean the office of temporary and disability assist-
7 ance.
8 (b) "Dwelling unit" shall mean any building or structure or portion
9 thereof which is occupied in whole or in part as the home, residence or
10 sleeping place of one or more individuals.
11 (c) "Supportive housing" means affordable, permanent housing with
12 support services for tenants.
13 (d) "Tenant" means an individual occupying, or intending to occupy, a
14 dwelling unit for thirty consecutive days or more.
15 2. The office shall be required to provide every supportive housing
16 tenant or potential tenant at the time of an applicant interview to
17 obtain housing, at the signing of an initial lease, at each lease
18 renewal and upon request at any time, a notice of tenant rights approved
19 by the office using plain and simple language. Such notice shall be made
20 available in English and in the primary language spoken by the tenant or
21 potential tenant. Such notice shall include, but not be limited to, the
22 following information:
23 (a) whether the dwelling unit is subject to state rent stabilization
24 laws and if not, the reason for exemption from such laws. For dwelling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02787-01-3
A. 4084 2
1 units that are subject to state rent stabilization laws, such notice
2 shall also provide information on how to obtain a rent history from the
3 division of housing and community renewal;
4 (b) whether the dwelling unit is located in a building that is in
5 receipt of a tax exemption or abatement, including but not limited to
6 abatements or exemptions pursuant to sections four hundred twenty-one-a
7 or four hundred twenty-one-g of the real property tax law. If the build-
8 ing is in receipt of an exemption or abatement, the notice shall include
9 the abatement or exemption start and end dates;
10 (c) the tenant's right to bring special proceedings pursuant to arti-
11 cle seven of the real property actions and proceedings law, that any
12 eviction of a tenant must be sought through a court proceeding and any
13 relevant phone numbers that a tenant may contact for legal advice and
14 possible legal representation;
15 (d) the tenant's right to enforce any applicable housing maintenance
16 codes, information concerning how to report violations of such codes and
17 contact information for the person or people responsible for maintaining
18 applicable housing maintenance code standards and responding to emergen-
19 cies;
20 (e) the tenant's right to request reasonable accommodations and the
21 right to be protected against discrimination pursuant to article fifteen
22 of the executive law;
23 (f) the tenant's right to receipts for payments made in exchange for
24 occupancy pursuant to section two hundred thirty-five-e of the real
25 property law;
26 (g) the tenant's right to have family and/or additional occupants in a
27 dwelling unit pursuant to section two hundred thirty-five-f of the real
28 property law;
29 (h) whether the dwelling unit is subject to 14 NYCRR section 595, and
30 if so, the tenant's rights pursuant to such section;
31 (i) the tenant's right to be free from harassment;
32 (j) the building's regulatory scheme, including:
33 (i) each funding stream used to provide social services, subsidize
34 rents, or underwrite the development of the dwelling unit or property;
35 (ii) the name or names of the program or programs pursuant to which
36 the tenant is occupying the dwelling unit;
37 (iii) the name of the agency administering the program and/or provid-
38 ing services or assistance pursuant to subparagraphs (i) and (ii) of
39 this paragraph;
40 (iv) any applicable grievance, or equivalent, policy or procedure to
41 register and hear tenant complaints;
42 (v) any applicable regulations;
43 (vi) contact information for the administering agency pursuant to
44 subparagraph (iii) of this paragraph;
45 (vii) the total rent, tenant rent and agency rent amounts; and
46 (viii) the manner in which rent shall be paid;
47 (k) the tenant's right to be provided access to legal services if
48 facing eviction in housing court and all other relevant tenant's rights;
49 and
50 (l) any additional information related to tenant's rights provided
51 orally or in writing to a supportive housing applicant during an inter-
52 view with the office.
53 3. The office shall receive, investigate, and respond to complaints
54 concerning violations of this section. All complaints and responses
55 issued by the office shall be posted on the office's website and shall
56 include the date the complaint was submitted, any results of the
A. 4084 3
1 complaint, and the date of the conclusion of any investigation resulting
2 from the complaint.
3 § 2. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law.
