Gibbs, Aubry, Epstein, Cruz, Colton, Tapia, Brown K, Chang, Jackson
MLTSPNSR
Levenberg, Simon
Add 226, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5025
SPONSOR: Hyndman TITLE OF BILL:
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
PURPOSE:
Establishes the bureau of the senior tenants' advocate in the state
office for the aging that will take in complaints from senior tenants
and refer those complaints to the agency or agencies
SUMMARY OF PROVISIONS:
Section 1 Amends the Elder Law y adding a new section 225. Creates with-
in the State Office for the Aging, a Bureau of the Senior Tenant Advo-
cate for the purpose of assisting 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 hous-
ing related matters.
Provides for the governor to appoint a state senior tenants' advocate.
Establishes requirements for the hiring and specifies the duties of the
senior tenant's' advocate. Provides a process for the review of
complaints submitted to the senior tenants' advocate. Requires the
senior tenants' advocate to maintain records as determined by the office
for the aging.
Prohibits retaliatory discrimination against tenants who have brought
any complaint to the state senior tenants' advocate for referral.
Authorizes the director of the state office for the aging to promulgate
regulations to implement these provisions. Requires the state senior
tenants' advocate to submit an annual report to the governor, temporary
president of the Senate, Speaker of the Assembly and the director of the
Office for the Aging, by the State Senior tenants Advocate.
Specifies that such report will be made available to the public and
include the following: a description of the activities carried out by
the Bureau, analyzed data relating to complaints for the purpose of
identifying and resolving recurring problems, and recommendations for
the creation of appropriate state legislation and other actions to
preserve and promote the rights of, senior citizen tenants. The report
will also include recommendations for the improvement of public aware-
ness of senior citizen tenants rights and availability of public assist-
ance programs to senior citizen tenants and other matters that the
senior tenants advocate determine to be appropriate.
Section 2 - Effective Date.
JUSTIFICATION:
This legislation will create within the New York State Department for
the Aging, a Bureau, whose sole purpose will be to protect the rights of
senior citizen tenants. The Bureau will also provide a place where these
individuals may submit any housing complaint and obtain immediate
action. The Bureau of the Senior Tenant Advocate will also ensure that
senior citizen tenants are afforded all the necessary information
required to navigate through the New York City's housing market. Senior
citizens are at a higher risk to become victims of dishonorable conduct
by various housing entities including, but limited to, landlords and
other tenants. This legislation will provide a venue of protection for
these individuals.
PRIOR LEGISLATIVE HISTORY:
2022: S5550
A06765 of 2017-18
03/17/2017 referred to aging
01/03/2018 referred to aging
04/24/2018 reported referred to ways and means
EFFECTIVE DATE:
On the one hundred eightieth day after it shall have become
STATE OF NEW YORK
________________________________________________________________________
5025
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee 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
A. 5025 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.
