N.Y. Public Housing Law § 631: Resident protections and opportunities

§ 631. Resident protections and opportunities. 1. The protections

afforded to a resident of a housing facility shall be consistent with

those afforded to a public housing resident, to the extent permitted in

accordance with federal law, and subject to and with the approval of the

United States department of housing and urban development. These

protections shall include, but are not limited to:

(a) preserving the affordable character of such housing facility in

accordance with section eight of the United States housing act of

nineteen hundred thirty-seven, as amended, or any successor provision

and with part five of title twenty-four of the code of federal

regulations or any successor regulation;

(b) ensuring that any resident required to relocate temporarily for

purposes of rehabilitation or redevelopment of such housing facility is

guaranteed the ability to return to such housing facility following the

completion of such rehabilitation or redevelopment, and that the

relocation expenses of such temporary relocation be paid for by the

trust or NYCHA as required by applicable federal law;

(c) providing a resident of such housing facility the opportunity to

establish and operate a council to represent residents in such housing

facility to address concerns relating to such facility, pursuant to

subpart b of part nine hundred sixty-four of title twenty-four of the

code of federal regulations or any successor regulation, and to be

eligible for resident participation funding from the trust consistent

with funding available to residents of public housing pursuant to

section 964.150 of title twenty-four of the code of federal regulations

or any successor regulation, provided that any resident council that, at

the time of the transfer of a housing facility to the trust, is

certified by NYCHA as the resident council shall be recognized by the

trust as the resident council of such housing facility;

(d) providing a resident of a housing facility an opportunity for an

informal hearing to grieve any dispute that such resident may have with

respect to an action of the trust with regard to such resident's lease,

consistent with the obligation of a public housing agency pursuant to

paragraph eight of subdivision (e) of section 966.4 of title twenty-four

of the code of federal regulations or any successor regulations and

pursuant to subpart b of part nine hundred sixty-six of title

twenty-four of the code of federal regulations or any successor

regulations;

(e) providing a resident of a housing facility automatic renewal of

such resident's leases, except for good cause as specified in the lease

between such resident and the trust, consistent with the requirements

relating to a lease between a public housing agency and a tenant of a

dwelling unit pursuant to subparagraph (i) of paragraph two of

subdivision (a) and subdivision (l) of section 966.4 of title

twenty-four of the code of federal regulations or any successor

regulation;

(f) determining succession to a lease between a resident and the trust

in accordance with the succession policy described in the management

manual, and any amendments to such manual, of NYCHA;

(g) permitting a resident whose total tenant payment, as defined in

section 983.3 of title twenty-four of the code of federal regulations,

or any successor regulations, would equal or exceed the rent to owner,

as defined in section 983.3 of title twenty-four of the code of federal

regulations or any successor regulations, to remain in a housing

facility and pay rent in an amount to be determined by the trust and

NYCHA and as set forth in the lease of such resident;

(h) determining succession to a voucher pursuant to section eight of

the United States housing act of nineteen hundred thirty-seven, as

amended, or any successor provision, in accordance with the housing

voucher program administrative plan, and any amendments to such plan, of

NYCHA; and

(i) no rescreening for eligibility or right-sizing of residents of a

housing facility as a result of a transfer of the leasehold interest

from NYCHA to the trust.

2. The resident protections described in subdivision one of this

section shall be enumerated in the ground lease or other appropriate

agreement between NYCHA and the trust and shall be further enumerated in

writing between the trust and each resident of a housing facility.

Nothing in this section shall preclude the trust or NYCHA from providing

additional resident protections, which may be enumerated in any such

ground lease or agreement.

3. The trust, to the greatest extent feasible, and consistent with

federal, state and local laws and regulations, shall ensure that

employment and other economic opportunities be directed to residents of

the housing facilities, consistent with section three of the federal

housing and urban development act of nineteen hundred sixty-eight, as

amended, and part seventy-five of title twenty-four of the code of

federal regulations or any successor law or regulation. All project

labor agreements shall be consistent with this subdivision.

4. The trust shall act in accordance with the full requirements of

part nine hundred sixty-four of title twenty-four of the code of federal

regulations or any successor regulation. The trust shall, among other

requirements, support resident participation in the operations of the

housing facilities and negotiate, with any resident management

corporations, or equivalent that satisfies the requirements of such

part, for operation of a housing facility. The trust shall consider

applications of resident organizations, community organizations or other

local organizations for grant funding, as available, to provide

training, technical assistance, and education to residents to support

active resident participation in the planning and implementation of the

conversion process.

5. The trust shall ensure residents participate in the process to

procure the vendors that will perform capital renovation, modernization,

and construction work, excluding emergency procurements.

6. The trust shall create committees consisting of members as

appropriate, which shall include, but not be limited to, trust employees

and residents of the housing facility where construction,

reconstruction, rehabilitation, alteration, renovation, maintenance and

repair work is being performed, and such committees shall meet as needed

to provide input, and oversight, along with recommendations, with

respect to the quality of such work performed by the vendors of the

trust.

7. The trust and NYCHA shall, in accordance with applicable law,

establish a procedure and eligibility requirements by which a person who

is not a tenant of record as of thirty days before the execution of the

transfer of a leasehold interest in the housing facility to the trust

may become a tenant of record based on consideration of the familial

nexus of such person to the last tenant of record on file with NYCHA,

such individuals to include, but not be limited to, aunts, uncles,

nieces, nephews, and first cousins, provided that such applications to

become a tenant of record following the transfer of a leasehold interest

in the housing facility to the trust shall be made no later than thirty

days before such transfer. Any requests received after such date will be

reviewed in accordance with the policies described in the administrative

plan, and any amendments to such plan, of NYCHA.