§ 14 — Powers and duties of the commissioner; generally

New York § 14

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 2: Division of Housing

Text

§ 14. Powers and duties of the commissioner; generally. 1. In addition\nto the powers hereinafter granted, the commissioner, his counsel or any\nother officer or employee of the division specially designated by the\ncommissioner shall have the following powers:\n (a) assist in the preparation of legislation and formulate regulations\nin relation to authorities and their functions;\n (b) investigate into monopolies of building materials, and\nextortionate, illegal or unfair activities or practices affecting the\ncost of construction or production of buildings and cooperate with\nfederal and state investigating officers to end such abuses;\n (c) make reports from time to time to the governor with respect to\nmatters within his jurisdiction;\n (d) investigate into the affairs of authorities and into the dealings,\ntransactions or relationships of authorities with third persons;\n (e) administer oaths, take affidavits, hear testimony and take proof\nunder oath at public or private hearings;\n (f) make or order inspections of all places to which his duties\nrelate;\n (g) subpoena and require the attendance of witnesses and the\nproduction of books and papers pertaining to the investigations and\ninquiries authorized by this chapter and examine them in relation to any\nmatter he has power to investigate;\n (h) issue commissions for the examination of witnesses who are out of\nthe state or unable to attend before him or are excused from attendance;\n (i) subject to the powers of the state comptroller or of municipal\ncomptroller, as the case may be, prescribe methods and forms for keeping\naccounts, records and books to be used by an authority;\n (j) require an authority to file periodic reports not more often than\nquarterly, covering its operations and activities, in a form prescribed\nby him;\n (k) investigate the possibility of negotiating a fixed annual wage for\nlaborers, workmen or mechanics employed in the housing industry\ngenerally for the purpose of stabilizing employment in such industry;\n (l) investigate into housing needs and conditions in the state and\ninto the means of improving such conditions; collect and distribute\ninformation relating to housing needs and conditions and methods of\ndealing therewith.\n (m) assist, participate in and otherwise cooperate with, at the\nrequest of, the person or persons or department of any county, city,\ntown, village or other local government charged with the enforcement of\nlaws, ordinances, codes and regulations in relation to multiple\ndwellings in the discharge of such duties.\n (n) enter into contracts with the federal government to receive grants\nto assist in financing tenant services; enter into contracts with and\ndistribute the proceeds of such grants to other state agencies and\nofficials, housing authorities, other public corporations, non-profit\nand other private organizations when, in the commissioner's discretion,\nsuch services might be better provided under such contracts.\n (o) apply for and contract with, or receive and accept assistance as\nan agent of the state, acting by and through the division of housing and\ncommunity renewal, in the form of gifts, grants, loans of funds or of\nproperty, or other aid in any form, from the federal government or any\nagency or instrumentality thereof for purposes of (i) providing housing\nfor persons of low income, (ii) the clearance, replanning,\nreconstruction and rehabilitation of substandard or insanitary housing\nor areas, (iii) the development or redevelopment of distressed,\ndeteriorated or underutilized communities or deteriorating\nneighborhoods, or (iv) the construction or rehabilitation of\nrecreational and other facilities incidental thereto, and to do any and\nall things which may be required under any federal law, regulation or\ncontract in connection with such assistance. No action pursuant to this\nparagraph shall be taken on behalf of or for the benefit of a unit of\nlocal government except at the request of or with the consent of such\nunit. The power herein granted shall not limit the power of any\nmunicipality or agency thereof, or any housing authority or other public\ncorporation or any private entity to apply for and contract with the\nfederal government or any agency or instrumentality thereof for purposes\nof receiving such gifts, grants, loans or other aid.\n (p) develop, publish and distribute a land development guide which\nshall describe those issues which are relevant to the development of an\nappropriate local land use ordinance for localities of varying size and\ncomposition. Such guide may, in the discretion of the commissioner,\ncontain model ordinances, local laws and procedures which may be adopted\nby localities in regulating the development of land. Such guide shall\ndescribe the merits and problems of procedures which localities may\ninclude in any land development law ordinance including but not limited\nto:\n (i) the utilization of a single consolidated application form for use\nby all local agencies having jurisdiction to review and approve such\ndevelopment;\n (ii) coordination of staff review and communications between staff and\nthe applicant;\n (iii) the elimination of separate public hearings by reviewing state,\ncounty and local agencies having jurisdiction whenever practicable and\nif requested by the applicant;\n (iv) the concurrent running of all applicable time limits for\ndecisions by all approving and reviewing agencies; and\n (v) other matters that will encourage efficiency and clarity in the\nland development approval process including the possible use of state\ninducements for localities to address land use development issues. For\nthe preparation of such guide, the commissioner shall establish and meet\nregularly with an advisory committee of no more than twelve persons. One\nmember shall be appointed by the temporary president of the senate, one\nmember shall be appointed by the minority leader of the senate, one\nmember shall be appointed by the speaker of the assembly and one member\nshall be appointed by the minority leader of the assembly. The\ncommissioner shall appoint all other members of the advisory committee\nand shall designate the chairman of the advisory committee. The advisory\ncommittee membership shall be as representative of the various\ngeographical areas of the state as is practicable and shall include\nrepresentatives of New York city and other local governments, state\ngovernment, planning agencies, builder organizations, housing\ndevelopment companies, nonprofit housing development organizations,\nenvironmental organizations and professional design organizations.\nAdvisory committee members shall receive no compensation for their\nservices, but shall be allowed their actual and necessary expenses\nincurred in the performance of their duties.\n The commissioner shall publish the first such guide, no later than the\nthirty-first day of March, 1991. Models published pursuant to this\nsubdivision shall be distributed to local governments and other\ninterested agencies, organizations and persons.\n (w) enter into contracts, as an agent of the state, with private\nentities to encourage the development of new multi-family housing in\nmunicipalities found by the legislature to be suffering from a housing\nemergency at the time of contracting. Such contracts shall include a\ncommitment by the state that any such new housing shall remain exempt\nfrom rent control, rent stabilization and any other form of rent\nregulation for a term of fifty years except where equivalent,\nco-terminus and general controls of prices and wages are imposed or\nwhere the owner or developer of such housing voluntarily agrees to\naccept such regulation in consideration for tax or other governmental\nbenefits. Notwithstanding any other provision of law to the contrary, an\nagreement by the developer to build new multi-family housing in an area\nsuffering from a housing emergency shall be deemed good and valid\nconsideration for the foregoing commitment by the state.\n (x) enforce the emergency tenant protection act of nineteen\nseventy-four, the emergency housing rent control law, the local\nemergency housing rent control act, the rent stabilization law of\nnineteen sixty-nine and any regulations, rules and policies enacted\npursuant thereto, in addition to any other laws, rules or regulations\nrelated to housing that is financed, administered, overseen or otherwise\nregulated by the agency or its related entities which constitute\ncomponent parts of the division; such enforcement authority shall\ninclude, but not be limited to, all of the powers granted by the other\nprovisions of this subdivision, the statutes, rules, regulations and\nother documents governing the administration of housing by the division,\nand, where applicable, the power to issue orders.\n 2. Subject to approval by the state comptroller, and by the\nattorney-general as to form, the commissioner shall have power to make\nand execute contracts and other instruments necessary or convenient to\nthe exercise of his powers relating to state loans and subsidies. The\ncommissioner shall have power to sue in the name of the people of the\nstate; to enforce, by appropriate actions or proceedings, any rights of\nthe state conferred by any law, mortgage, lien, bond, contract or\nagreement and shall be represented in all litigated matters by the\nattorney-general.\n 3. Subject to approval by the state comptroller, the commissioner may\nconsent to the modification of any contract or agreement to which the\nstate is a party pursuant to the provisions of this chapter.\n 4. The agency shall promulgate regulations, rules and policies which\nprovide for the rights of family members to succeed in certain cases to\nthe rights of tenants protected by the emergency tenant protection act\nof nineteen seventy-four, the emergency housing rent control law, the\nlocal emergency housing rent control act, the administrative code of the\ncity of New York and any regulations, rules and policies enacted\npursuant thereto. Such regulations, rules and policies shall contain\nprovisions which include, but shall not be limited to, the following:\n (a) that unless otherwise prohibited by occupancy restrictions based\nupon income limitations pursuant to federal, state or local law,\nregulations or other requirements of governmental agencies, any member\nof the tenant's family, as defined in paragraph (c) of this subdivision,\nshall succeed to the rights of a tenant under such acts and laws where\nthe tenant has permanently vacated the housing accommodation and such\nfamily member has resided with the tenant in the housing accommodation\nas a primary residence for a period of no less than two years, or where\nsuch person is a "senior citizen" or a "disabled person," as defined in\nparagraph (c) of this subdivision, for a period of no less than one\nyear, immediately prior to the permanent vacating of the housing\naccommodation by the tenant, or from the inception of the tenancy or\ncommencement of the relationship, if for less than such periods. For the\npurposes of this paragraph, "permanently vacated" shall mean the date\nwhen the tenant of record permanently stops residing in the housing\naccommodation regardless of subsequent contacts with the unit or the\nsigning of lease renewals or continuation of rent payments. The minimum\nperiods of required residency set forth in this subdivision shall not be\ndeemed to be interrupted by any period during which the "family member"\ntemporarily relocates because he or she:\n (i) is engaged in active military duty;\n (ii) is enrolled as a full time student;\n (iii) is not in residence at the housing accommodation pursuant to a\ncourt order not involving any term or provision of the lease, and not\ninvolving any grounds specified in the real property actions and\nproceedings law;\n (iv) is engaged in employment requiring temporary relocation from the\nhousing accommodation;\n (v) is hospitalized for medical treatment; or\n (vi) has such other reasonable grounds that shall be determined by the\ncommissioner upon application by such person.\n (b) that a tenant may in a form prescribed by the division of housing\nand community renewal, at any time, advise the landlord of, or a\nlandlord may at any time but no more often than once in any twelve\nmonths, request from the tenant, the names of all persons other than the\ntenant who are residing in the housing accommodation, and the following\ninformation pertaining to such persons:\n (i) if the person is a "family member" as defined in paragraph (c) of\nthis subdivision; and\n (ii) if the person is, or upon the passage of the applicable minimum\nperiod of required residency, may become a person entitled to be named\nas a tenant on a renewal lease or to protection from eviction pursuant\nto paragraph (a) of this subdivision, and the date of the commencement\nof such person's primary residence with the tenant; and\n (iii) if the person is a "senior citizen" or a "disabled person" as\ndefined in paragraph (c) of this subdivision.\n Failure of the tenant to provide such information to the landlord,\nregardless of whether the landlord requests the information, shall place\nupon all such persons not so made known to the landlord, who seek to\nexercise the right to be named as a tenant on a renewal lease or the\nright to protection from eviction as provided for in this subdivision,\nthe affirmative obligation to establish such right.\n (c) that for the purposes of such regulations: (i) "family member"\nshall be defined as a husband, wife, son, daughter, stepson,\nstepdaughter, father, mother, stepfather, stepmother, brother, sister,\ngrandfather, grandmother, grandson, granddaughter, daughter-in-law,\nson-in-law, mother-in-law or father-in-law of the tenant; or any other\nperson residing with the tenant in the housing accommodation as a\nprimary residence who can prove emotional and financial commitment, and\ninterdependence between such person and the tenant. Although no single\nfactor shall be solely determinative, evidence which is to be considered\nin determining whether such emotional and financial commitment and\ninterdependence existed, may include, without limitation, such factors\nas listed below. In no event would evidence of a sexual relationship\nbetween such persons be required or considered.\n (A) longevity of the relationship;\n (B) sharing of or relying upon each other for payment of household or\nfamily expenses, or other common necessities of life;\n (C) intermingling of finances as evidenced by, among other things,\njoint ownership of bank accounts, personal and real property, credit\ncards, loan obligations, sharing a household budget for purposes of\nreceiving government benefits, or such other factors as may be\ndetermined by regulation;\n (D) engaging in family-type activities by jointly attending family\nfunctions, holidays and celebrations, social and recreational\nactivities, or such other factors as may be determined by regulation;\n (E) formalizing of legal obligations, intentions, and responsibilities\nto each other by such means as executing wills naming each other as\nexecutor or beneficiary, conferring upon each other a power of attorney\nor authority to make health care decisions each for the other, entering\ninto a personal relationship contract, making a domestic partnership\ndeclaration, or serving as a representative payee for purposes of public\nbenefits, or such other factors as may be determined by regulation;\n (F) holding themselves out as family members to other family members,\nfriends, members of the community or religious institutions, or society\nin general, through their words or actions;\n (G) regularly performing family functions, such as caring for each\nother or each other's extended family members, or relying upon each\nother for daily family services;\n (H) engaging in any other pattern of behavior, agreement, or other\naction which evidences the intention of creating a long-term,\nemotionally-committed relationship.\n (ii) a "senior citizen" is defined as a person who is sixty-two years\nof age or older;\n (iii) a "disabled person" is defined as a person who has an impairment\nwhich results from anatomical, physiological or psychological\nconditions, other than addiction to alcohol, gambling, or any controlled\nsubstance, which are demonstrable by medically acceptable clinical and\nlaboratory diagnostic techniques, and which are expected to be permanent\nand which substantially limit one or more of such person's major life\nactivities.\n 5. In order to effectuate the collection, administration and payment\nof rent payments pursuant to article seven of the real property actions\nand proceedings law, the division of housing and community renewal\nshall, in cooperation with the office of court administration, select\nthrough a competitive process, approved by the state comptroller, a\ncompetent financial institution for the deposit and management of such\npayments.\n 6. Wherever the commissioner has the discretion to determine contract\nawards through a competitive application process, the commissioner shall\ngive preference to applications that propose feasible projects to be\ndeveloped and will be located on a brownfield site that has received a\ncertificate of completion.\n 7. The lease rider promulgated by the commissioner pursuant to the\nemergency tenant protection act of nineteen hundred seventy-four or the\nrent stabilization law of nineteen hundred sixty-nine which is provided\nto tenants shall set forth information relating to fees which an owner\nmay charge tenants separate and apart from and in addition to the rent\nfor the housing accommodation, as well as a description of such fees.\n