§ 631 — Resident protections and opportunities

New York § 631

• Jurisdiction: New York
• Law PBG: Public Housing
• Art. 15: New York City Public Housing Preservation Trust

Text

§ 631. Resident protections and opportunities. 1. The protections\nafforded to a resident of a housing facility shall be consistent with\nthose afforded to a public housing resident, to the extent permitted in\naccordance with federal law, and subject to and with the approval of the\nUnited States department of housing and urban development. These\nprotections shall include, but are not limited to:\n (a) preserving the affordable character of such housing facility in\naccordance with section eight of the United States housing act of\nnineteen hundred thirty-seven, as amended, or any successor provision\nand with part five of title twenty-four of the code of federal\nregulations or any successor regulation;\n (b) ensuring that any resident required to relocate temporarily for\npurposes of rehabilitation or redevelopment of such housing facility is\nguaranteed the ability to return to such housing facility following the\ncompletion of such rehabilitation or redevelopment, and that the\nrelocation expenses of such temporary relocation be paid for by the\ntrust or NYCHA as required by applicable federal law;\n (c) providing a resident of such housing facility the opportunity to\nestablish and operate a council to represent residents in such housing\nfacility to address concerns relating to such facility, pursuant to\nsubpart b of part nine hundred sixty-four of title twenty-four of the\ncode of federal regulations or any successor regulation, and to be\neligible for resident participation funding from the trust consistent\nwith funding available to residents of public housing pursuant to\nsection 964.150 of title twenty-four of the code of federal regulations\nor any successor regulation, provided that any resident council that, at\nthe time of the transfer of a housing facility to the trust, is\ncertified by NYCHA as the resident council shall be recognized by the\ntrust as the resident council of such housing facility;\n (d) providing a resident of a housing facility an opportunity for an\ninformal hearing to grieve any dispute that such resident may have with\nrespect to an action of the trust with regard to such resident's lease,\nconsistent with the obligation of a public housing agency pursuant to\nparagraph eight of subdivision (e) of section 966.4 of title twenty-four\nof the code of federal regulations or any successor regulations and\npursuant to subpart b of part nine hundred sixty-six of title\ntwenty-four of the code of federal regulations or any successor\nregulations;\n (e) providing a resident of a housing facility automatic renewal of\nsuch resident's leases, except for good cause as specified in the lease\nbetween such resident and the trust, consistent with the requirements\nrelating to a lease between a public housing agency and a tenant of a\ndwelling unit pursuant to subparagraph (i) of paragraph two of\nsubdivision (a) and subdivision (l) of section 966.4 of title\ntwenty-four of the code of federal regulations or any successor\nregulation;\n (f) determining succession to a lease between a resident and the trust\nin accordance with the succession policy described in the management\nmanual, and any amendments to such manual, of NYCHA;\n (g) permitting a resident whose total tenant payment, as defined in\nsection 983.3 of title twenty-four of the code of federal regulations,\nor any successor regulations, would equal or exceed the rent to owner,\nas defined in section 983.3 of title twenty-four of the code of federal\nregulations or any successor regulations, to remain in a housing\nfacility and pay rent in an amount to be determined by the trust and\nNYCHA and as set forth in the lease of such resident;\n (h) determining succession to a voucher pursuant to section eight of\nthe United States housing act of nineteen hundred thirty-seven, as\namended, or any successor provision, in accordance with the housing\nvoucher program administrative plan, and any amendments to such plan, of\nNYCHA; and\n (i) no rescreening for eligibility or right-sizing of residents of a\nhousing facility as a result of a transfer of the leasehold interest\nfrom NYCHA to the trust.\n 2. The resident protections described in subdivision one of this\nsection shall be enumerated in the ground lease or other appropriate\nagreement between NYCHA and the trust and shall be further enumerated in\nwriting between the trust and each resident of a housing facility.\nNothing in this section shall preclude the trust or NYCHA from providing\nadditional resident protections, which may be enumerated in any such\nground lease or agreement.\n 3. The trust, to the greatest extent feasible, and consistent with\nfederal, state and local laws and regulations, shall ensure that\nemployment and other economic opportunities be directed to residents of\nthe housing facilities, consistent with section three of the federal\nhousing and urban development act of nineteen hundred sixty-eight, as\namended, and part seventy-five of title twenty-four of the code of\nfederal regulations or any successor law or regulation. All project\nlabor agreements shall be consistent with this subdivision.\n 4. The trust shall act in accordance with the full requirements of\npart nine hundred sixty-four of title twenty-four of the code of federal\nregulations or any successor regulation. The trust shall, among other\nrequirements, support resident participation in the operations of the\nhousing facilities and negotiate, with any resident management\ncorporations, or equivalent that satisfies the requirements of such\npart, for operation of a housing facility. The trust shall consider\napplications of resident organizations, community organizations or other\nlocal organizations for grant funding, as available, to provide\ntraining, technical assistance, and education to residents to support\nactive resident participation in the planning and implementation of the\nconversion process.\n 5. The trust shall ensure residents participate in the process to\nprocure the vendors that will perform capital renovation, modernization,\nand construction work, excluding emergency procurements.\n 6. The trust shall create committees consisting of members as\nappropriate, which shall include, but not be limited to, trust employees\nand residents of the housing facility where construction,\nreconstruction, rehabilitation, alteration, renovation, maintenance and\nrepair work is being performed, and such committees shall meet as needed\nto provide input, and oversight, along with recommendations, with\nrespect to the quality of such work performed by the vendors of the\ntrust.\n 7. The trust and NYCHA shall, in accordance with applicable law,\nestablish a procedure and eligibility requirements by which a person who\nis not a tenant of record as of thirty days before the execution of the\ntransfer of a leasehold interest in the housing facility to the trust\nmay become a tenant of record based on consideration of the familial\nnexus of such person to the last tenant of record on file with NYCHA,\nsuch individuals to include, but not be limited to, aunts, uncles,\nnieces, nephews, and first cousins, provided that such applications to\nbecome a tenant of record following the transfer of a leasehold interest\nin the housing facility to the trust shall be made no later than thirty\ndays before such transfer. Any requests received after such date will be\nreviewed in accordance with the policies described in the administrative\nplan, and any amendments to such plan, of NYCHA.\n