Section 26-301. Relocation of tenants  


Latest version.
  • 1.  The  commissioner  of housing
      preservation and development shall have the power and it shall be his or
      her duty:
        (a) To provide and maintain tenant relocation services
        (i) for tenants of real property which  the  commissioner  of  housing
      preservation  and  development  is authorized to maintain and supervise;
      and
        (ii) for tenants  of  real  property  acquired  for  public  purposes,
      excluding  real  property  acquired by or on behalf of the New York city
      housing authority or the triborough bridge and tunnel authority; and
        (iii) for  tenants  of  real  property  located  in  any  neighborhood
      improvement  district  designated by the city planning commission, where
      the displacement of such tenants results from  the  enforcement  of  any
      law,  regulation, order or requirement pertaining to the maintenance and
      operation of such property or the health,  safety  and  welfare  of  its
      occupants; and
        (iv)  when  authorized  by the mayor, for the tenants of any privately
      owned  building  or  other  improvement  which  is  to  be   voluntarily
      rehabilitated  in accordance with an urban renewal plan pursuant to law;
      and
        (v) for tenants of any privately owned building where the displacement
      of such tenants results from the enforcement  of  any  law,  regulation,
      order  or requirement pertaining to the maintanance or operation of such
      building or the health, safety and welfare of its occupants.
        Such services shall consist of such activities as he or she  may  deem
      necessary,  useful  or  appropriate  for the relocation of such tenants,
      including but not limited to the gathering and furnishing of information
      as to suitable vacant accommodations, the making of studies and  surveys
      for  the  purpose  of  locating such accommodations and the provision of
      facilities  for  the  registration  of  such  accommodations  with   the
      department  by  owners, lessors and managing agents of real property and
      others.
        (b) Subject to the approval of the mayor, to fix  and  promulgate  and
      from  time to time amend a schedule of payments to be made to or for the
      benefit of and to aid in the relocation of tenants. Such  schedule  with
      respect  to  payments resulting from or relative to state or state-aided
      programs or activities within the city of New York shall also be subject
      to the approval of the director of the state division of the budget  and
      of  the  head of the state department or agency having jurisdiction over
      such program, activity or aid. Such schedule  shall  provide  for  equal
      treatment of tenants under similar circumstances, shall be applicable as
      herein  provided  and may include but need not be limited to payments to
      be made to such  tenants  to  induce  their  voluntary  removal,  moving
      expenses  and  expenses  of  redecorating  accommodations  to which such
      tenants are relocated and  payments  to  persons  for  the  services  of
      finding  accommodations  to which such tenants are to be relocated. Such
      schedule  may  include  maximum  or  minimum  payments,  or  both.   The
      acceptance  of a payment provided for under such schedule by a landlord,
      owner or authorized agent shall not be deemed a violation  of  any  rent
      regulation or statutory prohibition to the contrary.
        (c)  Subject to the approval of the mayor, to adopt and promulgate and
      from  time  to  time  amend  supplementary  rules  and  regulations  not
      inconsistent with the provisions of this section in regard to relocation
      practices and procedures, applicable as herein provided.
        (d)  To  schedule  and  coordinate the tenant relocation operations of
      agencies, persons,  firms  and  corporations  to  which  the  rules  and
      regulations promulgated pursuant to this section are applicable.
    
        (e)  To review conditions of city-owned dwellings used for residential
      purposes and, upon submission of a report by two qualified employees  of
      the agency following a personal inspection, setting forth a finding that
      any  such  dwelling  is in condition which endangers the life, health or
      safety  of  the  occupants,  and  if  he or she accepts such report, the
      commissioner may certify that the conditions in the  dwelling  are  such
      that  they require that the dwelling be vacated in which event he or she
      shall:
        (i) order such dwelling to be vacated by its occupants  upon  no  less
      than thirty days written notice to such occupants; and
        (ii)  provide  relocation  services  and  allowances for occupants who
      relocate pursuant to any such order and the regulations  promulgated  by
      the department.
        2. The commissioner shall have power, when authorized by the mayor, to
      let  contracts  for the furnishing of maintenance services, payments and
      benefits deemed necessary, useful or  appropriate  for  the  purpose  of
      assisting  in  the  relocation  of tenants of real property mentioned in
      subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of  subdivision
      one  of  this  section,  provided that payments to be made to or for the
      benefit of such tenants shall be those fixed and promulgated pursuant to
      paragraph (b) of subdivision one of this section.
        3.  Notwithstanding  any  other  provisions  of  law,   the   schedule
      promulgated pursuant to paragraph (b) of subdivision one of this section
      and  the  rules and regulations promulgated pursuant to paragraph (c) of
      subdivision one of this section shall, to the extent to which  they  are
      not  inconsistent  with  any  federal  act or regulation issued pursuant
      thereto, be applicable to every agency and public corporation engaged in
      the relocation of tenants including, but not limited to, the  department
      of  housing  preservation  and  development,  the  New York city housing
      authority and the triborough bridge and tunnel authority, and shall also
      be applicable, as therein provided and to the extent to which  they  are
      not  inconsistent  with  any  federal  act or regulation issued pursuant
      thereto,  to  every  person,  firm  or  corporation   whose   relocation
      activities  are subject to the supervision of the department pursuant to
      section 26-302  of  this  chapter  provided,  however,  that  where  the
      commissioner  furnishes  relocation  services to any tenants pursuant to
      the provisions of subparagraph (iv) of paragraph (a) of subdivision  one
      of  this  section, such schedule shall be applicable to the person, firm
      or corporation which has contracted with the city for the rehabilitation
      of the building or other improvement occupied by such tenants, and  such
      person, firm or corporation shall make payments to or for the benefit of
      such  tenants in accordance with such schedule, subject to adjustment as
      to payments with respect to which federal reimbursement is provided.
        4. The commissioner shall have the power to investigate,  examine  and
      inspect  relocation  operations  which  are subject to the provisions of
      this section.
        5. The commissioner shall annually submit to the mayor, the  board  of
      estimate,  and  the  council  a  detailed  report  on  tenant relocation
      activities which are subject to  the  provisions  of  this  section  and
      recommendations  in  regard  thereto and shall coordinate the efforts of
      and consider the reports, recommendations and suggestions of public  and
      private agencies and civic groups in regard thereto.
        6. a. There shall be an interagency relocation coordinating committee,
      which  shall  consist  of  a  deputy  mayor designated by the mayor, and
      representatives of the department of buildings, the department  of  city
      planning,  department  of  health  and mental hygiene, the department of
      housing  preservation  and  development,  the  New  York  city   housing
      authority,  the  commission on human rights, the board of education, the
    
      triborough bridge and tunnel authority  and  the  department  of  social
      services.  Each such board, authority, commission or agency and the head
      of each such department shall appoint as a representative one officer or
      employee  who  is  a  member  of  the  staff  of  such board, authority,
      commission, department or agency and is qualified to participate in  the
      functions  of  the  committee as herein prescribed. Such representatives
      shall represent their respective agencies as members of  the  committee.
      The  deputy  mayor designated by the mayor as a member of such committee
      shall be its chairperson. It shall advise the  commissioner  of  housing
      preservation   and   development   for  the  purpose  of  assisting  the
      commissioner in developing a relocation program for the city which  will
      best serve the public interest. The members of the committee shall serve
      as such without additional compensation.
        b. Notwithstanding any other provisions of law, no officer or employee
      of  the city or other public officer or employee shall be ineligible for
      appointment or service as a member of the committee and any such officer
      or employee may accept any such appointment and  serve  as  such  member
      without  forfeiture of any other city or public office or any other city
      position or other position of public employment by reason thereof.