Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 26. HOUSING AND BUILDINGS |
Chapter 2. RELOCATION SERVICES |
Section 26-301. Relocation of tenants
Latest version.
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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.