NY Pub Hsg L § 14 (2021)
2021 New York Laws PBG - Public Housing Article 2 - Division of Housing 14 - Powers and Duties of the Commissioner; Generally.

§ 14. Powers and duties of the commissioner; generally. 1. In addition to  the powers hereinafter granted, the commissioner, his counsel or any other officer or employee of the division specially  designated  by  the commissioner shall have the following powers:  (a) assist in the preparation of legislation and formulate regulations in relation to authorities and their functions;  (b)   investigate   into   monopolies   of   building  materials,  and extortionate, illegal or unfair activities or  practices  affecting  the cost  of  construction  or  production  of  buildings and cooperate with federal and state investigating officers to end such abuses;  (c) make reports from time to time to the  governor  with  respect  to matters within his jurisdiction;  (d) investigate into the affairs of authorities and into the dealings, transactions or relationships of authorities with third persons;  (e)  administer  oaths, take affidavits, hear testimony and take proof under oath at public or private hearings;  (f) make or order inspections  of  all  places  to  which  his  duties relate;  (g)   subpoena  and  require  the  attendance  of  witnesses  and  the production of books and papers  pertaining  to  the  investigations  and inquiries authorized by this chapter and examine them in relation to any matter he has power to investigate;  (h)  issue commissions for the examination of witnesses who are out of the state or unable to attend before him or are excused from attendance;  (i) subject to the powers of the state  comptroller  or  of  municipal comptroller, as the case may be, prescribe methods and forms for keeping accounts, records and books to be used by an authority;  (j)  require an authority to file periodic reports not more often than quarterly, covering its operations and activities, in a form  prescribed by him;  (k) investigate the possibility of negotiating a fixed annual wage for laborers,   workmen  or  mechanics  employed  in  the  housing  industry generally for the purpose of stabilizing employment in such industry;  (l) investigate into housing needs and conditions  in  the  state  and into  the  means  of  improving  such conditions; collect and distribute information relating to housing needs  and  conditions  and  methods  of dealing therewith.  (m)  assist,  participate  in  and  otherwise  cooperate  with, at the request of, the person or persons or department  of  any  county,  city, town,  village or other local government charged with the enforcement of laws,  ordinances,  codes  and  regulations  in  relation  to   multiple dwellings in the discharge of such duties.  (n) enter into contracts with the federal government to receive grants to  assist  in  financing tenant services; enter into contracts with and distribute the proceeds of such  grants  to  other  state  agencies  and officials,  housing  authorities,  other public corporations, non-profit and other private organizations when, in the commissioner's  discretion, such services might be better provided under such contracts.  (o)  apply  for and contract with, or receive and accept assistance as an agent of the state, acting by and through the division of housing and community renewal, in the form of gifts, grants, loans of  funds  or  of property,  or  other aid in any form, from the federal government or any agency or instrumentality thereof for purposes of (i) providing  housing for   persons   of   low   income,   (ii)   the  clearance,  replanning, reconstruction and rehabilitation of substandard or  insanitary  housing or   areas,  (iii)  the  development  or  redevelopment  of  distressed, deteriorated   or    underutilized    communities    or    deteriorating neighborhoods,   or   (iv)   the   construction   or  rehabilitation  of  recreational and other facilities incidental thereto, and to do any  and all  things  which  may be required under any federal law, regulation or contract in connection with such assistance. No action pursuant to  this paragraph  shall  be  taken on behalf of or for the benefit of a unit of local government except at the request of or with the  consent  of  such unit.  The  power  herein  granted  shall  not  limit  the  power of any municipality or agency thereof, or any housing authority or other public corporation or any private entity to apply for  and  contract  with  the federal government or any agency or instrumentality thereof for purposes of receiving such gifts, grants, loans or other aid.  (p)  develop,  publish  and  distribute a land development guide which shall describe those issues which are relevant to the development of  an appropriate  local land use ordinance for localities of varying size and composition. Such guide may, in  the  discretion  of  the  commissioner, contain model ordinances, local laws and procedures which may be adopted by  localities  in  regulating the development of land. Such guide shall describe the merits and problems  of  procedures  which  localities  may include  in any land development law ordinance including but not limited to:  (i) the utilization of a single consolidated application form for  use by  all  local  agencies  having jurisdiction to review and approve such development;  (ii) coordination of staff review and communications between staff and the applicant;  (iii) the elimination of separate public hearings by reviewing  state, county  and  local agencies having jurisdiction whenever practicable and if requested by the applicant;  (iv)  the  concurrent  running  of  all  applicable  time  limits  for decisions by all approving and reviewing agencies; and  (v)  other  matters  that will encourage efficiency and clarity in the land development approval process including the possible  use  of  state inducements  for  localities to address land use development issues. For the preparation of such guide, the commissioner shall establish and meet regularly with an advisory committee of no more than twelve persons. One member shall be appointed by the temporary president of the senate,  one member  shall  be  appointed  by  the minority leader of the senate, one member shall be appointed by the speaker of the assembly and one  member shall  be  appointed  by  the  minority  leader  of  the  assembly.  The commissioner shall appoint all other members of the  advisory  committee and shall designate the chairman of the advisory committee. The advisory committee   membership   shall  be  as  representative  of  the  various geographical areas of the state as  is  practicable  and  shall  include representatives  of  New  York  city  and other local governments, state government,   planning   agencies,   builder   organizations,    housing development  companies,  nonprofit  housing  development  organizations, environmental  organizations  and  professional  design   organizations. Advisory  committee  members  shall  receive  no  compensation for their services, but shall be  allowed  their  actual  and  necessary  expenses incurred in the performance of their duties.   The commissioner shall publish the first such guide, no later than the thirty-first  day  of  March,  1991.  Models  published pursuant to this subdivision  shall  be  distributed  to  local  governments  and   other interested agencies, organizations and persons.  (w)  enter  into  contracts,  as  an  agent of the state, with private entities to encourage the development of  new  multi-family  housing  in municipalities  found  by the legislature to be suffering from a housing emergency at the time of contracting. Such  contracts  shall  include  a commitment  by  the  state that any such new housing shall remain exempt  from rent control,  rent  stabilization  and  any  other  form  of  rent regulation   for   a  term  of  fifty  years  except  where  equivalent, co-terminus and general controls of prices  and  wages  are  imposed  or where  the  owner  or  developer  of  such housing voluntarily agrees to accept such regulation in consideration for tax  or  other  governmental benefits. Notwithstanding any other provision of law to the contrary, an agreement  by the developer to build new multi-family housing in an area suffering from a housing  emergency  shall  be  deemed  good  and  valid consideration for the foregoing commitment by the state.   2.   Subject  to  approval  by  the  state  comptroller,  and  by  the attorney-general as to form, the commissioner shall have power  to  make and  execute  contracts and other instruments necessary or convenient to the exercise of his powers relating to state loans  and  subsidies.  The commissioner  shall  have  power to sue in the name of the people of the state; to enforce, by appropriate actions or proceedings, any rights  of the  state  conferred  by  any  law,  mortgage,  lien, bond, contract or agreement and shall be represented  in  all  litigated  matters  by  the attorney-general.   3.  Subject to approval by the state comptroller, the commissioner may consent to the modification of any contract or agreement  to  which  the state is a party pursuant to the provisions of this chapter.   4.  The  agency shall promulgate regulations, rules and policies which provide for the rights of family members to succeed in certain cases  to the  rights  of tenants protected by the emergency tenant protection act of nineteen seventy-four, the emergency housing rent  control  law,  the local emergency housing rent control act, the administrative code of the city  of  New  York  and  any  regulations,  rules  and policies enacted pursuant thereto. Such regulations, rules  and  policies  shall  contain provisions which include, but shall not be limited to, the following:  (a)  that  unless otherwise prohibited by occupancy restrictions based upon income  limitations  pursuant  to  federal,  state  or  local  law, regulations  or  other requirements of governmental agencies, any member of the tenant's family, as defined in paragraph (c) of this subdivision, shall succeed to the rights of a tenant under such acts and  laws  where the  tenant  has  permanently vacated the housing accommodation and such family member has resided with the tenant in the  housing  accommodation as  a primary residence for a period of no less than two years, or where such person is a "senior citizen" or a "disabled person," as defined  in paragraph  (c)  of  this  subdivision,  for a period of no less than one year, immediately  prior  to  the  permanent  vacating  of  the  housing accommodation  by  the  tenant,  or from the inception of the tenancy or commencement of the relationship, if for less  than  such  periods.  The minimum  periods  of  required  residency  set forth in this subdivision shall not be deemed to be interrupted by any  period  during  which  the "family member" temporarily relocates because he or she:  (i) is engaged in active military duty;  (ii) is enrolled as a full time student;  (iii)  is  not in residence at the housing accommodation pursuant to a court order not involving any term or provision of the  lease,  and  not involving  any  grounds  specified  in  the  real  property  actions and proceedings law;  (iv) is engaged in employment requiring temporary relocation from  the housing accommodation;  (v) is hospitalized for medical treatment; or  (vi) has such other reasonable grounds that shall be determined by the commissioner upon application by such person.  (b)  that a tenant may in a form prescribed by the division of housing and community renewal, at  any  time,  advise  the  landlord  of,  or  a  landlord  may  at  any  time  but  no more often than once in any twelve months, request from the tenant, the names of all persons other than the tenant who are residing in the housing accommodation, and the  following information pertaining to such persons:  (i)  if the person is a "family member" as defined in paragraph (c) of this subdivision; and  (ii) if the person is, or upon the passage of the  applicable  minimum period  of  required residency, may become a person entitled to be named as a tenant on a renewal lease or to protection from  eviction  pursuant to  paragraph  (a) of this subdivision, and the date of the commencement of such person's primary residence with the tenant; and  (iii) if the person is a "senior citizen" or a  "disabled  person"  as defined in paragraph (c) of this subdivision.   Failure  of  the  tenant  to provide such information to the landlord, regardless of whether the landlord requests the information, shall place upon all such persons not so made known to the  landlord,  who  seek  to exercise  the  right  to  be named as a tenant on a renewal lease or the right to protection from eviction as provided for in  this  subdivision, the affirmative obligation to establish such right.  (c)  that  for  the  purposes of such regulations: (i) "family member" shall  be  defined  as  a  husband,  wife,   son,   daughter,   stepson, stepdaughter,  father,  mother, stepfather, stepmother, brother, sister, grandfather,  grandmother,  grandson,  granddaughter,   daughter-in-law, son-in-law,  mother-in-law  or father-in-law of the tenant; or any other person residing with the  tenant  in  the  housing  accommodation  as  a primary  residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. Although  no  single factor shall be solely determinative, evidence which is to be considered in  determining  whether  such  emotional  and  financial commitment and interdependence existed, may include, without limitation,  such  factors as  listed  below.  In  no event would evidence of a sexual relationship between such persons be required or considered.  (A) longevity of the relationship;  (B) sharing of or relying upon each other for payment of household  or family expenses, or other common necessities of life;  (C)  intermingling  of  finances  as evidenced by, among other things, joint ownership of bank accounts, personal  and  real  property,  credit cards,  loan  obligations,  sharing  a  household budget for purposes of receiving  government  benefits,  or  such  other  factors  as  may   be determined by regulation;  (D)  engaging  in  family-type  activities by jointly attending family functions,  holidays   and   celebrations,   social   and   recreational activities, or such other factors as may be determined by regulation;  (E) formalizing of legal obligations, intentions, and responsibilities to  each  other  by  such  means as executing wills naming each other as executor or beneficiary, conferring upon each other a power of  attorney or  authority to make health care decisions each for the other, entering into a personal relationship contract,  making  a  domestic  partnership declaration, or serving as a representative payee for purposes of public benefits, or such other factors as may be determined by regulation;  (F)  holding themselves out as family members to other family members, friends, members of the community or religious institutions, or  society in general, through their words or actions;  (G)  regularly  performing  family  functions, such as caring for each other or each other's extended family  members,  or  relying  upon  each other for daily family services;  (H)  engaging  in  any  other pattern of behavior, agreement, or other action  which  evidences  the  intention  of   creating   a   long-term, emotionally-committed relationship.  (ii)  a "senior citizen" is defined as a person who is sixty-two years of age or older;  (iii) a "disabled person" is defined as a person who has an impairment which  results   from   anatomical,   physiological   or   psychological conditions, other than addiction to alcohol, gambling, or any controlled substance,  which  are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such  person's  major  life activities.  (d) a procedure for maintaining records for the purpose of determining an  owner's  entitlement  to  the  vacancy  allowance  provided  for  in subdivision f of section 26-512 of the administrative code of  the  city of  New  York,  subdivision  g  of  section  six  of section four of the emergency tenant protection act of  nineteen  seventy-four,  subdivision nine  of section five of the emergency housing rent control law, section 26-403.2 of the administrative code of the city  of  New  York  and  the fifth  undesignated  paragraph  of  section  one  of the local emergency housing rent control act.   5. In order to effectuate the collection, administration  and  payment of  rent payments pursuant to article seven of the real property actions and proceedings law, the  division  of  housing  and  community  renewal shall,  in  cooperation  with the office of court administration, select through a competitive process, approved  by  the  state  comptroller,  a competent  financial  institution for the deposit and management of such payments.   6. Wherever the commissioner has the discretion to determine  contract awards through a competitive application process, the commissioner shall give  preference  to  applications  that propose feasible projects to be developed and will be located on a brownfield site that has  received  a certificate of completion.   7.  The  lease  rider  promulgated by the commissioner pursuant to the emergency tenant protection act of nineteen hundred seventy-four or  the rent  stabilization law of nineteen hundred sixty-nine which is provided to tenants shall set forth information relating to fees which  an  owner may  charge  tenants separate and apart from and in addition to the rent for the housing accommodation, as well as a description of such fees.