2023 New York Laws › PBG - Public Housing › Article 15 - New York City Public Housing Preservation Trust › 631 - Resident Protections and Opportunities.

§  631.  Resident  protections  and  opportunities. 1. The protections
afforded to a resident of a housing facility shall  be  consistent  with
those  afforded to a public housing resident, to the extent permitted in
accordance with federal law, and subject to and with the approval of the
United  States  department  of  housing  and  urban  development.  These
protections shall include, but are not limited to:
(a)  preserving  the  affordable character of such housing facility in
accordance with section eight  of  the  United  States  housing  act  of
nineteen  hundred  thirty-seven,  as amended, or any successor provision
and with  part  five  of  title  twenty-four  of  the  code  of  federal
regulations or any successor regulation;
(b)  ensuring  that  any resident required to relocate temporarily for
purposes of rehabilitation or redevelopment of such housing facility  is
guaranteed  the ability to return to such housing facility following the
completion  of  such  rehabilitation  or  redevelopment,  and  that  the
relocation  expenses  of  such  temporary  relocation be paid for by the
trust or NYCHA as required by applicable federal law;
(c) providing a resident of such housing facility the  opportunity  to
establish  and  operate a council to represent residents in such housing
facility to address concerns relating  to  such  facility,  pursuant  to
subpart  b  of  part nine hundred sixty-four of title twenty-four of the
code of federal regulations or  any  successor  regulation,  and  to  be
eligible  for  resident  participation funding from the trust consistent
with funding available  to  residents  of  public  housing  pursuant  to
section  964.150 of title twenty-four of the code of federal regulations
or any successor regulation, provided that any resident council that, at
the time of the  transfer  of  a  housing  facility  to  the  trust,  is
certified  by  NYCHA  as the resident council shall be recognized by the
trust as the resident council of such housing facility;
(d) providing a resident of a housing facility an opportunity  for  an
informal  hearing to grieve any dispute that such resident may have with
respect to an action of the trust with regard to such resident's  lease,
consistent  with  the  obligation of a public housing agency pursuant to
paragraph eight of subdivision (e) of section 966.4 of title twenty-four
of the code of federal regulations  or  any  successor  regulations  and
pursuant   to  subpart  b  of  part  nine  hundred  sixty-six  of  title
twenty-four  of  the  code  of  federal  regulations  or  any  successor
regulations;
(e)  providing  a  resident of a housing facility automatic renewal of
such resident's leases, except for good cause as specified in the  lease
between  such  resident  and the trust, consistent with the requirements
relating to a lease between a public housing agency and a  tenant  of  a
dwelling   unit  pursuant  to  subparagraph  (i)  of  paragraph  two  of
subdivision  (a)  and  subdivision  (l)  of  section  966.4   of   title
twenty-four  of  the  code  of  federal  regulations  or  any  successor
regulation;
(f) determining succession to a lease between a resident and the trust
in accordance with the succession policy  described  in  the  management
manual, and any amendments to such manual, of NYCHA;
(g)  permitting  a  resident whose total tenant payment, as defined in
section 983.3 of title twenty-four of the code of  federal  regulations,
or  any  successor regulations, would equal or exceed the rent to owner,
as defined in section 983.3 of title twenty-four of the code of  federal
regulations  or  any  successor  regulations,  to  remain  in  a housing
facility and pay rent in an amount to be determined  by  the  trust  and
NYCHA and as set forth in the lease of such resident;
(h)  determining  succession to a voucher pursuant to section eight of
the United States housing  act  of  nineteen  hundred  thirty-seven,  as

amended,  or  any  successor  provision,  in accordance with the housing
voucher program administrative plan, and any amendments to such plan, of
NYCHA; and
(i)  no  rescreening for eligibility or right-sizing of residents of a
housing facility as a result of a transfer  of  the  leasehold  interest
from NYCHA to the trust.
2.  The  resident  protections  described  in  subdivision one of this
section shall be enumerated in the ground  lease  or  other  appropriate
agreement between NYCHA and the trust and shall be further enumerated in
writing  between  the  trust  and  each  resident of a housing facility.
Nothing in this section shall preclude the trust or NYCHA from providing
additional resident protections, which may be  enumerated  in  any  such
ground lease or agreement.
3.  The  trust,  to  the greatest extent feasible, and consistent with
federal, state  and  local  laws  and  regulations,  shall  ensure  that
employment  and other economic opportunities be directed to residents of
the housing facilities, consistent with section  three  of  the  federal
housing  and  urban  development act of nineteen hundred sixty-eight, as
amended, and part seventy-five of  title  twenty-four  of  the  code  of
federal  regulations  or  any  successor  law or regulation. All project
labor agreements shall be consistent with this subdivision.
4. The trust shall act in accordance with  the  full  requirements  of
part nine hundred sixty-four of title twenty-four of the code of federal
regulations  or  any  successor regulation. The trust shall, among other
requirements, support resident participation in the  operations  of  the
housing   facilities   and   negotiate,  with  any  resident  management
corporations, or equivalent that  satisfies  the  requirements  of  such
part,  for  operation  of  a  housing facility. The trust shall consider
applications of resident organizations, community organizations or other
local  organizations  for  grant  funding,  as  available,  to   provide
training,  technical  assistance,  and education to residents to support
active resident participation in the planning and implementation of  the
conversion process.
5.  The  trust  shall  ensure  residents participate in the process to
procure the vendors that will perform capital renovation, modernization,
and construction work, excluding emergency procurements.
6.  The  trust  shall  create  committees  consisting  of  members  as
appropriate, which shall include, but not be limited to, trust employees
and    residents   of   the   housing   facility   where   construction,
reconstruction, rehabilitation, alteration, renovation, maintenance  and
repair work is being performed, and such committees shall meet as needed
to  provide  input,  and  oversight,  along  with  recommendations, with
respect to the quality of such work performed  by  the  vendors  of  the
trust.
7.  The  trust  and  NYCHA  shall,  in accordance with applicable law,
establish a procedure and eligibility requirements by which a person who
is not a tenant of record as of thirty days before the execution of  the
transfer  of  a  leasehold interest in the housing facility to the trust
may become a tenant of record based on  consideration  of  the  familial
nexus  of  such  person to the last tenant of record on file with NYCHA,
such individuals to include, but  not  be  limited  to,  aunts,  uncles,
nieces,  nephews,  and first cousins, provided that such applications to
become a tenant of record following the transfer of a leasehold interest
in the housing facility to the trust shall be made no later than  thirty
days before such transfer. Any requests received after such date will be
reviewed in accordance with the policies described in the administrative
plan, and any amendments to such plan, of NYCHA.