2023 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.
(x)   enforce   the   emergency  tenant  protection  act  of  nineteen
seventy-four,  the  emergency  housing  rent  control  law,  the   local
emergency  housing  rent  control  act,  the  rent  stabilization law of
nineteen sixty-nine and any  regulations,  rules  and  policies  enacted
pursuant  thereto,  in  addition to any other laws, rules or regulations
related to housing that is financed, administered, overseen or otherwise
regulated by  the  agency  or  its  related  entities  which  constitute
component  parts  of  the  division;  such  enforcement  authority shall
include, but not be limited to, all of the powers granted by  the  other
provisions  of  this  subdivision,  the statutes, rules, regulations and
other documents governing the administration of housing by the division,
and, where applicable, the power to issue orders.
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. For the
purposes  of  this  paragraph, "permanently vacated" shall mean the date
when the tenant of record permanently  stops  residing  in  the  housing
accommodation  regardless  of  subsequent  contacts with the unit or the
signing of lease renewals or continuation of rent payments. 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.
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.