New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1627 - Occupancy › Subpart 1627-7 - Standard of Desirability for Eligibility for Admission or Continued Occupancy, and Authority Board of Review › Section 1627-7.3 - Authority board of review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
						housing authorities, except the New York City Housing Authority, shall
						establish by resolution an authority board of review, hereinafter referred to
						as the board. The board shall consist of at least three members of the
						authority and be appointed by the chairman of the authority. The members shall
						select a chairman from among themselves. The board shall meet at such times and
						places as fixed by the chairman of the board. A quorum of the board shall
						consist of a majority of the members of the board. A majority vote of the
						members of the board shall be required for a decision by the board. The housing
						project manager and/or authority counsel, if requested by the board, shall be
						present at the board meetings for the purpose of making available to the board
						such information and advice as it may require.
(b) The board shall review appeals by tenants
						from any administrative ruling or finding of ineligibility for continued
						occupancy in any authority project. Such review will be had upon the written
						demand of the tenant for a hearing by the board, made within 30 days after
						written notice to the tenant of the administrative ruling or finding of
						ineligibility for continued occupancy. At such hearing the tenant may appear by
						counsel or other qualified representative of his choice. The board shall also
						review appeals by applicants from any administrative ruling or finding of
						ineligibility for admission upon written demand of the applicant, made within
						30 days after the interview granted in accordance with the provisions of
						section
						156-a of
						the Public Housing Law. The applicant, at the time of such interview, shall be
						apprised of his right to a review by the board of review. Such review shall be
						in the form of an informal hearing, at which the applicant may appear by
						counsel or any other qualified representative of his choice, and present,
						either orally or in writing, material relevant to said appeal.
(c) A decision of a majority of the board
						shall be final, subject only to review by appropriate judicial proceeding.
						Failure of the board to reach a majority decision shall be cause for a remand
						of the matter to a formal meeting of the authority members called for the
						purpose of hearing and determining the matter. A decision by a majority of the
						members of the authority at such hearing shall have the same effect as a
						decision of the majority of the board.
(d) Minutes shall be kept of all meetings or
						hearings of the board and the authority in these matters. Such minutes do not
						necessarily have to be stenographic or in haec verba.
(e) A written demand for review by the tenant
						shall not affect any legal action taken by the authority to terminate tenancy,
						but the authority shall not evict any tenant whose appeal has not been finally
						determined.
(f) The resolution
						establishing the authority board of review, as well as any rules adopted to
						implement such resolution, are subject to the approval of the division. All
						housing authorities may establish by resolution an exception to the procedure
						set forth herein to appeal a declaration of nondesirability where the grounds
						therefor are the unlawful possession, trade, manufacture, distribution, storage
						and/or sale of a controlled substance or marijuana, or the unlawful possession,
						use or display of a weapon.