2021
L.L. 2021/002
Enactment date: 1/5/2021
Int. No. 1415-A
By Council Members Lander, Adams, Ayala, Cabrera, Brannan, Eugene, Moya, Rosenthal, Menchaca, Kallos, Reynoso, Levine, Van Bramer, Salamanca, Chin, Rivera, Treyger, Levin, Cumbo, Torres, Rodriguez, Constantinides, Ampry-Samuel, Gibson, Powers, Rose, Louis, Koslowitz, Cornegy and Barron
A Local Law to amend the administrative code of the city of New York, in relation to wrongful discharge of fast food employees
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 7. This local law takes effect 180 days after it becomes law, except that section two of this local law and the authority of the department of consumer and worker protection to enforce the provisions of this local law pursuant to section 20-1207 of the administrative code of the city of New York take effect 240 days after this local law becomes law, and provided that the commissioner of the department of consumer and worker protection may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such effective date.
L.L. 2021/004
Enactment date: 1/10/2021
Int. No. 1314-A
By the Public Advocate (Mr. Williams) and Council Members Adams, Lander, Dromm, Rosenthal, Kallos, Menchaca, Reynoso, Ayala, Van Bramer and Rivera (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting discrimination based on one's arrest record, pending criminal accusations or criminal convictions
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 7. The commission on human rights shall engage in outreach and education efforts regarding the rights of current and prospective employees, and the responsibilities of employers, established by this local law. Such outreach and education shall be directed at public and private employers, and the general public.
§ 8. This local law shall take effect 200 days after its enactment, provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules.
L.L. 2021/005
Enactment date: 1/10/2021
Int. No. 1911-A
By Council Members Torres, Ampry-Samuel, Ayala, Gibson, Rosenthal, Barron, Menchaca and Rivera
A Local Law in relation to the provision of information to tenants of the New York city housing authority regarding the mold ombudsperson
Be it enacted by the Council as follows:
Section 1. Definitions. For purposes of this local law, the following terms have the following meanings:
Call center. The term "call center" means the ombudsperson's call center established pursuant to the court order.
City. The term "city" means the city of New York.
Court order. The term "court order" means the court order issued on September 20, 2019 in the case Baez et al. v. New York City Housing Authority by the United States district court in the southern district of New York.
Elected officials and community representatives. The term "elected officials and community representatives" means each council member, borough president and community board in the city, each state senator and state assembly member representing a district that is wholly or partly within the city, each United States congress member representing a district that is wholly or partly within the city, and each tenant organization and community-based organization identified by the office as providing services to tenants.
Mold ombudsperson. The term "mold ombudsperson" means the ombudsperson appointed pursuant to the court order or any subsequently appointed person with similar duties.
§ 2. Provision of information about the mold ombudsperson. The mayor shall designate an office or agency to distribute to each unit in a development of the New York city housing authority a non-electronic pamphlet, flyer or other printed material containing information about the mold ombudsperson and the right of a tenant of the New York city housing authority to contact the mold ombudsperson. Such pamphlet, flyer or other printed material shall include information in English and each of the designated citywide languages, as defined in section 23-1101 of the administrative code of the city of New York, about how to contact the mold ombudsperson, including through the call center, with a complaint about mold and what information to include in such complaint. Such pamphlet, flyer or other printed material shall be provided to each unit in a development of the New York city housing authority and to each elected official and community representative no later than 60 days after the effective date of this local law. Thereafter, such pamphlet, flyer or other printed material shall be provided to each unit in a development of the New York city housing authority and to each elected official and community representative at least annually. The designated office shall additionally communicate such information about the mold ombudsperson via telephonic communication at least once annually to each unit in a development of the New York city housing authority. For tenants who receive rent statements electronically, the designated office may distribute such pamphlet or flyer via electronic mail.
§ 3. Public briefing. No later than 60 days after the effective date of this local law, and at least annually thereafter, the office or agency designated pursuant to section two shall hold a public briefing for elected officials and community representatives for the purpose of providing information about the functions and responsibilities of the mold ombudsperson.
§ 4. This local law takes effect immediately and expires and is deemed repealed on the date that the mold ombudsperson or any subsequently appointed person with similar duties ceases to be appointed.
L.L. 2021/008
Enactment date: 1/10/2021
Int. No. 2068-A
By Council Members Van Bramer, Cumbo, Reynoso, Kallos, Rose, Menchaca, Powers, Cabrera, Vallone, Holden, Salamanca, Gjonaj, Chin, Cornegy, Rosenthal, Adams, Lander, Levine, Rivera, Ayala and Barron
A Local Law in relation to the temporary use of outdoor space for artistic and cultural events
Be it enacted by the Council as follows:
Section 1. Definitions. For the purposes of this local law, the following terms have the following meanings:
Artistic or cultural event. The term "artistic or cultural event" means an event or programming offered or run by an eligible art and cultural institution or a cultural venue, including but not limited to cultural performances, rehearsals and classes.
COVID-19. The term "COVID-19" means the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Cultural venue. The term "cultural venue" means an entertainment facility in the city of New York intended or designed to be used for a performance in front of a live audience.
Eligible art and cultural institution. The term "eligible art and cultural institution" means (i) an art or cultural group, organization or institution within the city of New York that is a member of the cultural institutions group, as determined by the department of cultural affairs, or that is eligible to apply for a grant through the cultural development fund administered by such department, or (ii) a person providing documentation of funding from a borough arts council within the prior two years.
Office. The term "office" means the mayor's office of citywide event coordination and management established pursuant to executive order number 105, dated September 17, 2007, or another office or agency designated by the mayor to perform the functions of such office set forth in this local law.
Open space. The term "open space" means any portion of a roadway, designated by the department of transportation, in consultation with the office, that may be used by an eligible art and cultural institution or cultural venue for an outdoor artistic or cultural event.
Program. The term "program" means the open culture program established pursuant to section two of this local law.
§ 2. Open culture program. By March 1, 2021, the office, in consultation with the department of transportation, the department of buildings, the police department, the fire department, and any other agency designated by the mayor, shall establish an open culture program pursuant to which an eligible art and cultural institution or cultural venue may utilize an open space for an artistic or cultural event. The office shall, in consultation with relevant agencies, establish eligibility and use guidelines and policies for such program, and promulgate any necessary rules; provided, however, that such program shall include the following elements:
a. There shall be no fee for participation by an eligible art and cultural institution or cultural venue in such program, except as provided for in section four of this local law.
b. An eligible art and cultural institution or cultural venue utilizing an open space for an event or performance may produce such event for no charge to an audience, request audience donations before, during or after such event, or charge for tickets; provided, however, that such institution or venue may not physically exclude a member of the public from viewing such event from a publicly accessible location outside the open space assigned for such event.
c. An event or performance must comply with any applicable requirements on outdoor cultural events and gatherings set by applicable federal or state law or regulations or other directive from the governor or any agency of the state of New York.
d. The program shall provide that permission for an eligible art and cultural institution or cultural venue to use an open space will only require an application to one city agency, and that to the extent practicable such application place a minimal burden on such institution or venue. A determination that such application is approved or denied shall be made within five business days of application submission by an eligible art and cultural institution or cultural venue.
§ 3. Designation of open spaces. The department of transportation, in consultation with the office, shall designate locations to be open spaces, considering suggestions from council members and factors including but not limited to the effects on traffic, public safety, quality of life, and suitability for use of such locations for performances. The department of transportation shall transmit a list of such open spaces to the office by February 1, 2021.
§ 4. Allowable fees.
a. In accordance with subdivision a of section two of this local law, only an application fee of $20 may be charged for application and participation in the program, provided, however, that applicants seeking a permit to use or operate a sound device or apparatus must pay the applicable fee in accordance with subdivision h of section 10-108 of the administrative code of the city of New York.
b. Nothing in this section shall waive any penalty or fine that may be issued for such event for violation of any applicable rule, law or order.
§ 5. Compliance with other laws.
a. Nothing in this local law shall relieve an eligible art and cultural institution or cultural venue from their obligation to adhere to all emergency executive orders issued pursuant to section 24 or 29-a of the executive law, and to all local, state, and federal requirements relating to health and safety. An eligible art and cultural institution or cultural venue participating in the program shall adhere to all applicable guidance and regulations issued by the department of transportation, the department of cultural affairs, the department of buildings, the department of health and mental hygiene, the New York state department of health, and any other agency. Such institution or venue shall also adhere to all local, state and federal requirements relating to accessibility for people with disabilities.
b. The following laws and rules are suspended only to the extent necessary to implement this program, provided that the office or any relevant agency may further limit the waiver of such laws and rules in program guidance to effectuate the establishment of the program:
1. Paragraph a of subdivision 2 of section 16-118 of the administrative code of the city of New York, to the extent such paragraph would prohibit the obstruction of a sidewalk, flagging or curbstone as part of the program.
2. Subdivision b of section 16-122 of the administrative code of the city of New York, to the extent such subdivision would prohibit movable property to be left, or any obstruction to be erected, in a public place as part of the program.
3. Section 21-111 of the administrative code of the city of New York, to the extent such section would require an eligible art and cultural institution or cultural venue to obtain a public solicitation license in order to solicit donations as part of this program.
4. Paragraph r of subdivision 1 of section 1301 of the New York city charter, section 22-205 of the administrative code of the city of New York, "Movie-making, telecasting and photography in public places," and chapter 9 of title 43 of the rules of the city of New York, to the extent any such provision may require a permit for any filming or rigging in connection with an event covered by the program.
7. Chapter 1 of title 50 of the rules of the city of New York, to the extent necessary to: (i) suspend all deadlines and fee schedules for a roadway event occurring as part of the program, (ii) allow the office to modify or eliminate any timeframe or deadline for an agency or applicant to review or comment on an application submitted as part of this program in order that the office may make a timely determination as required by subdivision d of section two of this local law; and (iii) allow the office to establish application and use guidelines for the program.
§ 6. Suspension. The department of transportation, upon consultation with the office and the department of health and mental hygiene, may suspend the program upon a determination that use of open space as part of the program may materially impact public health and safety efforts to contain the spread of COVID-19. The office shall promptly provide written notice to the speaker of the council of any such suspension.
§ 7. Expiration. The program shall remain in effect until October 31, 2021, or until such later date as the office shall determine; provided, however, that such program shall not remain in effect after March 31, 2022. The office shall provide written notice to the speaker of the council at least five days prior to the termination of such program.
§ 8. This local law takes effect immediately and shall expire and be deemed repealed on March 31, 2022.
L.L. 2021/010
Enactment date: 1/17/2021
Int. No. 2058-A
By the Public Advocate (Mr. Williams) and Council Members Treyger, Kallos, Brannan, Gibson, Chin, Adams, Dromm, Rosenthal, Barron, Cornegy, Ayala, Ampry-Samuel, Lander, Louis, Rivera and Borelli
A Local Law in relation to requiring the department of education to report on remote learning attendance
Be it enacted by the Council as follows:
Section 1. Report on remote learning attendance.
a. Definitions. For the purposes of this local law, the following terms have the following meanings:
Blended learning. The term "blended learning" means a combination of in-person instruction and remote learning instruction, implemented during and as a result of the COVID-19 pandemic.
COVID-19. The term "COVID-19" means the 2019 novel coronavirus or 2019-nCoV.
Remote learning. The term "remote learning" means a system, implemented in lieu of in-person instruction during and as a result of the COVID-19 pandemic, that allows teachers to deliver their lessons online, and students to complete assignments, projects, and assessments remotely just as they would in the physical classroom. Remote learning can occur synchronously with real-time teacher-to-student interaction and collaboration, or asynchronously, with self-paced learning activities that take place independently of the teacher.
School. The term "school" means a school of the city school district of the city of New York.
Individualized education program or IEP. The term "individualized education program" or "IEP" has the same meaning as such term is defined in 20 U.S.C. section 1401 and any regulations promulgated thereto.
b. No later than March 1, 2021, and on the first day of each month thereafter, the department shall submit to the mayor, the speaker of the council, the public advocate, the school diversity advisory group, all community education councils and post on its website a report on student attendance for periods of time during which remote learning was used by the department. The report shall capture student attendance data for the month occurring 2 months prior to the month of the report. The report shall include the attendance rate of students who participated in (i) full-time remote learning instruction and (ii) blended learning. Such data shall be disaggregated by:
1. School;
2. School district;
3. Grade level;
4. Gender;
5. Race or ethnicity;
6. Individualized education program status;
7. English language learner status;
8. Status as a student in temporary housing other than students who are residing in shelters; and
9. Status as a student residing in shelter.
The information described in each paragraph of subdivision b shall be reported individually and disaggregated by the other paragraphs in subdivision b, except that the information described in paragraph 1 shall not be disaggregated by the categories described in paragraph 2 through paragraph 9, the information described in paragraph 8 shall not be disaggregated by the category described in paragraph 9, and the information described in paragraph 9 shall not be disaggregated by the category described in paragraph 8.
c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information. If a category contains between 1 and 5 students, or allows another category to be narrowed to between 1 and 5 students, the number shall be replaced with a symbol. A category that contains 0 students shall be reported as 0, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.
§ 2. This local law takes effect immediately and is deemed repealed 2 years after it becomes law.
L.L. 2021/011
Enactment date: 1/17/2021
Int. No. 2104-A
By Council Members Treyger, Kallos, Louis, Adams, Chin, Gibson, Dromm, Rosenthal, Barron, Cornegy, Ayala, Ampry-Samuel, Lander, Rivera and Borelli
A Local Law in relation to requiring the department of education to report on metrics regarding remote learning during the COVID-19 pandemic
Be it enacted by the Council as follows:
Section 1. COVID-19 remote learning metric reporting.
a. Definitions. For purposes of this local law, the following terms have the following meanings:
Blended learning. The term "blended learning" means a combination of in-person instruction and remote learning instruction, implemented during and as a result of the COVID-19 pandemic.
Chancellor. The term "chancellor" means the chancellor of the city school district of the city of New York.
COVID-19. The term "COVID-19" means the 2019 novel coronavirus or 2019-nCoV.
Department. The term "department" means the New York city department of education.
Individualized education program or IEP. The term "individualized education program" or "IEP" has the same meaning as such term is defined in 20 U.S.C. section 1401 and any regulations promulgated thereto.
Related services. The term "related services" has the same meaning as such term is defined in section 200.1 of title 8 of the New York codes, rules and regulations.
Remote learning. The term "remote learning" means a system, implemented in lieu of in-person instruction during and as a result of the COVID-19 pandemic, that allows teachers to deliver their lessons online, and students to complete assignments, projects, and assessments remotely just as they would in the physical classroom. Remote Learning can occur synchronously with real-time teacher-to-student interaction and collaboration, or asynchronously, with self-paced learning activities that take place independently of the teacher.
School. The term "school" means any elementary, middle or high school within the jurisdiction of the New York city department of education and in any educational facility owned or leased by the city of New York, holding some combination thereof, including, but not limited to, district 75 schools.
Student. The term "student" means any pupil under the age of 21 as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, but does not include children enrolled in an early childhood program.
b. When the department is providing any remote instruction in lieu of in-person instruction during and as a result of the COVID-19 pandemic, the department shall submit to the mayor, the speaker of the council and the public advocate, and post on its website, a report according to the following schedule: (i) for the period between September 1 of the prior calendar year until and including December 31 of the prior calendar year, a report due on March 1 of the current calendar year; (ii) for the period between January 1 of the current calendar year until and including June 30 of the current calendar year, a report due on September 1 of the current calendar year; and (iii) for the period between July 1 of the current calendar year until and including August 31 of the current calendar year, a report due on November 1 of the current calendar year. Such report shall include the following information:
1. The language development instruction provided to English language learner students;
2. A breakdown by community school district of the number of and percentage of students who participated in (i) full-time remote learning instruction and (ii) blended learning disaggregated by (i) grade level, (ii) gender, (iii) race or ethnicity, and (iv) English language learner status, to the extent such information is available. To the extent practicable, the department shall describe the different methods of asynchronous instruction available to students;
3. Steps the department took to ensure that all students attending Passages Academy, East River Academy, and ReStart Academy received remote instruction;
4. A list of related services that were not provided to any student;
5. The number of students recommended for summer school. Such information shall be reported citywide, by borough and by community school district and disaggregated by:
(a) Grade level;
(b) Gender;
(c) Race or ethnicity;
(d) English language learner status;
(e) Status as a student residing in shelter;
(f) Status as a student in temporary housing other than students who are residing in shelters; and
(g) Status as a student in foster care.
In reporting the number of students recommended for summer school citywide and by borough and by community school district, the information required by each subparagraph in paragraph 5 shall also be reported individually and shall be disaggregated by the categories described in other subparagraphs in paragraph 5, except that the information required by subparagraph e shall not be disaggregated by categories described in subparagraphs f and g, the information described in subparagraph f shall not be disaggregated by the categories described in subparagraphs e and g, and the information described in subparagraph g shall not be disaggregated by the categories described in subparagraphs f and g. Such information shall also be reported by borough and community school district and cross-referenced by (i) class level, (ii) gender, (iii) race or ethnicity, and (iv) English language learner status; and
6. The number of students who requested a remote learning device from the department's central office, the number of students who received a remote learning device from the department's central office, and the average and median number of days between the date such request was received by the department's central office and the date the device was delivered. Such information shall be reported citywide and disaggregated by borough and district.
c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information. If a category contains between 1 and 5 students, or allows another category to be narrowed to between 1 and 5 students, the number shall be replaced with a symbol. A category that contains 0 students shall be reported as 0, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.
§ 2. This local law takes effect immediately and is deemed repealed 2 years after it becomes law.
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