1. The commissioner of housing preservation and development shall have the power and it shall be his or her duty:
(a) To provide and maintain tenant relocation services
(i) for tenants of real property which the commissioner of housing preservation and development is authorized to maintain and supervise;
(ii) for tenants of real property acquired for public purposes, excluding real property acquired by or on behalf of the New York city housing authority or the triborough bridge and tunnel authority;
(iii) for tenants of real property located in any neighborhood improvement district designated by the city planning commission, where the displacement of such tenants results from the enforcement of any law, regulation, order or requirement pertaining to the maintenance and operation of such property or the health, safety and welfare of its occupants;
(iv) when authorized by the mayor, for the tenants of any privately owned building or other improvement which is to be voluntarily rehabilitated in accordance with an urban renewal plan pursuant to law; and
(v) for tenants of any privately owned building where such tenants vacate such building during a period when any law, regulation, order or requirement pertaining to the maintenance or operation of such building or the health, safety and welfare of its occupants requires such occupants to vacate such building.
Such services may be provided as such commissioner may deem necessary, useful or appropriate for the relocation of such tenants, including but not limited to the gathering and furnishing of information as to suitable vacant accommodations, the making of studies and surveys for the purpose of locating such accommodations and the provision of facilities for the registration of such accommodations with the department of housing preservation and development by owners, lessors and managing agents of real property and others. For any tenant applying for relocation services pursuant to subparagraph (v) of this paragraph, such services may also include the provision of temporary housing. Such commissioner shall not impose any deadline or limitation of time in which a tenant may apply for relocation services pursuant to subparagraph (v) of this paragraph. For purposes of this chapter, "temporary housing" includes, but is not limited to, hotels, motels, or other temporary shelter provided to a tenant by or on behalf of the department or provided pursuant to an agreement with the department.
(b) Subject to the approval of the mayor, to fix and promulgate and from time to time amend a schedule of payments to be made to or for the benefit of and to aid in the relocation of tenants. Such schedule with respect to payments resulting from or relative to state or state-aided programs or activities within the city of New York shall also be subject to the approval of the director of the state division of the budget and of the head of the state department or agency having jurisdiction over such program, activity or aid. Such schedule shall provide for equal treatment of tenants under similar circumstances, shall be applicable as herein provided and may include but need not be limited to payments to be made to such tenants to induce their voluntary removal, moving expenses and expenses of redecorating accommodations to which such tenants are relocated and payments to persons for the services of finding accommodations to which such tenants are to be relocated. Such schedule may include maximum or minimum payments, or both. The acceptance of a payment provided for under such schedule by a landlord, owner or authorized agent shall not be deemed a violation of any rent regulation or statutory prohibition to the contrary.
(c) Subject to the approval of the mayor, to adopt and promulgate and from time to time amend supplementary rules and regulations not inconsistent with the provisions of this section in regard to relocation practices and procedures, applicable as herein provided.
(d) To schedule and coordinate the tenant relocation operations of agencies, persons, firms and corporations to which the rules and regulations promulgated pursuant to this section are applicable.
(e) To review conditions of city-owned dwellings used for residential purposes and, upon submission of a report by two qualified employees of the agency following a personal inspection, setting forth a finding that any such dwelling is in condition which endangers the life, health or safety of the occupants, and if he or she accepts such report, the commissioner may certify that the conditions in the dwelling are such that they require that the dwelling be vacated in which event he or she shall:
(i) order such dwelling to be vacated by its occupants upon no less than thirty days written notice to such occupants; and
(ii) provide relocation services and allowances for occupants who relocate pursuant to any such order and the regulations promulgated by the department.
1-a. When any tenant of a privately owned building ceases to occupy such building following the issuance of any order to vacate a building or portion thereof by any agency of the city of New York, it shall be presumed that such tenant ceased to occupy such building due to the issuance of such order.
2. The commissioner shall have power, when authorized by the mayor, to let contracts for the furnishing of maintenance services, payments and benefits deemed necessary, useful or appropriate for the purpose of assisting in the relocation of tenants of real property mentioned in subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of subdivision one of this section, provided that payments to be made to or for the benefit of such tenants shall be those fixed and promulgated pursuant to paragraph (b) of subdivision one of this section.
3. Notwithstanding any other provisions of law, the schedule promulgated pursuant to paragraph (b) of subdivision one of this section and the rules and regulations promulgated pursuant to paragraph (c) of subdivision one of this section shall, to the extent to which they are not inconsistent with any federal act or regulation issued pursuant thereto, be applicable to every agency and public corporation engaged in the relocation of tenants including, but not limited to, the department of housing preservation and development, the New York city housing authority and the triborough bridge and tunnel authority, and shall also be applicable, as therein provided and to the extent to which they are not inconsistent with any federal act or regulation issued pursuant thereto, to every person,firm or corporation whose relocation activities are subject to the supervision of the department pursuant to section 26-302 of this chapter provided, however, that where the commissioner furnishes relocation services to any tenants pursuant to the provisions of subparagraph (iv) of paragraph (a) of subdivision one of this section, such schedule shall be applicable to the person, firm or corporation which has contracted with the city for the rehabilitation of the building or other improvement occupied by such tenants, and such person, firm or corporation shall make payments to or for the benefit of such tenants in accordance with such schedule, subject to adjustment as to payments with respect to which federal reimbursement is provided.
4. The commissioner shall have the power to investigate, examine and inspect relocation operations which are subject to the provisions of this section.
5. The commissioner shall annually submit to the mayor, the board of estimate, and the council a detailed report on tenant relocation activities which are subject to the provisions of this section and recommendations in regard thereto and shall coordinate the efforts of and consider the reports, recommendations and suggestions of public and private agencies and civic groups in regard thereto.
6. a. There shall be an interagency relocation coordinating committee, which shall consist of a deputy mayor designated by the mayor, and representatives of the department of buildings, the department of city planning, department of health and mental hygiene, the department of housing preservation and development, the New York city housing authority, the commission on human rights, the board of education, the triborough bridge and tunnel authority and the department of social services. Each such board, authority, commission or agency and the head of each such department shall appoint as a representative one officer or employee who is a member of the staff of such board, authority, commission, department or agency and is qualified to participate in the functions of the committee as herein prescribed. Such representatives shall represent their respective agencies as members of the committee. The deputy mayor designated by the mayor as a member of such committee shall be its chairperson. It shall advise the commissioner of housing preservation and development for the purpose of assisting the commissioner in developing a relocation program for the city which will best serve the public interest. The members of the committee shall serve as such without additional compensation.
b. Notwithstanding any other provisions of law, no officer or employee of the city or other public officer or employee shall be ineligible for appointment or service as a member of the committee and any such officer or employee may accept any such appointment and serve as such member without forfeiture of any other city or public office or any other city position or other position of public employment by reason thereof.
7. (a) The commissioner of housing preservation and development may require that a tenant of a privately owned building provide verification of occupancy in order to receive relocation services pursuant to subparagraph (v) of paragraph (a) of subdivision 1 of this section. If the commissioner establishes such a requirement, the commissioner shall establish a system under which such tenant is provided at least two methods to verify such occupancy, including the following two methods:
(i) submission to the commissioner of a lease, sublease or license agreement verifying that the tenant resides at such building;
(ii) submission to the commissioner of any two of the following documents:
(A) a valid government-issued identification listing such building as such tenant's address;
(B) a valid record from any government agency listing such building as such tenant's address;
(C) a valid record relating to medical treatment, including prescriptions, that show such building as such tenant's address;
(D) a notarized written statement from the owner of such building verifying that such tenant resides at such building, provided, however, that a statement by such owner stating that such tenant does not reside at such building shall not be used to prevent such tenant from receiving relocation assistance;
(E) a valid utility bill addressed to such tenant at such building;
(F) a notarized statement from a third party, non-governmental service provider, written on the provider's official letterhead, verifying that services were provided to such tenant and showing that such tenant resides at such building;
(G) any other form of verification that the commissioner of housing preservation and development may deem appropriate.
(b) The department of housing preservation and development shall attempt to obtain the records described in clause (B) of subparagraph (ii) of paragraph a of this subdivision from the department of social services/human resources administration where applicable to such tenant, provided that the tenant signs any necessary release as determined by the department of housing preservation and development.
(c) The commissioner of housing preservation and development shall provide any such tenant who is denied such services with (i) written notice of such decision, (ii) the basis for such decision and (iii) information on how to appeal such decision.
(Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017; Am. L.L. 2017/016, 2/15/2017, eff. 8/14/2017; Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021)
The commissioner of housing preservation and development shall supervise the tenant relocation activities of any party to the contract with the city which requires such party to develop any real property in accordance with the terms of such contract, in any case where the contract provides that the commissioner shall exercise such supervision.
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