Loading...
There is established in the executive office of the mayor an office of criminal justice, to be headed by a coordinator of criminal justice appointed by the mayor. The coordinator shall:
(1) advise and assist the mayor in planning for increased coordination and cooperation among agencies under the jurisdiction of the mayor that are involved in criminal justice programs and activities;
(2) review the budget requests of all agencies for programs related to criminal justice and recommend to the mayor budget priorities among such programs;
(3) evaluate the performance of the vendor of any contract with the office of criminal justice or the office for neighborhood safety and the prevention of gun violence that requires the vendor to provide: (i) alternatives to incarceration, including programs for diversion from incarceration; (ii) services related to re-entry to the community following incarceration; (iii) services related to pretrial supervised release; or (iv) violence prevention programming. Beginning no later than September 1, 2024, and no later than September 1 annually thereafter, the coordinator shall submit a written summary of each evaluation conducted pursuant to this subdivision during the previous fiscal year to the mayor and the speaker of the council. Any such summary shall include, but need not be limited to, the following information: (i) the amount of funding received by the vendor pursuant to the contract; (ii) the number of persons to whom services or programming were provided pursuant to the contract; (iii) a brief description of the services or programming provided pursuant to the contract; and (iv) where applicable, information related to re-arrest or compliance by persons to whom services or programming were provided pursuant to the contract, including the rate of re-arrest for such persons; and
(4) perform such other duties as the mayor may assign.
(Am. L.L. 2015/086, 10/7/2015, eff. 10/7/2015; Am. L.L. 2023/034, 3/14/2023, eff. 3/14/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2015/086.
The mayor and the chief administrative law judge of the office of administrative trials and hearings shall jointly promulgate, and may from time to time jointly amend, rules establishing a code or codes of professional conduct governing the activities of all administrative law judges and hearing officers in city tribunals, except to the extent that such promulgation would be inconsistent with law. Prior to promulgating or amending any such rules, the mayor and the chief administrative law judge shall consult with the conflicts of interest board, the commissioner of investigation and affected agency and administrative tribunal heads. An administrative law judge or hearing officer shall be subject to removal or other disciplinary action for violating such rules in the manner that such administrative law judge or hearing officer may be removed or otherwise disciplined under law. Further, such rules may set forth additional sanctions or penalties for violations of such rules to the extent consistent with law.
a. The mayor shall establish an office of civil justice. Such office may, but need not, be established in the executive office of the mayor and may be established as a separate office, within any other office of the mayor or within any department, the head of which is appointed by the mayor. Such office shall be headed by a coordinator who shall be appointed by the mayor or the head of such department. For the purposes of this section only, "coordinator" shall mean the coordinator of the office of civil justice.
b. Powers and duties. The coordinator shall have the power and the duty to:
1. advise and assist the mayor in planning and implementing for coordination and cooperation among agencies under the jurisdiction of the mayor that are involved in civil justice programs;
2. review the budget requests of all agencies for programs related to civil justice, and recommend to the mayor budget priorities among such programs and assist the mayor in prioritizing such requests;
3. prepare and submit to the mayor and the council an annual report of the civil legal service needs of low-income city residents and the availability of free and low-cost civil legal services to meet such needs, which shall include but not be limited to (i) an assessment of the civil legal service needs of such residents, as well as the type and frequency of civil legal matters, including but not limited to matters concerning housing, health insurance, medical expenses and debts relating thereto, personal finances, employment, immigration, public benefits and domestic and family matters, (ii) identification and assessment of the efficacy and capacity of free and low-cost civil legal services available for such residents, (iii) identification of the areas or populations within the city in which low-income residents with civil legal service needs reside and (iv) identification of areas or populations within the city that have disproportionately low access to free and low-cost civil legal services;
4. study the effectiveness of, and make recommendations with respect to, the expansion of (i) free and low-cost civil legal services programs, (ii) mediation and alternative dispute resolution programs and (iii) mechanisms for providing free and low-cost civil legal services during and after emergencies; provided that the coordinator shall, to the extent practicable, prioritize the study of, and making of recommendations with respect to, the expansion of free and low-cost civil legal services programs intended to address housing-related civil legal service needs of low-income city residents;
5. serve as liaison for the city with providers of free and low-cost civil legal services and coordinate among such providers to (i) maximize the number of low-income city residents who obtain free and low-cost civil legal services sufficient to meet the needs of such residents and (ii) ensure that such residents have access to such services during and after emergencies;
6. provide outreach and education on the availability of free and low-cost civil legal service programs; and
7. perform other duties as the mayor may assign.
c. Five-year plan. Within one year after the completion of the first annual report required by paragraph three of subdivision b of this section, and in every fifth calendar year thereafter, the coordinator shall prepare and submit to the mayor and the council a five-year plan for providing free and low-cost civil legal services to those low-income city residents who need such services. Such plan shall also identify obstacles to making such services available to all those who need them and describe what additional resources would be necessary to do so.
(L.L. 2015/061, 6/16/2015, eff. 6/16/2015)
a. The mayor shall establish a municipal division of transitional services. Such division may, but need not, be established in the executive office of the mayor or as a separate division or within any other office of the mayor, or within any department the head of which is appointed by the mayor. Such division shall be headed by a coordinator who shall be appointed by the mayor or the head of such department. For the purposes of this section, "coordinator" shall mean the coordinator of the municipal division of transitional services.
b. Powers and duties. The division shall have the power and the duty to:
1. ensure, by such means as necessary, including coordination with relevant city agencies, the availability of effective reentry services to individuals residing in New York city who have been released from the custody of the New York city department of correction after having served a period of criminal incarceration or criminal detention and other individuals in need of reentry services that have served a period of criminal incarceration or criminal detention;
2. create a coordinated system for the administration of reentry services. Such system shall ensure access to reentry services in areas where a substantial number of such individuals reside. To the extent that the coordinator deems appropriate, such system may also include integration and coordination with similar services provided by other city agencies, and existing facilities operated by city agencies may be utilized for the purpose of such integration and coordination;
3. administer contracts for the provision of reentry services as appropriate, and to the extent required by paragraph 1 of this subdivision, review the budget requests of all agencies for programs related to reentry services, and recommend to the mayor budget priorities among such services and assist the mayor in prioritizing such requests;
4. provide outreach and education on the availability of reentry services; and
5. perform other duties as the mayor may assign.
c. Annual progress report. By October 31, 2017, and by October 31 of every year thereafter, the coordinator shall prepare and submit to the mayor and council a report of the activities of the division and its progress in ensuring the delivery of effective reentry services. Such report shall include the (i) populations served; (ii) types of programs created or provided and who created or provided such programs; (iii) geographic areas served; and (iv) outreach efforts.
d. Biennial report. By October 31, 2017, and by October 31 of every second year thereafter, the coordinator shall prepare and submit to the mayor and the council a report of reentry services for those city residents who need such services. Such report shall include (i) an assessment of the reentry service needs of city residents, as well as the type and frequency of resources needed, including but not limited to matters concerning housing, health insurance, medical expenses and debts relating thereto, behavioral health treatment, personal finances, employment, job training, education, immigration, and public benefits, (ii) identification and assessment of the efficacy and capacity of existing reentry services available for city residents, and (iii) identification of the areas or populations within the city in which city residents with reentry service needs are concentrated and the corresponding availability of reentry services.
e. Four-year plan. Within one year after the completion of the first biennial report required by subdivision d of this section, and in every fourth calendar year thereafter, the coordinator shall prepare and submit to the mayor and the council a four-year plan for providing reentry services to those city residents who need such services. Such plan may include recommendations for approaches to serving city residents in need of reentry services, including the establishment of an initial point of access for individuals immediately upon their release from the custody of the department of correction in a location adjacent to Rikers Island or to the correctional facility that releases the most incarcerated individuals daily. Such report and plan shall also identify obstacles to making such services available to all those who need them and describe what additional resources would be necessary to do so.
(L.L. 2016/103, 8/31/2016, eff. 10/30/2016; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. Definitions. As used in this chapter, the following terms have the following meanings:
Coordinator. The term "coordinator" means the crime victim services coordinator.
Crime victim. The term "crime victim" means a person who is a victim of a sex offenses as defined in article 130 of the penal law, robbery as defined in article 160 of the penal law, assault as defined in article 120 of the penal law, burglary as defined in article 140 of the penal law, larceny as defined in article 155 of the penal law, domestic violence offenses as defined in section 530.11(1)(a) of the criminal procedure law, or any other offense determined by the coordinator.
Service provider. The term "service provider" means any non-government organization, funded in whole or in part by the city, or any agency under the jurisdiction of the mayor, that provides social services to crime victims, including but not limited to case management, crisis intervention, legal services, restorative justice, emergency or transitional shelter, permanent housing, health care, mental health counseling, drug addiction screening and treatment, language interpretation, public benefits, domestic and family matters safety planning, job training and economic empowerment, immigration advocacy or other services which may be offered to crime victims, provided, however, that social services shall not be construed to include the provision of services by first responders in response to public safety incidents.
b. The mayor shall establish an office of crime victim services. Such office may, but need not, be established in the executive office of the mayor, or may be established as a separate office within any other office of the mayor, or within any department, the head of which is appointed by the mayor. Such office shall be headed by a coordinator who shall be appointed by the mayor or the head of such department.
c. Powers and duties. The coordinator shall have the power and the duty to:
1. advise and assist the mayor in planning for increased coordination and cooperation among service providers to ensure the efficient delivery of services for crime victims;
2. work with the office to end domestic and gender-based violence to ensure that services for crime victims are coordinated.
3. advise and assist the director of the office to end domestic and gender-based violence in developing methods to improve the coordination of systems and services for victims of intimate partner violence;
4. publish and annually update a directory of service providers in the city, organized by service type, location of services, hours of operation, contact information, eligibility criteria for services, language access, any specific cultural competencies, and accessibility. Notwithstanding this paragraph, the coordinator shall not be required to publish the location of services that could compromise the safety of the victim;
5. compile information on the nature of services the service providers have contracted with the city to provide for crime victims;
6. prepare and submit to the mayor and the council an annual report of service providers which shall include: (a) the nature of assistance to crime victims provided by such service providers; and (b) an assessment of the need for increased coordination for such crime victims;
7. make recommendations with respect to the coordination of services;
8. provide outreach and education on the availability of services for crime victims; and
9. perform other duties as the mayor may assign.
(L.L. 2016/162, 12/6/2016, eff. 4/5/2017; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019)
There shall be an office of street vendor enforcement, which shall consist of enforcement agents who are specially trained in local laws and rules related to vending on the streets and sidewalks of the city of New York. The office of street vendor enforcement shall be fully operational on or before September 1, 2021 and shall commence enforcement activities on or before such date. Such enforcement activities shall, at a minimum, include a sufficient number of street patrols to inspect or examine the vending activities of at least 75 percent of applicable permittees or licensees on an annual basis. For the purposes of this section, the term "applicable permittees or licensees" means persons issued full-term or temporary permits pursuant to section 17-307 of the administrative code, or persons issued licenses to vend pursuant to sections 17-307 or 17-307.1 of the administrative code, or licenses issued pursuant to section 20-456 of the administrative code. The mayor may establish such office in the executive office of the mayor, within any other office in the executive office of the mayor, or within any department, the head of which is appointed by the mayor. Such office shall have the power and duty to:
a. enforce all local laws and rules related to vending on the streets and sidewalks and in parks of the city of New York, other than such local laws and rules related to food safety, including, but not limited to: section 16-118, subchapter 2 of chapter 3 of title 17, section 18-146, subchapter 27 of chapter 2 of title 20 and chapter 1 of title 24 of the administrative code; article 89 of the health code; and any rules of the city of New York implementing such laws;
b. focus its enforcement efforts on areas including, but not limited to, areas adjacent to retailers that dedicate substantial floor area to the sale of fresh fruits and vegetables, and any other areas identified by the department of transportation as excessively congested and featuring a high level of complaints about vendor activity, if any;
c. collaborate with the department of small business services to provide training, outreach and education to all street vendors on entrepreneurship and compliance with all applicable local laws and regulations, as well as solicit feedback from the street vendor community;
d. receive all complaints related to street vending on the streets and sidewalks of the city of New York from the 311 service center or from any other means; and
e. engage in such other activities related to enforcement of laws related to vending on the streets and sidewalks and in parks of the city of New York, or related to improving compliance with such laws, as may be designated by the mayor. For the purposes of this section, "excessively congested" areas include, but are not limited to, areas where pedestrian volume regularly approaches or exceeds the capacity of the sidewalk.
(L.L. 2021/018, 2/28/2021, eff. 2/28/2021; Am. L.L. 2024/117, 12/3/2024, eff. 12/3/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2021/018.
a. The mayor shall establish an office for neighborhood safety and the prevention of gun violence. Such office may, but need not, be established in the executive office of the mayor and may be established as a separate office within any other office of the mayor. Such office shall be headed by a director who shall be appointed by the mayor. For the purposes of this section, the term "director" means the director of the office for neighborhood safety and the prevention of gun violence.
b. The purpose of the office for neighborhood safety and the prevention of gun violence shall be to address gun violence and public safety holistically, using an approach that considers socioeconomic and public health factors and seeks to address the root causes of violence by:
1. Developing and implementing trauma-informed responses to incidents of gun violence in geographic areas designated by the mayor;
2. Creating and distributing educational materials on conflict resolution and the prevention of gun violence;
3. Analyzing socioeconomic and public health challenges that include, but are not limited to, gun violence, mental health and economic opportunity;
4. Developing and implementing programs, initiatives and strategies that respond to the socioeconomic and public health challenges that impact public safety and the quality of life; and
5. Developing and implementing programs, initiatives and strategies that increase community empowerment and engagement.
c. The director of the office for neighborhood safety and the prevention of gun violence shall have the power and the duty to:
1. Advise and assist the mayor in planning, developing and coordinating efforts among agencies under the jurisdiction of the mayor to prevent gun violence and enhance neighborhood safety in geographic areas designated by the mayor, elected officials and other interested groups and individuals. These efforts shall be holistic and employ an approach, based on socioeconomic and public health considerations, that addresses the root causes of violence. Such efforts may include, but are not limited to, the development and implementation of programs, initiatives and strategies that:
(a) have the goal of reducing and preventing violence, including but not limited to gun violence;
(b) are designed to co-create public safety with and empower communities;
(c) are designed to enhance trust within communities; and
(d) are focused on supporting and strengthening the capacity of local community-based organizations and service providers. Such support and strengthening shall include the provision of services and programs designed to assist such organizations and service providers in developing the competencies and skills that improve their ability to fulfill their missions;
2. Create and implement a crisis management system for the city's response to incidents of gun violence in geographic areas designated by the mayor, applying the approach described in subdivision b of this section. Such system's responses to incidents of gun violence shall include, but are not limited to:
(a) The strategic deployment of violence interrupters to the geographic area affected by incidents of gun violence;
(b) Coordination of trauma-informed services to the geographic area affected by incidents of gun violence;
(c) Coordination of trauma-informed services to the family and close contacts of the victims of incidents of gun violence; and
(d) Such other support as the director, at the request of the mayor, may deem necessary for an appropriate response to incidents of gun violence;
3. Work with elected officials, other interested groups and individuals, and members of communities in geographic areas designated by the mayor, to identify and develop programs, initiatives and strategies to enhance neighborhood safety by increasing community empowerment and engagement;
4. At the request of the mayor, review the budget requests of all agencies for programs related to neighborhood safety, recommend budget priorities among such programs and assist the mayor in prioritizing and implementing such requests;
5. No later than April 1, 2023 and no later than each April 1 of every year thereafter, the office shall provide to the speaker of the council and post on the office's website a report discussing gun violence prevention and neighborhood safety goals and concerns throughout the city, as well as the activities of the office during the previous calendar year, including, but not limited to, the following:
(a) identification of neighborhoods or populations within the city that are particularly vulnerable to gun violence and other crimes which the office deems relevant to its mission;
(b) information and metrics related to each programmatic initiative of the office, including initiatives conducted in partnership with other offices, agencies, and community-based organizations;
(c) information and metrics relating to the strategic outcomes and impacts of the work of the office, including outcomes and impacts that are indicative of neighborhood safety. Such factors may include, but are not limited to, quality of life and public health assessments, and rates and impacts of crime, including but not limited to, crimes involving guns;
(d) assessment of the availability and efficacy of various resources and services needed to support or enhance the work of the office and related outcomes, and recommendations for the improvement of such resources and services; and
6. Perform such other duties as the mayor may assign.
d. The director shall conduct a public information and outreach campaign designed to address the prevention of gun violence and the importance of conflict resolution. Such outreach shall at a minimum include (i) identifying community outreach partners, stakeholders and opportunities; and (ii) distributing materials and resources. The department shall consult with individuals and organizations with expertise in conflict resolution and the prevention of gun violence in the development of such public information and outreach campaign.
e. 1. The office, in consultation with the mayor’s office of criminal justice, shall offer training and operational support for service providers to promote the functioning of the city’s crisis management system. Such efforts shall include, but not be limited to: (a) providing training on skills relevant to the delivery of violence interrupter services within the crisis management system and not-for-profit administration and capacity building; (b) providing referrals to technical support tailored to service provider organizational needs, including but not limited to, businesses services, legal assistance, grant writing assistance, and human resource assistance; (c) facilitating collaboration and information sharing between service providers, city agencies, legal service providers and other relevant stakeholders; and (d) providing information related to voluntary trainings for service provider staff to obtain relevant certifications following completion of designated trainings.
2. No later than April 1, 2024, and no later than April 1 of every year thereafter, the office shall include in the report prepared pursuant to paragraph 5 of subdivision c of this section information detailing efforts undertaken pursuant to this subdivision, and a summary of the office’s ongoing efforts to support the operation of the city’s crisis management system.
3. For the purpose of this subdivision, “service providers” means not-for-profit organizations that contract with the city to deliver services as part of the city’s crisis management system.
(L.L. 2022/029, 1/15/2022, eff. 2/28/2022; Am. L.L. 2023/037, 3/14/2023, eff. 1/1/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2022/029.
(Am. L.L. 2015/024, 3/18/2015, eff. 4/17/2015; Am. L.L. 2015/025, 3/18/2015, eff. 3/18/2015; Repealed L.L. 2015/113, 12/10/2015, eff. 4/8/2016)
Editor's note: former Section 14, "Office of veterans' affairs," was repealed effective 4/8/2016. A new Department of Veterans' Services was established as of that date. See L.L. 2015/113, 12/10/2015, eff. 4/8/2016, and Chapter 75 herein.
a. There shall be, in the executive office of the mayor, an office of operations. The office shall be headed by a director, who shall be appointed by the mayor.
b. The director of the office of operations shall have the power and the duty to:
1. plan, coordinate and oversee the management of city governmental operations to promote the efficient and effective delivery of agency services;
2. review and report on the city's management organization including productivity and performance functions and systems;
3. maintain for the mayor a management, planning and reporting system and direct the operation of such system;
4. review the city's operations and make recommendations, where appropriate, for improving productivity, measuring performance and reducing operating expenses; and
5. perform the functions of an office of environmental coordination and provide assistance to all city agencies in fulfilling their environmental review responsibilities for proposed actions by the city subject to such review.
c. There shall be an office of the language services coordinator within the office of operations. Within appropriations therefor, the office of the language services coordinator shall appoint such experts and assistants as necessary to fulfill the duties assigned to the office by this charter, in consultation with the office of immigrant affairs. The office of the language services coordinator shall have the following powers and duties:
1. To work with each agency subject to the requirements of section 23-1102 of the code on the development and implementation of its agency-specific language access implementation plan to ensure meaningful access to information and direct public services.
2. To collect annual reports from each such agency regarding implementation of its language access implementation plan.
3. To perform outreach, in coordination with the office of immigrant affairs or other agencies, in neighborhoods containing a significant number of persons that do not speak any of the languages already covered by most agencies' language access implementation plans, but which might otherwise contain a likely service population, to inquire what agency direct public services, as defined in section 23-1101 of the code, might be used by such persons if services in a language spoken by such persons were available, and collect information therefrom to be shared with the relevant agencies.
4. To make recommendations to city agencies on specific programs for which the providing of language access services in languages not already required pursuant to section 23-1102 of the code may be beneficial.
5. Beginning no later than December 15, 2023, and no later than every December 15 thereafter, submit to the city council and post on the city website a report providing information regarding each agency subject to the requirements of section 23-1102 of the administrative code, including:
(i) the name of the individual designated as the agency's language access coordinator, including all titles held by such individual;
(ii) the agency's language access implementation plan, to be updated every three years unless such implementation plan has been updated by such agency since it was last reported;
(iii) information regarding how members of the public may submit language access complaints, questions and requests to the agency;
(iv) data on complaints and requests received pursuant to section 23-301 of the administrative code and a description of how such complaints and requests were addressed;
(v) a copy of the list of designated citywide languages, created pursuant to section 23-1101 of the administrative code, as well as the data relied upon for its creation;
(vi) information regarding the outreach conducted pursuant to paragraph 3 of this subdivision;
(vii)* any languages identified pursuant to section 23-1105 of the code, as well as the circumstances and duration of the global event, occurrence, trend or pattern that required the identification of such languages.
(vii)* the contracts entered into by the agency that were registered pursuant to section 328 during the preceding fiscal year and for which the principal purpose of such contracts was translation, interpretation, or other related language services, and for each such contract, such report shall include the total dollar value of the contract and the period of performance, whether the corresponding contractor was procured pursuant to either paragraph 1 of subdivision i of section 311 or section 314, whether the corresponding contractor is a community-based organization, and, to the extent practicable, the languages for which translation, interpretation, or other related language services were provided; and
* Editor's note: There are two subsections numbered as (vii).
(viii) a list of each contract the principal purpose of which is translation, interpretation, or other related language services and through which the agency issued a payment during the previous fiscal year, and the cumulative value of such payments during the previous fiscal year for each such contract.
6. To provide technical assistance to such city agencies in meeting the requirements of section 23-1102 of the code.
7. To monitor and report on the performance of city agencies in delivering services in languages other than English, including but not limited to compliance with signage requirements, the availability of interpretation services, the familiarity of frontline workers with language access policy and reviews of translated documents for accuracy and availability.
8. To maintain in a central place which is accessible to the public a library of written materials published by city agencies in such languages.
9. To establish, in furtherance of the purposes of this subdivision and of chapter 11 of the code, additional standards and criteria for city agencies that provide language access services.
d. 1. The city of New York recognizes that services for people suffering from intellectual and developmental disabilities are provided by programs administered within a number of different city agencies, as well as by non-governmental entities. The city of New York further recognizes the need for coordination and cooperation among city agencies and between city agencies and non-governmental entities that provide such services.
2. There shall be intellectual and developmental disability coordination within the office of operations. In performing functions relating to such coordination, the office of operations shall be authorized to develop methods to: (i) improve the coordination within and among city agencies that provide services to people with intellectual or developmental disabilities, including but not limited to the department of health and mental hygiene, the administration for children's services, the human resources administration, department of youth and community development, the department of juvenile justice, and the department of employment, or the successors to such agencies, and the health and hospitals corporation and the board of education; and (ii) facilitate coordination between such agencies and non-governmental entities providing services to people with intellectual or developmental disabilities; review state and federal programs and legislative proposals that may affect people with intellectual or developmental disabilities and provide information and advice to the mayor regarding the impact of such programs or legislation; recommend legislative proposals or other initiatives that will benefit people with intellectual or developmental disabilities; and perform such other duties and functions as the mayor may request to assist people with intellectual or developmental disabilities and their family members.
e. There shall be a director of environmental remediation within the office of operations. The director, who shall be appointed by the mayor, shall head the office of environmental remediation and shall have the power and the duty to:
1. in consultation with other city agencies and officials, including the department of health and mental hygiene, as appropriate, plan, establish, coordinate, and oversee city policy regarding the identification, investigation, remediation, and redevelopment of brownfields that is protective of public health and the environment, and supportive of the city's economic development;
2. develop programs for sustainable growth in consultation with the office of long-term planning and sustainability. Such programs shall focus on projects that are consistent with brownfield opportunity area plans and on communities that (i) contain a disproportionate number of brownfield sites, (ii) show indicators of economic distress, including low resident incomes, high unemployment, high commercial vacancy rates and depressed property values, or (iii) contain brownfield sites that present strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
3. identify and catalogue brownfields and potential brownfields;
4. develop and administer a local brownfield cleanup program to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
5. develop and administer financial and other incentive programs to encourage public or private entities to identify, investigate, remediate, and redevelop brownfields in support of the city's economic development. The financial incentive program shall give priority to projects that are consistent with brownfield opportunity area plans;
6. promote community participation and community assistance, and provide technical support for community participation, in the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
7. educate and train community groups, developers, and property owners about the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
8. act as intermediary for city agencies and officials, as appropriate, for brownfield matters, including with respect to the state brownfield opportunity area program. The office shall facilitate interactions among city agencies, community based organizations, developers, and environmental experts and assist community based organizations in brownfield redevelopment.
9. support the efforts of community groups, developers, and property owners to obtain and utilize federal, state, and private incentives to identify, investigate, remediate, and redevelop brownfields;
10. coordinate, partner, and enter into agreements with federal and state agencies and officials and other entities in connection with the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development. Such agreements may include a pledge by a federal or state agency or official that no further action may be taken against a local brownfield site that has been issued a certificate of completion pursuant to chapter nine of title twenty-four of the administrative code;
11. apply for and administer funds for the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
12. advise city agencies and officials regarding the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
13. evaluate and report publicly on progress in the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
14. take such other actions as may be necessary to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development, including the review and acceptance of remedial plans for brownfield redevelopment projects such as city-sponsored affordable housing projects;
15. administer the E-Designation program, as defined in section 11-15 of the zoning resolution of the city of New York, acting as successor to the department of environmental protection for such purpose;
16. ensure compliance with hazardous waste restrictive declarations arising from the environmental review of land use actions, acting as successor to the department of environmental protection for such purpose;
17. establish fees for programs administered by the office; and
18. promulgate such rules as are necessary to implement the provisions of this subdivision.
f. 1. The office of operations shall develop a business owner's bill of rights. The bill of rights shall be in the form of a written document, drafted in plain language, that advises business owners of their rights as they relate to agency inspections. Such written document shall include translations of the bill of rights into at least the designated citywide languages, as defined in section 23-1101 of the administrative code, or include: (i) a statement in each designated citywide language, as defined in section 23-1101 of the administrative code, that the document advises business owners of their rights as they relate to agency inspections and that translations of the document are available online; (ii) a universal resource locator (url) for a web page, website, document or other resource where such translations are available online; and (iii) a direct means of accessing such translations using a properly equipped mobile device, such as a quick response code or a near field communication tag. The bill of rights shall include, but not be limited to, notice of every business owner's right to: i) consistent enforcement of agency rules; ii) compliment or complain about an inspector or inspectors online, anonymously, if desired, through a customer service survey, and information sufficient to allow a business owner to do so, including but not limited to the url of such survey; iii) contest a notice of violation before the relevant local tribunal, if any; iv) an inspector who behaves in a professional and courteous manner; v) an inspector who can answer reasonable questions relating to the inspection, or promptly makes an appropriate referral; vi) an inspector with a sound knowledge of the applicable laws, rules and regulations; vii) access information in languages other than English; and viii) request language interpretation services for agency inspections and any subsequent administrative hearings and trials, including pre-trial conferences and settlement negotiations.
2. The office of operations shall work with each agency that conducts inspections to facilitate the distribution of the bill of rights to all relevant business owners, including via electronic publication on the internet, and to notify such business owners if the bill of rights is subsequently updated or revised. The office of operations shall also work in cooperation with all relevant agencies to enable the distribution of a physical copy of the bill of rights to business owners, managers, or relevant employees at the beginning of every inspection, except that if the inspection is an undercover inspection, if exigent circumstances require an urgent safety inspection, if the inspector has a reasonable fear for their own safety, or if the inspection is not conducted by an individual whose primary duty is to conduct an inspection, then a copy of the bill of rights shall be provided as soon as practicable and may be provided electronically. If the business owner or manager is not present at the time of inspection, the relevant agency shall leave such physical copy at the establishment at the time of inspection and may also provide an electronic copy of the bill of rights. Nothing in this subdivision nor any failure to comply with its provisions shall be construed so as to create a cause of action or constitute a defense in any judicial, administrative, or other proceeding.
3. To the extent practicable, the office of operations shall develop and implement a plan for each business owner to indicate the language in which such owner would prefer that agency inspections of the business be conducted. To the extent practicable, the office of operations shall also develop and implement a plan to inform all relevant agencies of such respective language preference.
4. The bill of rights shall serve as an informational document only and nothing in this subdivision or in such document shall be construed so as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
g. 1. The office of operations shall develop a standardized customer service training curriculum to be used, to the extent practicable, by relevant agencies for training agency inspectors. Such training shall be reviewed annually and updated as needed, taking into account feedback received through the customer service survey created and maintained by the office on the city's website pursuant to subdivision h of this section. Such training shall include specific protocols for such inspectors to follow when interacting with non-English speakers to ensure that such inspectors provide language translation services during inspections. Such training shall also include culturally competent instruction on communicating effectively with immigrants and non-English speakers during inspections. For purposes of this subdivision, relevant agencies shall include the department of buildings, the department of consumer and worker protection, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, and the bureau of fire prevention of the fire department.
2. The office of operations shall review each relevant agency's inspector training program to ensure that such program includes customer service training and, to the extent practicable, includes the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. After completing such review, the office of operations shall certify an agency's inspector training program if it includes, to the extent practicable, the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. Any such certification shall be provided to the speaker of the council upon request.
3. No later than July 1, 2013, the office of operations shall submit to the mayor and the speaker of the council a copy of the standardized customer service training curriculum developed pursuant to paragraph one of this subdivision and shall report the number of agency inspector training programs reviewed by the office of operations and the number of such programs that were certified. No later than January 1, 2014 and annually thereafter, the office of operations shall submit to the mayor and the speaker of the council any substantive changes to the standardized customer service training curriculum and shall report the number of agency inspector training programs that were reviewed and the number of such programs that were certified by the office of operations during the prior year.
4. If, on September 1, 2017, September 1, 2019, or September 1, 2021 the office of operations has received fewer than 500 responses with respect to relevant agencies through the customer service survey created and maintained by the office on the city's website pursuant to subdivision h of this section in the previous twenty-four-month period, the office of operations shall perform outreach to businesses that were inspected by relevant agencies during such period to solicit feedback and to encourage the owners of such businesses to complete such customer service survey. Such outreach shall continue until the office of operations has received a total of at least 500 such responses, including both responses received during such twenty-four-month period and responses received after such twenty-four-month period during the period the office of operations is required to perform outreach, provided that the office of operations shall not be required to perform outreach for more than three months following such twenty-four-month period.
h. The office of operations shall create and maintain a customer service survey on the city's website that allows business owners to provide feedback on their experiences interacting with, at a minimum, inspectors from relevant agencies, as such term is defined in subdivision g of this section. Such business owners shall have the option of providing such feedback anonymously.
i. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding ancestry and languages spoken.
2. The questions shall include options allowing respondents to select from:
(a) at least the top 30 largest ancestry groups and languages spoken in the city of New York based on data from the United States census bureau; and
(b) "other," with an option to write in a response.
3. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about ancestry and languages spoken. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about ancestry and languages spoken no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision i of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their ancestry or languages spoken on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. 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 information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
j. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services with a standardized, anonymous and voluntary demographic information survey form that contains an option for multiracial ancestry or ethnic origin. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
2. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or an office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, the office of operations, or the office or agency designated by the mayor, shall ensure that when such forms are updated they shall request voluntary responses to questions about multiracial ancestry or ethnic origin. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about multiracial ancestry or ethnic origin no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision j of this section.
3. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their multiracial ancestry or ethnic origin on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
4. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
5. 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 information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
k. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services who are either at least 14 years old or identify as the heads of their own households with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status or other, with an option to write in a response and gender identity, including transgender, cisgender or intersex status or other, with an option to write in a response.
2. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
3. No later than 60 days after the effective date of the local law that added this subdivision, the office of operations shall submit to the mayor and the speaker of the city council a plan to provide a mandatory training program and develop a manual for agency staff on how to invite persons served by such agencies to complete the survey. Such training and manual shall include, but not be limited to, the following:
(a) an overview of the categories of sexual orientation and gender identity;
(b) providing constituents the option of completing the survey in a private space and filling out any paperwork without oral guidance from city agency staff;
(c) explaining to constituents that completing the survey is voluntary;
(d) explaining to constituents that any data collected from such survey will not be connected to the individual specifically; and
(e) discussions regarding addressing constituents by their self-identified gender.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status, or other; gender identity, including transgender, cisgender and intersex status or other; and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about sexual orientation, gender identity and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision k of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their sexual orientation or gender identity on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this local law and the office of operations shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. 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 information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
(Am. L.L. 2015/065, 6/29/2015, eff. 7/29/2015; Am. L.L. 2015/067, 6/29/2015, eff. 7/29/2015; Am. L.L. 2016/126, 10/31/2016, eff. 4/29/2017; Am. L.L. 2016/127, 10/31/2016, eff. 4/29/2017; Am. L.L. 2016/128, 10/31/2016, eff. 4/29/2017; Am. L.L. 2017/030, 3/18/2017, eff. 7/1/2017; Am. L.L. 2018/076, 1/19/2018, eff. 1/19/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022; Am. L.L. 2023/006, 1/21/2022, eff. 1/21/2022; Am. L.L. 2023/013, 1/21/2023, eff. 5/21/2023; Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2008/017, L.L. 2009/027, L.L. 2015/067, L.L. 2016/126, L.L. 2016/128, L.L. 2017/030, L.L. 2020/080 and L.L. 2023/013.
Loading...