2006 New York Code - Powers And Duties Of The Commissioner; Generally.

 
    §  14.  Powers  and  duties  of  the  commissioner; generally.   1. In
  addition to  the  powers  hereinafter  granted,  the  commissioner,  his
  counsel  or  any  other  officer  or  employee of the division specially
  designated by the commissioner shall have the following powers:
    (a) assist in the preparation of legislation and formulate regulations
  in relation to authorities and their functions;
    (b)  investigate  into   monopolies   of   building   materials,   and
  extortionate,  illegal  or  unfair activities or practices affecting the
  cost of construction or  production  of  buildings  and  cooperate  with
  federal and state investigating officers to end such abuses;
    (c)  make  reports  from  time to time to the governor with respect to
  matters within his jurisdiction;
    (d) investigate into the affairs of authorities and into the dealings,
  transactions or relationships of authorities with third persons;
    (e) administer oaths, take affidavits, hear testimony and  take  proof
  under oath at public or private hearings;
    (f)  make  or  order  inspections  of  all  places to which his duties
  relate;
    (g)  subpoena  and  require  the  attendance  of  witnesses  and   the
  production  of  books  and  papers  pertaining to the investigations and
  inquiries authorized by this chapter and examine them in relation to any
  matter he has power to investigate;
    (h) issue commissions for the examination of witnesses who are out  of
  the state or unable to attend before him or are excused from attendance;
    (i)  subject  to  the  powers of the state comptroller or of municipal
  comptroller, as the case may be, prescribe methods and forms for keeping
  accounts, records and books to be used by an authority;
    (j) require an authority to file periodic reports not more often  than
  quarterly,  covering its operations and activities, in a form prescribed
  by him;
    (k) investigate the possibility of negotiating a fixed annual wage for
  laborers,  workmen  or  mechanics  employed  in  the  housing   industry
  generally for the purpose of stabilizing employment in such industry;
    (l)  investigate  into  housing  needs and conditions in the state and
  into the means of improving  such  conditions;  collect  and  distribute
  information  relating  to  housing  needs  and conditions and methods of
  dealing therewith.
    (m) assist, participate  in  and  otherwise  cooperate  with,  at  the
  request  of,  the  person  or persons or department of any county, city,
  town, village or other local government charged with the enforcement  of
  laws,   ordinances,  codes  and  regulations  in  relation  to  multiple
  dwellings in the discharge of such duties.
    (n) enter into contracts with the federal government to receive grants
  to assist in financing tenant services; enter into  contracts  with  and
  distribute  the  proceeds  of  such  grants  to other state agencies and
  officials, housing authorities, other  public  corporations,  non-profit
  and  other private organizations when, in the commissioner's discretion,
  such services might be better provided under such contracts.
    (o) apply for and contract with, or receive and accept  assistance  as
  an agent of the state, acting by and through the division of housing and
  community  renewal,  in  the form of gifts, grants, loans of funds or of
  property, or other aid in any form, from the federal government  or  any
  agency  or instrumentality thereof for purposes of (i) providing housing
  for  persons  of   low   income,   (ii)   the   clearance,   replanning,
  reconstruction  and  rehabilitation of substandard or insanitary housing
  or  areas,  (iii)  the  development  or  redevelopment  of   distressed,
  deteriorated    or    underutilized    communities    or   deteriorating
  neighborhoods,  or  (iv)   the   construction   or   rehabilitation   of
  recreational  and other facilities incidental thereto, and to do any and
  all things which may be required under any federal  law,  regulation  or
  contract  in connection with such assistance. No action pursuant to this
  paragraph  shall  be  taken on behalf of or for the benefit of a unit of
  local government except at the request of or with the  consent  of  such
  unit.  The  power  herein  granted  shall  not  limit  the  power of any
  municipality or agency thereof, or any housing authority or other public
  corporation or any private entity to apply for  and  contract  with  the
  federal government or any agency or instrumentality thereof for purposes
  of receiving such gifts, grants, loans or other aid.
    (p)  develop,  publish  and  distribute a land development guide which
  shall describe those issues which are relevant to the development of  an
  appropriate  local land use ordinance for localities of varying size and
  composition. Such guide may, in  the  discretion  of  the  commissioner,
  contain model ordinances, local laws and procedures which may be adopted
  by  localities  in  regulating the development of land. Such guide shall
  describe the merits and problems  of  procedures  which  localities  may
  include  in any land development law ordinance including but not limited
  to:
    (i) the utilization of a single consolidated application form for  use
  by  all  local  agencies  having jurisdiction to review and approve such
  development;
    (ii) coordination of staff review and communications between staff and
  the applicant;
    (iii) the elimination of separate public hearings by reviewing  state,
  county  and  local agencies having jurisdiction whenever practicable and
  if requested by the applicant;
    (iv)  the  concurrent  running  of  all  applicable  time  limits  for
  decisions by all approving and reviewing agencies; and
    (v)  other  matters  that will encourage efficiency and clarity in the
  land development approval process including the possible  use  of  state
  inducements  for  localities to address land use development issues. For
  the preparation of such guide, the commissioner shall establish and meet
  regularly with an advisory committee of no more than twelve persons. One
  member shall be appointed by the temporary president of the senate,  one
  member  shall  be  appointed  by  the minority leader of the senate, one
  member shall be appointed by the speaker of the assembly and one  member
  shall  be  appointed  by  the  minority  leader  of  the assembly.   The
  commissioner shall appoint all other members of the  advisory  committee
  and  shall  designate  the  chairman  of  the  advisory committee.   The
  advisory committee membership shall be as representative of the  various
  geographical  areas  of  the  state  as is practicable and shall include
  representatives of New York city  and  other  local  governments,  state
  government,    planning   agencies,   builder   organizations,   housing
  development  companies,  nonprofit  housing  development  organizations,
  environmental   organizations  and  professional  design  organizations.
  Advisory committee members  shall  receive  no  compensation  for  their
  services,  but  shall  be  allowed  their  actual and necessary expenses
  incurred in the performance of their duties.
    The commissioner shall publish the first such guide, no later than the
  thirty-first day of March,  1991.  Models  published  pursuant  to  this
  subdivision   shall  be  distributed  to  local  governments  and  other
  interested agencies, organizations and persons.
    (w) enter into contracts, as an  agent  of  the  state,  with  private
  entities  to  encourage  the  development of new multi-family housing in
  municipalities found by the legislature to be suffering from  a  housing
  emergency  at  the  time  of contracting. Such contracts shall include a
  commitment by the state that any such new housing  shall  remain  exempt
  from  rent  control,  rent  stabilization  and  any  other  form of rent
  regulation  for  a  term  of  fifty  years  except   where   equivalent,
  co-terminus  and  general  controls  of  prices and wages are imposed or
  where  the  owner  or  developer  of  such housing voluntarily agrees to
  accept such regulation in consideration for tax  or  other  governmental
  benefits. Notwithstanding any other provision of law to the contrary, an
  agreement  by the developer to build new multi-family housing in an area
  suffering from a housing  emergency  shall  be  deemed  good  and  valid
  consideration for the foregoing commitment by the state.
    2.   Subject  to  approval  by  the  state  comptroller,  and  by  the
  attorney-general as to form, the commissioner shall have power  to  make
  and  execute  contracts and other instruments necessary or convenient to
  the exercise of his powers relating to state loans  and  subsidies.  The
  commissioner  shall  have  power to sue in the name of the people of the
  state; to enforce, by appropriate actions or proceedings, any rights  of
  the  state  conferred  by  any  law,  mortgage,  lien, bond, contract or
  agreement and shall be represented  in  all  litigated  matters  by  the
  attorney-general.
    3.  Subject to approval by the state comptroller, the commissioner may
  consent to the modification of any contract or agreement  to  which  the
  state is a party pursuant to the provisions of this chapter.
    4.  The  agency shall promulgate regulations, rules and policies which
  provide for the rights of family members to succeed in certain cases  to
  the  rights  of tenants protected by the emergency tenant protection act
  of nineteen seventy-four, the emergency housing rent  control  law,  the
  local emergency housing rent control act, the administrative code of the
  city  of  New  York  and  any  regulations,  rules  and policies enacted
  pursuant thereto. Such regulations, rules  and  policies  shall  contain
  provisions which include, but shall not be limited to, the following:
    (a)  that  unless otherwise prohibited by occupancy restrictions based
  upon income  limitations  pursuant  to  federal,  state  or  local  law,
  regulations  or  other requirements of governmental agencies, any member
  of the tenant's family, as defined in paragraph (c) of this subdivision,
  shall succeed to the rights of a tenant under such acts and  laws  where
  the  tenant  has  permanently vacated the housing accommodation and such
  family member has resided with the tenant in the  housing  accommodation
  as  a primary residence for a period of no less than two years, or where
  such person is a "senior citizen" or a "disabled person," as defined  in
  paragraph  (c)  of  this  subdivision,  for a period of no less than one
  year, immediately  prior  to  the  permanent  vacating  of  the  housing
  accommodation  by  the  tenant,  or from the inception of the tenancy or
  commencement of the relationship, if for less than such  periods.    The
  minimum  periods  of  required  residency  set forth in this subdivision
  shall not be deemed to be interrupted by any  period  during  which  the
  "family member" temporarily relocates because he or she:
    (i) is engaged in active military duty;
    (ii) is enrolled as a full time student;
    (iii)  is  not in residence at the housing accommodation pursuant to a
  court order not involving any term or provision of the  lease,  and  not
  involving  any  grounds  specified  in  the  real  property  actions and
  proceedings law;
    (iv) is engaged in employment requiring temporary relocation from  the
  housing accommodation;
    (v) is hospitalized for medical treatment; or
    (vi) has such other reasonable grounds that shall be determined by the
  commissioner upon application by such person.
    (b)  that a tenant may in a form prescribed by the division of housing
  and community renewal, at  any  time,  advise  the  landlord  of,  or  a
  landlord  may  at  any  time  but  no more often than once in any twelve
  months, request from the tenant, the names of all persons other than the
  tenant who are residing in the housing accommodation, and the  following
  information pertaining to such persons:
    (i)  if the person is a "family member" as defined in paragraph (c) of
  this subdivision; and
    (ii) if the person is, or upon the passage of the  applicable  minimum
  period  of  required residency, may become a person entitled to be named
  as a tenant on a renewal lease or to protection from  eviction  pursuant
  to  paragraph  (a) of this subdivision, and the date of the commencement
  of such person's primary residence with the tenant; and
    (iii) if the person is a "senior citizen" or a  "disabled  person"  as
  defined in paragraph (c) of this subdivision.
    Failure  of  the  tenant  to provide such information to the landlord,
  regardless of whether the landlord requests the information, shall place
  upon all such persons not so made known to the  landlord,  who  seek  to
  exercise  the  right  to  be named as a tenant on a renewal lease or the
  right to protection from eviction as provided for in  this  subdivision,
  the affirmative obligation to establish such right.
    (c)  that  for  the  purposes of such regulations: (i) "family member"
  shall  be  defined  as  a  husband,  wife,   son,   daughter,   stepson,
  stepdaughter,  father,  mother, stepfather, stepmother, brother, sister,
  grandfather,  grandmother,  grandson,  granddaughter,   daughter-in-law,
  son-in-law,  mother-in-law  or father-in-law of the tenant; or any other
  person residing with the  tenant  in  the  housing  accommodation  as  a
  primary  residence who can prove emotional and financial commitment, and
  interdependence between such person and the tenant.  Although no  single
  factor shall be solely determinative, evidence which is to be considered
  in  determining  whether  such  emotional  and  financial commitment and
  interdependence existed, may include, without limitation,  such  factors
  as  listed  below.   In no event would evidence of a sexual relationship
  between such persons be required or considered.
    (A) longevity of the relationship;
    (B) sharing of or relying upon each other for payment of household  or
  family expenses, or other common necessities of life;
    (C)  intermingling  of  finances  as evidenced by, among other things,
  joint ownership of bank accounts, personal  and  real  property,  credit
  cards,  loan  obligations,  sharing  a  household budget for purposes of
  receiving  government  benefits,  or  such  other  factors  as  may   be
  determined by regulation;
    (D)  engaging  in  family-type  activities by jointly attending family
  functions,  holidays   and   celebrations,   social   and   recreational
  activities, or such other factors as may be determined by regulation;
    (E) formalizing of legal obligations, intentions, and responsibilities
  to  each  other  by  such  means as executing wills naming each other as
  executor or beneficiary, conferring upon each other a power of  attorney
  or  authority to make health care decisions each for the other, entering
  into a personal relationship contract,  making  a  domestic  partnership
  declaration, or serving as a representative payee for purposes of public
  benefits, or such other factors as may be determined by regulation;
    (F)  holding themselves out as family members to other family members,
  friends, members of the community or religious institutions, or  society
  in general, through their words or actions;
    (G)  regularly  performing  family  functions, such as caring for each
  other or each other's extended family  members,  or  relying  upon  each
  other for daily family services;
    (H)  engaging  in  any  other pattern of behavior, agreement, or other
  action  which  evidences  the  intention  of   creating   a   long-term,
  emotionally-committed relationship.
    (ii)  a "senior citizen" is defined as a person who is sixty-two years
  of age or older;
    (iii) a "disabled person" is defined as a person who has an impairment
  which  results   from   anatomical,   physiological   or   psychological
  conditions, other than addiction to alcohol, gambling, or any controlled
  substance,  which  are demonstrable by medically acceptable clinical and
  laboratory diagnostic techniques, and which are expected to be permanent
  and which substantially limit one or more of such  person's  major  life
  activities.
    (d) a procedure for maintaining records for the purpose of determining
  an  owner's  entitlement  to  the  vacancy  allowance  provided  for  in
  subdivision f of section 26-512 of the administrative code of  the  city
  of  New  York,  subdivision  g  of  section  six  of section four of the
  emergency tenant protection act of  nineteen  seventy-four,  subdivision
  nine  of section five of the emergency housing rent control law, section
  26-403.2 of the administrative code of the city  of  New  York  and  the
  fifth  undesignated  paragraph  of  section  one  of the local emergency
  housing rent control act.
    5. In order to effectuate the collection, administration  and  payment
  of  rent payments pursuant to article seven of the real property actions
  and proceedings law, the  division  of  housing  and  community  renewal
  shall,  in  cooperation  with the office of court administration, select
  through a competitive process, approved  by  the  state  comptroller,  a
  competent  financial  institution for the deposit and management of such
  payments.