§ 18-02 Relocation Assistance to Persons Displaced from City-Owned Dwelling Units by Certain Vacate Orders.
RCNY § 18-02
(a)Application. Notwithstanding the provisions of 28 RCNY § 18-01, this 28 RCNY § 18-02 shall apply to persons residing in City-owned buildings which are subject to a Vacate Order which, by its terms, shall take effect thirty (30) or more days after the date of issuance.
(b)Definitions. The following terms used in this section shall have the meaning stated below. Administrative Code. "Administrative Code" refers to the New York City Charter and Administrative Code. Agency or Department. "Agency or Department" refers to the Division of Relocation Operations, Department of Housing Preservation and Development (HPD), 75 Maiden Lane, New York, New York 10038. Prepared for occupancy. "Prepared for occupancy" refers to apartments that are prepared for occupancy when freed of all violations classified as immediately hazardous by the Office of Rent and Housing Maintenance pursuant to Article 2 of Subchapter 5 of Chapter 2 of Title 27 of the Administrative Code, supplied with all appropriate fixtures and appliances, painted, exterminated, if necessary, and reasonably cleansed and available for occupancy. Relocatee. "Relocatee" refers to an individual or a head of household and his or her family, deprived of a permanent residence rented by the person, household or family in the City of New York as a direct result of the enforcement of a Vacate Order (as defined in these regulations) and eligible for relocation services or benefits under these regulations and any other applicable law. "Family" and "household" shall include those persons who permanently resided with a head of household at the time the Vacate Order was issued. Relocatee accepts an apartment. "Relocatee accepts an apartment" refers to relocatee has established to the Department that the relocatee has leased an apartment in a privately-owned building; or relocatee has paid the first month rent for an apartment in a City-owned building. Relocation manager. "Relocation manager" refers to an employee of the Department assigned to coordinate and direct the furnishing of relocation services to a particular relocatee. Site occupancy record. "Site occupancy record" refers to a written file concerning each relocatee maintained by the relocation manager, recording all pertinent agency actions concerning the relocatee. Standard apartment. "Standard apartment" refers to an apartment satisfying the following criteria: (i) There may not be more than three (3) immediately hazardous violations as classified by the Office of Rent and Housing Maintenance pursuant to Article 2 of Subchapter 5 of Chapter 2 of Title 27 of the Housing Maintenance Code, in the building which directly and adversely affect the use of the apartment; (ii) The number of rooms and the floor area of rooms must be adequate for all resident family or household members and meet the requirements of the Administrative Code; (iii) There shall be no infestation, by vermin, mice or other pests, or a letter shall be submitted from a licensed exterminator certifying that the building is under contract to be serviced monthly; (iv) It must be self-contained and may not have any rooms or facilities which can be reached only by going through a public area; (v) The building must have central heat and hot water; (vi) There must be a private kitchen or kitchenette within the apartment for the exclusive use of the tenant; (vii) There must be private and fully enclosed toilet and bathing facilities within the apartment for the exclusive use of the tenant; and (viii) Each room must have a window or adequate light and ventilation. Suitable Accommodation. "Suitable accommodation" refers to accommodations adequate in size to meet the needs of relocatee and his/her family as defined by § 27-2075 of the Administrative Code. Vacate Order. "Vacate Order" refers to any order of a governmental agency requiring occupants of a structure to depart therefrom, which order, by its terms, shall take effect thirty (30) or more days after its issuance, pursuant to the following: (i) Health Department vacate orders issued pursuant to § 17-159 of the Administrative Code (relating to orders for housing defects likely to cause disease) or other provision of law; (ii) Buildings department vacate orders issued pursuant to §§ 26-101 et seq. of the Administrative Code or other provision of law.
(iii)Fire department vacate orders issued pursuant to § 15-227 of the Administrative Code or other provision of law (iv) Code enforcement vacate order issued pursuant to § 27-2139 of the Administrative Code by the Division of Code Enforcement or other divisions of HPD.
(c)Department duties.
(1)Upon receiving notice of a Vacate Order which is applicable to a City-owned building, the Department shall promptly offer relocation assistance to residential tenants of the building and shall furnish them with a copy of this section in English and Spanish and notify them of the name, office address and telephone number of the Relocation Manager assigned to them. Copies of this section in English and Spanish shall be posted in the office of the Relocation Manager.
(2)The Department shall refer relocatee to at least three (3) Standard Apartments or apartments which may be repaired to be Standard Apartments, which may be located in other City-owned buildings. Such apartments shall, if available, be located in the borough of the relocatee's choice. If the relocatee prefers relocating into a rooming unit, the relocatee shall be referred to rooming units if any are available.
(3)The Department may, in its discretion, provide temporary shelter as provided in subdivision (n) of this section subject to such conditions as the Department may impose.
(d)Obligations of Relocatee.
(e)Moving expenses allowance.
(f)Relocation incentive allowance.
(i)The relocatee must either (A) accept an apartment to which the relocatee has been referred by the Relocation Manager within 10 days of having been referred to three Standard Apartments by the Relocation Manager and move into that apartment within 10 days of the date on which that apartment is prepared for occupancy; or (B) move within 30 days from the initial verbal or written contact of the relocatee by the Relocation Manager after issuance of the Vacate Order; whichever is later; (ii) The relocatee must move to an accommodation to which the relocatee has been referred by or which has been approved by the Relocation Manager; (iii) The relocatee must not be under investigation by the Fire Department in relation to a fire of suspicious origin; (iv) The Department has not determined the relocatee to be ineligible pursuant to subdivision (g) of these regulations.
(g)Determination of Ineligibility for Benefits. The Department may determine that a relocatee is ineligible for benefits if: (1) A relocatee unjustifiably refuses to accept three (3) standard apartments or, if the relocatee is to be relocated to a rooming unit, three (3) rooming units which are suitable accommodations, to which the relocatee has been referred by the Department.
(h)Review of agency determination.
(4)A relocatee shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence to cross-examine opposing witnesses and to examine the site occupancy record.
(5)For good cause, a hearing may be adjourned by the hearing officer on the hearing officer's own motion or at the request of a relocatee or the Department.
(6)A hearing officer shall make a written summary of the proceedings including a statement of the relocatee's oral and written position and shall annex any documentary evidence offered at the hearing in support thereof. The relocatee shall be shown this summary and given the opportunity to object. In the case of a Spanish-speaking relocatee, the summary shall be read to the relocatee in Spanish. In the event any objection is not resolved at the hearing, that objection shall be made part of the summary. The relocatee shall promptly be provided with a copy of the completed summary. The hearing officer may, in the hearing officer's discretion, combine this summary with any findings of fact.
(7)The Department will provide adequate translation services for a Spanish-speaking relocatee.
(j)Hearing procedures: decision.
(k)Hearing procedures: default. Failure to appear at a scheduled hearing shall result in dismissal of the claim for review of an agency action unless, upon written application to the Department, the relocatee establishes either: (1) That the relocatee was not properly served with a notice of hearing; or (2) That the default was excusable and that relocatee has a meritorious defense to action taken by the agency.
(l)Appeal of hearings. An appeal from a decision of a hearing officer may be made in writing to the Assistant Commissioner of Division of Relocation Services or the Assistant Commissioner's designee provided it is received by the Department not less than five (5) days after service of the hearing officer's decision. The record before the Assistant Commissioner shall consist of the summary of the proceedings, the site occupancy record, the hearing officer's decision and any affidavits or documentary evidence or written arguments which the appellant may wish to submit. A copy of the decision on appeal will be delivered in the manner for giving notice provided in subdivision (m) of this section.
(m)Notice. Unless this article provides for another method of notice, any notice required under these regulations to be given or served by the Department shall be: (1) Personally served on the relocatee; (2) Left with a person of suitable age and discretion at the relocatee's place of residence and mailed to the relocatee; or (3) Affixed to the door of the relocatee's place of residence and mailed to the relocatee.
(n)Temporary shelter.
(o)Waiver. The Department may waive all or part of the foregoing rules and regulations where the circumstances warrant such exemption. Any waiver to be effective shall require the written approval of the Assistant Commissioner of the Division of Relocation Operations or his or her designee and shall include a specific statement of the reason(s) for such waiver.
