N.Y. Public Housing Law Section 402-E
Disruption of vital services


1.

* (a) In order to ensure compliance and enforcement of the New York city housing authority’s duty to provide heat, water, electricity and elevator service, the New York city housing authority shall publish information regarding reported disruptions in such services, the length of such disruptions and the steps taken to restore services. Starting on May first, two thousand twenty, the New York city housing authority shall publish such information on its website. For six months after the original publication date, the New York city housing authority shall retain such information on its website. * NB Effective until March 26, 2025 * (a) In order to ensure compliance and enforcement of the New York city housing authority’s duty to provide heat, water, electricity, gas, where provided and elevator service, the New York city housing authority shall publish information regarding reported disruptions in such services, the length of such disruptions and the steps taken to restore services and shall remedy interruptions of gas service in accordance with subdivision five of this section. Starting on May first, two thousand twenty, the New York city housing authority shall publish such information on its website. For six months after the original publication date, the New York city housing authority shall retain such information on its website. * NB Effective March 26, 2025 (b) When a public utility or local, state or federal agency advises the New York city housing authority that certain residents of such authority should avoid the use of water for drinking or cooking, such authority shall provide written notice, in electronic and paper form, of such advice to the indicated residents and the resident association president or other formally recognized resident leader for the indicated development as soon as practical but no later than twenty-four hours after such authority has received such advice. 1-a. The New York city housing authority shall establish appropriate measures, procedures, and guidelines, such as contract requirements and enforcement mechanisms, to ensure that all of its contractors and subcontractors, when collecting or examining water samples on behalf of such authority, comply with all federal, state, and local laws, rules, and regulations applicable to such collection or examination, including the provisions of Public Health Law § 502 (Environmental laboratories)section five hundred two of the public health law.

2.

No later than April first, two thousand twenty, the New York city housing authority shall meet with representatives of the housing part of the New York city civil court, a representative of public housing tenants from each borough in the city of New York, and a representative of a legal services provider with experience representing public housing tenants in the housing part of the New York city civil court, in order to review and comment on the New York city housing authority’s proposed additions to its website as described in subdivision one of this section.

3.

Nothing in this section shall be deemed to limit or modify the manner in which a tenant may report unscheduled interruption in services to their particular unit when not associated with a broader building or development unscheduled interruption of services, or to limit the applicability of the warranty of habitability to New York city housing authority apartments or to limit the authority of the New York city council to legislate in the area of housing code violations or with respect to the New York city department of housing preservation and development.

4.

Nothing in this section shall be deemed to limit or modify the obligation of the department of housing preservation and development to inspect and verify the existence of conditions of all kinds in the New York city housing authority. * 5.

(a)

The New York city housing authority shall remedy an interruption of gas service as expeditiously as practicable by applying for any permits necessary to make repairs, as applicable, and coordinating with agencies and gas corporations on a plan to restore such service.

(b)

The New York city housing authority shall notify residents affected by any such interruption of the plan to restore such service developed pursuant to paragraph (a) of this subdivision by:

(i)

Communicating such plan to residents affected by such interruption as well as the resident association president or other formally recognized resident leader;

(ii)

Regularly scheduling meetings to update residents affected by such interruption, as well as the resident association president or other formally recognized resident leader, about the progress made on such plan; and

(iii)

Posting a notice in the lobby of the building affected by such interruption describing the interruption and estimating the date on which service by the gas corporation shall be restored. * NB Effective March 26, 2025

Source: Section 402-E — Disruption of vital services, https://www.­nysenate.­gov/legislation/laws/PBG/402-E (updated Oct. 4, 2024; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Oct. 4, 2024

§ 402-E’s source at nysenate​.gov

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