N.Y. Comp. Codes R. & Regs. tit. 9 § 1627-7.3

Current through Register Vol. 46, No. 24, June 12, 2024

Section 1627-7.3 - Authority board of review

(a) All housing authorities, except the New York City Housing Authority, shall establish by resolution an authority board of review, hereinafter referred to as the board. The board shall consist of at least three members of the authority and be appointed by the chairman of the authority. The members shall select a chairman from among themselves. The board shall meet at such times and places as fixed by the chairman of the board. A quorum of the board shall consist of a majority of the members of the board. A majority vote of the members of the board shall be required for a decision by the board. The housing project manager and/or authority counsel, if requested by the board, shall be present at the board meetings for the purpose of making available to the board such information and advice as it may require.

(b) The board shall review appeals by tenants from any administrative ruling or finding of ineligibility for continued occupancy in any authority project. Such review will be had upon the written demand of the tenant for a hearing by the board, made within 30 days after written notice to the tenant of the administrative ruling or finding of ineligibility for continued occupancy. At such hearing the tenant may appear by counsel or other qualified representative of his choice. The board shall also review appeals by applicants from any administrative ruling or finding of ineligibility for admission upon written demand of the applicant, made within 30 days after the interview granted in accordance with the provisions of section 156-a of the Public Housing Law. The applicant, at the time of such interview, shall be apprised of his right to a review by the board of review. Such review shall be in the form of an informal hearing, at which the applicant may appear by counsel or any other qualified representative of his choice, and present, either orally or in writing, material relevant to said appeal.

(c) A decision of a majority of the board shall be final, subject only to review by appropriate judicial proceeding. Failure of the board to reach a majority decision shall be cause for a remand of the matter to a formal meeting of the authority members called for the purpose of hearing and determining the matter. A decision by a majority of the members of the authority at such hearing shall have the same effect as a decision of the majority of the board.

(d) Minutes shall be kept of all meetings or hearings of the board and the authority in these matters. Such minutes do not necessarily have to be stenographic or in haec verba.

(e) A written demand for review by the tenant shall not affect any legal action taken by the authority to terminate tenancy, but the authority shall not evict any tenant whose appeal has not been finally determined.

(f) The resolution establishing the authority board of review, as well as any rules adopted to implement such resolution, are subject to the approval of the division. All housing authorities may establish by resolution an exception to the procedure set forth herein to appeal a declaration of nondesirability where the grounds therefor are the unlawful possession, trade, manufacture, distribution, storage and/or sale of a controlled substance or marijuana, or the unlawful possession, use or display of a weapon.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1627-7.3