Stuyvesant Gardens Avision4change – Fed State City Laws

Federal Laws & Regulations

1. Title 24, Code of Federal Regulations (CFR), Part 964 – Tenant Participation and Resident Councils
   • Establishes the rights of public housing residents to form and operate resident councils.
   • Grants funding through HUD to support tenant participation activities.
   • Requires Public Housing Authorities (PHAs) to recognize resident councils and consult with them on major decisions.
2. Title 42 U.S. Code § 1437d(l)(3) – Prohibition on Interference with Tenant Organizing
   • Protects public housing tenants from retaliation when engaging in organizing activities.
   • Recognizes tenant associations as legitimate bodies to negotiate with PHAs.
3. Title 42 U.S. Code § 1437t – Public Housing Resident Management Corporations (RMCs)
   • Grants authority for tenants to form RMCs to take over housing management.
   • Requires PHAs to provide technical assistance and funding if tenants choose to pursue self-management.
   • Allows tenants to apply for direct HUD funding and bypass NYCHA control.
4. Title 42 U.S. Code § 1983 – Civil Action for Deprivation of Rights
   • Allows tenants to sue NYCHA or private property managers for violating their federally protected rights.
   • Can be used against harassment, intimidation, or forced conversion tactics.
5. Title 42 U.S. Code § 12755 – Tenant Protections in Federal Housing Programs
   • Ensures tenant rights are maintained in federally funded housing programs, including those converted under RAD/PACT.
   • Requires that tenants be given due process and meaningful input before major decisions.

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New York State Laws

6. New York Real Property Law (RPL) § 230 – Tenant’s Right to Organize
   • Explicitly prohibits landlords (including NYCHA and PACT developers) from interfering with or retaliating against tenant associations.
   • Makes it illegal for management to deny meeting spaces or remove tenant leaders as retaliation.
7. New York Real Property Law § 223-b – Prohibition on Retaliation Against Tenants
   • Provides broad protections against eviction or threats of eviction for tenants engaging in organizing efforts.
   • Includes protection against rent increases imposed in retaliation.
8. New York Private Housing Finance Law (PHFL) § 2 – Resident Involvement in Housing Development
   • Allows tenant groups to form housing development funds and acquire/manage buildings.
   • Enables the possibility of co-op conversion under limited-equity housing models.
9. New York Multiple Dwelling Law (MDL) § 78 – Safe and Sanitary Conditions
   • Ensures that conversions (like RAD/PACT) do not worsen living conditions or displace residents.

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New York City Laws & Regulations

10. NYC Administrative Code § 27-2005(d) – Tenant’s Right to Organize Without Harassment

• Prohibits landlords and property managers from preventing or interfering with tenant organizing efforts.
• Covers NYCHA, RAD/PACT operators, and private landlords.

11. NYC Human Rights Law (Title 8 of the Administrative Code) – Tenant Harassment Protections

• Expands anti-harassment protections to include efforts to coerce tenants into unwanted agreements.
• Applies to NYCHA and private management groups.

12. NYC Local Law 1 of 2004 – Lead Paint Protections in Housing Conversions

• Requires extensive inspections and remediation before any major construction projects (such as RAD conversions).
• Can be used to challenge unsafe renovations that NYCHA or PACT management tries to rush through.

13. NYC Local Law 55 of 2018 – Indoor Allergen & Mold Remediation in Housing

• Establishes strict legal obligations for landlords and property managers to address mold, pests, and indoor allergens.
• Useful for challenging substandard conditions that worsen under RAD/PACT conversions.

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Honorable Mentions: Strategic Legal Loopholes & Additional Rights

14. Tenant Opportunity to Purchase Act (TOPA) – Potential Future Protection (Pending in NY State)

• Would give residents the right of first refusal before NYCHA transfers buildings to private developers.
• If passed, it could prevent forced RAD/PACT conversions.

15. Section 504 of the Rehabilitation Act (29 U.S.C. § 794) – Protections for Disabled Tenants

• Protects disabled residents from being pushed out due to redevelopment.
• Can be leveraged to stop conversions that fail to meet accessibility requirements.

16. Americans with Disabilities Act (ADA) Title II – Right to Reasonable Accommodations

• RAD/PACT landlords must ensure accessibility in any converted housing.
• Failure to comply can lead to federal enforcement actions.

17. First Amendment of the U.S. Constitution – Freedom of Assembly & Petition

• Protects the right of tenants to organize and demand government accountability.
• Can be cited if NYCHA or private developers attempt to silence opposition.

18. Fair Housing Act (42 U.S.C. § 3601 et seq.) – Protection Against Discriminatory Displacement

• Ensures that housing policies, including conversions, do not disproportionately harm protected groups.
• Can be used to challenge RAD/PACT conversions that disproportionately impact minority communities.

19. Freedom of Information Law (FOIL) (N.Y. Public Officers Law § 84-90)

• Allows tenant associations to demand records from NYCHA and private management about financial dealings and conversion plans.
• Can expose corruption, mismanagement, and conflicts of interest in RAD/PACT agreements.

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Final Takeaway: Using These Laws for Maximum Impact

Tenant Associations and Resident Councils should strategically use these legal protections to:

✔ Demand FOIL records to expose financial corruption and backdoor deals in RAD/PACT conversions.
✔ Leverage NYC tenant harassment laws to document and report intimidation tactics.
✔ Invoke Section 1983 & Fair Housing Act to file federal lawsuits if NYCHA or PACT managers violate tenants’ rights.
✔ Organize under RPL § 230 to strengthen legal standing and block forced conversions.
✔ Use Section 504 & ADA to halt conversions that fail to meet accessibility standards.
✔ File complaints under NYC Local Law 55 & 1 if hazardous construction is being pushed through without proper safety measures.

With these legal tools, tenants can resist forced RAD/PACT conversions, challenge corrupt management, and assert control over their homes.