Housing Company Responsibilities to Tenant / Cooperators.
28 RCNY § 3-17
in effect§ 3-17 Housing Company Responsibilities to Tenant / Cooperators.
(a) Tenants Association.
(1) All rental housing companies shall recognize a duly constituted Tenants Association that will be representative of the tenant body as a whole.
(2) A Tenants Association shall be duly constituted when a petition is signed by tenants representing no less than forty (40%) percent of the dwelling units. A group seeking recognition on the basis of such petition must submit the original petition to HPD and a copy to the housing company, and must arrange for the posting of a notice in each building of the development advising the other tenants of their intention to seek recognition. If HPD determines that the proposed group has been duly constituted, it will advise the housing company in writing of its decision to recognize the group. In the event other tenants representing no less than forty (40%) percent of the dwelling units in the development seek recognition of an alternative group, the housing company shall provide for an election to determine which shall be the duly constituted Tenants Association. In such an election each dwelling unit in the development shall be accorded one vote.
(3) Upon recognition of a Tenants Association, an election of officers must be held and the names of the officers of said association shall be furnished to HPD.
(4) HPD reserves the right to review and approve the by-laws and constitution of a Tenants Association.
(5) Members or officers of the Tenants Association must occupy a dwelling unit at the rental housing company development represented by such Tenants Association as his or her primary place of residence.
(b) Availability of housing company records.
(1) The rental housing company shall provide the Tenants Association with copies of operating budgets and financial statements of the housing company within 30 days after said documents are filed with HPD.
(2) In a rental development which does not have a duly constituted and recognized Tenants Association, the rental housing company shall maintain copies of the operating budget and financial reports in the management office on site. If there is no office on site, the documents shall be made available upon request.
(3) Any tenant / cooperator or any Tenants Association's duly authorized representative may audit the books of the housing company during normal business hours and shall have access to the financial records upon which such financial statement is based.
(4) In a mutual housing company, the operating budget and financial statements shall be supplied to all shareholders.
(c) Consultation. The housing company or its duly authorized representative shall meet on a regular basis with representatives of a Tenants Association to discuss matters relating to the development. Such meeting shall take place at the development at a time mutually convenient to the Tenants Association and the housing company, and shall be held on a monthly basis unless the Tenants Association chooses to meet on a less frequent basis.
(d) Availability of community space.
(1) The housing company or its managing agent shall not unreasonably withhold permission for use of the development's community space from its residents. A reasonable charge may be made for janitorial or related services. A deposit may be required for the use of the space which is refundable if the premises is free of acts of vandalism.
(2) The housing company shall, in consultation with the Tenants Association, establish priorities for the use of the community space.
(3) If other organizations of tenants exist within a housing development, such as, for example, a senior citizen's club or garden club, the housing company through its managing agent, should make every effort to accommodate the needs of these organizations by providing an opportunity for use of the community space available. While the Tenants Association has first priority with regard to meeting space, it should not be to the exclusion of all other tenant organizations in the development.
(4) There is no obligation for the housing company to make community space available for fund-raising events or for organizations whose membership consists primarily of non-tenants. The use of the community room for these purposes should be at the discretion of the housing company in consultation with the Tenants Association.
(5) Notwithstanding anything to the contrary contained herein, shareholder and/or tenants’ groups, committees or other shareholder and/or tenants’ organizations shall have the right to meet for organizational events without being required to pay a fee, in any location on the premises of a limited-profit housing company development that is devoted to the common use of all shareholders and/or tenants, including a community or social room where use is normally subject to a fee, provided that any such meeting shall be conducted in a peaceful manner, at reasonable hours and without obstructing access to the premises or facilities.
(e) Bedbug Disclosure Notification. In accordance with Administrative Code § 27-2018.1, all rental and mutual housing companies must provide notice to each tenant / cooperator signing a vacancy lease or occupancy agreement of the project's previous year's bedbug infestation history. Such notice must be in a form approved by the Department.
(Amended City Record 6/20/2023, eff. 7/20/2023)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-121452Fetched: 10/24/2026