Int. No. 674-A

By Council Members Hudson, Schulman, Lee, Richardson Jordan, Avilés, Menin, Louis, Dinowitz, Riley, Restler, Hanif, Sanchez, Velázquez, Barron, Stevens, Won, Krishnan, Gutiérrez, Narcisse, De La Rosa, Abreu, Ossé, Cabán, Nurse, Joseph, Bottcher, Brooks-Powers, Farías, Williams, Ung, Brannan, Powers, Brewer, Yeger, Rivera and Gennaro

A Local Law to amend the administrative code of the city of New York, in relation to requiring a know your rights pamphlet for older adults

Be it enacted by the Council as follows:

            Section 1. Chapter 2 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-211 to read as follows:

§ 21-211 Know your rights pamphlet for older adults. a. Definitions. For purposes of this section, the following terms have the following meanings:

Designated citywide languages. The term “designated citywide languages” means (i) the top 6 limited English proficiency languages spoken by the population of New York city as determined by the department of city planning and the office of the language services coordinator, based on the American community survey data, as published by the United States census bureau; and (ii) the top 4 limited English proficiency languages spoken by the population served or likely to be served by agencies, as determined by the office of the language services coordinator, based on language access data collected by the department of education, excluding the languages designated based on the American community survey data.

Naturally occurring retirement community. The term “naturally occurring retirement community” means an apartment building, a housing complex or a housing development, as identified by the department, (i) that was not constructed to house older adults, (ii) where dwelling units are not leased or sold exclusively to older adults, and (iii) where at least 2,500 older adults reside or at least 50 percent of the dwelling units are occupied by one or more older adults.

Older adult. The term “older adult” means a person 60 years of age or older.

Relevant agencies. The term “relevant agencies” means the city commission on human rights, the department of consumer and worker protection, the department of health and mental hygiene, the department of housing preservation and development, the department of parks and recreation, the department of social services, the department of youth and community development, the mayor’s office for people with disabilities, and the mayor’s office of immigrant affairs.

State agency. The term “state agency” means any New York state department, division, board, commission, or bureau of any state department, any public benefit corporation, public authority, or commission at least one of whose members is appointed by the governor of New York.

b. Pamphlet. The department, in consultation with relevant agencies, shall develop and publish a pamphlet written in English, using clear and accessible language, to educate older adults about their rights, and access to information and resources, on topics including, but not limited to, age discrimination, deed theft, elder abuse, emergency preparedness and response, food security, health care and insurance, home care, housing accommodations, living wills, and transportation. Such pamphlet shall (i) describe each such topic and the rights of older adults regarding such topic and (ii) list the name, address, contact information, and website of the relevant agency or state agency and relevant community-based organizations that an older adult may contact to obtain additional information. The department may include a statement in such pamphlet notifying recipients that inclusion of an organization on such list does not constitute an endorsement by the department of the services provided by any such organization. The department shall post, and update as necessary, such pamphlet on the department’s website and make it available in the designated citywide languages. Such pamphlet shall also be posted on the 311 citizen center website.

c. Outreach. No later than 30 days after the department publishes the pamphlet required by subdivision b of this section, the department, in collaboration with relevant agencies, shall conduct outreach on such pamphlet in the designated citywide languages and in a manner that takes into account the cultural and ethnic backgrounds of the older adults who are the subjects of such outreach. Such outreach shall include, but need not be limited to, the following:

1. Conducting informational sessions about such pamphlet; and

2. Providing such pamphlet to organizations that have contracts with the department to serve older adults.

d. The department may promulgate rules establishing a process for an organization incorporated pursuant to the not-for-profit corporation law to be included on the list required by subdivision b of this section. Such rules shall consider factors including, but not limited to, whether such organization provides services at no or low cost; the size, capacity, and services of such organization; and the experience such organization has working with older adults.

e. Report. No later than 1 year after the department posts the pamphlet as required by subdivision b of this section, and annually thereafter, the commissioner shall submit a report regarding the department’s outreach efforts, as required by subdivision c of this section, to the mayor and the speaker of the council, and post such report on the department’s website. Such report shall include, but need not be limited to, the following information for the previous year:

1. The number of informational sessions conducted on the pamphlet;

2. The number of pamphlets provided to organizations and institutions serving older adults; and

3. Any recommendations to improve such outreach efforts.

§ 2. This local law takes effect 180 days after it becomes law.

NLB/CP

LS #7944

1/11/2023 10:08 PM