AGENCY TESTIMONY
Concerns about Intro 993: Police involvement in lockout situations
0:26:51
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145 sec
The administration expresses support for the intent of Intro 993 but raises significant concerns about the scope of its requirements, particularly regarding police involvement in illegal lockout situations.
- The administration agrees that no one should be illegally evicted from their home
- They argue that the police department is not the appropriate agent to perform the services contemplated in the bill
- Concerns include the need for specialized training, equipment, and systems for officers to handle lock replacements
- The bill's requirement for officers to identify lawful occupants and provide them with new keys is seen as problematic and potentially dangerous
- NYPD has significant concerns with the bill as drafted but is willing to work with the council to find alternative solutions
AnnMarie Santiago
0:26:51
Turning to intro 993, the administration supports the intent of this bill, but has concerns regarding the scope of its requirements.
0:26:59
We agree that no one should be illegally evicted from their home and forced onto the street.
0:27:04
We also believe that the police department is not the right agent to perform the service contemplated in this bill.
0:27:11
First, such a requirement is firmly outside the realm of officer responsibilities.
0:27:16
As a result, NYPD would be required to staff and train a number of officers to replace these locks, and furthermore, to create a system to track the locks and keys.
0:27:26
Considering that there are approximately 50 arrests a year where unlawful eviction is the top charge, out of millions of 9 one one calls, the cost of identifying officers with pre existing skills, training other officers in these skills, while equipping them with the proper tools and spare key storage is great compared to the number of cases they would respond to.
0:27:47
2nd, and of greater concern, is section c, which compels officers to take, reasonable steps to identify any other lawful occupant and provide them with copies of keys to the changed locks.
0:28:01
As written, this places an unfair and unworkable burden on officers to determine if someone is a true legal occupant.
0:28:10
This would basically ask an officer, possibly days later, to make a legal determination about whether another occupant, possibly not related to the complainant who originally called 911, is allowed to live at the location.
0:28:23
The reason we have landlord tenant court is so that judges can review evidence, records, text messages, and leases to make these weighty determinations.
0:28:32
A police precinct without access to all relevant documents is not the right venue to decide successive claims of tenancy at an apartment.
0:28:40
The rightful occupant who has already been given keys and access to the apartment by h p d I'm sorry, by NYPD is in a better position to determine who should be allowed access.
0:28:51
Finally, this provision could force NYPD to grant entry to someone that the true owner does not want at their house, specifically in cases of prior family disputes or domestic violence incidents of which the NYPD may be unaware.
0:29:06
For these reasons, the NYPD has significant concerns with the bill as drafted, but as always is eager to work with the council to find a solution and raise awareness on this issue.
