NY State Senate Bill 2009-S1528

Senate Bill S1528

2009-2010 Legislative Session

Authorizes commissioner of housing and community renewal to maintain housing registry called "Access-New York"

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Feb 02, 2009	referred to housing, construction and community development

co-Sponsors

2009-S1528 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §14-a, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3396
2013-2014: S3116
2015-2016: S1719
2017-2018: S3120
2019-2020: S1552
2021-2022: S2923
2023-2024: S7331

2009-S1528 (ACTIVE) - Summary

Authorizes commissioner of housing and community renewal to maintain housing registry of accessible or adaptable housing for disabled called "Access-New York"; provides that certain owners shall provide certain information in relation to "Access-New York"; and establishes a special advisory panel to assist commissioner in performance of duties of "Access-New York".

2009-S1528 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1528

 TITLE OF BILL :
An act to amend the public housing law, in relation to establishing a
centralized statewide registry of accessible or adaptable housing for
people with disabilities to be known as "Access-New York"


 PURPOSE :
To enact a New York State housing registry containing up-to-date
information regarding accessible housing for people with disabilities.

 SUMMARY OF PROVISIONS :
Section one defines the short title of this bill to be cited as the
"Access-New York Act."

Section two amends the public housing law by adding a new section
14-a, which offers all relevant and necessary definitions.
Furthermore, this section requires the Division of Housing and
Community Renewal (DHCR) to develop and maintain a statewide housing
registry (called Access-New York) to consist of a database to track
accessible housing throughout the state and maintain information about
its availability.

This database, which must contain specific information also set forth
in this section, must be accessible by both a web site and a toll-free

number to easily allow people with disabilities to retrieve housing
vacancy information. All owners or operators of any residential
housing that is for sale or rent with three or more accessible units
must list vacancies on this registry. In addition, this section
requires DHCR and the Secretary of State to market Access-New York to
certain organizations that will make this registry successful and
functional.

This section also creates a special advisory panel within the New York
State Division of Housing and Community Renewal responsible for
assisting in the establishment and maintenance of the housing
registry. The panel shall meet as needed, but at least twice a year,
and shall be comprised of three representatives from public housing
authorities with-in New York State, three advocates of the disability
community and three representatives of the production, management or
marketing of residential real estate, one of each appointed by the
Governor, the Speaker of the Assembly and the Temporary President of
the Senate, two tenants with disabilities and two representatives from
neighborhood and rural preservation companies, one of each appointed
by the Minority Leader of the Assembly and the Minority Leader of the
Senate. In addition to its primary responsibility of working to ensure
the success of Access-New York, this panel would be responsible for
issuing an annual report to the Legislature on the Access-New York
housing registry program.

Section three calls for this bill to take effect on the sixtieth day
after it shall have become law.

 JUSTIFICATION :
In recent years, a social demand has called upon legislators to help
relieve the burdens of finding accessible housing for people with
disabilities. Locating housing that meets the needs of people with
disabilities is a challenging task because many people with
disabilities face a twofold problem. Many live on a fixed income, and
cannot afford the high cost of housing, so they are limited to the few
units that are both inexpensive and accessible.

A statewide accessible housing registry in New York would help correct
the issue of locating suitable housing for people with disabilities.
The registry would allow for people with disabilities to search for
housing that suits their accessibility nee~s and income levels. It
should be noted that, while mandatory, this program entails no
enforcement mechanism that would be imposed on covered owners for
non-compliance.

 LEGISLATIVE HISTORY :
S.4875A of 2006 Reported to Finance
S.3957 of 2007  Committed to Rules
S.3957A of 2008 Committed to Rules

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the 60th day after it shall have become
law.

2009-S1528 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1528

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by Sens. MORAHAN, BONACIC, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development

AN ACT to amend the public housing law, in relation  to  establishing  a
  centralized  statewide registry of accessible or adaptable housing for
  people with disabilities to be known as "Access-New York"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "Access-New York Act".
  S 2. The public housing law is amended by adding a new section 14-a to
read as follows:
  S 14-A. ADDITIONAL DUTIES IN RELATION TO "ACCESS-NEW YORK  ACT".    1.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A)  "ACCESSIBLE  UNIT"  MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE  COMMISSIONER
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  (B)  "ADAPTABLE  UNIT"  MEANS  A RESIDENTIAL UNIT IN A COVERED PREMISE
WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE  COMMISSIONER
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  (C) "COVERED OWNER" MEANS AN OWNER, MANAGER, OPERATOR OR OTHER PRIVATE
OR  PUBLIC  ENTITY  ENGAGED IN THE SALE OR RENTAL OF COVERED PREMISES IN
THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO,  HOUSING  AUTHORI-
TIES.
  (D)  "COVERED PREMISES" MEANS ANY PRIVATELY OR PUBLICLY OWNED BUILDING
CONTAINING THREE OR MORE RESIDENTIAL DWELLING UNITS  WHICH  ARE  OFFERED
FOR SALE OR RENT.
  (E)  "ACCESSIBLE  WEB  SITE" SHALL HAVE THE SAME MEANING AS DEFINED IN
REQUIREMENTS OF SECTION FIVE HUNDRED EIGHT OF THE FEDERAL REHABILITATION
ACT OF 1973, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05997-01-9

S. 1528                             2

  2. (A) THE COMMISSIONER SHALL DEVELOP NO LATER THAN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION AND MAINTAIN A STATEWIDE HOUSING REGISTRY
CALLED "ACCESS-NEW YORK" TO CONSIST OF A DATABASE  TO  TRACK  ACCESSIBLE
AND  ADAPTABLE  UNITS,  AND  TO  MAINTAIN INFORMATION ABOUT SUCH HOUSING
AVAILABILITY.  THE  DATABASE  SHALL USE THE LATEST TECHNOLOGY, INCLUDING
BUT NOT LIMITED TO, ACCESSIBLE WEB SITE TECHNOLOGY AND  TOLL-FREE  TELE-
COMMUNICATIONS  SYSTEMS  THAT  INCLUDE A TOLL-FREE TELEPHONE NUMBER TO A
LIVE OPERATOR AND A TOLL-FREE TTY LINE. THESE  TECHNOLOGIES  SHALL  MAKE
AVAILABLE  ONGOING  ACCESSIBLE OR ADAPTABLE HOUSING INFORMATION TO DISA-
BILITY AGENCIES, ADVOCACY ORGANIZATIONS AND PEOPLE WITH DISABILITIES.
  (B) THE COMMISSIONER SHALL ESTABLISH CRITERIA TO IDENTIFY AND CATEGOR-
IZE RESIDENTIAL DWELLING UNITS  IN  COVERED  PREMISES  WHICH  UNITS  ARE
OFFERED  FOR RENT OR SALE AND WHICH ARE ACCESSIBLE TO PERSONS WITH DISA-
BILITIES OR WHICH ARE ADAPTABLE TO ACCOMMODATE  PERSONS  WITH  DISABILI-
TIES.  SUCH    CRITERIA  SHALL BE BASED ON THE PROVISIONS OF SECTION ONE
THOUSAND ONE HUNDRED SEVEN OF THE BUILDING CODE OF NEW  YORK  STATE  AND
OTHER STANDARDS WHICH THE COMMISSIONER DEEMS RELEVANT.
  THE  CATEGORIES  ESTABLISHED  BY THE COMMISSIONER SHALL ENABLE PERSONS
WITH DISABILITIES WHO ARE SEEKING ACCOMMODATIONS TO RENT OR PURCHASE  TO
READILY  IDENTIFY  UNITS WHICH WILL ACCOMMODATE THEIR NEEDS AND SHALL BE
DESIGNED TO ENABLE OWNERS TO EASILY IDENTIFY AND CATEGORIZE ALL ACCESSI-
BLE AND ADAPTABLE UNITS.
  (C) THE ACCESS-NEW YORK DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) LOCATION OF EXISTING AND PROPOSED ACCESSIBLE OR ADAPTABLE  HOUSING
UNITS;
  (II) RENT AND PURCHASE PRICE LEVELS;
  (III)  ACCESSIBLE  OR  ADAPTABLE  PROJECTS  RECEIVING  LOCAL, STATE OR
FEDERAL GOVERNMENT ASSISTANCE;
  (IV) WHETHER OR NOT COVERED OWNER ACCEPTS SUBSIDIES SUCH  AS  "SECTION
8",  PUBLIC ASSISTANCE AND/OR LOCAL, MUNICIPAL, STATE OR FEDERAL HOUSING
SUBSIDIES;
  (V) NUMBER OF BEDROOMS;
  (VI) DEVELOPMENT AMENITIES;
  (VII) NEIGHBORHOOD FEATURES, INCLUDING WHETHER OR NOT SUCH UNIT IS  ON
A LINE OF PUBLIC TRANSPORTATION;
  (VIII) YEAR OF CONSTRUCTION;
  (IX) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES TO ASSIST PERSONS WHO
ARE DEAF, HARD OF HEARING, BLIND OR VISUALLY IMPAIRED;
  (X)  PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES, AS DETERMINED BY THE
COMMISSIONER;
  (XI) VACANCY STATUS;
  (XII) WAITING LIST STATUS;
  (XIII) CONTACT INFORMATION, INCLUDING COVERED  OWNER'S  NAME,  MAILING
ADDRESS,  PHONE  NUMBER,  FAX  NUMBER,  E-MAIL ADDRESS, WEB SITE AND TTY
PHONE NUMBER IF AVAILABLE; AND
  (XIV) ANY OCCUPANCY RESTRICTIONS THAT APPLY TO THE UNIT.
  (D) THE COMMISSIONER SHALL PROVIDE  TECHNICAL  ASSISTANCE  TO  COVERED
OWNERS  TO  ASSIST  IN  IDENTIFYING AND LISTING ACCESSIBLE AND ADAPTABLE
UNITS.
  3. EVERY COVERED OWNER OF A COVERED PREMISES SHALL LIST ALL ACCESSIBLE
UNITS AND ADAPTABLE UNITS ON THE ACCESS-NEW YORK REGISTRY IN  ACCORDANCE
WITH A SCHEDULE ESTABLISHED BY THE COMMISSIONER BUT NO SOONER THAN SIXTY
DAYS  AFTER THE REGISTRY IS OPERATIONAL AND THE COMMISSIONER PROMULGATES
RULES AND REGULATIONS TO IMPLEMENT THE REGISTRY.    NOTWITHSTANDING  THE
FOREGOING,  THE COMMISSIONER MAY REQUIRE THAT COVERED OWNERS OF PUBLICLY
OWNED COVERED PREMISES INCLUDING BUT NOT LIMITED TO HOUSING  AUTHORITIES

S. 1528                             3

LIST  ACCESSIBLE  AND  ADAPTABLE UNITS AT ANY TIME THAT THE COMMISSIONER
DEEMS APPROPRIATE.
  THE  SCHEDULE  ESTABLISHED  BY  THE  COMMISSIONER  FOR  THE LISTING OF
PRIVATELY OWNED ACCESSIBLE AND ADAPTABLE UNITS MAY PROVIDE  FOR  PHASING
IN  OF THE REQUIREMENT BY BUILDING SIZE, GEOGRAPHIC AREA OR OTHER CRITE-
RIA OVER A REASONABLE PERIOD OF TIME.
  4. ANY TENANT WHO OCCUPIES AN ACCESSIBLE UNIT  OR  AN  ADAPTABLE  UNIT
SHALL  PROVIDE  AT LEAST THIRTY DAYS WRITTEN NOTICE TO THE COVERED OWNER
OF HIS OR HER INTENT TO VACATE AND SIMULTANEOUSLY NOTIFY THE REGISTRY BY
PHONE OR REGULAR MAIL. COVERED OWNERS SHALL NOTIFY THE REGISTRY  OF  ALL
ACCESSIBLE  UNITS AND ADAPTABLE UNITS THAT ARE AVAILABLE FOR RENT WITHIN
THREE BUSINESS DAYS OF THE TIME THE UNITS BECOME AVAILABLE.
  5. THE COMMISSIONER SHALL PROMULGATE A FORM  OF  NOTICE  THAT  ADVISES
TENANTS  OF THEIR OBLIGATIONS UNDER THIS SECTION. THE COMMISSIONER SHALL
MAKE SUCH FORMS READILY AVAILABLE  TO  COVERED  OWNERS.  COVERED  OWNERS
SHALL  PROVIDE  A  COPY OF SUCH NOTICE TO THE TENANT OF EVERY ACCESSIBLE
AND ADAPTABLE UNIT.
  6. THE COVERED OWNER SHALL COLLECT AND RETAIN THE CONTACT  INFORMATION
OF  ANY  PARTY  WHO  SUBMITTED  A  WRITTEN APPLICATION FOR ACCESSIBLE OR
ADAPTABLE UNITS FOR AT LEAST A TWELVE MONTH PERIOD.
  7. THE COMMISSIONER SHALL NOTIFY YEARLY ALL PUBLIC HOUSING AUTHORITIES
AND OTHER PUBLIC ENTITIES RESPONSIBLE FOR  FUNDING  HOUSING  DEVELOPMENT
PROJECTS  OF THE REQUIREMENTS OF THIS SECTION AND ADVISE THEM TO DISSEM-
INATE THIS INFORMATION TO ALL DEVELOPERS AND MANAGERS TO WHICH THEY HAVE
DISSEMINATED FUNDS. THE COMMISSIONER SHALL ALSO NOTIFY YEARLY ALL  INDE-
PENDENT  LIVING  CENTERS  WITHIN  NEW  YORK STATE AND ALL NEW YORK STATE
AGENCIES THAT SERVE PEOPLE WITH DISABILITIES OF THE REQUIREMENTS OF THIS
SECTION AND ADVISE THEM TO MAKE AVAILABLE THIS INFORMATION TO INTERESTED
PARTIES WITHIN THEIR SERVICE AREA.
  8. THE SECRETARY OF STATE SHALL NOTIFY YEARLY ALL LICENSED REAL ESTATE
BROKERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION.   THE
SECRETARY  OF  STATE  SHALL ALSO NOTIFY YEARLY ALL APPROPRIATE ENTITIES,
INCLUDING, BUT NOT LIMITED TO,   LOCAL BOARDS  OF  REALTORS,  LANDLORD'S
ASSOCIATIONS,  ORGANIZATIONS  REPRESENTING  CO-OPS  AND CONDOMINIUMS AND
BUILDERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS  SECTION  AND
ADVISE  THEM  TO DISSEMINATE THIS INFORMATION TO THEIR MEMBERS OR INTER-
ESTED PARTIES.
  9. (A) A SPECIAL ADVISORY REVIEW PANEL SHALL BE ESTABLISHED TO  ASSIST
THE  COMMISSIONER  IN FACILITATING THE DEVELOPMENT AND MANAGEMENT OF THE
ACCESS-NEW YORK HOUSING REGISTRY.
  (B) THE SPECIAL ADVISORY REVIEW PANEL SHALL MEET AS NEEDED,  AT  LEAST
TWICE  A  YEAR,  AND  SHALL CONSIST OF THREE REPRESENTATIVES FROM PUBLIC
HOUSING AUTHORITIES WITHIN NEW YORK STATE, THREE ADVOCATES OF THE  DISA-
BILITY COMMUNITY AND THREE REPRESENTATIVES OF THE PRODUCTION, MANAGEMENT
OR  MARKETING  OF  RESIDENTIAL REAL ESTATE, ONE OF EACH APPOINTED BY THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE; AND TWO TENANTS  WITH  DISABILITIES,  TWO  REPRESENTATIVES  FROM
NEIGHBORHOOD  AND RURAL PRESERVATION COMPANIES, ONE OF EACH APPOINTED BY
THE MINORITY LEADER OF THE ASSEMBLY  AND  THE  MINORITY  LEADER  OF  THE
SENATE.
  (C)  ALL  MEMBERS  OF  THE  SPECIAL  ADVISORY  REVIEW  PANEL  SHALL BE
APPOINTED NO LATER THAN THIRTY DAYS AFTER THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  (D) THE MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL SERVE WITH-
OUT COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.

S. 1528                             4

  (E)  THE  SPECIAL ADVISORY REVIEW PANEL MAY CONSULT WITH ANY ORGANIZA-
TION, EDUCATIONAL INSTITUTION,  GOVERNMENTAL  AGENCY,  OR  EXPERT  IN  A
RELATED  FIELD  TO  ACHIEVE  ITS  GOAL. SUCH GOVERNMENTAL AGENCIES SHALL
PROVIDE SUCH COOPERATION AND  ASSISTANCE,  SERVICES  AND  DATA  AS  WILL
ENABLE  THE  SPECIAL  ADVISORY  REVIEW  PANEL  TO PROPERLY CARRY OUT ITS
DUTIES.
  (F) THE SPECIAL ADVISORY REVIEW PANEL SHALL  ISSUE  A  REPORT  TO  THE
GOVERNOR,  THE  LEGISLATURE,  AND  INTERESTED ADVOCACY ORGANIZATIONS AND
INDIVIDUALS ON ACCESS-NEW YORK, INCLUDING  RECOMMENDATIONS,  SIX  MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER.
  (G)  THE  SPECIAL  ADVISORY  REVIEW  PANEL SHALL PERFORM THE FOLLOWING
DUTIES, INCLUDING, BUT NOT LIMITED TO:
  (I) DETERMINING WHETHER THERE IS SUFFICIENT PARTICIPATION  OF  COVERED
OWNERS  IN  THE  HOUSING  REGISTRY  AND  MAKE  RECOMMENDATIONS REGARDING
INCREASED PARTICIPATION;
  (II) DETERMINING WHETHER THE  PROCESS  FOR  PARTICIPATION  BY  COVERED
OWNERS IN THE HOUSING REGISTRY BEST FACILITATES ACCURATE LISTINGS;
  (III)  CONSULTING  WITH  THE OPERATOR OF ACCESS-NEW YORK REGARDING THE
REVIEW OF SCHEDULES FOR CONTACT WITH  COVERED  OWNERS,  VERIFICATION  OF
LISTINGS AND ENTRY OF DATA TO ENSURE THE TIMELINESS OF LISTINGS;
  (IV) ADVISING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON STRATE-
GIES  TO  MARKET  ACCESS-NEW  YORK  TO  ENSURE  MAXIMUM PARTICIPATION BY
COVERED OWNERS;
  (V) ASSESSING THE IMPACT OF MARKETING STRATEGIES ON USE OF THE SITE BY
PEOPLE WITH DISABILITIES AND THE ORGANIZATIONS THAT REPRESENT AND  SERVE
THEM;
  (VI) EVALUATING THE ADEQUACY OF LISTING INFORMATION BY SURVEYING HOUS-
ING REGISTRY USERS;
  (VII)  EXAMINING  THE  BENEFITS AND COSTS OF STRATEGIES FOR INCREASING
PARTICIPATION IN THE HOUSING REGISTRY  AND  RELIANCE  UPON  THE  HOUSING
REGISTRY BY USERS; AND
  (VIII) EXAMINING OTHER ISSUES AS APPROPRIATE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.    Effective  immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of  this act on its effective date is authorized and directed to be made
and completed on or before such effective date.

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Senate Bill S1528

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Sponsored By

Thomas P. Morahan