BILL NUMBER:  S7800

 TITLE OF BILL :
An act to amend the public housing law, in relation to requiring any
program or activity relating to housing which receives federal
financial assistance to comply with the Federal Rehabilitation Act of
1973


 PURPOSE :
To ensure that housing protections offered to people with disabilities
under Section 504 of the Federal Rehabilitation Act are also offered,
and therefore enforceable, on the state level as well.

 SUMMARY OF PROVISIONS :
Section one amends the public housing law by adding a new section
223-c to require any program or activity receiving federal financial
assistance to adhere to requirements set forth in Section 504 of the
Federal Rehabilitation Act and its implementing regulations as it
pertains to housing. Section two defines the enactment date.

 JUSTIFICATION :
New York's disability advocates have identified a lack of enforcement
of Section 504 of the Federal Rehabilitation Act in New York State.
Specifically, advocates have noted that some single and multi-family
projects that have received federal monies through the New York State
              

Division of Housing and Community Renewal (DHCR), local participating
jurisdictions and the Housing Finance Agency (HFA) are not in
compliance with Section 504. Even in circumstances where these
federally-funded projects have been in architectural compliance,
developers who have accepted federal funds have not marketed the
accessible units to eligible individuals with disabilities.

Some funding agencies have asserted that compliance with the state
building code is sufficient to demonstrate compliance with Section
504.  However, because these codes provide architectural standards and
do not contain the set aside and marketing requirements of Section
504, adherence to these codes does not equate to compliance with the
regulatory provisions of Section 504. Legislation to incorporate
Section 504 into state law would greatly assist in the enforcement of
these provisions in New York State. The incorporation of Section 504
and the clarification of enforcement responsibility in state law would
assist individuals with disabilities in obtaining accessible housing
by ensuring that accessible units are built and are occupied by those
who need them.

 LEGISLATIVE HISTORY :
2005-06: - A.7867 (Passed Assembly)
2007-08: - A.7138 (Passed Assembly)
2009:    - A.7851 (Passed Assembly)

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become law.