senate Bill S2184

Directs New York city housing authority to first offer vacant apartments to mobility impaired tenants living on a higher floor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Directs New York city housing authority to first offer vacant apartments to mobility impaired tenants living on a higher floor.

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Bill Details

See Assembly Version of this Bill:
A1742
Versions:
S2184
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Amd ยง402, Pub Hous L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4455A, A3420A
2009-2010: S7898, A11658

Sponsor Memo

BILL NUMBER:S2184

TITLE OF BILL: An act to amend the public housing law, in relation to
granting tenants, with a physically disabling condition that affects
their mobility, a preference in occupying a vacant dwelling unit on a
lower floor in the same building in projects operated by the New York
city housing authority

PURPOSE: Allows current mobility impaired tenants in NYCHA housing to
move to a lower floor if a unit becomes available.

SUMMARY OF PROVISIONS: Amends Section 402 of the public housing law by
adding a new subdivision 10 that gives preference to current tenants
upon a vacancy in their project to move to a lower floor if the vacant
unit is the same size or smaller, and they or any other legal occupant
residing with the tenant have a disabling condition that affects mobili-
ty. If more the one individual would qualify to move, preference would
be given to the tenant that has lived in the project the longest.

JUSTIFICATION: On May 29, 2009 a fire at Carlton Manor, a public hous-
ing project in Far Rockaway, resulted in the death of a woman who lived
with and cared for her daughter who was confined to a wheelchair. The
fire began in their apartment which was on the tenth floor. This death
highlighted the concern of public housing residents who live in higher
floors of public housing projects and have a physically disabling condi-
tion that affects mobility, to be given preference to move to a lower
floor if a vacancy dwelling unit becomes available.

People with mobility impairments should be located as close to the
ground floor as possible. This bill only impacts public housing projects
owned and managed by the New York City Housing Authority.

LEGISLATIVE HISTORY:

S.7898 of 2010: Passed Senate S.4455 of 2012: Referred to Housing,
Construction, and Community Development

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: On the thirtieth day after becoming law.

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

                                  2184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  SMITH  -- 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 granting tenants,
  with  a  physically disabling condition that affects their mobility, a
  preference in occupying a vacant dwelling unit on a lower floor in the
  same building in projects  operated  by  the  New  York  city  housing
  authority

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

  Section 1. Section 402 of the public housing law is amended by  adding
a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON
THE VACANCY OF A DWELLING UNIT IN ANY PROJECT OPERATED BY THE AUTHORITY,
SUCH VACANT DWELLING UNIT SHALL FIRST BE MADE AVAILABLE FOR OCCUPANCY TO
ANY TENANT WITHIN THE SAME PROJECT WHO LIVES ON A HIGHER FLOOR THAN  THE
VACANT  DWELLING  UNIT, PROVIDED, HOWEVER, THE VACANT DWELLING UNIT MUST
BE THE SAME SIZE OR SMALLER THAN THE UNIT OCCUPIED BY SUCH  TENANT,  AND
THE  TENANT  OR  ANY  OTHER  LEGAL  OCCUPANT CURRENTLY RESIDING WITH THE
TENANT HAS A DISABILITY, AS DEFINED BY SUBDIVISION TWENTY-ONE OF SECTION
TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, THAT AFFECTS MOBILITY.   IF
TWO  OR  MORE TENANTS ARE ELIGIBLE FOR SUCH VACANT APARTMENT, PREFERENCE
SHALL BE GIVEN TO THE INDIVIDUAL THAT HAS RESIDED IN THE PROJECT FOR THE
LONGEST PERIOD OF TIME.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01747-01-3

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