senate Bill S4455A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Jun 24, 2011 committed to rules
May 18, 2011 amended on third reading 4455a
May 17, 2011 advanced to third reading
May 16, 2011 2nd report cal.
May 11, 2011 1st report cal.622
Apr 06, 2011 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

S4455 - Bill Details

See Assembly Version of this Bill:
A3420A
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
S7898, A11658

S4455 - Bill Texts

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

view sponsor memo
BILL NUMBER:S4455

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 a family member have a
physically disabling condition that affects mobility.

JUSTIFICATION:
On May 29, 2009 a fire at Carlton Manor, a public housing 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 condition 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

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
On the thirtieth day after becoming law.

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

                                  4455

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

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 BUILDING WHO LIVES ON A HIGHER FLOOR THAN THE
VACANT DWELLING UNIT, WHEN THE VACANT DWELLING UNIT IS THE SAME SIZE  OR
SMALLER  THAN  THE  UNIT  OCCUPIED  BY SUCH TENANT, AND WHO HAS OR HAS A
FAMILY MEMBER RESIDING WITH HIM OR HER, WHO HAS A  PHYSICALLY  DISABLING
CONDITION THAT AFFECTS MOBILITY.
  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.
                                                           LBD08113-01-1

Co-Sponsors

S4455A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3420A
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
S7898, A11658

S4455A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4455A

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
mobility. 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 housing 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 condition 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

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
On the thirtieth day after becoming law.

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

                                 4455--A
    Cal. No. 622

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.
                                                           LBD08113-03-1

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