senate Bill S47A

2011-2012 Legislative Session

Provides that programs or activities relating to housing which receives federal financial assistance shall comply with Federal Rehabilitation Act of 1973

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Feb 17, 2011 print number 47a
amend and recommit to housing, construction and community development
Jan 05, 2011 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

S47 - Bill Details

Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add §223-c, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
S7800

S47 - Bill Texts

view summary

Provides that programs or activities relating to housing which receive federal financial assistance shall comply with Federal Rehabilitation Act of 1973.

view sponsor memo
BILL NUMBER:S47

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)
2010: S.7800 (Squadron)-Passed Senate, A.9757 (Bing)
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.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.

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

                                   47

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- 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 requiring any
  program or activity relating to housing which receives federal  finan-
  cial assistance to comply with the Federal Rehabilitation Act of 1973

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

  Section 1. The public housing law is amended by adding a  new  section
223-a to read as follows:
  S 223-A. NON-DISCRIMINATION UNDER PROJECTS RECEIVING FINANCIAL ASSIST-
ANCE.    1. FOR THE PURPOSE OF THIS SECTION THE TERMS "PROGRAM OR ACTIV-
ITY" AND "FEDERAL FINANCIAL ASSISTANCE" SHALL HAVE THE SAME  MEANING  AS
PROVIDED  IN THE FEDERAL REHABILITATION ACT OF 1973 AND ITS IMPLEMENTING
REGULATIONS.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  ANY  PROGRAM
OR ACTIVITY RELATING TO HOUSING WHICH RECEIVES FEDERAL FINANCIAL ASSIST-
ANCE  SHALL  COMPLY  WITH  THE  REQUIREMENTS  SET  FORTH IN SECTION FIVE
HUNDRED FOUR OF THE FEDERAL REHABILITATION ACT OF 1973 AS AMENDED.
  3. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ALL  OTHER  AGEN-
CIES,  AUTHORITIES,  AND  OTHER INSTRUMENTALITIES OF THE STATE AND LOCAL
GOVERNMENT WHICH DISTRIBUTE OR ADMINISTER FEDERAL  FINANCIAL  ASSISTANCE
SHALL  APPLY  AND  ENFORCE THE PROVISION OF THIS SECTION AND SHALL AMEND
ALL APPLICABLE RULES AND REGULATIONS ACCORDINGLY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00348-01-1

S47A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add §223-c, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
S7800

S47A (ACTIVE) - Bill Texts

view summary

Provides that programs or activities relating to housing which receive federal financial assistance shall comply with Federal Rehabilitation Act of 1973.

view sponsor memo
BILL NUMBER:S47A

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)
2010: - S.7800(Squadron) Passed Senate, A.9757 (Bing)

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. 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.

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

                                  47--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public housing law, in  relation  to  requiring  any
  program  or activity relating to housing which receives federal finan-
  cial assistance to comply with the Federal Rehabilitation Act of 1973

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

  Section  1.  The public housing law is amended by adding a new section
223-c to read as follows:
  S 223-C. NON-DISCRIMINATION UNDER PROJECTS RECEIVING FINANCIAL ASSIST-
ANCE.  1. FOR THE PURPOSE OF THIS SECTION THE TERMS "PROGRAM  OR  ACTIV-
ITY"  AND  "FEDERAL FINANCIAL ASSISTANCE" SHALL HAVE THE SAME MEANING AS
PROVIDED IN THE FEDERAL REHABILITATION ACT OF 1973 AND ITS  IMPLEMENTING
REGULATIONS.
  2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, ANY PROGRAM
OR ACTIVITY RELATING TO HOUSING WHICH RECEIVES FEDERAL FINANCIAL ASSIST-
ANCE SHALL COMPLY WITH  THE  REQUIREMENTS  SET  FORTH  IN  SECTION  FIVE
HUNDRED FOUR OF THE FEDERAL REHABILITATION ACT OF 1973 AS AMENDED.
  3.  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ALL OTHER AGEN-
CIES, AUTHORITIES, AND OTHER INSTRUMENTALITIES OF THE  STATE  AND  LOCAL
GOVERNMENT  WHICH  DISTRIBUTE OR ADMINISTER FEDERAL FINANCIAL ASSISTANCE
SHALL APPLY AND ENFORCE THE PROVISION OF THIS SECTION  AND  SHALL  AMEND
ALL APPLICABLE RULES AND REGULATIONS ACCORDINGLY.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and  directed  to
be made and completed on or before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00348-03-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.