senate Bill S1702

2013-2014 Legislative Session

Relates to veterans' eligibility for public housing

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

S1702 - Bill Details

Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd ยง156, Pub Hous L
Versions Introduced in 2011-2012 Legislative Session:
S5867

S1702 - Bill Texts

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Relates to veterans' eligibility for public housing; expands eligibility requirements to include veterans of the recent conflicts; requires granting of a preference for public housing to veterans or families of veterans who have a military service connected disability.

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BILL NUMBER:S1702

TITLE OF BILL:
An act
to amend the public housing law, in relation to veterans' eligibility
for public housing

PURPOSE OR GENERAL IDEA OF BILL:
The legislation amends the eligibility provisions of the public
housing law to expand eligibility to veterans, and their surviving
spouses, who served or are serving in United States Armed Forces from
September 14, 2001 to December 31, 2014. The legislation also
requires public housing authorities to grant preference to eligible
veterans or families of veterans who have a military service related
disability.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph 1 of paragraph b of
subdivision 1 of section 156 of the public housing law, as amended by
chapter 179 of the laws of 2006, by expanding the eligibility
requirements to veterans who served in the armed forces of the United
States for a period of at least six months between the fourteenth day
of September 2011 and the thirty-first day of December 2014.

Section 2 of the bill amends Section 156 of the public housing law by
adding a new subdivision 8 that will require public housing
authorities to grant a preference in the selection of tenants to
veterans or families of veterans who have a military service
connected disability provided that such veterans or families of
veterans otherwise qualify for occupancy in such an authority's
projects and provided that the authority has complied with the
provisions of section 960.206 of title 24 of the code of federal
regulations relating to such preferences.

Section 3 provides for this act to take effect on the 120 day after it
becomes law.

JUSTIFICATION:
Under current public housing law, veterans who served during the
period covered by the Viet Nam War (19611975) are afforded specific
eligibility into public housing projects at income levels slightly
higher than the income levels set for the general public. This
legislation will extend those eligibility provisions to veterans who
have served or are serving in the armed forces from September 14,
2001 through December 31, 2014 reflecting the period from the Joint
Resolution authorizing the use of force against those responsible for
the September 11th terrorist attacks through December 31, 2014 which
will hopefully coincide with the time that all United States armed
forces are no longer engaged in active combat duties.

This bill will also mandate that an admission preference be given to
veterans or families of veterans who have a military service
connected disability provided they are otherwise eligible for
admission as tenants to a public housing project. Currently, public
housing authorities are authorized under federal law to implement
various admission preferences including an admission preference for


veterans and veterans' families. However, many public housing
authorities, including the New York City Housing Authority (NYCHA),
have chosen not include such preferences in their agency plans that
must be submitted to the federal Department of Housing and Urban
Development (HUD) for approval.{1}

Given the incredible sacrifice, which is made by our military
personnel serving during a time of war, and which was made during
prior military conflicts, it seems more than appropriate that we
mandate and extend these specific eligibility provisions and
preferences to veterans and their families.

Men and women of the United States military have made, and continue to
willingly make, incredible personal sacrifices on behalf of this
country in terms of their own personal safety, the emotional and
financial well being of their families and their long-term futures.
During the present conflicts in Iraq and Afghanistan, many active
military personnel are currently serving their fourth, fifth and even
sixth tour of duty within the past several years. They face prolonged
periods away from their families and deal with daily anxiety about
their families' ability to cope with their absence on a financial as
well as personal level. Many soldiers serving are reservists who were
pulled from their families and established careers and must worry
daily about their family's financial stability and their own future.

Extension of the veterans' eligibility and preference provisions for
public housing will not take these soldiers out of harm's way, or
alleviate the suffering of those who served in prior conflicts, but
it will help to ease their concerns for their families' financial
futures. And just maybe this little bit of solace will help them
endure the difficulties that they face every day in their efforts to
protect us.

PRIOR LEGISLATIVE HISTORY:
2011-12, S.5867

FISCAL IMPLICATIONS FOR STATE AND VOCAL GOVERNMENTS:
To be determined.

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

FOOTNOTE
{1} However, NYCHA, for example, has recently established preferences for
victims of domestic violence and other categories including
"substandard housing, homelessness, high mat burden, working families
and those unable to work because of age or disability and residents
who live and/or work in the jurisdiction" among others in its PHA
Annual Plan for Fiscal Year 2011. (See
http://home2.nyc.gov/html/nycha/html/ahout/agencvplan.shiml)

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

                                  1702

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 veterans' eligi-
  bility for public housing

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

  Section  1.  Subparagraph 1 of paragraph b of subdivision 1 of section
156 of the public housing law, as amended by chapter 179 of the laws  of
2006, is amended to read as follows:
  (1)  have served in the armed forces of the United States for a period
of at least six months (or any shorter period which  terminated  due  to
death  or injury incurred in such service), provided some portion of the
period of service was between the twenty-eighth day of  February,  nine-
teen  hundred  sixty-one  to  the  seventh  day of May, nineteen hundred
seventy-five, OR BETWEEN THE FOURTEENTH DAY OF SEPTEMBER,  TWO  THOUSAND
ONE TO THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND FOURTEEN, and
  S  2. Section 156 of the public housing law is amended by adding a new
subdivision 8 to read as follows:
  8. AN AUTHORITY SHALL GRANT A PREFERENCE IN THE SELECTION  OF  TENANTS
TO  VETERANS  OR  FAMILIES  OF  VETERANS  WHO  HAVE  A  MILITARY SERVICE
CONNECTED DISABILITY PROVIDED THAT SUCH VETERANS OR FAMILIES OF VETERANS
OTHERWISE QUALIFY FOR OCCUPANCY IN  SUCH  AN  AUTHORITY'S  PROJECTS  AND
PROVIDED FURTHER THAT SUCH AUTHORITY HAS COMPLIED WITH THE PROVISIONS OF
SECTION  960.206 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS RELATING
TO SUCH PREFERENCES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03376-02-3

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