S T A T E O F N E W Y O R K
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2184
2013-2014 Regular Sessions
I N S E N A T E
January 14, 2013
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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