|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to housing, construction and community development|
|Jan 17, 2013||referred to housing, construction and community development|
senate Bill S2453
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2453 - Details
S2453 - Summary
Provides for including uncles, aunts, nephews, and nieces in the definition of "family member" in relation to regulations pertaining to rights of family members to succeed in certain cases to the rights of certain tenants.
S2453 - Sponsor Memo
BILL NUMBER:S2453 TITLE OF BILL: An act to amend the public housing law, in relation to the definition of "family member" SUMMARY OF PROVISIONS: This bill amends Paragraph (c) of subdivision 4 of section 14 of the public housing law to include uncles, aunts, nephews and nieces to the definition of "family member" for the purposes of tenant succession of rent protected housing. EXISTING LAW: Currently the law defines "family member" as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant. JUSTIFICATION: The traditional definition of "family" often does not reflect the dynamics and makeup of a modern family. It is common for nieces and/or nephews to live with aunts and/or uncles. However, these families run into problems when it comes to tenant succession rights since they are not included in the "family member" definition. The current law does provide for "any other person residing with the
S2453 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2453 2013-2014 Regular Sessions I N S E N A T E January 17, 2013 ___________ Introduced by Sen. HOYLMAN -- 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 the definition of "family member" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 4 of section 14 of the public housing law, as added by chapter 116 of the laws of 1997, is amended to read as follows: (c) that for the purposes of such regulations: (i) "family member" shall be defined as a husband, wife, son, daughter, stepson, stepdaught- er, father, mother, stepfather, stepmother, brother, sister, UNCLE, AUNT, NEPHEW, NIECE, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and finan- cial commitment, and interdependence between such person and the tenant. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include, without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered. (A) longevity of the relationship; (B) sharing of or relying upon each other for payment of household or family expenses, or other common necessities of life; (C) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, or such other factors as may be deter- mined by regulation; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04123-01-3
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