senate Bill S2453

2013-2014 Legislative Session

Provides for including uncles, aunts, nephews and nieces in the definition of "family member" in relation to regulations pertaining to rights of family members

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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 08, 2014 referred to housing, construction and community development
Jan 17, 2013 referred to housing, construction and community development

S2453 - Bill Details

See Assembly Version of this Bill:
A9414
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Amd ยง14, Pub Hous L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1300
2009-2010: S1346

S2453 - Bill Texts

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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.

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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
tenant in the housing accommodation as a primary residence who can
prove emotional and financial commitment, and interdependence between
such person and the tenant". However, unlike the others listed in the
"family member" definition these people have the added hurdle of
proving the emotional, financial and interdependence to the tenant.

This extra hurdle nieces, nephews, aunts and uncles face is costly and
burdensome. It is only right that these persons be included in the
"family member" definition.

LEGISLATIVE HISTORY: 1999-2000: S.6163 Died in Senate Housing,
Construction & Community Development Committee.
2001-2002: S.4476 Died in Senate Housing, Construction & Community
Development Committee.
2003-2004: S.2083 Died in Senate Housing, Construction & Community
Development
2005-2006: S.2574 Died in Senate Housing, Construction & Community
Development
2007-2008: S.2737 Died in Senate Housing Construction & Community
Development
2009: S.1346 (Duane), Died in Senate Development; A.2107 (Benjamin),
Died in Housing
2010: S.1346 (Duane), Died in Senate Development; A.2107 (Benjamin),
Died in Housing,

FISCAL IMPLICATIONS: None or negligible to the State.

EFFECTIVE DATE: This act shall take effect on the first day of
January next succeeding the date on which it shall become law.


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                    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

S. 2453                             2

  (D) engaging in family-type activities  by  jointly  attending  family
functions,  holidays  and  celebrations,  social and recreational activ-
ities, or such other factors as may be determined by regulation;
  (E) formalizing of legal obligations, intentions, and responsibilities
to  each  other  by  such  means as executing wills naming each other as
executor or beneficiary, conferring upon each other a power of  attorney
or  authority to make health care decisions each for the other, entering
into a personal relationship contract,  making  a  domestic  partnership
declaration, or serving as a representative payee for purposes of public
benefits, or such other factors as may be determined by regulation;
  (F)  holding themselves out as family members to other family members,
friends, members of the community or religious institutions, or  society
in general, through their words or actions;
  (G)  regularly  performing  family  functions, such as caring for each
other or each other's extended family  members,  or  relying  upon  each
other for daily family services;
  (H)  engaging  in  any  other pattern of behavior, agreement, or other
action which evidences the intention of creating a long-term, emotional-
ly-committed relationship.
  (ii) a "senior citizen" is defined as a person who is sixty-two  years
of age or older;
  (iii) a "disabled person" is defined as a person who has an impairment
which  results  from  anatomical,  physiological or psychological condi-
tions, other than addiction to  alcohol,  gambling,  or  any  controlled
substance,  which  are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques, and which are expected to be permanent
and which substantially limit one or more of such  person's  major  life
activities.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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