senate Bill S478

2013-2014 Legislative Session

Provides that elderly and long-time residents of public housing shall not be subject to transfers based on family composition

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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 09, 2013 referred to housing, construction and community development

S478 - Bill Details

See Assembly Version of this Bill:
A2504
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Amd ยง402, Pub Hous L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4972, S6605, A9082
2009-2010: A4507

S478 - Bill Texts

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Provides that elderly and long-time residents of public housing shall not be subject to transfers based on family composition.

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BILL NUMBER:S478

TITLE OF BILL:
An act
to amend the public housing law, in relation to limiting the right of
the New York city housing authority to transfer elderly and long-time
residents from their housing accommodations

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prevent transfer of those over 62 years of age
and/or a resident of over twenty years of the same apartment from
that apartment in any New York City public housing development.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of this legislation would nullify any lease provision of a
resident with the New York City Housing Authority requiring transfer
to an "appropriate size" apartment where the resident is over 62
years of age and/or has lived in the same apartment for over twenty
years.

JUSTIFICATION:
Leases signed by tenants entering or renewing occupancy in an
apartment in a New York City Housing Authority development includes a
provision allowing the Housing Authority to "transfer to appropriate
size apartment" at the discretion of the Housing Authority. The most
frequent use of this provision is moving residents from "under
occupied" apartments, whereby they are deemed to have additional
space which could be given to another or new tenant who would use all
the space in the apartment.

Though transfers due to under-occupancy are a legitimate means of
maximizing space in public housing, these transfers often involve
senior citizens who have had their children and/or younger family
members move out from the development, leaving unoccupied bedrooms
In these cases, such transfers are extremely disruptive to the
senior citizens who are long-term residents. The surrounding
neighbors on the floor and in the building are a support system
providing familiarity, security and safety; it is, in essence, a
community for the senior citizens. An apartment transfer immediately
removes all these benefits for the senior citizen and creates greater
impediments to safe and comfortable living for the senior.

In balancing efficient use of public housing space against the
maintenance of community and security, the latter should he the
predominant consideration. This legislation seeks to limit the
Housing Authority's ability to transfer these long-term and elderly
residents and prevent the harm to a senior's living conditions that
such transfers cause.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                   478

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 limiting the
  right of the New York city housing authority to transfer  elderly  and
  long-time residents from their housing accommodations

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

  Section 1. Subdivision 6 of section 402 of the public housing law,  as
added by chapter 970 of the laws of 1968, is amended to read as follows:
  6.  In  addition  to all other powers granted by this chapter, the New
York city housing authority shall have the power to act as  and  be  and
become  a  "developer",  as  that term is defined in subdivision nine of
section four hundred fifty-two of the education law, of a combined occu-
pancy structure, as defined in subdivision five of section four  hundred
fifty-two  of  such law, which consists of a project, as defined in this
chapter, as well as of school accommodations or other facilities of  the
board  of  education  of  the  city of New York, and to be and become an
"owner", as that term is defined in  subdivision  fifteen-a  of  section
four  hundred fifty-two of the education law, of the non-school portion,
consisting of a project as defined in this  chapter,  of  such  combined
occupancy  structure;  and  to  do all things necessary or convenient to
carry out such powers, including (a) construction of such combined occu-
pancy structure as a developer pursuant to the provisions of this  chap-
ter and article ten of the education law, and conveyance or lease of the
school  portion  thereof,  and (b) as an owner, making and entering into
contracts for acquisition, lease, sublease or other  agreements  for  or
with  respect  to  the  non-school  portion,  consisting of a project as
defined in this chapter, pursuant to the provisions of  article  ten  of
the  education  law, and acquiring the same by transfer or conveyance to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03481-01-3

S. 478                              2

it of the fee title, or of possession  under  such  lease,  sublease  or
other agreement.
  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ANY RESIDENT LEASE AGREEMENT
ENTERED INTO BY THE  NEW  YORK  CITY  HOUSING  AUTHORITY,  CONTAINING  A
"TRANSFER  TO  APPROPRIATE  SIZE APARTMENT" PROVISION, OR SUCH PROVISION
HAVING SUBSTANTIALLY THE SAME EFFECT, SHALL NOT APPLY WHERE A MEMBER  OF
THE  HOUSEHOLD LAWFULLY OCCUPYING THE HOUSING ACCOMMODATION IS SIXTY-TWO
YEARS OF AGE OR OLDER, OR HAS BEEN A TENANT IN THE HOUSING ACCOMMODATION
IN THAT BUILDING FOR TWENTY YEARS OR MORE.
  S 2. This act shall take effect immediately.

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