S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2764
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the public housing law, in relation  to  establishing  a
   centralized  statewide registry of accessible or adaptable housing for
   people with disabilities to be known as "Access-New York"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Access-New York Act".
   § 2. The public housing law is amended by adding a new section 14-a to
 read as follows:
   § 14-A. ADDITIONAL DUTIES IN RELATION TO "ACCESS-NEW YORK  ACT".    1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "ACCESSIBLE  UNIT"  MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
 WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE  COMMISSIONER
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   (B)  "ADAPTABLE  UNIT"  MEANS  A RESIDENTIAL UNIT IN A COVERED PREMISE
 WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE  COMMISSIONER
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   (C) "COVERED OWNER" MEANS AN OWNER, MANAGER, OPERATOR OR OTHER PRIVATE
 OR  PUBLIC  ENTITY  ENGAGED IN THE SALE OR RENTAL OF COVERED PREMISES IN
 THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO,  HOUSING  AUTHORI-
 TIES.
   (D)  "COVERED PREMISES" MEANS ANY PRIVATELY OR PUBLICLY OWNED BUILDING
 CONTAINING THREE OR MORE RESIDENTIAL DWELLING UNITS  WHICH  ARE  OFFERED
 FOR SALE OR RENT.
   (E)  "ACCESSIBLE  WEB  SITE" SHALL HAVE THE SAME MEANING AS DEFINED IN
 REQUIREMENTS OF SECTION FIVE HUNDRED EIGHT OF THE FEDERAL REHABILITATION
 ACT OF 1973, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06601-01-7
              

 A. 2764                             2
 
   2. (A) THE COMMISSIONER SHALL DEVELOP NO LATER THAN ONE YEAR AFTER THE
 EFFECTIVE DATE OF THIS SECTION AND MAINTAIN A STATEWIDE HOUSING REGISTRY
 CALLED "ACCESS-NEW YORK" TO CONSIST OF A DATABASE  TO  TRACK  ACCESSIBLE
 AND  ADAPTABLE  UNITS,  AND  TO  MAINTAIN INFORMATION ABOUT SUCH HOUSING
 AVAILABILITY.  THE  DATABASE  SHALL USE THE LATEST TECHNOLOGY, INCLUDING
 BUT NOT LIMITED TO, ACCESSIBLE WEB SITE TECHNOLOGY AND  TOLL-FREE  TELE-
 COMMUNICATIONS  SYSTEMS  THAT  INCLUDE A TOLL-FREE TELEPHONE NUMBER TO A
 LIVE OPERATOR AND A TOLL-FREE TTY LINE. THESE  TECHNOLOGIES  SHALL  MAKE
 AVAILABLE  ONGOING  ACCESSIBLE OR ADAPTABLE HOUSING INFORMATION TO DISA-
 BILITY AGENCIES, ADVOCACY ORGANIZATIONS AND PEOPLE WITH DISABILITIES.
   (B) THE COMMISSIONER SHALL ESTABLISH CRITERIA TO IDENTIFY AND CATEGOR-
 IZE RESIDENTIAL DWELLING UNITS  IN  COVERED  PREMISES  WHICH  UNITS  ARE
 OFFERED  FOR RENT OR SALE AND WHICH ARE ACCESSIBLE TO PERSONS WITH DISA-
 BILITIES OR WHICH ARE ADAPTABLE TO ACCOMMODATE  PERSONS  WITH  DISABILI-
 TIES.  SUCH    CRITERIA  SHALL BE BASED ON THE PROVISIONS OF SECTION ONE
 THOUSAND ONE HUNDRED SEVEN OF THE BUILDING CODE OF NEW  YORK  STATE  AND
 OTHER STANDARDS WHICH THE COMMISSIONER DEEMS RELEVANT.
   THE  CATEGORIES  ESTABLISHED  BY THE COMMISSIONER SHALL ENABLE PERSONS
 WITH DISABILITIES WHO ARE SEEKING ACCOMMODATIONS TO RENT OR PURCHASE  TO
 READILY  IDENTIFY  UNITS WHICH WILL ACCOMMODATE THEIR NEEDS AND SHALL BE
 DESIGNED TO ENABLE OWNERS TO EASILY IDENTIFY AND CATEGORIZE ALL ACCESSI-
 BLE AND ADAPTABLE UNITS.
   (C) THE ACCESS-NEW YORK DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) LOCATION OF EXISTING AND PROPOSED ACCESSIBLE OR ADAPTABLE  HOUSING
 UNITS;
   (II) RENT AND PURCHASE PRICE LEVELS;
   (III)  ACCESSIBLE  OR  ADAPTABLE  PROJECTS  RECEIVING  LOCAL, STATE OR
 FEDERAL GOVERNMENT ASSISTANCE;
   (IV) WHETHER OR NOT COVERED OWNER ACCEPTS SUBSIDIES SUCH  AS  "SECTION
 8",  PUBLIC ASSISTANCE AND/OR LOCAL, MUNICIPAL, STATE OR FEDERAL HOUSING
 SUBSIDIES;
   (V) NUMBER OF BEDROOMS;
   (VI) DEVELOPMENT AMENITIES;
   (VII) NEIGHBORHOOD FEATURES, INCLUDING WHETHER OR NOT SUCH UNIT IS  ON
 A LINE OF PUBLIC TRANSPORTATION;
   (VIII) YEAR OF CONSTRUCTION;
   (IX) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES TO ASSIST PERSONS WHO
 ARE DEAF, HARD OF HEARING, BLIND OR VISUALLY IMPAIRED;
   (X)  PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES, AS DETERMINED BY THE
 COMMISSIONER;
   (XI) VACANCY STATUS;
   (XII) WAITING LIST STATUS;
   (XIII) CONTACT INFORMATION, INCLUDING COVERED  OWNER'S  NAME,  MAILING
 ADDRESS,  PHONE  NUMBER,  FAX  NUMBER,  E-MAIL ADDRESS, WEB SITE AND TTY
 PHONE NUMBER IF AVAILABLE; AND
   (XIV) ANY OCCUPANCY RESTRICTIONS THAT APPLY TO THE UNIT.
   (D) THE COMMISSIONER SHALL PROVIDE  TECHNICAL  ASSISTANCE  TO  COVERED
 OWNERS  TO  ASSIST  IN  IDENTIFYING AND LISTING ACCESSIBLE AND ADAPTABLE
 UNITS.
   3. EVERY COVERED OWNER OF A COVERED PREMISES SHALL LIST ALL ACCESSIBLE
 UNITS AND ADAPTABLE UNITS ON THE ACCESS-NEW YORK REGISTRY IN  ACCORDANCE
 WITH A SCHEDULE ESTABLISHED BY THE COMMISSIONER BUT NO SOONER THAN SIXTY
 DAYS  AFTER THE REGISTRY IS OPERATIONAL AND THE COMMISSIONER PROMULGATES
 RULES AND REGULATIONS TO IMPLEMENT THE REGISTRY.    NOTWITHSTANDING  THE
 FOREGOING,  THE COMMISSIONER MAY REQUIRE THAT COVERED OWNERS OF PUBLICLY
 OWNED COVERED PREMISES INCLUDING BUT NOT LIMITED TO HOUSING  AUTHORITIES

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 LIST  ACCESSIBLE  AND  ADAPTABLE UNITS AT ANY TIME THAT THE COMMISSIONER
 DEEMS APPROPRIATE.
   THE  SCHEDULE  ESTABLISHED  BY  THE  COMMISSIONER  FOR  THE LISTING OF
 PRIVATELY OWNED ACCESSIBLE AND ADAPTABLE UNITS MAY PROVIDE  FOR  PHASING
 IN  OF THE REQUIREMENT BY BUILDING SIZE, GEOGRAPHIC AREA OR OTHER CRITE-
 RIA OVER A REASONABLE PERIOD OF TIME.
   4. ANY TENANT WHO OCCUPIES AN ACCESSIBLE UNIT  OR  AN  ADAPTABLE  UNIT
 SHALL  PROVIDE  AT LEAST THIRTY DAYS WRITTEN NOTICE TO THE COVERED OWNER
 OF HIS OR HER INTENT TO VACATE AND SIMULTANEOUSLY NOTIFY THE REGISTRY BY
 PHONE OR REGULAR MAIL. COVERED OWNERS SHALL NOTIFY THE REGISTRY  OF  ALL
 ACCESSIBLE  UNITS AND ADAPTABLE UNITS THAT ARE AVAILABLE FOR RENT WITHIN
 THREE BUSINESS DAYS OF THE TIME THE UNITS BECOME AVAILABLE.
   5. THE COMMISSIONER SHALL PROMULGATE A FORM  OF  NOTICE  THAT  ADVISES
 TENANTS  OF THEIR OBLIGATIONS UNDER THIS SECTION. THE COMMISSIONER SHALL
 MAKE SUCH FORMS READILY AVAILABLE  TO  COVERED  OWNERS.  COVERED  OWNERS
 SHALL  PROVIDE  A  COPY OF SUCH NOTICE TO THE TENANT OF EVERY ACCESSIBLE
 AND ADAPTABLE UNIT.
   6. THE COVERED OWNER SHALL COLLECT AND RETAIN THE CONTACT  INFORMATION
 OF  ANY  PARTY  WHO  SUBMITTED  A  WRITTEN APPLICATION FOR ACCESSIBLE OR
 ADAPTABLE UNITS FOR AT LEAST A TWELVE MONTH PERIOD.
   7. THE COMMISSIONER SHALL NOTIFY YEARLY ALL PUBLIC HOUSING AUTHORITIES
 AND OTHER PUBLIC ENTITIES RESPONSIBLE FOR  FUNDING  HOUSING  DEVELOPMENT
 PROJECTS  OF THE REQUIREMENTS OF THIS SECTION AND ADVISE THEM TO DISSEM-
 INATE THIS INFORMATION TO ALL DEVELOPERS AND MANAGERS TO WHICH THEY HAVE
 DISSEMINATED FUNDS. THE COMMISSIONER SHALL ALSO NOTIFY YEARLY ALL  INDE-
 PENDENT  LIVING  CENTERS  WITHIN  NEW  YORK STATE AND ALL NEW YORK STATE
 AGENCIES THAT SERVE PEOPLE WITH DISABILITIES OF THE REQUIREMENTS OF THIS
 SECTION AND ADVISE THEM TO MAKE AVAILABLE THIS INFORMATION TO INTERESTED
 PARTIES WITHIN THEIR SERVICE AREA.
   8. THE SECRETARY OF STATE SHALL NOTIFY YEARLY ALL LICENSED REAL ESTATE
 BROKERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION.   THE
 SECRETARY  OF  STATE  SHALL ALSO NOTIFY YEARLY ALL APPROPRIATE ENTITIES,
 INCLUDING, BUT NOT LIMITED TO,   LOCAL BOARDS  OF  REALTORS,  LANDLORD'S
 ASSOCIATIONS,  ORGANIZATIONS  REPRESENTING  CO-OPS  AND CONDOMINIUMS AND
 BUILDERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS  SECTION  AND
 ADVISE  THEM  TO DISSEMINATE THIS INFORMATION TO THEIR MEMBERS OR INTER-
 ESTED PARTIES.
   9. (A) A SPECIAL ADVISORY REVIEW PANEL SHALL BE ESTABLISHED TO  ASSIST
 THE  COMMISSIONER  IN FACILITATING THE DEVELOPMENT AND MANAGEMENT OF THE
 ACCESS-NEW YORK HOUSING REGISTRY.
   (B) THE SPECIAL ADVISORY REVIEW PANEL SHALL MEET AS NEEDED,  AT  LEAST
 TWICE  A  YEAR,  AND  SHALL CONSIST OF THREE REPRESENTATIVES FROM PUBLIC
 HOUSING AUTHORITIES WITHIN NEW YORK STATE, THREE ADVOCATES OF THE  DISA-
 BILITY COMMUNITY AND THREE REPRESENTATIVES OF THE PRODUCTION, MANAGEMENT
 OR  MARKETING  OF  RESIDENTIAL REAL ESTATE, ONE OF EACH APPOINTED BY THE
 GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
 SENATE; AND TWO TENANTS  WITH  DISABILITIES,  TWO  REPRESENTATIVES  FROM
 NEIGHBORHOOD  AND RURAL PRESERVATION COMPANIES, ONE OF EACH APPOINTED BY
 THE MINORITY LEADER OF THE ASSEMBLY  AND  THE  MINORITY  LEADER  OF  THE
 SENATE.
   (C)  ALL  MEMBERS  OF  THE  SPECIAL  ADVISORY  REVIEW  PANEL  SHALL BE
 APPOINTED NO LATER THAN THIRTY DAYS AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   (D) THE MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL SERVE WITH-
 OUT COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL
 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.

 A. 2764                             4
 
   (E)  THE  SPECIAL ADVISORY REVIEW PANEL MAY CONSULT WITH ANY ORGANIZA-
 TION, EDUCATIONAL INSTITUTION,  GOVERNMENTAL  AGENCY,  OR  EXPERT  IN  A
 RELATED  FIELD  TO  ACHIEVE  ITS  GOAL. SUCH GOVERNMENTAL AGENCIES SHALL
 PROVIDE SUCH COOPERATION AND  ASSISTANCE,  SERVICES  AND  DATA  AS  WILL
 ENABLE  THE  SPECIAL  ADVISORY  REVIEW  PANEL  TO PROPERLY CARRY OUT ITS
 DUTIES.
   (F) THE SPECIAL ADVISORY REVIEW PANEL SHALL  ISSUE  A  REPORT  TO  THE
 GOVERNOR,  THE  LEGISLATURE,  AND  INTERESTED ADVOCACY ORGANIZATIONS AND
 INDIVIDUALS ON ACCESS-NEW YORK, INCLUDING  RECOMMENDATIONS,  SIX  MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER.
   (G)  THE  SPECIAL  ADVISORY  REVIEW  PANEL SHALL PERFORM THE FOLLOWING
 DUTIES, INCLUDING, BUT NOT LIMITED TO:
   (I) DETERMINING WHETHER THERE IS SUFFICIENT PARTICIPATION  OF  COVERED
 OWNERS  IN  THE  HOUSING  REGISTRY  AND  MAKE  RECOMMENDATIONS REGARDING
 INCREASED PARTICIPATION;
   (II) DETERMINING WHETHER THE  PROCESS  FOR  PARTICIPATION  BY  COVERED
 OWNERS IN THE HOUSING REGISTRY BEST FACILITATES ACCURATE LISTINGS;
   (III)  CONSULTING  WITH  THE OPERATOR OF ACCESS-NEW YORK REGARDING THE
 REVIEW OF SCHEDULES FOR CONTACT WITH  COVERED  OWNERS,  VERIFICATION  OF
 LISTINGS AND ENTRY OF DATA TO ENSURE THE TIMELINESS OF LISTINGS;
   (IV) ADVISING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON STRATE-
 GIES  TO  MARKET  ACCESS-NEW  YORK  TO  ENSURE  MAXIMUM PARTICIPATION BY
 COVERED OWNERS;
   (V) ASSESSING THE IMPACT OF MARKETING STRATEGIES ON USE OF THE SITE BY
 PEOPLE WITH DISABILITIES AND THE ORGANIZATIONS THAT REPRESENT AND  SERVE
 THEM;
   (VI) EVALUATING THE ADEQUACY OF LISTING INFORMATION BY SURVEYING HOUS-
 ING REGISTRY USERS;
   (VII)  EXAMINING  THE  BENEFITS AND COSTS OF STRATEGIES FOR INCREASING
 PARTICIPATION IN THE HOUSING REGISTRY  AND  RELIANCE  UPON  THE  HOUSING
 REGISTRY BY USERS; AND
   (VIII) EXAMINING OTHER ISSUES AS APPROPRIATE.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this act on its effective date is authorized and directed to be made
 and completed on or before such effective date.