S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7286
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 or in a different project operated by the New York  city  housing
   authority, based on the tenant's choice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 402 of the public housing law, as
 added by a chapter of the laws of 2017, amending the public housing  law
 relating 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, as proposed in  legislative  bills  numbers
 S.2720 and A.4818, is amended 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 ON A LOWER FLOOR 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 execu-
 tive 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.]  A
 CURRENT NEW YORK CITY HOUSING AUTHORITY HOUSEHOLD, CONTAINING AN AUTHOR-
 IZED  MEMBER  OF THE HOUSEHOLD WITH A DISABILITY, AS DEFINED BY SUBDIVI-
 SION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE  LAW,
 THAT  AFFECTS  MOBILITY  AND  BASED ON EITHER THE TENANT'S PREFERENCE TO
 MOVE TO A FIRST-OR-SECOND-FLOOR UNIT AND TO REMAIN WITHIN THEIR  PROJECT
 OR  TO  TRANSFER  ELSEWHERE,  AND  BASED ON THE TENANT'S POSITION ON THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00692-03-7

 S. 7286                             2
 
 AUTHORITY'S TRANSFER WAITING LIST; OR  TO  PROVIDE  REASONABLE  ACCOMMO-
 DATION  TO A CURRENT NEW YORK CITY HOUSING AUTHORITY HOUSEHOLD, CONTAIN-
 ING AN AUTHORIZED MEMBER OF THE HOUSEHOLD WITH A DISABILITY, AS  DEFINED
 BY SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXEC-
 UTIVE  LAW,  THAT  AFFECTS  MOBILITY TO TRANSFER TO A LOWER FLOOR WITHIN
 THEIR PROJECT OR TO A LOWER FLOOR ELSEWHERE, IF THE REQUEST IS SUPPORTED
 BY MEDICAL DOCUMENTATION, AND BASED ON  THE  TENANT'S  POSITION  ON  THE
 AUTHORITY'S  TRANSFER  WAITING LIST. THE NEW YORK CITY HOUSING AUTHORITY
 MAY GIVE HIGHER PREFERENCE TO INDIVIDUALS REQUIRING AN EMERGENCY  TRANS-
 FER BECAUSE THEIR UNITS HAVE BECOME UNINHABITABLE.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2017, amending the public housing law
 relating 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, as proposed in legislative bills numbers
 S.2720 and A.4818, takes effect.