Incorporates the percentages of housing reserved under federal law for persons with mobility impairments (5%) and sensory impairments (2%) into New York state rehabilitation and building codes.
STATE OF NEW YORK
________________________________________________________________________
3402
2013-2014 Regular Sessions
IN ASSEMBLY
January 25, 2013
___________
Introduced by M. of A. RABBITT, FINCH, McDONOUGH -- Multi-Sponsored by
-- M. of A. CROUCH, RAIA -- read once and referred to the Committee on
Housing
AN ACT to amend the executive law and the public housing law, in
relation to percentage of accessible units in all state funded reha-
bilitation and new multi-family housing construction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 372 of the executive law is amended by adding five
2 new subdivisions 20, 21, 22, 23 and 24 to read as follows:
3 20. "Accessible dwelling units" means dwelling units in group R-2 and
4 group R-3 occupancies that comply with section 1107 of the building code
5 of New York state and applicable portions of chapters one through nine
6 of the ICC/ANSI A117.1.
7 21. "Alteration" means any change in a building, dwelling, or facility
8 or its permanent fixtures or equipment including, but not limited to,
9 remodeling, renovation, rehabilitation, reconstruction, changes or rear-
10 rangements in structural parts and extraordinary repairs. Alterations
11 shall not include normal maintenance or repairs, reproofing, interior
12 decorating, or changes to mechanical systems.
13 22. "Multi-family housing" means a rehabilitation or new construction
14 project containing five or more dwelling units.
15 23. "Persons with mobility impairments" means a physiological disorder
16 or condition or anatomical loss affecting one or more of the following
17 body systems: neurological, musculoskeletal, respiratory or cardiovascu-
18 lar.
19 24. "Persons with sensory impairments" means a physiological disorder
20 or condition or anatomical loss affecting the special sense organs.
21 § 2. Subdivision 2 of section 377 of the executive law is amended by
22 adding a new paragraph f to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05427-01-3
A. 3402 2
1 f. include in the multi-family rehabilitation and new multi-family
2 housing construction developments requirements that no less than five
3 percent of such state funded developments shall be developed to ensure
4 access by persons with mobility impairments and that no less than two
5 percent of such housing developments be developed to ensure access for
6 persons with sensory impairments.
7 § 3. Section 3 of the public housing law is amended by adding five new
8 subdivisions 28, 29, 30, 31 and 32 to read as follows:
9 28. The term "accessible dwelling units" means dwelling units in group
10 R-2 and group R-3 occupancies that comply with section 1107 of the
11 building code of New York state and applicable portions of chapters one
12 through nine of the ICC/ANSI A117.1.
13 29. The term "alteration" means any change in a building, dwelling or
14 facility or its permanent fixtures or equipment including, but not
15 limited to, remodeling, renovation, rehabilitation, reconstruction,
16 changes or rearrangements in structural parts and extraordinary repairs.
17 Alterations shall not include normal maintenance or repairs, reproofing,
18 interior decorating, or changes to mechanical systems.
19 30. The term "multi-family housing" means a rehabilitation or new
20 construction project containing five or more dwelling units.
21 31. The term "persons with mobility impairments" means physiological
22 disorder or condition or anatomical loss affecting one or more of the
23 following body systems: neurological, musculoskeletal, respiratory or
24 cardiovascular.
25 32. The term "persons with sensory impairments" means a physiological
26 disorder or condition or anatomical loss affecting the special sense
27 organs.
28 § 4. Paragraph (w) of subdivision 1 of section 14 of the public hous-
29 ing law, as added by chapter 116 of the laws of 1997, is amended to read
30 as follows:
31 (w) enter into contracts, as an agent of the state, with private enti-
32 ties to encourage the development of new multi-family housing in munici-
33 palities found by the legislature to be suffering from a housing emer-
34 gency at the time of contracting. Such contracts shall include
35 commitments by such private entities to ensure access by persons with
36 mobility impairments in no less than five percent of such new multi-fa-
37 mily housing and to ensure access by persons with sensory impairments in
38 no less than two percent of such multi-family housing, and that such
39 units will be marketed to persons with mobility and sensory impairments,
40 as further provided in subdivision seven of this section. Such contracts
41 shall include a commitment by the state that any such new housing shall
42 remain exempt from rent control, rent stabilization and any other form
43 of rent regulation for a term of fifty years except where equivalent,
44 [co-terminus] coterminus and general controls of prices and wages are
45 imposed or where the owner or developer of such housing voluntarily
46 agrees to accept such regulation in consideration for tax or other
47 governmental benefits. Notwithstanding any other provision of law to the
48 contrary, an agreement by the developer to build new multi-family hous-
49 ing in an area suffering from a housing emergency shall be deemed good
50 and valid consideration for the foregoing commitment by the state.
51 § 5. Section 14 of the public housing law is amended by adding a new
52 subdivision 7 to read as follows:
53 7. (a) Notwithstanding any other law, rule or regulation to the
54 contrary, all public or private rehabilitation of multi-family housing
55 or new multi-family housing construction developments that receive state
56 funding or financing shall require, in exchange for such state funding
A. 3402 3
1 or financing, that such developers ensure access by persons with mobili-
2 ty impairments in no less than five percent of such housing units and to
3 ensure access by persons with sensory impairments in no less than two
4 percent of such housing units.
5 (b) Such developers, owners, managers, or any other person responsible
6 to market such housing units shall reserve and market the accessible
7 housing units to persons with mobility and sensory impairments.
8 (c) The commissioner shall promulgate rules and regulations to imple-
9 ment and enforce the provisions of paragraphs (a) and (b) of this subdi-
10 vision.
11 § 6. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law; provided, however, that effective immediate-
13 ly, the addition, amendment and/or repeal of any rule or regulation
14 necessary for the implementation of this act on its effective date are
15 authorized and directed to be made and completed on or before such
16 effective date.
