Amd §402, Pub Hous L (as proposed in S. 2720 and A. 4818)
Grants 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.
STATE OF NEW YORK
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8994
IN ASSEMBLY
January 9, 2018
___________
Introduced by M. of A. TITUS -- read once and referred to the Committee
on Housing
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:
1 Section 1. Subdivision 10 of section 402 of the public housing law, as
2 added by a chapter of the laws of 2017, amending the public housing law
3 relating to granting tenants, with a physically disabling condition that
4 affects their mobility, a preference in occupying a vacant dwelling unit
5 on a lower floor in the same building in projects operated by the New
6 York city housing authority, as proposed in legislative bills numbers
7 S.2720 and A.4818, is amended to read as follows:
8 10. Notwithstanding any other provision of law to the contrary, upon
9 the vacancy of a dwelling unit in any project operated by the authority,
10 such vacant dwelling unit on a lower floor shall first be made available
11 for occupancy to [any tenant within the same project who lives on a
12 higher floor than the vacant dwelling unit, provided, however, the
13 vacant dwelling unit must be the same size or smaller than the unit
14 occupied by such tenant, and the tenant or any other legal occupant
15 currently residing with the tenant has a disability, as defined by
16 subdivision twenty-one of section two hundred ninety-two of the execu-
17 tive law, that affects mobility. If two or more tenants are eligible
18 for such vacant apartment, preference shall be given to the individual
19 that has resided in the project for the longest period of time.] a
20 current New York city housing authority household, containing an author-
21 ized member of the household with a disability, as defined by subdivi-
22 sion twenty-one of section two hundred ninety-two of the executive law,
23 that affects mobility and based on either the tenant's preference to
24 move to a first-or-second-floor unit and to remain within their project
25 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
A. 8994 2
1 authority's transfer waiting list; or to provide reasonable accommo-
2 dation to a current New York city housing authority household, contain-
3 ing an authorized member of the household with a disability, as defined
4 by subdivision twenty-one of section two hundred ninety-two of the exec-
5 utive law, that affects mobility to transfer to a lower floor within
6 their project or to a lower floor elsewhere, if the request is supported
7 by medical documentation, and based on the tenant's position on the
8 authority's transfer waiting list. The New York city housing authority
9 may give higher preference to individuals requiring an emergency trans-
10 fer because their units have become uninhabitable.
11 § 2. This act shall take effect on the same date and in the same
12 manner as a chapter of the laws of 2017, amending the public housing law
13 relating to granting tenants, with a physically disabling condition that
14 affects their mobility, a preference in occupying a vacant dwelling unit
15 on a lower floor in the same building in projects operated by the New
16 York city housing authority, as proposed in legislative bills numbers
17 S.2720 and A.4818, takes effect.
