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S07331 Summary:

Add 14-a, Pub Hous L
Authorizes the commissioner of housing and community renewal to maintain a housing registry of accessible or adaptable housing for the disabled called "Access-New York"; provides that certain owners shall provide certain information in relation to "Access-New York"; establishes a special advisory review panel to assist the commissioner in performance of duties of "Access-New York".
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S07331 Memo:

Memo not available
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S07331 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                      May 19, 2023
        Introduced  by  Sen.  PARKER -- 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 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:
     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  the "Access-New York Act".
     3    § 2. The public housing law is amended by adding a new section 14-a to
     4  read as follows:
     5    §  14-a.  Additional  duties in relation to "Access-New York Act".  1.
     6  For purposes of this section, the following terms shall have the follow-
     7  ing meanings:
     8    (a) "Accessible unit" means a residential unit in  a  covered  premise
     9  which  meets the criteria established for such units by the commissioner
    10  pursuant to paragraph (b) of subdivision two of this section.
    11    (b) "Adaptable unit" means a residential unit  in  a  covered  premise
    12  which  meets the criteria established for such units by the commissioner
    13  pursuant to paragraph (b) of subdivision two of this section.
    14    (c) "Covered owner" means an owner, manager, operator or other private
    15  or public entity engaged in the sale or rental of  covered  premises  in
    16  the  state  of New York, including, but not limited to, housing authori-
    17  ties.
    18    (d) "Covered premises" means any privately or publicly owned  building
    19  containing  three  or  more residential dwelling units which are offered
    20  for sale or rent.
    21    (e) "Accessible web site" shall have the same meaning  as  defined  in
    22  requirements of section five hundred eight of the Federal Rehabilitation
    23  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.

        S. 7331                             2
     1    2. (a) The commissioner shall develop no later than one year after the
     2  effective date of this section and maintain a statewide housing registry
     3  called  "Access-New  York"  to consist of a database to track accessible
     4  and adaptable units, and to  maintain  information  about  such  housing
     5  availability.  The  database  shall use the latest technology, including
     6  but not limited to, accessible web site technology and  toll-free  tele-
     7  communications  systems  that  include a toll-free telephone number to a
     8  live operator and a toll-free TTY line. These  technologies  shall  make
     9  available  ongoing  accessible or adaptable housing information to disa-
    10  bility agencies, advocacy organizations and people with disabilities.
    11    (b) The commissioner shall establish criteria to identify and categor-
    12  ize residential dwelling units  in  covered  premises  which  units  are
    13  offered  for rent or sale and which are accessible to persons with disa-
    14  bilities or which are adaptable to accommodate  persons  with  disabili-
    15  ties.  Such    criteria  shall be based on the provisions of section one
    16  thousand one hundred seven of the building code of New  York  state  and
    17  other standards which the commissioner deems relevant.
    18    The  categories  established  by the commissioner shall enable persons
    19  with disabilities who are seeking accommodations to rent or purchase  to
    20  readily  identify  units which will accommodate their needs and shall be
    21  designed to enable owners to easily identify and categorize all accessi-
    22  ble and adaptable units.
    23    (c) The Access-New York database shall include, but not be limited to:
    24    (i) location of existing and proposed accessible or adaptable  housing
    25  units;
    26    (ii) rent and purchase price levels;
    27    (iii)  accessible  or  adaptable  projects  receiving  local, state or
    28  federal government assistance;
    29    (iv) whether or not covered owner accepts subsidies such  as  "Section
    30  8",  public assistance and/or local, municipal, state or federal housing
    31  subsidies;
    32    (v) number of bedrooms;
    33    (vi) development amenities;
    34    (vii) neighborhood features, including whether or not such unit is  on
    35  a line of public transportation;
    36    (viii) year of construction;
    37    (ix) particular accessible or adaptable features to assist persons who
    38  are deaf, hard of hearing, blind or visually impaired;
    39    (x)  particular accessible or adaptable features, as determined by the
    40  commissioner;
    41    (xi) vacancy status;
    42    (xii) waiting list status;
    43    (xiii) contact information, including covered  owner's  name,  mailing
    44  address,  phone  number,  fax  number,  e-mail address, web site and TTY
    45  phone number if available; and
    46    (xiv) any occupancy restrictions that apply to the unit.
    47    (d) The commissioner shall provide  technical  assistance  to  covered
    48  owners  to  assist  in  identifying and listing accessible and adaptable
    49  units.
    50    3. Every covered owner of a covered premises shall list all accessible
    51  units and adaptable units on the Access-New York registry in  accordance
    52  with a schedule established by the commissioner but no sooner than sixty
    53  days  after the registry is operational and the commissioner promulgates
    54  rules and regulations to implement the registry.    Notwithstanding  the
    55  foregoing,  the commissioner may require that covered owners of publicly
    56  owned covered premises including but not limited to housing  authorities

        S. 7331                             3
     1  list  accessible  and  adaptable units at any time that the commissioner
     2  deems appropriate.
     3    The  schedule  established  by  the  commissioner  for  the listing of
     4  privately owned accessible and adaptable units may provide  for  phasing
     5  in  of the requirement by building size, geographic area or other crite-
     6  ria over a reasonable period of time.
     7    4. Any tenant who occupies an accessible unit  or  an  adaptable  unit
     8  shall  provide  at least thirty days written notice to the covered owner
     9  of his or her intent to vacate and simultaneously notify the registry by
    10  phone or regular mail. Covered owners shall notify the registry  of  all
    11  accessible  units and adaptable units that are available for rent within
    12  three business days of the time the units become available.
    13    5. The commissioner shall promulgate a form  of  notice  that  advises
    14  tenants  of their obligations under this section. The commissioner shall
    15  make such forms readily available  to  covered  owners.  Covered  owners
    16  shall  provide  a  copy of such notice to the tenant of every accessible
    17  and adaptable unit.
    18    6. The covered owner shall collect and retain the contact  information
    19  of  any  party  who  submitted  a  written application for accessible or
    20  adaptable units for at least a twelve month period.
    21    7. The commissioner shall notify yearly all public housing authorities
    22  and other public entities responsible for  funding  housing  development
    23  projects  of the requirements of this section and advise them to dissem-
    24  inate this information to all developers and managers to which they have
    25  disseminated funds. The commissioner shall also notify yearly all  inde-
    26  pendent  living  centers  within  New  York state and all New York state
    27  agencies that serve people with disabilities of the requirements of this
    28  section and advise them to make available this information to interested
    29  parties within their service area.
    30    8. The secretary of state shall notify yearly all licensed real estate
    31  brokers within New York state of the requirements of this section.   The
    32  secretary  of  state  shall also notify yearly all appropriate entities,
    33  including, but not limited to,   local boards  of  realtors,  landlord's
    34  associations,  organizations  representing  co-ops  and condominiums and
    35  builders within New York state of the requirements of this  section  and
    36  advise  them  to disseminate this information to their members or inter-
    37  ested parties.
    38    9. (a) A special advisory review panel shall be established to  assist
    39  the  commissioner  in facilitating the development and management of the
    40  Access-New York housing registry.
    41    (b) The special advisory review panel shall meet as needed,  at  least
    42  twice  a  year,  and  shall consist of three representatives from public
    43  housing authorities within New York state, three advocates of the  disa-
    44  bility community and three representatives of the production, management
    45  or  marketing  of  residential real estate, one of each appointed by the
    46  governor, the speaker of the assembly and the temporary president of the
    47  senate; and two tenants  with  disabilities,  two  representatives  from
    48  neighborhood  and rural preservation companies, one of each appointed by
    49  the minority leader of the assembly  and  the  minority  leader  of  the
    50  senate.
    51    (c)  All  members  of  the  special  advisory  review  panel  shall be
    52  appointed no later than thirty days after the  effective  date  of  this
    53  section.
    54    (d) The members of the special advisory review panel shall serve with-
    55  out compensation, but shall be reimbursed for their necessary and actual
    56  expenses incurred in the performance of their duties.

        S. 7331                             4
     1    (e)  The  special advisory review panel may consult with any organiza-
     2  tion, educational institution,  governmental  agency,  or  expert  in  a
     3  related  field  to  achieve  its  goal. Such governmental agencies shall
     4  provide such cooperation and  assistance,  services  and  data  as  will
     5  enable  the  special  advisory  review  panel  to properly carry out its
     6  duties.
     7    (f) The special advisory review panel shall  issue  a  report  to  the
     8  governor,  the  legislature,  and  interested advocacy organizations and
     9  individuals on Access-New York, including  recommendations,  six  months
    10  after the effective date of this section and annually thereafter.
    11    (g)  The  special  advisory  review  panel shall perform the following
    12  duties, including, but not limited to:
    13    (i) determining whether there is sufficient participation  of  covered
    14  owners  in  the  housing  registry  and  make  recommendations regarding
    15  increased participation;
    16    (ii) determining whether the  process  for  participation  by  covered
    17  owners in the housing registry best facilitates accurate listings;
    18    (iii)  consulting  with  the operator of Access-New York regarding the
    19  review of schedules for contact with  covered  owners,  verification  of
    20  listings and entry of data to ensure the timeliness of listings;
    21    (iv) advising the division of housing and community renewal on strate-
    22  gies  to  market  Access-New  York  to  ensure  maximum participation by
    23  covered owners;
    24    (v) assessing the impact of marketing strategies on use of the site by
    25  people with disabilities and the organizations that represent and  serve
    26  them;
    27    (vi) evaluating the adequacy of listing information by surveying hous-
    28  ing registry users;
    29    (vii)  examining  the  benefits and costs of strategies for increasing
    30  participation in the housing registry  and  reliance  upon  the  housing
    31  registry by users; and
    32    (viii) examining other issues as appropriate.
    33    §  3.  This  act  shall take effect on the sixtieth day after it shall
    34  have become a law.    Effective  immediately,  the  addition,  amendment
    35  and/or repeal of any rule or regulation necessary for the implementation
    36  of  this  act  on  its  effective  date  are  authorized  to be made and
    37  completed on or before such effective date.
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