Bill S2453-2013

Provides for including uncles, aunts, nephews and nieces in the definition of "family member" in relation to regulations pertaining to rights of family members

Provides for including uncles, aunts, nephews, and nieces in the definition of "family member" in relation to regulations pertaining to rights of family members to succeed in certain cases to the rights of certain tenants.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 17, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S2453

TITLE OF BILL: An act to amend the public housing law, in relation to the definition of "family member"

SUMMARY OF PROVISIONS: This bill amends Paragraph (c) of subdivision 4 of section 14 of the public housing law to include uncles, aunts, nephews and nieces to the definition of "family member" for the purposes of tenant succession of rent protected housing.

EXISTING LAW: Currently the law defines "family member" as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant.

JUSTIFICATION: The traditional definition of "family" often does not reflect the dynamics and makeup of a modern family. It is common for nieces and/or nephews to live with aunts and/or uncles. However, these families run into problems when it comes to tenant succession rights since they are not included in the "family member" definition.

The current law does provide for "any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and financial commitment, and interdependence between such person and the tenant". However, unlike the others listed in the "family member" definition these people have the added hurdle of proving the emotional, financial and interdependence to the tenant.

This extra hurdle nieces, nephews, aunts and uncles face is costly and burdensome. It is only right that these persons be included in the "family member" definition.

LEGISLATIVE HISTORY: 1999-2000: S.6163 Died in Senate Housing, Construction & Community Development Committee. 2001-2002: S.4476 Died in Senate Housing, Construction & Community Development Committee. 2003-2004: S.2083 Died in Senate Housing, Construction & Community Development 2005-2006: S.2574 Died in Senate Housing, Construction & Community Development 2007-2008: S.2737 Died in Senate Housing Construction & Community Development 2009: S.1346 (Duane), Died in Senate Development; A.2107 (Benjamin), Died in Housing 2010: S.1346 (Duane), Died in Senate Development; A.2107 (Benjamin), Died in Housing,

FISCAL IMPLICATIONS: None or negligible to the State.

EFFECTIVE DATE: This act shall take effect on the first day of January next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2453 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sen. HOYLMAN -- 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 the definition of "family member" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 4 of section 14 of the public housing law, as added by chapter 116 of the laws of 1997, is amended to read as follows: (c) that for the purposes of such regulations: (i) "family member" shall be defined as a husband, wife, son, daughter, stepson, stepdaught- er, father, mother, stepfather, stepmother, brother, sister, UNCLE, AUNT, NEPHEW, NIECE, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant; or any other person residing with the tenant in the housing accommodation as a primary residence who can prove emotional and finan- cial commitment, and interdependence between such person and the tenant. Although no single factor shall be solely determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed, may include, without limitation, such factors as listed below. In no event would evidence of a sexual relationship between such persons be required or considered. (A) longevity of the relationship; (B) sharing of or relying upon each other for payment of household or family expenses, or other common necessities of life; (C) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, or such other factors as may be deter- mined by regulation;
(D) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activ- ities, or such other factors as may be determined by regulation; (E) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor or beneficiary, conferring upon each other a power of attorney or authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, or such other factors as may be determined by regulation; (F) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions; (G) regularly performing family functions, such as caring for each other or each other's extended family members, or relying upon each other for daily family services; (H) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotional- ly-committed relationship. (ii) a "senior citizen" is defined as a person who is sixty-two years of age or older; (iii) a "disabled person" is defined as a person who has an impairment which results from anatomical, physiological or psychological condi- tions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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