Directs New York city housing authority to first offer vacant apartments to mobility impaired tenants living on a higher floor.
TITLE OF BILL: 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 building in projects operated by the New York city housing authority
PURPOSE: Allows current mobility impaired tenants in NYCHA housing to move to a lower floor if a unit becomes available.
SUMMARY OF PROVISIONS: Amends Section 402 of the public housing law by adding a new subdivision 10 that gives preference to current tenants upon a vacancy in their project to move to a lower floor if the vacant unit is the same size or smaller, and they or any other legal occupant residing with the tenant have a disabling condition that affects mobility. If more the one individual would qualify to move, preference would be given to the tenant that has lived in the project the longest.
JUSTIFICATION: On May 29, 2009 a fire at Carlton Manor, a public housing project in Far Rockaway, resulted in the death of a woman who lived with and cared for her daughter who was confined to a wheelchair. The fire began in their apartment which was on the tenth floor. This death highlighted the concern of public housing residents who live in higher floors of public housing projects and have a physically disabling condition that affects mobility, to be given preference to move to a lower floor if a vacancy dwelling unit becomes available.
People with mobility impairments should be located as close to the ground floor as possible. This bill only impacts public housing projects owned and managed by the New York City Housing Authority.
LEGISLATIVE HISTORY: S.7898 of 2010: Passed Senate
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: On the thirtieth day after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 4455--A Cal. No. 622 2011-2012 Regular Sessions IN SENATE April 6, 2011 ___________Introduced by Sen. SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 building in projects operated by the New York city housing authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 402 of the public housing law is amended by adding a new subdivision 10 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 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 EXECUTIVE 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. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08113-03-1