Directs New York city housing authority to first offer vacant apartments to mobility impaired tenants living on a higher floor.

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S4455A-2011 Actions

• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jun 24, 2011: COMMITTED TO RULES
• May 18, 2011: AMENDED ON THIRD READING 4455A
• May 17, 2011: ADVANCED TO THIRD READING
• May 16, 2011: 2ND REPORT CAL.
• May 11, 2011: 1ST REPORT CAL.622
• Apr 6, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S4455A-2011 Calendars

Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S4455A-2011 Votes

S4455A-2011 Memo

BILL NUMBER:S4455A

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.

S4455A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4455--A
      Cal. No. 622

                         2011-2012 Regular Sessions

                              I N  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