Provides that elderly and long-time residents of public housing shall not be subject to transfers based on family composition.
TITLE OF BILL: An act to amend the public housing law, in relation to limiting the right of the New York city housing authority to transfer elderly and long-time residents from their housing accommodations
PURPOSE OR GENERAL IDEA OF BILL: This legislation would prevent transfer of those over 62 years of age and/or a resident of over twenty years of the same apartment from that apartment in any New York City public housing development.
SUMMARY OF SPECIFIC PROVISIONS: Section one of this legislation would nullify any lease provision of a resident with the New York City Housing Authority requiring transfer to an "appropriate size" apartment where the resident is over 62 years of age and/or has lived in the same apartment for over twenty years.
JUSTIFICATION: Leases signed by tenants entering or renewing occupancy in an apartment in a New York City Housing Authority development includes a provision allowing the Housing Authority to "transfer to appropriate size apartment" at the discretion of the Housing Authority. The most frequent use of this provision is moving residents from "under occupied" apartments, whereby they are deemed to have additional space which could be given to another or new tenant who would use all the space in the apartment.
Though transfers due to under-occupancy are a legitimate means of maximizing space in public housing, these transfers often involve senior citizens who have had their children and/or younger family members move out from the development, leaving unoccupied bedrooms In these cases, such transfers are extremely disruptive to the senior citizens who are long-term residents. The surrounding neighbors on the floor and in the building are a support system providing familiarity, security and safety; it is, in essence, a community for the senior citizens. An apartment transfer immediately removes all these benefits for the senior citizen and creates greater impediments to safe and comfortable living for the senior.
In balancing efficient use of public housing space against the maintenance of community and security, the latter should he the predominant consideration. This legislation seeks to limit the Housing Authority's ability to transfer these long-term and elderly residents and prevent the harm to a senior's living conditions that such transfers cause.
PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.
FISCAL IMPLICATIONS: None.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 478 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- 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 limiting the right of the New York city housing authority to transfer elderly and long-time residents from their housing accommodations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 402 of the public housing law, as added by chapter 970 of the laws of 1968, is amended to read as follows: 6. In addition to all other powers granted by this chapter, the New York city housing authority shall have the power to act as and be and become a "developer", as that term is defined in subdivision nine of section four hundred fifty-two of the education law, of a combined occu- pancy structure, as defined in subdivision five of section four hundred fifty-two of such law, which consists of a project, as defined in this chapter, as well as of school accommodations or other facilities of the board of education of the city of New York, and to be and become an "owner", as that term is defined in subdivision fifteen-a of section four hundred fifty-two of the education law, of the non-school portion, consisting of a project as defined in this chapter, of such combined occupancy structure; and to do all things necessary or convenient to carry out such powers, including (a) construction of such combined occu- pancy structure as a developer pursuant to the provisions of this chap- ter and article ten of the education law, and conveyance or lease of the school portion thereof, and (b) as an owner, making and entering into contracts for acquisition, lease, sublease or other agreements for or with respect to the non-school portion, consisting of a project as defined in this chapter, pursuant to the provisions of article ten of the education law, and acquiring the same by transfer or conveyance toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03481-01-3 S. 478 2
it of the fee title, or of possession under such lease, sublease or other agreement. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY RESIDENT LEASE AGREEMENT ENTERED INTO BY THE NEW YORK CITY HOUSING AUTHORITY, CONTAINING A "TRANSFER TO APPROPRIATE SIZE APARTMENT" PROVISION, OR SUCH PROVISION HAVING SUBSTANTIALLY THE SAME EFFECT, SHALL NOT APPLY WHERE A MEMBER OF THE HOUSEHOLD LAWFULLY OCCUPYING THE HOUSING ACCOMMODATION IS SIXTY-TWO YEARS OF AGE OR OLDER, OR HAS BEEN A TENANT IN THE HOUSING ACCOMMODATION IN THAT BUILDING FOR TWENTY YEARS OR MORE. S 2. This act shall take effect immediately.