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

                                  1358

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. RABBITT, ERRIGO, CALHOUN, QUINN, FINCH, McDO-
  NOUGH, WALKER -- Multi-Sponsored by -- M. of A. CROUCH, RAIA, TOWNSEND
  -- read once and referred to the Committee on Housing

AN ACT to amend the  executive  law  and  the  public  housing  law,  in
  relation  to  percentage of accessible units in all state funded reha-
  bilitation and new multi-family housing construction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 372 of the executive law is amended by adding five
new subdivisions 20, 21, 22, 23 and 24 to read as follows:
  20. "ACCESSIBLE DWELLING UNITS" MEANS DWELLING UNITS IN GROUP R-2  AND
GROUP R-3 OCCUPANCIES THAT COMPLY WITH SECTION 1107 OF THE BUILDING CODE
OF  NEW  YORK STATE AND APPLICABLE PORTIONS OF CHAPTERS ONE THROUGH NINE
OF THE ICC/ANSI A117.1.
  21. "ALTERATION" MEANS ANY CHANGE IN A BUILDING, DWELLING, OR FACILITY
OR ITS PERMANENT FIXTURES OR EQUIPMENT INCLUDING, BUT  NOT  LIMITED  TO,
REMODELING, RENOVATION, REHABILITATION, RECONSTRUCTION, CHANGES OR REAR-
RANGEMENTS  IN  STRUCTURAL PARTS AND EXTRAORDINARY REPAIRS.  ALTERATIONS
SHALL NOT INCLUDE NORMAL MAINTENANCE OR  REPAIRS,  REPROOFING,  INTERIOR
DECORATING, OR CHANGES TO MECHANICAL SYSTEMS.
  22.  "MULTI-FAMILY HOUSING" MEANS A REHABILITATION OR NEW CONSTRUCTION
PROJECT CONTAINING FIVE OR MORE DWELLING UNITS.
  23. "PERSONS WITH MOBILITY IMPAIRMENTS" MEANS A PHYSIOLOGICAL DISORDER
OR CONDITION OR ANATOMICAL LOSS AFFECTING ONE OR MORE OF  THE  FOLLOWING
BODY SYSTEMS: NEUROLOGICAL, MUSCULOSKELETAL, RESPIRATORY OR CARDIOVASCU-
LAR.
  24.  "PERSONS WITH SENSORY IMPAIRMENTS" MEANS A PHYSIOLOGICAL DISORDER
OR CONDITION OR ANATOMICAL LOSS AFFECTING THE SPECIAL SENSE ORGANS.
  S 2. Subdivision 2 of section 377 of the executive law is  amended  by
adding a new paragraph f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04086-01-9

A. 1358                             2

  F.  INCLUDE  IN  THE  MULTI-FAMILY REHABILITATION AND NEW MULTI-FAMILY
HOUSING CONSTRUCTION DEVELOPMENTS REQUIREMENTS THAT NO  LESS  THAN  FIVE
PERCENT  OF  SUCH STATE FUNDED DEVELOPMENTS SHALL BE DEVELOPED TO ENSURE
ACCESS BY PERSONS WITH MOBILITY IMPAIRMENTS AND THAT NO  LESS  THAN  TWO
PERCENT  OF  SUCH HOUSING DEVELOPMENTS BE DEVELOPED TO ENSURE ACCESS FOR
PERSONS WITH SENSORY IMPAIRMENTS.
  S 3. Section 3 of the public housing law is amended by adding five new
subdivisions 28, 29, 30, 31 and 32 to read as follows:
  28. THE TERM "ACCESSIBLE DWELLING UNITS" MEANS DWELLING UNITS IN GROUP
R-2 AND GROUP R-3 OCCUPANCIES THAT  COMPLY  WITH  SECTION  1107  OF  THE
BUILDING  CODE OF NEW YORK STATE AND APPLICABLE PORTIONS OF CHAPTERS ONE
THROUGH NINE OF THE ICC/ANSI A117.1.
  29. THE TERM "ALTERATION" MEANS ANY CHANGE IN A BUILDING, DWELLING  OR
FACILITY  OR  ITS  PERMANENT  FIXTURES  OR  EQUIPMENT INCLUDING, BUT NOT
LIMITED  TO,  REMODELING,  RENOVATION,  REHABILITATION,  RECONSTRUCTION,
CHANGES OR REARRANGEMENTS IN STRUCTURAL PARTS AND EXTRAORDINARY REPAIRS.
ALTERATIONS SHALL NOT INCLUDE NORMAL MAINTENANCE OR REPAIRS, REPROOFING,
INTERIOR DECORATING, OR CHANGES TO MECHANICAL SYSTEMS.
  30.  THE  TERM  "MULTI-FAMILY  HOUSING"  MEANS A REHABILITATION OR NEW
CONSTRUCTION PROJECT CONTAINING FIVE OR MORE DWELLING UNITS.
  31. THE TERM "PERSONS WITH MOBILITY IMPAIRMENTS"  MEANS  PHYSIOLOGICAL
DISORDER  OR  CONDITION  OR ANATOMICAL LOSS AFFECTING ONE OR MORE OF THE
FOLLOWING BODY SYSTEMS: NEUROLOGICAL,  MUSCULOSKELETAL,  RESPIRATORY  OR
CARDIOVASCULAR.
  32.  THE TERM "PERSONS WITH SENSORY IMPAIRMENTS" MEANS A PHYSIOLOGICAL
DISORDER  OR  CONDITION  OR  ANATOMICAL LOSS AFFECTING THE SPECIAL SENSE
ORGANS.
  S 4. Paragraph (w) of subdivision 1 of section 14 of the public  hous-
ing law, as added by chapter 116 of the laws of 1997, is amended to read
as follows:
  (w) enter into contracts, as an agent of the state, with private enti-
ties to encourage the development of new multi-family housing in munici-
palities  found  by the legislature to be suffering from a housing emer-
gency  at  the  time  of  contracting.  SUCH  CONTRACTS  SHALL   INCLUDE
COMMITMENTS  BY  SUCH  PRIVATE ENTITIES TO ENSURE ACCESS BY PERSONS WITH
MOBILITY IMPAIRMENTS IN NO LESS THAN FIVE PERCENT OF SUCH NEW  MULTI-FA-
MILY HOUSING AND TO ENSURE ACCESS BY PERSONS WITH SENSORY IMPAIRMENTS IN
NO  LESS  THAN  TWO  PERCENT OF SUCH MULTI-FAMILY HOUSING, AND THAT SUCH
UNITS WILL BE MARKETED TO PERSONS WITH MOBILITY AND SENSORY IMPAIRMENTS,
AS FURTHER PROVIDED IN SUBDIVISION SIX OF THIS SECTION.  Such  contracts
shall  include a commitment by the state that any such new housing shall
remain exempt from rent control, rent stabilization and any  other  form
of  rent  regulation  for a term of fifty years except where equivalent,
[co-terminus] COTERMINUS and general controls of prices  and  wages  are
imposed  or  where  the  owner  or developer of such housing voluntarily
agrees to accept such regulation  in  consideration  for  tax  or  other
governmental benefits. Notwithstanding any other provision of law to the
contrary,  an agreement by the developer to build new multi-family hous-
ing in an area suffering from a housing emergency shall be  deemed  good
and valid consideration for the foregoing commitment by the state.
  S  5.  Section 14 of the public housing law is amended by adding a new
subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY  OTHER  LAW,  RULE  OR  REGULATION  TO  THE
CONTRARY,  ALL  PUBLIC OR PRIVATE REHABILITATION OF MULTI-FAMILY HOUSING
OR NEW MULTI-FAMILY HOUSING CONSTRUCTION DEVELOPMENTS THAT RECEIVE STATE
FUNDING OR FINANCING SHALL REQUIRE, IN EXCHANGE FOR SUCH  STATE  FUNDING

A. 1358                             3

OR FINANCING, THAT SUCH DEVELOPERS ENSURE ACCESS BY PERSONS WITH MOBILI-
TY IMPAIRMENTS IN NO LESS THAN FIVE PERCENT OF SUCH HOUSING UNITS AND TO
ENSURE  ACCESS  BY  PERSONS WITH SENSORY IMPAIRMENTS IN NO LESS THAN TWO
PERCENT OF SUCH HOUSING UNITS.
  (B) SUCH DEVELOPERS, OWNERS, MANAGERS, OR ANY OTHER PERSON RESPONSIBLE
TO  MARKET  SUCH  HOUSING  UNITS SHALL RESERVE AND MARKET THE ACCESSIBLE
HOUSING UNITS TO PERSONS WITH MOBILITY AND SENSORY IMPAIRMENTS.
  (C) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO  IMPLE-
MENT AND ENFORCE THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDI-
VISION.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.