NY State Senate Bill 2011-S6605

Senate Bill S6605

2011-2012 Legislative Session

Provides that elderly and long-time residents of public housing shall not be subject to transfers based on family composition

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2012	referred to housing, construction and community development

2011-S6605 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Amd §402, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S478
2015-2016: S3198
2017-2018: S5596
2019-2020: S3886

2011-S6605 (ACTIVE) - Summary

Provides that elderly and long-time residents of public housing shall not be subject to transfers based on family composition.

2011-S6605 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6605

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:
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 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.

LEGISLATIVE HISTORY:
2003-04: A.4699 Held in Housing
2007-08: p.4245
2009-10: A.4507 Referred to Housing

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6605 (ACTIVE) - Bill Text download pdf

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

                                  6605

                            I N  S E N A T E

                              March 2, 2012
                               ___________

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 to
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

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

                                                           LBD08645-01-1

S. 6605                             2

"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.

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