S T A T E O F N E W Y O R K
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2455
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the public housing law, in relation to establishing a
centralized statewide registry of accessible or adaptable housing for
people with disabilities to be known as "Access-New York"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Access-New York Act".
S 2. The public housing law is amended by adding a new section 14-a to
read as follows:
S 14-A. ADDITIONAL DUTIES IN RELATION TO "ACCESS-NEW YORK ACT". 1.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(A) "ACCESSIBLE UNIT" MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE COMMISSIONER
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
(B) "ADAPTABLE UNIT" MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE COMMISSIONER
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
(C) "COVERED OWNER" MEANS AN OWNER, MANAGER, OPERATOR OR OTHER PRIVATE
OR PUBLIC ENTITY ENGAGED IN THE SALE OR RENTAL OF COVERED PREMISES IN
THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, HOUSING AUTHORI-
TIES.
(D) "COVERED PREMISES" MEANS ANY PRIVATELY OR PUBLICLY OWNED BUILDING
CONTAINING THREE OR MORE RESIDENTIAL DWELLING UNITS WHICH ARE OFFERED
FOR SALE OR RENT.
(E) "ACCESSIBLE WEB SITE" SHALL HAVE THE SAME MEANING AS DEFINED IN
REQUIREMENTS OF SECTION FIVE HUNDRED EIGHT OF THE FEDERAL REHABILITATION
ACT OF 1973, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05530-01-5
A. 2455 2
2. (A) THE COMMISSIONER SHALL DEVELOP NO LATER THAN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION AND MAINTAIN A STATEWIDE HOUSING REGISTRY
CALLED "ACCESS-NEW YORK" TO CONSIST OF A DATABASE TO TRACK ACCESSIBLE
AND ADAPTABLE UNITS, AND TO MAINTAIN INFORMATION ABOUT SUCH HOUSING
AVAILABILITY. THE DATABASE SHALL USE THE LATEST TECHNOLOGY, INCLUDING
BUT NOT LIMITED TO, ACCESSIBLE WEB SITE TECHNOLOGY AND TOLL-FREE TELE-
COMMUNICATIONS SYSTEMS THAT INCLUDE A TOLL-FREE TELEPHONE NUMBER TO A
LIVE OPERATOR AND A TOLL-FREE TTY LINE. THESE TECHNOLOGIES SHALL MAKE
AVAILABLE ONGOING ACCESSIBLE OR ADAPTABLE HOUSING INFORMATION TO DISA-
BILITY AGENCIES, ADVOCACY ORGANIZATIONS AND PEOPLE WITH DISABILITIES.
(B) THE COMMISSIONER SHALL ESTABLISH CRITERIA TO IDENTIFY AND CATEGOR-
IZE RESIDENTIAL DWELLING UNITS IN COVERED PREMISES WHICH UNITS ARE
OFFERED FOR RENT OR SALE AND WHICH ARE ACCESSIBLE TO PERSONS WITH DISA-
BILITIES OR WHICH ARE ADAPTABLE TO ACCOMMODATE PERSONS WITH DISABILI-
TIES. SUCH CRITERIA SHALL BE BASED ON THE PROVISIONS OF SECTION ONE
THOUSAND ONE HUNDRED SEVEN OF THE BUILDING CODE OF NEW YORK STATE AND
OTHER STANDARDS WHICH THE COMMISSIONER DEEMS RELEVANT.
THE CATEGORIES ESTABLISHED BY THE COMMISSIONER SHALL ENABLE PERSONS
WITH DISABILITIES WHO ARE SEEKING ACCOMMODATIONS TO RENT OR PURCHASE TO
READILY IDENTIFY UNITS WHICH WILL ACCOMMODATE THEIR NEEDS AND SHALL BE
DESIGNED TO ENABLE OWNERS TO EASILY IDENTIFY AND CATEGORIZE ALL ACCESSI-
BLE AND ADAPTABLE UNITS.
(C) THE ACCESS-NEW YORK DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) LOCATION OF EXISTING AND PROPOSED ACCESSIBLE OR ADAPTABLE HOUSING
UNITS;
(II) RENT AND PURCHASE PRICE LEVELS;
(III) ACCESSIBLE OR ADAPTABLE PROJECTS RECEIVING LOCAL, STATE OR
FEDERAL GOVERNMENT ASSISTANCE;
(IV) WHETHER OR NOT COVERED OWNER ACCEPTS SUBSIDIES SUCH AS "SECTION
8", PUBLIC ASSISTANCE AND/OR LOCAL, MUNICIPAL, STATE OR FEDERAL HOUSING
SUBSIDIES;
(V) NUMBER OF BEDROOMS;
(VI) DEVELOPMENT AMENITIES;
(VII) NEIGHBORHOOD FEATURES, INCLUDING WHETHER OR NOT SUCH UNIT IS ON
A LINE OF PUBLIC TRANSPORTATION;
(VIII) YEAR OF CONSTRUCTION;
(IX) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES TO ASSIST PERSONS WHO
ARE DEAF, HARD OF HEARING, BLIND OR VISUALLY IMPAIRED;
(X) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES, AS DETERMINED BY THE
COMMISSIONER;
(XI) VACANCY STATUS;
(XII) WAITING LIST STATUS;
(XIII) CONTACT INFORMATION, INCLUDING COVERED OWNER'S NAME, MAILING
ADDRESS, PHONE NUMBER, FAX NUMBER, E-MAIL ADDRESS, WEB SITE AND TTY
PHONE NUMBER IF AVAILABLE; AND
(XIV) ANY OCCUPANCY RESTRICTIONS THAT APPLY TO THE UNIT.
(D) THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO COVERED
OWNERS TO ASSIST IN IDENTIFYING AND LISTING ACCESSIBLE AND ADAPTABLE
UNITS.
3. EVERY COVERED OWNER OF A COVERED PREMISES SHALL LIST ALL ACCESSIBLE
UNITS AND ADAPTABLE UNITS ON THE ACCESS-NEW YORK REGISTRY IN ACCORDANCE
WITH A SCHEDULE ESTABLISHED BY THE COMMISSIONER BUT NO SOONER THAN SIXTY
DAYS AFTER THE REGISTRY IS OPERATIONAL AND THE COMMISSIONER PROMULGATES
RULES AND REGULATIONS TO IMPLEMENT THE REGISTRY. NOTWITHSTANDING THE
FOREGOING, THE COMMISSIONER MAY REQUIRE THAT COVERED OWNERS OF PUBLICLY
OWNED COVERED PREMISES INCLUDING BUT NOT LIMITED TO HOUSING AUTHORITIES
A. 2455 3
LIST ACCESSIBLE AND ADAPTABLE UNITS AT ANY TIME THAT THE COMMISSIONER
DEEMS APPROPRIATE.
THE SCHEDULE ESTABLISHED BY THE COMMISSIONER FOR THE LISTING OF
PRIVATELY OWNED ACCESSIBLE AND ADAPTABLE UNITS MAY PROVIDE FOR PHASING
IN OF THE REQUIREMENT BY BUILDING SIZE, GEOGRAPHIC AREA OR OTHER CRITE-
RIA OVER A REASONABLE PERIOD OF TIME.
4. ANY TENANT WHO OCCUPIES AN ACCESSIBLE UNIT OR AN ADAPTABLE UNIT
SHALL PROVIDE AT LEAST THIRTY DAYS WRITTEN NOTICE TO THE COVERED OWNER
OF HIS OR HER INTENT TO VACATE AND SIMULTANEOUSLY NOTIFY THE REGISTRY BY
PHONE OR REGULAR MAIL. COVERED OWNERS SHALL NOTIFY THE REGISTRY OF ALL
ACCESSIBLE UNITS AND ADAPTABLE UNITS THAT ARE AVAILABLE FOR RENT WITHIN
THREE BUSINESS DAYS OF THE TIME THE UNITS BECOME AVAILABLE.
5. THE COMMISSIONER SHALL PROMULGATE A FORM OF NOTICE THAT ADVISES
TENANTS OF THEIR OBLIGATIONS UNDER THIS SECTION. THE COMMISSIONER SHALL
MAKE SUCH FORMS READILY AVAILABLE TO COVERED OWNERS. COVERED OWNERS
SHALL PROVIDE A COPY OF SUCH NOTICE TO THE TENANT OF EVERY ACCESSIBLE
AND ADAPTABLE UNIT.
6. THE COVERED OWNER SHALL COLLECT AND RETAIN THE CONTACT INFORMATION
OF ANY PARTY WHO SUBMITTED A WRITTEN APPLICATION FOR ACCESSIBLE OR
ADAPTABLE UNITS FOR AT LEAST A TWELVE MONTH PERIOD.
7. THE COMMISSIONER SHALL NOTIFY YEARLY ALL PUBLIC HOUSING AUTHORITIES
AND OTHER PUBLIC ENTITIES RESPONSIBLE FOR FUNDING HOUSING DEVELOPMENT
PROJECTS OF THE REQUIREMENTS OF THIS SECTION AND ADVISE THEM TO DISSEM-
INATE THIS INFORMATION TO ALL DEVELOPERS AND MANAGERS TO WHICH THEY HAVE
DISSEMINATED FUNDS. THE COMMISSIONER SHALL ALSO NOTIFY YEARLY ALL INDE-
PENDENT LIVING CENTERS WITHIN NEW YORK STATE AND ALL NEW YORK STATE
AGENCIES THAT SERVE PEOPLE WITH DISABILITIES OF THE REQUIREMENTS OF THIS
SECTION AND ADVISE THEM TO MAKE AVAILABLE THIS INFORMATION TO INTERESTED
PARTIES WITHIN THEIR SERVICE AREA.
8. THE SECRETARY OF STATE SHALL NOTIFY YEARLY ALL LICENSED REAL ESTATE
BROKERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION. THE
SECRETARY OF STATE SHALL ALSO NOTIFY YEARLY ALL APPROPRIATE ENTITIES,
INCLUDING, BUT NOT LIMITED TO, LOCAL BOARDS OF REALTORS, LANDLORD'S
ASSOCIATIONS, ORGANIZATIONS REPRESENTING CO-OPS AND CONDOMINIUMS AND
BUILDERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION AND
ADVISE THEM TO DISSEMINATE THIS INFORMATION TO THEIR MEMBERS OR INTER-
ESTED PARTIES.
9. (A) A SPECIAL ADVISORY REVIEW PANEL SHALL BE ESTABLISHED TO ASSIST
THE COMMISSIONER IN FACILITATING THE DEVELOPMENT AND MANAGEMENT OF THE
ACCESS-NEW YORK HOUSING REGISTRY.
(B) THE SPECIAL ADVISORY REVIEW PANEL SHALL MEET AS NEEDED, AT LEAST
TWICE A YEAR, AND SHALL CONSIST OF THREE REPRESENTATIVES FROM PUBLIC
HOUSING AUTHORITIES WITHIN NEW YORK STATE, THREE ADVOCATES OF THE DISA-
BILITY COMMUNITY AND THREE REPRESENTATIVES OF THE PRODUCTION, MANAGEMENT
OR MARKETING OF RESIDENTIAL REAL ESTATE, ONE OF EACH APPOINTED BY THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE; AND TWO TENANTS WITH DISABILITIES, TWO REPRESENTATIVES FROM
NEIGHBORHOOD AND RURAL PRESERVATION COMPANIES, ONE OF EACH APPOINTED BY
THE MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE
SENATE.
(C) ALL MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL BE
APPOINTED NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(D) THE MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL SERVE WITH-
OUT COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
A. 2455 4
(E) THE SPECIAL ADVISORY REVIEW PANEL MAY CONSULT WITH ANY ORGANIZA-
TION, EDUCATIONAL INSTITUTION, GOVERNMENTAL AGENCY, OR EXPERT IN A
RELATED FIELD TO ACHIEVE ITS GOAL. SUCH GOVERNMENTAL AGENCIES SHALL
PROVIDE SUCH COOPERATION AND ASSISTANCE, SERVICES AND DATA AS WILL
ENABLE THE SPECIAL ADVISORY REVIEW PANEL TO PROPERLY CARRY OUT ITS
DUTIES.
(F) THE SPECIAL ADVISORY REVIEW PANEL SHALL ISSUE A REPORT TO THE
GOVERNOR, THE LEGISLATURE, AND INTERESTED ADVOCACY ORGANIZATIONS AND
INDIVIDUALS ON ACCESS-NEW YORK, INCLUDING RECOMMENDATIONS, SIX MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER.
(G) THE SPECIAL ADVISORY REVIEW PANEL SHALL PERFORM THE FOLLOWING
DUTIES, INCLUDING, BUT NOT LIMITED TO:
(I) DETERMINING WHETHER THERE IS SUFFICIENT PARTICIPATION OF COVERED
OWNERS IN THE HOUSING REGISTRY AND MAKE RECOMMENDATIONS REGARDING
INCREASED PARTICIPATION;
(II) DETERMINING WHETHER THE PROCESS FOR PARTICIPATION BY COVERED
OWNERS IN THE HOUSING REGISTRY BEST FACILITATES ACCURATE LISTINGS;
(III) CONSULTING WITH THE OPERATOR OF ACCESS-NEW YORK REGARDING THE
REVIEW OF SCHEDULES FOR CONTACT WITH COVERED OWNERS, VERIFICATION OF
LISTINGS AND ENTRY OF DATA TO ENSURE THE TIMELINESS OF LISTINGS;
(IV) ADVISING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON STRATE-
GIES TO MARKET ACCESS-NEW YORK TO ENSURE MAXIMUM PARTICIPATION BY
COVERED OWNERS;
(V) ASSESSING THE IMPACT OF MARKETING STRATEGIES ON USE OF THE SITE BY
PEOPLE WITH DISABILITIES AND THE ORGANIZATIONS THAT REPRESENT AND SERVE
THEM;
(VI) EVALUATING THE ADEQUACY OF LISTING INFORMATION BY SURVEYING HOUS-
ING REGISTRY USERS;
(VII) EXAMINING THE BENEFITS AND COSTS OF STRATEGIES FOR INCREASING
PARTICIPATION IN THE HOUSING REGISTRY AND RELIANCE UPON THE HOUSING
REGISTRY BY USERS; AND
(VIII) EXAMINING OTHER ISSUES AS APPROPRIATE.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized and directed to be made
and completed on or before such effective date.