NY State Senate Bill 2019-S3886

Senate Bill S3886

2019-2020 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Feb 20, 2019	referred to housing, construction and community development

2019-S3886 (ACTIVE) - Details

See Assembly Version of this Bill:: A1444
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:: 2009-2010: A4507
2011-2012: S6605, A4972, A9082
2013-2014: S478, A2504
2015-2016: S3198, A68
2017-2018: S5596, A1307, A9748
2021-2022: A675
2023-2024: A3137

2019-S3886 (ACTIVE) - Summary

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

2019-S3886 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3886

SPONSOR: STAVISKY
 
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 NYCHA from transferring persons over 62
years of age and/or a resident of over twenty years of the same apart-
ment from that apartment in any New York City public housing development
solely on the basis of a change in family composition.

 
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 apart-
ment" 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 maxi-
mizing 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 safe-
ty; 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 predomi-
nant consideration. This legislation seeks to limit the Housing Authori-
ty'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:

2018: S 5596 - referred to Housing and Community Development

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3886 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3886
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01027-01-9

 S. 3886                             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.
   § 2. This act shall take effect immediately.

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