NY State Senate Bill 2023-S6879

Senate Bill S6879

Signed By Governor

2023-2024 Legislative Session

Transfers the village of West Carthage housing authority to the town of Wilna housing authority; repealer

download bill text pdf

Current Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2023	signed chap.599
Oct 13, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly home rule request home rule request ordered to third reading rules cal.793 substituted for a6795a
Jun 08, 2023	referred to ways and means delivered to assembly passed senate
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal. amended (t) 6879a
May 22, 2023	1st report cal.1166
May 12, 2023	referred to housing, construction and community development

Votes

- Jun 8, 2023 - Floor Vote
  S6879
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  May 22, 2023 - Housing, Construction And Community Development Committee Vote
  S6879
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 22, 2023
      
      aye (11)
      
      Borrello
      
      Brisport
      
      Cleare
      
      Helming
      
      Jackson
      
      Kavanagh
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar

Bill Amendments

Original

A (Active)

2023-S6879 - Details

Law Section:: Public Housing Law
Laws Affected:: Rpld Art 13 Title 149, amd §471, Pub Hous L

2023-S6879 - Summary

Transfers the village of West Carthage housing authority to the town of Wilna housing authority.

2023-S6879 - Sponsor Memo

                                 
BILL NUMBER: S6879

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the public housing law, in relation to the transfer of
the West Carthage housing authority to the town of Wilna housing author-
ity; and providing for the repeal of certain provisions of such law
relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Transfers the West Carthage housing authority to the town of Wilna Hous-
ing Authority; repealer

 
SUMMARY OF PROVISIONS:

Section 1. Title 149 of article 13 of the public housing law is repealed

Section 2. Section 471 of the public housing law, as needed by chapter
684 of the laws of 1960

Section. 3. Transfer of functions

Section 4. Transfer of employees

Section 5. Transfer of records

Section 6. Continuity of authority

Section 7. Completion of unfinished business

Section 8. Continuation of rules and regulations

Section 9. Terms occurring in laws, contracts and other documents

Section 10. Existing rights and remedies reserved

Section 11. Pending actions and proceedings

Section 12. Transfer of assets and liabilities

Section 13. This act shall take effect immediately.

 
JUSTIFICATION:

The West Carthage Housing Authority (WCHA) suffered from financial hard-
ships due to past administration. Since April 2022, the WCHA has oper-
ated under the Town of Wilna Housing Authority with great success while
trying to rectify issues and maintain the wellbeing of their residents
of the 50-unit property. The U.S. Department of Housing and Urban Devel-
opment has formally requested that the Wilna Housing Authority receive
the WCHA in a full transfer but due to the NYS Housing Authority Law, it
currently prohibits a housing authority to transfer its real property to
another housing authority. Therefore, local legislation is needed to
merge these two authorities to guarantee the longevity and success of
both facilities and their residents in the community.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6879 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6879
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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 the transfer of
   the West Carthage housing authority  to  the  town  of  Wilna  housing
   authority;  and providing for the repeal of certain provisions of such
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Title  149  of  article  13  of the public housing law is
 REPEALED.
   § 2. Section 471 of the public housing law, as added by chapter 684 of
 the laws of 1960, is amended to read as follows:
   § 471. Town of Wilna  housing  authority.    1.  A  municipal  housing
 authority,  to be known as the town of Wilna housing authority is hereby
 created and established for the town of Wilna in the county of Jefferson
 for the accomplishment of any or all of the purposes specified in  arti-
 cle  eighteen  of  the  constitution  of the state of New York. It shall
 constitute a body corporate and politic, be perpetual  in  duration  and
 consist  of  five  members.  It  shall have the powers and duties now or
 hereafter conferred by this chapter upon municipal housing  authorities.
 It  shall  be  organized  in the manner prescribed by and subject to the
 provisions of this chapter and the authority, its members, officers  and
 employees  and  its  operations  and activities shall in all respects be
 governed by the provisions of this chapter.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
 THE  CONTRARY,  THE  WEST  CARTHAGE  HOUSING AUTHORITY, IN ITS ENTIRETY,
 SHALL BE TRANSFERRED TO THE TOWN OF WILNA HOUSING AUTHORITY. ALL  POWERS
 AND  DUTIES  OF  THE WEST CARTHAGE HOUSING AUTHORITY PURSUANT TO SECTION
 THIRTY-SEVEN OF THIS CHAPTER OR ANY OTHER PROVISION RELATING TO  MUNICI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10829-01-3
 S. 6879                             2

 
 PAL  HOUSING  AUTHORITIES  UNDER  ARTICLE THREE OF THIS CHAPTER SHALL BE
 TRANSFERRED TO AND ASSUMED BY THE TOWN OF WILNA HOUSING AUTHORITY.
   §  3. Transfer of functions. All of the functions and powers possessed
 by, and all of the obligations and duties of the West  Carthage  housing
 authority  are transferred and assigned to, assumed by and devolved upon
 the town of Wilna housing authority, in accordance with and pursuant  to
 the provisions of this act.
   §  4.  Transfer  of  employees. Notwithstanding any other provision of
 law, rule, or regulation to the contrary, upon the transfer of functions
 from the West Carthage housing  authority  pursuant  to  this  act,  all
 employees of the West Carthage housing authority shall be transferred to
 the  town  of Wilna housing authority. Employees transferred pursuant to
 this section shall be transferred without further examination or  quali-
 fication  and  shall  retain  their respective civil service classifica-
 tions, status and collective bargaining unit designations and collective
 bargaining agreements.
   § 5. Transfer of records. All books, papers, and property of the  West
 Carthage  housing authority shall be provided to and deemed to be in the
 possession of the town of Wilna housing authority.
   § 6. Continuity of authority. For the purpose  of  succession  of  all
 functions,  powers,  duties and obligations transferred and assigned to,
 devolved upon and assumed by it pursuant to this act, the town of  Wilna
 housing  authority  shall be deemed and held to constitute the continua-
 tion of the West Carthage housing authority.
   § 7. Completion of unfinished business. Any business or  other  matter
 undertaken  or commenced by the West Carthage housing authority pertain-
 ing to or connected with the functions, powers, obligations  and  duties
 hereby  transferred  and assigned to the town of Wilna housing authority
 and pending on the effective date of this  act,  may  be  conducted  and
 completed  by the town of Wilna housing authority in the same manner and
 under the same terms and conditions and  with  the  same  effect  as  if
 conducted and completed by the West Carthage housing authority.
   §  8.  Continuation  of rules and regulations. All rules, regulations,
 acts, orders, determinations, and decisions of the West Carthage housing
 authority  pertaining  to  the  functions  and  powers  transferred  and
 assigned pursuant to this act, in force at the time of such transfer and
 assumption,  shall  continue  in  full  force and effect as rules, regu-
 lations, acts, orders, determinations and decisions of the town of Wilna
 housing authority until duly modified or abrogated by the board of  such
 authority.
   §  9. Terms occurring in laws, contracts and other documents. Whenever
 the West Carthage housing authority, or the board thereof,  is  referred
 to  or  designated  in  any contract or document pertaining to the func-
 tions, powers, obligations and duties hereby transferred to and assigned
 to the town of Wilna housing authority, such  reference  or  designation
 shall  be deemed to refer to the town of Wilna housing authority or such
 authority's board, as applicable.
   § 10. Existing rights and remedies preserved.  No  existing  right  or
 remedy  of  any  character  shall  be  lost, impaired or affected by any
 provisions of this act.
   § 11. Pending actions and proceedings. No action or proceeding pending
 at the time when this act shall take effect, brought by or  against  the
 West Carthage housing authority, or the board thereof, shall be affected
 by any provision of this act, but the same may be prosecuted or defended
 in  the name of the town of Wilna housing authority, or the board there-
 of. In all such actions and  proceedings,  the  town  of  Wilna  housing
 S. 6879                             3
 
 authority,  upon  application  of  the  court, shall be substituted as a
 party.
   §  12.  Transfer of assets and liabilities. All assets and liabilities
 of the West Carthage housing authority are  hereby  transferred  to  and
 assumed by the town of Wilna housing authority.
   § 13. This act shall take effect immediately.

2023-S6879A (ACTIVE) - Details

Law Section:: Public Housing Law
Laws Affected:: Rpld Art 13 Title 149, amd §471, Pub Hous L

2023-S6879A (ACTIVE) - Summary

Transfers the village of West Carthage housing authority to the town of Wilna housing authority.

2023-S6879A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6879A

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the public housing law, in relation to the transfer of
the village of West Carthage housing authority to the town of Wilna
housing authority; and to repeal certain provisions of the public hous-
ing law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Transfers the West Carthage housing authority to the town of Wilna Hous-
ing Authority; repealer

 
SUMMARY OF PROVISIONS:

  Section  1.  Title  149  of  article  13  of the public housing law is
repealed

  Section 2. Section 471 of the public housing law, as needed by chapter
684 of the laws of 1960

  Section. 3. Transfer of functions

  Section 4. Transfer of employees

  Section 5. Transfer of records

  Section 6. Continuity of authority

  Section 7. Completion of unfinished business

  Section 8. Continuation of rules and regulations

  Section 9. Terms occurring in laws, contracts and other documents

  Section 10. Existing rights and remedies reserved

  Section 11. Pending actions and proceedings

  Section 12. Transfer of assets and liabilities

  Section 13. This act shall take effect immediately.

 
JUSTIFICATION:

The West Carthage Housing Authority (WCHA) suffered from financial hard-
ships due to past administration. Since April 2022, the WCHA  has  oper-
ated  under the Town of Wilna Housing Authority with great success while
trying to rectify issues and maintain the wellbeing of  their  residents
of the 50-unit property. The U.S. Department of Housing and Urban Devel-
opment  has  formally requested that the Wilna Housing Authority receive
the WCHA in a full transfer but due to the NYS Housing Authority Law, it
currently prohibits a housing authority to transfer its real property to
another housing authority. Therefore, local  legislation  is  needed  to
merge  these  two  authorities to guarantee the longevity and success of
both facilities and their residents in the community.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6879A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6879--A
     Cal. No. 1166
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first report, amended on first report, ordered to a  second
   report  and  ordered  reprinted,  retaining  its place in the order of
   second report
 
 AN ACT to amend the public housing law, in relation to the  transfer  of
   the  village  of  West Carthage housing authority to the town of Wilna
   housing authority; and to repeal  certain  provisions  of  the  public
   housing law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 149 of article  13  of  the  public  housing  law  is
 REPEALED.
   § 2. Section 471 of the public housing law, as added by chapter 684 of
 the laws of 1960, is amended to read as follows:
   §  471.  Town  of  Wilna  housing  authority.   1. A municipal housing
 authority, to be known as the town of Wilna housing authority is  hereby
 created and established for the town of Wilna in the county of Jefferson
 for  the accomplishment of any or all of the purposes specified in arti-
 cle eighteen of the constitution of the state  of  New  York.  It  shall
 constitute  a  body  corporate and politic, be perpetual in duration and
 consist of five members. It shall have the  powers  and  duties  now  or
 hereafter  conferred by this chapter upon municipal housing authorities.
 It shall be organized in the manner prescribed by  and  subject  to  the
 provisions  of this chapter and the authority, its members, officers and
 employees and its operations and activities shall  in  all  respects  be
 governed by the provisions of this chapter.
   2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THE VILLAGE OF WEST CARTHAGE  HOUSING  AUTHORITY,  IN  ITS
 ENTIRETY,  SHALL  BE TRANSFERRED TO THE TOWN OF WILNA HOUSING AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10829-02-3
 S. 6879--A                          2
 
 ALL POWERS AND DUTIES OF THE VILLAGE OF WEST CARTHAGE HOUSING  AUTHORITY
 PURSUANT  TO SECTION THIRTY-SEVEN OF THIS CHAPTER OR ANY OTHER PROVISION
 RELATING TO MUNICIPAL HOUSING AUTHORITIES UNDER ARTICLE  THREE  OF  THIS
 CHAPTER SHALL BE TRANSFERRED TO AND ASSUMED BY THE TOWN OF WILNA HOUSING
 AUTHORITY.
   §  3. Transfer of functions. All of the functions and powers possessed
 by, and all of the  obligations  and  duties  of  the  village  of  West
 Carthage  housing  authority are transferred and assigned to, assumed by
 and devolved upon the town of Wilna  housing  authority,  in  accordance
 with and pursuant to the provisions of this act.
   §  4.  Transfer  of  employees. Notwithstanding any other provision of
 law, rule, or regulation to the contrary, upon the transfer of functions
 from the village of West Carthage housing  authority  pursuant  to  this
 act,  all  employees  of  the village of West Carthage housing authority
 shall be transferred to the town of Wilna housing  authority.  Employees
 transferred  pursuant  to  this  section  shall  be  transferred without
 further examination or qualification and shall retain  their  respective
 civil  service  classifications,  status  and collective bargaining unit
 designations and collective bargaining agreements.
   § 5. Transfer of records. All  books,  papers,  and  property  of  the
 village  of  West  Carthage  housing  authority shall be provided to and
 deemed to be in the possession of the town of Wilna housing authority.
   § 6. Continuity of authority. For the purpose  of  succession  of  all
 functions,  powers,  duties and obligations transferred and assigned to,
 devolved upon and assumed by it pursuant to this act, the town of  Wilna
 housing  authority  shall be deemed and held to constitute the continua-
 tion of the village of West Carthage housing authority.
   § 7. Completion of unfinished business. Any business or  other  matter
 undertaken or commenced by the village of West Carthage housing authori-
 ty  pertaining  to  or connected with the functions, powers, obligations
 and duties hereby transferred and assigned to the town of Wilna  housing
 authority  and  pending  on  the  effective  date  of  this  act, may be
 conducted and completed by the town of Wilna housing  authority  in  the
 same  manner  and  under the same terms and conditions and with the same
 effect as if conducted and completed by the  village  of  West  Carthage
 housing authority.
   §  8.  Continuation  of rules and regulations. All rules, regulations,
 acts, orders, determinations, and  decisions  of  the  village  of  West
 Carthage housing authority pertaining to the functions and powers trans-
 ferred  and  assigned pursuant to this act, in force at the time of such
 transfer and assumption, shall continue in  full  force  and  effect  as
 rules,  regulations,  acts,  orders, determinations and decisions of the
 town of Wilna housing authority until duly modified or abrogated by  the
 board of such authority.
   §  9. Terms occurring in laws, contracts and other documents. Whenever
 the village of West Carthage housing authority, or the board thereof, is
 referred to or designated in any contract or document pertaining to  the
 functions,  powers,  obligations  and  duties  hereby transferred to and
 assigned to the town of  Wilna  housing  authority,  such  reference  or
 designation  shall  be  deemed  to  refer  to  the town of Wilna housing
 authority or such authority's board, as applicable.
   § 10. Existing rights and remedies preserved.  No  existing  right  or
 remedy  of  any  character  shall  be  lost, impaired or affected by any
 provisions of this act.
   § 11. Pending actions and proceedings. No action or proceeding pending
 at the time when this act shall take effect, brought by or  against  the
 S. 6879--A                          3
 
 village  of West Carthage housing authority, or the board thereof, shall
 be affected by any provision of this act, but the same may be prosecuted
 or defended in the name of the town of Wilna housing authority,  or  the
 board  thereof.  In  all such actions and proceedings, the town of Wilna
 housing authority, upon application of the court, shall  be  substituted
 as a party.
   §  12.  Transfer of assets and liabilities. All assets and liabilities
 of the village of West Carthage housing authority are hereby transferred
 to and assumed by the town of Wilna housing authority.
   § 13. This act shall take effect immediately.

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