S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4232
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by M. of A. TITUS -- read once and referred to the Committee
         on Housing
       AN ACT to amend the public housing law, in relation to granting tenants,
         with a physically disabling condition that affects their  mobility,  a
         preference in occupying a vacant dwelling unit on a lower floor in the
         same  building  in  projects  operated  by  the  New York city housing
         authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 402 of the public housing law is amended by adding
    2  a new subdivision 10 to read as follows:
    3    10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  UPON
    4  THE VACANCY OF A DWELLING UNIT IN ANY PROJECT OPERATED BY THE AUTHORITY,
    5  SUCH VACANT DWELLING UNIT SHALL FIRST BE MADE AVAILABLE FOR OCCUPANCY TO
    6  ANY  TENANT WITHIN THE SAME PROJECT WHO LIVES ON A HIGHER FLOOR THAN THE
    7  VACANT DWELLING UNIT, PROVIDED, HOWEVER, THE VACANT DWELLING  UNIT  MUST
    8  BE  THE  SAME SIZE OR SMALLER THAN THE UNIT OCCUPIED BY SUCH TENANT, AND
    9  THE TENANT OR ANY OTHER  LEGAL  OCCUPANT  CURRENTLY  RESIDING  WITH  THE
   10  TENANT HAS A DISABILITY, AS DEFINED BY SUBDIVISION TWENTY-ONE OF SECTION
   11  TWO  HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, THAT AFFECTS MOBILITY.  IF
   12  TWO OR MORE TENANTS ARE ELIGIBLE FOR SUCH VACANT  APARTMENT,  PREFERENCE
   13  SHALL BE GIVEN TO THE INDIVIDUAL THAT HAS RESIDED IN THE PROJECT FOR THE
   14  LONGEST PERIOD OF TIME.
   15    S  2.  This  act shall take effect on the thirtieth day after it shall
   16  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06581-01-5