Bill Text: NY S01528 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes commissioner of housing and community renewal to maintain housing registry of accessible or adaptable housing for disabled called "Access-New York"; provides that certain owners shall provide certain information in relation to "Access-New York"; and establishes a special advisory panel to assist commissioner in performance of duties of "Access-New York".
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01528 Detail]
Download: New_York-2009-S01528-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1528
2009-2010 Regular Sessions
I N S E N A T E
February 2, 2009
___________
Introduced by Sens. MORAHAN, BONACIC, KRUEGER -- 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 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Access-New York Act".
3 S 2. The public housing law is amended by adding a new section 14-a to
4 read as follows:
5 S 14-A. ADDITIONAL DUTIES IN RELATION TO "ACCESS-NEW YORK ACT". 1.
6 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
7 ING MEANINGS:
8 (A) "ACCESSIBLE UNIT" MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
9 WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE COMMISSIONER
10 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
11 (B) "ADAPTABLE UNIT" MEANS A RESIDENTIAL UNIT IN A COVERED PREMISE
12 WHICH MEETS THE CRITERIA ESTABLISHED FOR SUCH UNITS BY THE COMMISSIONER
13 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
14 (C) "COVERED OWNER" MEANS AN OWNER, MANAGER, OPERATOR OR OTHER PRIVATE
15 OR PUBLIC ENTITY ENGAGED IN THE SALE OR RENTAL OF COVERED PREMISES IN
16 THE STATE OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, HOUSING AUTHORI-
17 TIES.
18 (D) "COVERED PREMISES" MEANS ANY PRIVATELY OR PUBLICLY OWNED BUILDING
19 CONTAINING THREE OR MORE RESIDENTIAL DWELLING UNITS WHICH ARE OFFERED
20 FOR SALE OR RENT.
21 (E) "ACCESSIBLE WEB SITE" SHALL HAVE THE SAME MEANING AS DEFINED IN
22 REQUIREMENTS OF SECTION FIVE HUNDRED EIGHT OF THE FEDERAL REHABILITATION
23 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.
LBD05997-01-9
S. 1528 2
1 2. (A) THE COMMISSIONER SHALL DEVELOP NO LATER THAN ONE YEAR AFTER THE
2 EFFECTIVE DATE OF THIS SECTION AND MAINTAIN A STATEWIDE HOUSING REGISTRY
3 CALLED "ACCESS-NEW YORK" TO CONSIST OF A DATABASE TO TRACK ACCESSIBLE
4 AND ADAPTABLE UNITS, AND TO MAINTAIN INFORMATION ABOUT SUCH HOUSING
5 AVAILABILITY. THE DATABASE SHALL USE THE LATEST TECHNOLOGY, INCLUDING
6 BUT NOT LIMITED TO, ACCESSIBLE WEB SITE TECHNOLOGY AND TOLL-FREE TELE-
7 COMMUNICATIONS SYSTEMS THAT INCLUDE A TOLL-FREE TELEPHONE NUMBER TO A
8 LIVE OPERATOR AND A TOLL-FREE TTY LINE. THESE TECHNOLOGIES SHALL MAKE
9 AVAILABLE ONGOING ACCESSIBLE OR ADAPTABLE HOUSING INFORMATION TO DISA-
10 BILITY AGENCIES, ADVOCACY ORGANIZATIONS AND PEOPLE WITH DISABILITIES.
11 (B) THE COMMISSIONER SHALL ESTABLISH CRITERIA TO IDENTIFY AND CATEGOR-
12 IZE RESIDENTIAL DWELLING UNITS IN COVERED PREMISES WHICH UNITS ARE
13 OFFERED FOR RENT OR SALE AND WHICH ARE ACCESSIBLE TO PERSONS WITH DISA-
14 BILITIES OR WHICH ARE ADAPTABLE TO ACCOMMODATE PERSONS WITH DISABILI-
15 TIES. SUCH CRITERIA SHALL BE BASED ON THE PROVISIONS OF SECTION ONE
16 THOUSAND ONE HUNDRED SEVEN OF THE BUILDING CODE OF NEW YORK STATE AND
17 OTHER STANDARDS WHICH THE COMMISSIONER DEEMS RELEVANT.
18 THE CATEGORIES ESTABLISHED BY THE COMMISSIONER SHALL ENABLE PERSONS
19 WITH DISABILITIES WHO ARE SEEKING ACCOMMODATIONS TO RENT OR PURCHASE TO
20 READILY IDENTIFY UNITS WHICH WILL ACCOMMODATE THEIR NEEDS AND SHALL BE
21 DESIGNED TO ENABLE OWNERS TO EASILY IDENTIFY AND CATEGORIZE ALL ACCESSI-
22 BLE AND ADAPTABLE UNITS.
23 (C) THE ACCESS-NEW YORK DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO:
24 (I) LOCATION OF EXISTING AND PROPOSED ACCESSIBLE OR ADAPTABLE HOUSING
25 UNITS;
26 (II) RENT AND PURCHASE PRICE LEVELS;
27 (III) ACCESSIBLE OR ADAPTABLE PROJECTS RECEIVING LOCAL, STATE OR
28 FEDERAL GOVERNMENT ASSISTANCE;
29 (IV) WHETHER OR NOT COVERED OWNER ACCEPTS SUBSIDIES SUCH AS "SECTION
30 8", PUBLIC ASSISTANCE AND/OR LOCAL, MUNICIPAL, STATE OR FEDERAL HOUSING
31 SUBSIDIES;
32 (V) NUMBER OF BEDROOMS;
33 (VI) DEVELOPMENT AMENITIES;
34 (VII) NEIGHBORHOOD FEATURES, INCLUDING WHETHER OR NOT SUCH UNIT IS ON
35 A LINE OF PUBLIC TRANSPORTATION;
36 (VIII) YEAR OF CONSTRUCTION;
37 (IX) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES TO ASSIST PERSONS WHO
38 ARE DEAF, HARD OF HEARING, BLIND OR VISUALLY IMPAIRED;
39 (X) PARTICULAR ACCESSIBLE OR ADAPTABLE FEATURES, AS DETERMINED BY THE
40 COMMISSIONER;
41 (XI) VACANCY STATUS;
42 (XII) WAITING LIST STATUS;
43 (XIII) CONTACT INFORMATION, INCLUDING COVERED OWNER'S NAME, MAILING
44 ADDRESS, PHONE NUMBER, FAX NUMBER, E-MAIL ADDRESS, WEB SITE AND TTY
45 PHONE NUMBER IF AVAILABLE; AND
46 (XIV) ANY OCCUPANCY RESTRICTIONS THAT APPLY TO THE UNIT.
47 (D) THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO COVERED
48 OWNERS TO ASSIST IN IDENTIFYING AND LISTING ACCESSIBLE AND ADAPTABLE
49 UNITS.
50 3. EVERY COVERED OWNER OF A COVERED PREMISES SHALL LIST ALL ACCESSIBLE
51 UNITS AND ADAPTABLE UNITS ON THE ACCESS-NEW YORK REGISTRY IN ACCORDANCE
52 WITH A SCHEDULE ESTABLISHED BY THE COMMISSIONER BUT NO SOONER THAN SIXTY
53 DAYS AFTER THE REGISTRY IS OPERATIONAL AND THE COMMISSIONER PROMULGATES
54 RULES AND REGULATIONS TO IMPLEMENT THE REGISTRY. NOTWITHSTANDING THE
55 FOREGOING, THE COMMISSIONER MAY REQUIRE THAT COVERED OWNERS OF PUBLICLY
56 OWNED COVERED PREMISES INCLUDING BUT NOT LIMITED TO HOUSING AUTHORITIES
S. 1528 3
1 LIST ACCESSIBLE AND ADAPTABLE UNITS AT ANY TIME THAT THE COMMISSIONER
2 DEEMS APPROPRIATE.
3 THE SCHEDULE ESTABLISHED BY THE COMMISSIONER FOR THE LISTING OF
4 PRIVATELY OWNED ACCESSIBLE AND ADAPTABLE UNITS MAY PROVIDE FOR PHASING
5 IN OF THE REQUIREMENT BY BUILDING SIZE, GEOGRAPHIC AREA OR OTHER CRITE-
6 RIA OVER A REASONABLE PERIOD OF TIME.
7 4. ANY TENANT WHO OCCUPIES AN ACCESSIBLE UNIT OR AN ADAPTABLE UNIT
8 SHALL PROVIDE AT LEAST THIRTY DAYS WRITTEN NOTICE TO THE COVERED OWNER
9 OF HIS OR HER INTENT TO VACATE AND SIMULTANEOUSLY NOTIFY THE REGISTRY BY
10 PHONE OR REGULAR MAIL. COVERED OWNERS SHALL NOTIFY THE REGISTRY OF ALL
11 ACCESSIBLE UNITS AND ADAPTABLE UNITS THAT ARE AVAILABLE FOR RENT WITHIN
12 THREE BUSINESS DAYS OF THE TIME THE UNITS BECOME AVAILABLE.
13 5. THE COMMISSIONER SHALL PROMULGATE A FORM OF NOTICE THAT ADVISES
14 TENANTS OF THEIR OBLIGATIONS UNDER THIS SECTION. THE COMMISSIONER SHALL
15 MAKE SUCH FORMS READILY AVAILABLE TO COVERED OWNERS. COVERED OWNERS
16 SHALL PROVIDE A COPY OF SUCH NOTICE TO THE TENANT OF EVERY ACCESSIBLE
17 AND ADAPTABLE UNIT.
18 6. THE COVERED OWNER SHALL COLLECT AND RETAIN THE CONTACT INFORMATION
19 OF ANY PARTY WHO SUBMITTED A WRITTEN APPLICATION FOR ACCESSIBLE OR
20 ADAPTABLE UNITS FOR AT LEAST A TWELVE MONTH PERIOD.
21 7. THE COMMISSIONER SHALL NOTIFY YEARLY ALL PUBLIC HOUSING AUTHORITIES
22 AND OTHER PUBLIC ENTITIES RESPONSIBLE FOR FUNDING HOUSING DEVELOPMENT
23 PROJECTS OF THE REQUIREMENTS OF THIS SECTION AND ADVISE THEM TO DISSEM-
24 INATE THIS INFORMATION TO ALL DEVELOPERS AND MANAGERS TO WHICH THEY HAVE
25 DISSEMINATED FUNDS. THE COMMISSIONER SHALL ALSO NOTIFY YEARLY ALL INDE-
26 PENDENT LIVING CENTERS WITHIN NEW YORK STATE AND ALL NEW YORK STATE
27 AGENCIES THAT SERVE PEOPLE WITH DISABILITIES OF THE REQUIREMENTS OF THIS
28 SECTION AND ADVISE THEM TO MAKE AVAILABLE THIS INFORMATION TO INTERESTED
29 PARTIES WITHIN THEIR SERVICE AREA.
30 8. THE SECRETARY OF STATE SHALL NOTIFY YEARLY ALL LICENSED REAL ESTATE
31 BROKERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION. THE
32 SECRETARY OF STATE SHALL ALSO NOTIFY YEARLY ALL APPROPRIATE ENTITIES,
33 INCLUDING, BUT NOT LIMITED TO, LOCAL BOARDS OF REALTORS, LANDLORD'S
34 ASSOCIATIONS, ORGANIZATIONS REPRESENTING CO-OPS AND CONDOMINIUMS AND
35 BUILDERS WITHIN NEW YORK STATE OF THE REQUIREMENTS OF THIS SECTION AND
36 ADVISE THEM TO DISSEMINATE THIS INFORMATION TO THEIR MEMBERS OR INTER-
37 ESTED PARTIES.
38 9. (A) A SPECIAL ADVISORY REVIEW PANEL SHALL BE ESTABLISHED TO ASSIST
39 THE COMMISSIONER IN FACILITATING THE DEVELOPMENT AND MANAGEMENT OF THE
40 ACCESS-NEW YORK HOUSING REGISTRY.
41 (B) THE SPECIAL ADVISORY REVIEW PANEL SHALL MEET AS NEEDED, AT LEAST
42 TWICE A YEAR, AND SHALL CONSIST OF THREE REPRESENTATIVES FROM PUBLIC
43 HOUSING AUTHORITIES WITHIN NEW YORK STATE, THREE ADVOCATES OF THE DISA-
44 BILITY COMMUNITY AND THREE REPRESENTATIVES OF THE PRODUCTION, MANAGEMENT
45 OR MARKETING OF RESIDENTIAL REAL ESTATE, ONE OF EACH APPOINTED BY THE
46 GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
47 SENATE; AND TWO TENANTS WITH DISABILITIES, TWO REPRESENTATIVES FROM
48 NEIGHBORHOOD AND RURAL PRESERVATION COMPANIES, ONE OF EACH APPOINTED BY
49 THE MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE
50 SENATE.
51 (C) ALL MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL BE
52 APPOINTED NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
53 SECTION.
54 (D) THE MEMBERS OF THE SPECIAL ADVISORY REVIEW PANEL SHALL SERVE WITH-
55 OUT COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR NECESSARY AND ACTUAL
56 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
S. 1528 4
1 (E) THE SPECIAL ADVISORY REVIEW PANEL MAY CONSULT WITH ANY ORGANIZA-
2 TION, EDUCATIONAL INSTITUTION, GOVERNMENTAL AGENCY, OR EXPERT IN A
3 RELATED FIELD TO ACHIEVE ITS GOAL. SUCH GOVERNMENTAL AGENCIES SHALL
4 PROVIDE SUCH COOPERATION AND ASSISTANCE, SERVICES AND DATA AS WILL
5 ENABLE THE SPECIAL ADVISORY REVIEW PANEL TO PROPERLY CARRY OUT ITS
6 DUTIES.
7 (F) THE SPECIAL ADVISORY REVIEW PANEL SHALL ISSUE A REPORT TO THE
8 GOVERNOR, THE LEGISLATURE, AND INTERESTED ADVOCACY ORGANIZATIONS AND
9 INDIVIDUALS ON ACCESS-NEW YORK, INCLUDING RECOMMENDATIONS, SIX MONTHS
10 AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER.
11 (G) THE SPECIAL ADVISORY REVIEW PANEL SHALL PERFORM THE FOLLOWING
12 DUTIES, INCLUDING, BUT NOT LIMITED TO:
13 (I) DETERMINING WHETHER THERE IS SUFFICIENT PARTICIPATION OF COVERED
14 OWNERS IN THE HOUSING REGISTRY AND MAKE RECOMMENDATIONS REGARDING
15 INCREASED PARTICIPATION;
16 (II) DETERMINING WHETHER THE PROCESS FOR PARTICIPATION BY COVERED
17 OWNERS IN THE HOUSING REGISTRY BEST FACILITATES ACCURATE LISTINGS;
18 (III) CONSULTING WITH THE OPERATOR OF ACCESS-NEW YORK REGARDING THE
19 REVIEW OF SCHEDULES FOR CONTACT WITH COVERED OWNERS, VERIFICATION OF
20 LISTINGS AND ENTRY OF DATA TO ENSURE THE TIMELINESS OF LISTINGS;
21 (IV) ADVISING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ON STRATE-
22 GIES TO MARKET ACCESS-NEW YORK TO ENSURE MAXIMUM PARTICIPATION BY
23 COVERED OWNERS;
24 (V) ASSESSING THE IMPACT OF MARKETING STRATEGIES ON USE OF THE SITE BY
25 PEOPLE WITH DISABILITIES AND THE ORGANIZATIONS THAT REPRESENT AND SERVE
26 THEM;
27 (VI) EVALUATING THE ADEQUACY OF LISTING INFORMATION BY SURVEYING HOUS-
28 ING REGISTRY USERS;
29 (VII) EXAMINING THE BENEFITS AND COSTS OF STRATEGIES FOR INCREASING
30 PARTICIPATION IN THE HOUSING REGISTRY AND RELIANCE UPON THE HOUSING
31 REGISTRY BY USERS; AND
32 (VIII) EXAMINING OTHER ISSUES AS APPROPRIATE.
33 S 3. This act shall take effect on the sixtieth day after it shall
34 have become a law. Effective immediately, the addition, amendment
35 and/or repeal of any rule or regulation necessary for the implementation
36 of this act on its effective date is authorized and directed to be made
37 and completed on or before such effective date.
