Provides that programs or activities relating to housing which receives federal financial assistance shall comply with Federal Rehabilitation Act of 1973

BILL NUMBER:S47A

Title of bill

An act to amend the public housing law, in relation to requiring any program or activity relating to housing which receives federal financial assistance to comply with the Federal Rehabilitation Act of 1973

Purpose

To ensure that housing protections offered to people with disabilities under Section 504 of the Federal Rehabilitation Act are also offered, and therefore enforceable, on the state level as well.

Summary of provisions

Section one amends the public housing law by adding a new section 223-c to require any program or activity receiving federal financial assistance to adhere to requirements set forth in Section 504 of the Federal Rehabilitation Act and its implementing regulations as it pertains to housing. Section two defines the enactment date.

Justification

New York's disability advocates have identified a lack of enforcement of Section 504 of the Federal Rehabilitation Act in New York State. Specifically, advocates have noted that some single and multi-family projects that have received federal monies through the New York State Division of Housing and Community Renewal (DHCR), local participating jurisdictions and the Housing Finance Agency (HFA) are not in compliance with Section 504. Even in circumstances where these federally-funded projects have been in architectural compliance, developers who have accepted federal funds have not marketed the accessible units to eligible individuals with disabilities.

Some funding agencies have asserted that compliance with the state building code is sufficient to demonstrate compliance with Section 504. However, because these codes provide architectural standards and do not contain the set aside and marketing requirements of Section 504, adherence to these codes does not equate to compliance with the regulatory provisions of Section 504. Legislation to incorporate Section 504 into state law would greatly assist in the enforcement of these provisions in New York State. The incorporation of Section 504 and the clarification of enforcement responsibility in state law would assist individuals with disabilities in obtaining accessible housing by ensuring that accessible units are built and are occupied by those who need them.

Legislative history

2005-06: - A.7867 (Passed Assembly) 2007-08: - A.7138 (Passed Assembly) 2009: - A.7851 (Passed Assembly) 2010: - S.7800(Squadron) Passed Senate, A.9757 (Bing)

Fiscal implications

None to the state.

Effective date

This act shall take effect on the one hundred and twentieth day after it shall have become 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.