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

BILL NUMBER:S3198

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 or general idea of bill

This legislation would prevent transfer of those over 62 years of age and/or a resident of over twenty years of the same apartment from that apartment in any New York City public housing development.

Summary of specific provisions

Section 1. Subdivision 6 of section 402 of the public housing law, as added by chapter 970 of the laws of 1968 is amended. This 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 apartment" 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 maximizing 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 safety; 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 predominant consideration. This legislation seeks to limit the Housing Authority's ability to transfer these long-term and elderly residents and prevent the harm to a senior's living conditions that such transfers cause.

Prior legislative history

This bill was previously introduced. S478, A2504 OF 2014.

Fiscal implications

None.

Effective date

This act shall take effect immediately.