What's happening
This bill prevents the New York City Housing Authority from transferring elderly or long-term residents to different apartments based on apartment size provisions.
Why it matters
Protects elderly and long-term NYCHA residents from being forced to move. due to apartment size policies, which can be disruptive and stressful, especially for vulnerable tenants who have deep community ties or health concerns.
Overrides existing lease provisions. that would otherwise require transfers based on "appropriate size apartment" rules, meaning tenants who are 62+ years old or have lived in the same building for 20+ years can remain in their current homes regardless of unit size.
May impact NYCHA's ability to manage apartment allocations efficiently. , potentially reducing the number of larger apartments available for growing families, but prioritizes stability and aging-in-place for seniors and long-term residents.
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Who cares
Headline styles
Protect Elderly Public Housing Tenants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Elderly Public Housing Tenants
In Assembly Committee · Housing · Sponsor Daniel Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3886
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
Introduced by Sen. STAVISKY -- 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 limiting the right of the New York city housing authority to transfer elderly and long-time residents from their housing accommodations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 402 of the public housing law, as added by chapter 970 of the laws of 1968, is amended to read as follows:
6. In addition to all other powers granted by this chapter, the New York city housing authority shall have the power to act as and be and become a "developer", as that term is defined in subdivision nine of section four hundred fifty-two of the education law, of a combined occupancy structure, as defined in subdivision five of section four hundred fifty-two of such law, which consists of a project, as defined in this chapter, as well as of school accommodations or other facilities of the board of education of the city of New York, and to be and become an "owner", as that term is defined in subdivision fifteen-a of section four hundred fifty-two of the education law, of the non-school portion, consisting of a project as defined in this chapter, of such combined occupancy structure; and to do all things necessary or convenient to carry out such powers, including (a) construction of such combined occupancy structure as a developer pursuant to the provisions of this chapter and article ten of the education law, and conveyance or lease of the school portion thereof, and (b) as an owner, making and entering into contracts for acquisition, lease, sublease or other agreements for or with respect to the non-school portion, consisting of a project as defined in this chapter, pursuant to the provisions of article ten of the education law, and acquiring the same by transfer or conveyance to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01027-01-9
S. 3886 2
it of the fee title, or of possession under such lease, sublease or other agreement.
Notwithstanding any law to the contrary, any resident lease agreement entered into by the New York city housing authority, containing a "transfer to appropriate size apartment" provision, or such provision having substantially the same effect, shall not apply where a member of the household lawfully occupying the housing accommodation is sixty-two years of age or older, or has been a tenant in the housing accommodation in that building for twenty years or more.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
This legislation would prevent NYCHA from transferring persons over 62 years of age and/or a resident of over twenty years of the same apart- ment from that apartment in any New York City public housing development solely on the basis of a change in family composition.
Summary of provisions
Section one of this legislation 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 apart- ment" 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 maxi- mizing 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 safe- ty; 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 predomi- nant consideration. This legislation seeks to limit the Housing Authori- ty's ability to transfer these long-term and elderly residents and prevent the harm to a senior's living conditions that such transfers cause.
Legislative history
2018: S 5596 - referred to Housing and Community Development
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.