S T A T E O F N E W Y O R K ________________________________________________________________________ 68 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. SIMANOWITZ -- read once and referred to the Committee on Housing 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 ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 6 of section 402 of the public housing law, as 2 added by chapter 970 of the laws of 1968, is amended to read as follows: 3 6. In addition to all other powers granted by this chapter, the New 4 York city housing authority shall have the power to act as and be and 5 become a "developer", as that term is defined in subdivision nine of 6 section four hundred fifty-two of the education law, of a combined occu- 7 pancy structure, as defined in subdivision five of section four hundred 8 fifty-two of such law, which consists of a project, as defined in this 9 chapter, as well as of school accommodations or other facilities of the 10 board of education of the city of New York, and to be and become an 11 "owner", as that term is defined in subdivision fifteen-a of section 12 four hundred fifty-two of the education law, of the non-school portion, 13 consisting of a project as defined in this chapter, of such combined 14 occupancy structure; and to do all things necessary or convenient to 15 carry out such powers, including (a) construction of such combined occu- 16 pancy structure as a developer pursuant to the provisions of this chap- 17 ter and article ten of the education law, and conveyance or lease of the 18 school portion thereof, and (b) as an owner, making and entering into 19 contracts for acquisition, lease, sublease or other agreements for or 20 with respect to the non-school portion, consisting of a project as 21 defined in this chapter, pursuant to the provisions of article ten of 22 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. LBD00215-01-5 A. 68 2 1 it of the fee title, or of possession under such lease, sublease or 2 other agreement. 3 NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY RESIDENT LEASE AGREEMENT 4 ENTERED INTO BY THE NEW YORK CITY HOUSING AUTHORITY, CONTAINING A 5 "TRANSFER TO APPROPRIATE SIZE APARTMENT" PROVISION, OR SUCH PROVISION 6 HAVING SUBSTANTIALLY THE SAME EFFECT, SHALL NOT APPLY WHERE A MEMBER OF 7 THE HOUSEHOLD LAWFULLY OCCUPYING THE HOUSING ACCOMMODATION IS SIXTY-TWO 8 YEARS OF AGE OR OLDER, OR HAS BEEN A TENANT IN THE HOUSING ACCOMMODATION 9 IN THAT BUILDING FOR TWENTY YEARS OR MORE. 10 S 2. This act shall take effect immediately.