Bill Text: NY A01330 | 2019-2020 | 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"; establishes a special advisory review panel to assist commissioner in performance of duties of "Access-New York".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A01330 Detail]

Download: New_York-2019-A01330-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1552                                                  A. 1330
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 15, 2019
                                       ___________
        IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
          ed, and when printed to be committed  to  the  Committee  on  Housing,
          Construction and Community Development
        IN  ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred
          to the Committee on Housing
        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    § 2. The public housing law is amended by adding a new section 14-a to
     4  read as follows:
     5    § 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05431-01-9

        S. 1552                             2                            A. 1330
     1    (e)  "Accessible  web  site" shall have the same meaning as defined in
     2  requirements of section five hundred eight of the Federal Rehabilitation
     3  Act of 1973, as amended, and its implementing regulations.
     4    2. (a) The commissioner shall develop no later than one year after the
     5  effective date of this section and maintain a statewide housing registry
     6  called  "Access-New  York"  to consist of a database to track accessible
     7  and adaptable units, and to  maintain  information  about  such  housing
     8  availability.  The  database  shall use the latest technology, including
     9  but not limited to, accessible web site technology and  toll-free  tele-
    10  communications  systems  that  include a toll-free telephone number to a
    11  live operator and a toll-free TTY line. These  technologies  shall  make
    12  available  ongoing  accessible or adaptable housing information to disa-
    13  bility agencies, advocacy organizations and people with disabilities.
    14    (b) The commissioner shall establish criteria to identify and categor-
    15  ize residential dwelling units  in  covered  premises  which  units  are
    16  offered  for rent or sale and which are accessible to persons with disa-
    17  bilities or which are adaptable to accommodate  persons  with  disabili-
    18  ties.  Such    criteria  shall be based on the provisions of section one
    19  thousand one hundred seven of the building code of New  York  state  and
    20  other standards which the commissioner deems relevant.
    21    The  categories  established  by the commissioner shall enable persons
    22  with disabilities who are seeking accommodations to rent or purchase  to
    23  readily  identify  units which will accommodate their needs and shall be
    24  designed to enable owners to easily identify and categorize all accessi-
    25  ble and adaptable units.
    26    (c) The Access-New York database shall include, but not be limited to:
    27    (i) location of existing and proposed accessible or adaptable  housing
    28  units;
    29    (ii) rent and purchase price levels;
    30    (iii)  accessible  or  adaptable  projects  receiving  local, state or
    31  federal government assistance;
    32    (iv) whether or not covered owner accepts subsidies such  as  "Section
    33  8",  public assistance and/or local, municipal, state or federal housing
    34  subsidies;
    35    (v) number of bedrooms;
    36    (vi) development amenities;
    37    (vii) neighborhood features, including whether or not such unit is  on
    38  a line of public transportation;
    39    (viii) year of construction;
    40    (ix) particular accessible or adaptable features to assist persons who
    41  are deaf, hard of hearing, blind or visually impaired;
    42    (x)  particular accessible or adaptable features, as determined by the
    43  commissioner;
    44    (xi) vacancy status;
    45    (xii) waiting list status;
    46    (xiii) contact information, including covered  owner's  name,  mailing
    47  address,  phone  number,  fax  number,  e-mail address, web site and TTY
    48  phone number if available; and
    49    (xiv) any occupancy restrictions that apply to the unit.
    50    (d) The commissioner shall provide  technical  assistance  to  covered
    51  owners  to  assist  in  identifying and listing accessible and adaptable
    52  units.
    53    3. Every covered owner of a covered premises shall list all accessible
    54  units and adaptable units on the Access-New York registry in  accordance
    55  with a schedule established by the commissioner but no sooner than sixty
    56  days  after the registry is operational and the commissioner promulgates

        S. 1552                             3                            A. 1330
     1  rules and regulations to implement the registry.    Notwithstanding  the
     2  foregoing,  the commissioner may require that covered owners of publicly
     3  owned covered premises including but not limited to housing  authorities
     4  list  accessible  and  adaptable units at any time that the commissioner
     5  deems appropriate.
     6    The schedule established  by  the  commissioner  for  the  listing  of
     7  privately  owned  accessible and adaptable units may provide for phasing
     8  in of the requirement by building size, geographic area or other  crite-
     9  ria over a reasonable period of time.
    10    4.  Any  tenant  who  occupies an accessible unit or an adaptable unit
    11  shall provide at least thirty days written notice to the  covered  owner
    12  of his or her intent to vacate and simultaneously notify the registry by
    13  phone  or  regular mail. Covered owners shall notify the registry of all
    14  accessible units and adaptable units that are available for rent  within
    15  three business days of the time the units become available.
    16    5.  The  commissioner  shall  promulgate a form of notice that advises
    17  tenants of their obligations under this section. The commissioner  shall
    18  make  such  forms  readily  available  to covered owners. Covered owners
    19  shall provide a copy of such notice to the tenant  of  every  accessible
    20  and adaptable unit.
    21    6.  The covered owner shall collect and retain the contact information
    22  of any party who submitted  a  written  application  for  accessible  or
    23  adaptable units for at least a twelve month period.
    24    7. The commissioner shall notify yearly all public housing authorities
    25  and  other  public  entities responsible for funding housing development
    26  projects of the requirements of this section and advise them to  dissem-
    27  inate this information to all developers and managers to which they have
    28  disseminated  funds. The commissioner shall also notify yearly all inde-
    29  pendent living centers within New York state  and  all  New  York  state
    30  agencies that serve people with disabilities of the requirements of this
    31  section and advise them to make available this information to interested
    32  parties within their service area.
    33    8. The secretary of state shall notify yearly all licensed real estate
    34  brokers  within New York state of the requirements of this section.  The
    35  secretary of state shall also notify yearly  all  appropriate  entities,
    36  including,  but  not  limited to,   local boards of realtors, landlord's
    37  associations, organizations representing  co-ops  and  condominiums  and
    38  builders  within  New York state of the requirements of this section and
    39  advise them to disseminate this information to their members  or  inter-
    40  ested parties.
    41    9.  (a) A special advisory review panel shall be established to assist
    42  the commissioner in facilitating the development and management  of  the
    43  Access-New York housing registry.
    44    (b)  The  special advisory review panel shall meet as needed, at least
    45  twice a year, and shall consist of  three  representatives  from  public
    46  housing  authorities within New York state, three advocates of the disa-
    47  bility community and three representatives of the production, management
    48  or marketing of residential real estate, one of each  appointed  by  the
    49  governor, the speaker of the assembly and the temporary president of the
    50  senate;  and  two  tenants  with  disabilities, two representatives from
    51  neighborhood and rural preservation companies, one of each appointed  by
    52  the  minority  leader  of  the  assembly  and the minority leader of the
    53  senate.
    54    (c) All  members  of  the  special  advisory  review  panel  shall  be
    55  appointed  no  later  than  thirty days after the effective date of this
    56  section.

        S. 1552                             4                            A. 1330
     1    (d) The members of the special advisory review panel shall serve with-
     2  out compensation, but shall be reimbursed for their necessary and actual
     3  expenses incurred in the performance of their duties.
     4    (e)  The  special advisory review panel may consult with any organiza-
     5  tion, educational institution,  governmental  agency,  or  expert  in  a
     6  related  field  to  achieve  its  goal. Such governmental agencies shall
     7  provide such cooperation and  assistance,  services  and  data  as  will
     8  enable  the  special  advisory  review  panel  to properly carry out its
     9  duties.
    10    (f) The special advisory review panel shall  issue  a  report  to  the
    11  governor,  the  legislature,  and  interested advocacy organizations and
    12  individuals on Access-New York, including  recommendations,  six  months
    13  after the effective date of this section and annually thereafter.
    14    (g)  The  special  advisory  review  panel shall perform the following
    15  duties, including, but not limited to:
    16    (i) determining whether there is sufficient participation  of  covered
    17  owners  in  the  housing  registry  and  make  recommendations regarding
    18  increased participation;
    19    (ii) determining whether the  process  for  participation  by  covered
    20  owners in the housing registry best facilitates accurate listings;
    21    (iii)  consulting  with  the operator of Access-New York regarding the
    22  review of schedules for contact with  covered  owners,  verification  of
    23  listings and entry of data to ensure the timeliness of listings;
    24    (iv) advising the division of housing and community renewal on strate-
    25  gies  to  market  Access-New  York  to  ensure  maximum participation by
    26  covered owners;
    27    (v) assessing the impact of marketing strategies on use of the site by
    28  people with disabilities and the organizations that represent and  serve
    29  them;
    30    (vi) evaluating the adequacy of listing information by surveying hous-
    31  ing registry users;
    32    (vii)  examining  the  benefits and costs of strategies for increasing
    33  participation in the housing registry  and  reliance  upon  the  housing
    34  registry by users; and
    35    (viii) examining other issues as appropriate.
    36    §  3.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.    Effective  immediately,  the  addition,  amendment
    38  and/or repeal of any rule or regulation necessary for the implementation
    39  of  this  act  on  its  effective  date  are  authorized  to be made and
    40  completed on or before such effective date.
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