BILL NUMBER: S3231
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the public housing law, in relation to the definition of
"family member"
 
SUMMARY OF PROVISIONS:
This bill amends Paragraph (c) of subdivision 4 of section 14 of the
public housing law to include uncles, aunts, nephews and nieces to the
definition of "family member" for the purposes of tenant succession of
rent protected housing.
 
EXISTING LAW:
Currently the law defines "family member" as a husband, wife, son,
daughter, stepson, stepdaughter, father, mother, stepfather, stepmother,
brother, sister, grandfather, grandmother, grandson, granddaughter,
daughter-in-law, son-in-law, mother-in-law or father-in-law of the
tenant; or any other person residing with the tenant in the housing
accommodation as a primary residence who can prove emotional and finan-
cial commitment, and interdependence between such person and the tenant.
 
JUSTIFICATION:
The traditional definition of "family" often does not reflect the dynam-
ics and makeup of a modern family. It is common for nieces and/or neph-
ews to live with aunts and/or uncles. However, these families run into
problems when it comes to tenant succession rights since they are not
included in the "family member" definition.
The current law does provide for "any other person residing with the
tenant in the housing accommodation as a primary residence who can prove
emotional and financial commitment, and interdependence between such
person and the tenant." However, unlike the others listed in the "family
member" definition these people have the added hurdle of proving the
emotional, financial and interdependence to the tenant.
This extra hurdle nieces, nephews, aunts and uncles face is costly and
burdensome. It is only right that these persons be included in the
"family member" definition.
 
LEGISLATIVE HISTORY:
S.0691 of 2021-2022 (Hoylman): Died in Rules
S.0016 of 2019-2020 (Hoylman): Died in Housing, Construction and Commu-
nity Development
S.0091 of 2017-2018 (Hoylman): Died in Housing
S.345 of 2015-2016 (Hoylman): Died in Housing, Construction & Community
Development
A.7864 of 2015-2016 (Richardson): Died in Housing
S.2453 of 2013-2014 (Hoylman): Died in Housing
A.9414 of 2014 (Rozic): Died in Housing
S.1300 of 2011-2012 (Duane): Died in Housing
S.1346 of 2009-2010 (Duane): Died in Housing
A.2107 of 2009-2010 (Benjamin): Died in Housing
S.2737 of 2007-2008 (Duane): Died in Housing
A.6389 of 2007-2008 (Benjamin): Died in Housing
S.2574 of 2005-2006 (Duane): Died in Housing
A.6821 of 2005-2006 (Benjamin): Died in Housing
S.2083 of 2003-2004 (Duane): Died in Housing
S.4476 of 2001-2002 (Duane): Died in Housing
S.6163 of 1999-2000 (Duane): Died in Rules(1999)/Died in Housing(2000)
 
FISCAL IMPLICATIONS:
None or negligible to the State.
 
EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall become law.