HCR-44-11-00015-P The Regulations Govern Public Housing  

  • 11/2/11 N.Y. St. Reg. HCR-44-11-00015-P
    NEW YORK STATE REGISTER
    VOLUME XXXIII, ISSUE 44
    November 02, 2011
    RULE MAKING ACTIVITIES
    DIVISION OF HOUSING AND COMMUNITY RENEWAL
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. HCR-44-11-00015-P
    The Regulations Govern Public Housing
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    This is a consensus rule making to amend sections 1627-4.1(b) and 1640-7.3(c)(1)(i) and (ii) of Title 9 NYCRR.
    Statutory authority:
    Public Housing Law, sections 14(1)(a), (4) and 19
    Subject:
    The regulations govern Public Housing.
    Purpose:
    To comply with the Marriage Equality Act.
    Text of proposed rule:
    9 NYCRR § 1627-4.1(b) The signatures of both spouses [husband and wife] are required, although possession may be granted on one signature. In such cases, however, the second signature should be obtained as soon as possible, usually within two weeks of moving in. The signing of the lease by the lessee shall be witnessed by a designated authority employee. An authority member or the manager shall sign for the authority.
    9 NYCRR § 640-7.3(c)(1)(i) $1100 or more, if such individual is unmarried, or if married, is not living with his or her spouse [husband or wife]; or
    (ii) $2750 if married and living with his or her spouse [husband and wife].
    [the rest of the subsection remains the same]
    Text of proposed rule and any required statements and analyses may be obtained from:
    Gary R. Connor, General Counsel, Division of Housing and Community Renewal, 25 Beaver Street-7th Floor, New York, New York 10004, (212) 480-6707, email: gconnor@nyshcr.org
    Data, views or arguments may be submitted to:
    Same as above.
    Public comment will be received until:
    45 days after publication of this notice.
    This action was not under consideration at the time this agency's regulatory agenda was submitted.
    Consensus Rule Making Determination
    The Division of Housing and Community Renewal has determined that no person is likely to object to the adoption of these amended rules as written because they implement or conform to a non-discretionary statutory provision and make technical changes related thereto. To fully comply with the recently-enacted Marriage Equality Act, the amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse” in the following sections of Title 9 of Code, Rules and Regulations of the State of New York: 9 NYCRR § 1627-4.1(b); 9 NYCRR§ 1640-7.3(c)(1)(i) and (ii).
    Job Impact Statement
    The amended regulations are promulgated to fully comply with the recently-enacted Marriage Equality Act. The amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse.” It is apparent from the text of the rules that the amendments will have no adverse impact on jobs or employment opportunities.

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