Bill Text: NY A01620 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the creation of home stability support supplement programs.
Spectrum: Moderate Partisan Bill (Democrat 102-24)
Status: (Introduced - Dead) 2020-02-10 - amend by restoring to original print 1620 [A01620 Detail]
Download: New_York-2019-A01620-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1620--A 2019-2020 Regular Sessions IN ASSEMBLY January 16, 2019 ___________ Introduced by M. of A. HEVESI, BARRON, GOTTFRIED, D'URSO, BRAUNSTEIN, ORTIZ, BARNWELL, QUART, NIOU, PAULIN, ENGLEBRIGHT, SIMON, ROZIC, MOSLEY, LUPARDO, SIMOTAS, RA, B. MILLER, HUNTER, O'DONNELL, GIGLIO, ABINANTI, DICKENS, SEAWRIGHT, JAFFEE, FAHY, M. G. MILLER, WEPRIN, PEOPLES-STOKES, JEAN-PIERRE, AUBRY, DenDEKKER, VANEL, M. L. MILLER, COLTON, CYMBROWITZ, TAYLOR, SANTABARBARA, GARBARINO, GUNTHER, CRESPO, DE LA ROSA, RAMOS, ARROYO, WRIGHT, BLAKE, PICHARDO, BENEDETTO, DAVILA, COOK, LIFTON, RIVERA, STIRPE, BICHOTTE, JOYNER, FERNANDEZ, BARRETT, KOLB, DILAN, DINOWITZ, FINCH, MORINELLO, PHEFFER AMATO, THIELE, EPSTEIN, RYAN, L. ROSENTHAL, REYES, EICHENSTEIN, BRONSON, PRETLOW, D. ROSENTHAL, BUTTENSCHON, McDONALD, BLANKENBUSH, PALMESANO, JONES, HYNDMAN, ASHBY, OTIS, JACOBSON, WILLIAMS, ABBATE, RODRIGUEZ, CRUZ, PERRY, ZEBROWSKI, KIM, FALL, RICHARDSON, LAVINE, ROMEO, CARROLL, GLICK, BURKE, WOERNER, NOLAN, WALKER, DARLING, FRONTUS, GANTT, MAGNAR- ELLI, McMAHON, SAYEGH, STEC, STECK, STERN, WALLACE -- Multi-Sponsored by -- M. of A. BRABENEC, CAHILL, DeSTEFANO, DiPIETRO, FITZPATRICK, FRIEND, GALEF, GRIFFIN, LENTOL, MANKTELOW, McDONOUGH, MONTESANO, SALKA, SOLAGES, TAGUE, WALSH -- read once and referred to the Commit- tee on Social Services -- reported and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the social services law, in relation to home stability support programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 131-bb to read as follows: 3 § 131-bb. Home stability support program. 1. (a) Notwithstanding any 4 other provision of law to the contrary, each local social services EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01072-03-0A. 1620--A 2 1 district shall provide a shelter supplement to eligible individuals and 2 families to prevent eviction and address homelessness in accordance with 3 this section. 4 (b) For the purposes of this section: 5 (i) "homeless" shall mean the lack of a fixed, regular, and adequate 6 nighttime residence; having a primary nighttime residence that is a 7 public or private place not designed for or ordinarily used as a regular 8 sleeping accommodation for human beings, including a car, park, aban- 9 doned building, bus or train station, airport or campground or other 10 places not meant for human habitation; living in a supervised publicly 11 or privately operated shelter designated to provide temporary living 12 arrangements (including hotels and motels paid for by federal, state or 13 local government programs for low-income individuals or by charitable 14 organizations, congregate shelters, or transitional housing); exiting an 15 institution where they resided and will lack a regular fixed and 16 adequate nighttime residence upon release or discharge; or are an unac- 17 companied youth and homeless families with children and youth defined as 18 homeless under either this paragraph or federal statute who have experi- 19 enced a long-term period without living independently in permanent hous- 20 ing; have experienced persistent instability as measured by frequent 21 moves; and can be expected to continue in such status for an extended 22 period of time because of chronic disabilities, chronic physical health 23 or mental health conditions, substance addiction, histories of domestic 24 violence or childhood abuse, the presence of a child or youth with a 25 disability, or multiple barriers to employment, or other dangerous or 26 life-threatening conditions, including conditions that relate to 27 violence against an individual or a family member; and 28 (ii) "imminent loss of housing" shall mean having received a verified 29 rent demand or a petition for eviction; having received a court order 30 resulting from an eviction action that notifies the individual or family 31 that they must leave their housing; facing loss of housing due to 32 hazardous conditions, including but not limited to asbestos, lead expo- 33 sure, mold, and radon; having a primary nighttime residence that is a 34 room in a hotel or motel and lack the resources necessary to stay; 35 facing loss of the primary nighttime residence, which may include living 36 in the home of another household, where the owner or renter of the hous- 37 ing will not allow the individual or family to stay, provided further, 38 that an assertion from an individual or family member alleging such loss 39 of housing or homelessness shall be sufficient to establish eligibility; 40 or, fleeing, or attempting to flee, domestic violence, dating violence, 41 sexual assault, stalking, human trafficking or other dangerous or life- 42 threatening conditions that relate to violence against the individual or 43 a family member, provided further that an assertion from an individual 44 or family member alleging such abuse and loss of housing shall be suffi- 45 cient to establish eligibility. 46 2. (a) Each local social services district shall provide a shelter 47 supplement to eligible individuals and families as defined in subdivi- 48 sion three of this section in an amount equal to eighty-five percent of 49 the fair market rent in the district, as established by the federal 50 department of housing and urban development, for the particular unit 51 size. The shelter supplement shall be issued by the local social 52 services district directly to the landlord or vendor. 53 (b) A local social services district may also provide an additional 54 supplement in excess of eighty-five percent of the fair market rent, up 55 to one hundred percent of the fair market rent in the district, as 56 established by the federal department of housing and urban development.A. 1620--A 3 1 Provided, however, the cost of the additional supplement shall be paid 2 by the local social services district. 3 (c) As part of the supplement referenced in this subdivision, when an 4 eligible recipient, as defined in subdivision three of this section, 5 incurs separate fuel for heating expenses, the local social services 6 district shall provide additional funds to cover such expenses, in 7 excess of the amount already required for shelter costs pursuant to 8 paragraph (a) of this subdivision. Such heating allowance shall be 9 equivalent to the full amount of fuel for heating expenses, and shall be 10 made directly to the vendor on behalf of the recipient. Any expenses 11 incurred by the local social services district that are (i) in excess of 12 a recipient's fuel for heating allowance authorized pursuant to para- 13 graph (b) of subdivision two of section one hundred thirty-one-a of this 14 title; (ii) made pursuant to section ninety-seven of this chapter; or 15 (iii) to cover any arrears payments made to restore heating services or 16 to prevent a shut-off, shall not be recoupable. 17 (d) Individuals not in receipt of public assistance, residing in a 18 household that is benefiting from a shelter supplement under this 19 section shall be required to contribute thirty percent of their gross 20 income, or their pro rata share of the rent, whichever is less. Minor 21 children without income shall not be counted in the pro rata share 22 equation. In addition, the income of minor children shall not be consid- 23 ered part of the gross income. 24 (e) Any supplement or allowance provided under this section shall not 25 be considered to be part of the standard of need as defined in paragraph 26 (b) of subdivision ten of section one hundred thirty-one-a of this 27 title. 28 (f) In the event that the local social services district determines 29 that payment of rental arrears would prevent homelessness and subse- 30 quently pays such arrears, such payments shall not be recoupable. 31 3. (a) For the period beginning October first, two thousand twenty-one 32 until September thirtieth, two thousand twenty-two, individuals, or 33 families, who are eligible for public assistance, are either homeless or 34 face an imminent loss of housing, and are not currently receiving anoth- 35 er shelter supplement shall be eligible for the shelter supplement 36 provided under this section. 37 (b) On and after October first, two thousand twenty-two, individuals 38 or families who are eligible for public assistance and are (i) homeless 39 or face an imminent loss of housing, and are not currently receiving 40 another shelter supplement; or (ii) currently in receipt of a shelter 41 supplement, other than a supplement required by this section, that is 42 being transferred to the home stability support program pursuant to 43 subdivision eight of this section, shall be eligible for the shelter 44 supplement provided under this section. 45 4. (a) Local social services districts shall provide the shelter 46 supplement required under this section for up to five years, provided 47 such individuals or families are otherwise eligible for public assist- 48 ance. A shelter supplement may be provided for an additional length of 49 time for good cause. 50 (b) If an individual or family receiving the shelter supplement is no 51 longer eligible for public assistance, the local social services 52 district shall continue to provide the shelter supplement, and if appro- 53 priate heating allowance, for one year from the date of such determi- 54 nation, so long as their income does not exceed two hundred percent of 55 the federal poverty level.A. 1620--A 4 1 5. The shelter supplement and heating allowance shall not be affected 2 by a recipient's sanction status. 3 6. (a) The commissioner shall contract with not-for-profit agencies, 4 that have experience providing support services to the homeless and 5 at-risk of homelessness populations, for the purpose of providing home 6 stability support services. Such services shall assist eligible recipi- 7 ents, as defined in subdivision three of this section, in avoiding home- 8 lessness and achieving long-term housing stability. Such services shall 9 include, but not be limited to: 10 (i) services to resolve conflicts between landlords and tenants and to 11 facilitate fair and workable solutions; 12 (ii) referrals to legal services to households threatened with the 13 loss of their homes through eviction, harassment or other means; 14 (iii) benefit/entitlement advocacy to ensure that households are 15 receiving all federal, state and local benefits to which they are enti- 16 tled, such as temporary assistance to needy families, safety net assist- 17 ance, supplemental nutrition assistance program, supplemental security 18 income, rent security deposits, furniture and household moving expenses, 19 medical assistance; and 20 (iv) relocation assistance which provides for the identification of 21 and referral to permanent and habitable housing, transportation 22 services, landlord/tenant lease negotiation services and assistance in 23 establishing utility services. 24 (b) The commissioner shall issue a request-for-proposal for home 25 stability support services. The request-for-proposal shall include: 26 (i) a description of the home stability support services to be 27 provided, including procedures for intake, referral, outreach, the 28 provision of services, follow-up and anticipated outcomes; 29 (ii) a description of the manner in which coordination with other 30 federal, state, local and privately funded services will be achieved; 31 and 32 (iii) a description of how the services will be designed to assist 33 households to achieve housing stability. 34 (c) Prior to entering into a contract pursuant to this subdivision, 35 the commissioner shall determine that the eligible applicant is a bona 36 fide organization which shall have demonstrated by its past and current 37 activities that it has the ability to provide such services, that the 38 organization is financially responsible and that the proposal is appro- 39 priate for the needs of households to be served. 40 7. The home stability support program shall provide for up to a total 41 of fourteen thousand new shelter supplements a year statewide, and funds 42 shall be distributed to each local social services district based on 43 their pro rata share of households below the federal poverty level in 44 the state, using the most recent United States census data as of April 45 first, two thousand twenty, and annually thereafter. 46 8. If local social services districts offer a shelter supplement not 47 required by this section, such districts may utilize supplements avail- 48 able under this section on or after October first, two thousand twenty- 49 two, to transfer eligible recipients as defined in subparagraph (ii) of 50 paragraph (b) of subdivision three of this section into the home stabil- 51 ity support program. Provided, however, a district shall not allocate 52 one hundred percent of their shelter supplements provided under this 53 section to existing supplement recipients, unless there is no current or 54 unmet need for supplements as defined in subparagraph (i) of paragraph 55 (b) of subdivision three of this section in such district.A. 1620--A 5 1 9. The commissioner shall issue a report on the home stability support 2 program to the governor, the speaker of the assembly, the temporary 3 president of the senate, the chairs of the senate and assembly social 4 services committees, and the chairs of the assembly ways and means 5 committee and the senate finance committee on or before October first of 6 each year, starting October first, two thousand twenty-three, regarding 7 the effectiveness of the program, based on the information provided from 8 the local social services districts. Each local district, upon the 9 request of the office, shall provide the office the necessary data for 10 the completion of the report. Each report shall include the following 11 information for each district: 12 (a) the number of individuals participating in the program; 13 (b) factors contributing to households experiencing housing issues, 14 including, but not limited to, health and safety and budgeting 15 constraints; 16 (c) total funding utilized; 17 (d) estimated avoided costs in temporary shelter; and 18 (e) any other information or available data that the commissioner 19 deems relevant and necessary for comprehensive evaluation of the current 20 need of entitlements for public assistance recipients. 21 § 2. Section 153 of the social services law is amended by adding a new 22 subdivision 13 to read as follows: 23 13. Notwithstanding any other provision of law to the contrary, one 24 hundred percent of costs for shelter supplements including costs for 25 heating expenses, and home stability support services required by 26 section one hundred thirty-one-bb of this article shall be subject to 27 reimbursement by the state, as follows: 28 (a) by federal funds that can be properly applied to such expendi- 29 tures; and 30 (b) the remainder to be paid by state funds. 31 § 3. This act shall take effect April 1, 2021.
