Bill Text: NY S07628 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to establishing the housing access voucher program; provides that the commissioner of the division of housing and community renewal shall implement a program of rental assistance in the form of housing vouchers for eligible individuals and families who are homeless or who face an imminent loss of housing; provides that the commissioner shall designate public housing agencies in the state to administer the program.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2020-03-10 - PRINT NUMBER 7628A [S07628 Detail]
Download: New_York-2019-S07628-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7628--A IN SENATE February 3, 2020 ___________ Introduced by Sens. KAVANAGH, PERSAUD, HOYLMAN, JACKSON, KAMINSKY, MONT- GOMERY, MYRIE, RAMOS, RIVERA, SALAZAR, SAVINO, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public housing law, in relation to establishing the housing access voucher program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public housing law is amended by adding a new article 2 14 to read as follows: 3 ARTICLE 14 4 HOUSING ACCESS VOUCHER PROGRAM 5 Section 600. Legislative findings. 6 601. Definitions. 7 602. Housing access voucher program. 8 603. Eligibility. 9 604. Funding allocation and distribution. 10 605. Payment of housing vouchers. 11 606. Leases and tenancy. 12 607. Rental obligation. 13 608. Monthly assistance payment. 14 609. Inspection of units by public housing agencies. 15 610. Rent. 16 611. Vacated units. 17 612. Leasing of units owned by a public housing agency. 18 613. Verification of income. 19 614. Division of an assisted family. 20 615. Maintenance of effort. 21 616. Vouchers statewide. 22 617. Applicable codes. 23 618. Housing choice. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15091-03-0S. 7628--A 2 1 § 600. Legislative findings. The legislature finds that it is in the 2 public interest and an obligation of the state to ensure that individ- 3 uals and families are not rendered homeless because of an inability to 4 pay the cost of housing, and that the state should aid individuals and 5 families who are homeless or face an imminent loss of housing in obtain- 6 ing and maintaining suitable permanent housing in accordance with the 7 provisions of this article. 8 § 601. Definitions. For the purposes of this article, the following 9 terms shall have the following meanings: 10 1. "homeless" means lacking a fixed, regular, and adequate nighttime 11 residence; having a primary nighttime residence that is a public or 12 private place not designed for or ordinarily used as a regular sleeping 13 accommodation for human beings, including a car, park, abandoned build- 14 ing, bus or train station, airport, campground, or other place not meant 15 for human habitation; living in a supervised publicly or privately oper- 16 ated shelter designated to provide temporary living arrangements 17 (including hotels and motels paid for by federal, state or local govern- 18 ment programs for low-income individuals or by charitable organizations, 19 congregate shelters, or transitional housing); exiting an institution 20 where an individual or family has resided and lacking a regular fixed 21 and adequate nighttime residence upon release or discharge; being a 22 homeless family with children or unaccompanied youth defined as homeless 23 under federal statute; having experienced a long-term period without 24 living independently in permanent housing or having experienced persist- 25 ent instability as measured by frequent moves and being reasonably 26 expected to continue in such status for an extended period of time 27 because of chronic disabilities, chronic physical health or mental 28 health conditions, substance addiction, histories of domestic violence 29 or childhood abuse, the presence of a child or youth with a disability, 30 multiple barriers to employment, or other dangerous or life-threatening 31 conditions, including conditions that relate to violence against an 32 individual or a family member. 33 2. "imminent loss of housing" means having received a verified rent 34 demand or a petition for eviction; having received a court order result- 35 ing from an eviction action that notifies the individual or family that 36 they must leave their housing; facing loss of housing due to hazardous 37 conditions, including but not limited to asbestos, lead exposure, mold, 38 and radon; having a primary nighttime residence that is a room in a 39 hotel or motel and lacking the resources necessary to stay; facing loss 40 of the primary nighttime residence, which may include living in the home 41 of another household, where the owner or renter of the housing will not 42 allow the individual or family to stay, provided further, that an 43 assertion from an individual or family member alleging such loss of 44 housing or homelessness shall be sufficient to establish eligibility; or 45 fleeing or attempting to flee domestic violence, dating violence, sexual 46 assault, stalking, human trafficking or other dangerous or life-threat- 47 ening conditions that relate to violence against the individual or a 48 family member, provided further that an assertion from an individual or 49 family member alleging such abuse and loss of housing shall be suffi- 50 cient to establish eligibility. 51 3. "public housing agency" means any county, municipality, or other 52 governmental entity or public body that is authorized to administer any 53 public housing program (or an agency or instrumentality of such an enti- 54 ty), and any other public or private non-profit entity that administers 55 any other public housing program or assistance.S. 7628--A 3 1 4. "family" means a group of persons residing together. Such group 2 includes, but is not limited to a family with or without children (a 3 child who is temporarily away from the home because of placement in 4 foster care is considered a member of the family) or the remaining 5 member of a tenant family. The commissioner shall have the discretion to 6 determine if any other group of persons qualifies as a family. 7 5. "individual" means a single person. 8 6. "owner" means any private person or any entity, including a cooper- 9 ative, an agency of the federal government, or a public housing agency, 10 having the legal right to lease or sublease dwelling units. 11 7. "dwelling unit" means a single-family dwelling, including attached 12 structures such as porches and stoops; or a single-family dwelling unit 13 in a structure that contains more than one separate residential dwelling 14 unit, and in which each such unit is used or occupied, or intended to be 15 used or occupied, in whole or in part, as the residence of one or more 16 persons. 17 8. "income" means income from all sources of each member of the house- 18 hold, including all wages, tips, over-time, salary, welfare assistance, 19 social security payments, child support payments, returns on invest- 20 ments, and recurring gifts. The term "income" shall not include: 21 employment income from children under eighteen years of age, employment 22 income from children eighteen years of age or older who are full-time 23 students, foster care payments, sporadic gifts, groceries provided by 24 persons not living in the household, supplemental nutrition assistance 25 program (food stamp) benefits, earned income disregard (EID), or the 26 earned income tax credit. 27 9. "adjusted income" means income minus any deductions allowable by 28 the rules promulgated by the commissioner pursuant to this article. 29 Mandatory deductions shall include: 30 (a) four hundred eighty dollars for each dependent; 31 (b) four hundred dollars for any elderly family member and/or a family 32 member with a disability; 33 (c) any reasonable child care expenses necessary to enable a member of 34 the family to be employed or to further his or her education; and 35 (d) The sum total of unreimbursed medical expenses for each elderly 36 family member and/or family member with a disability plus unreimbursed 37 attendant care and/or medical apparatus expenses for each member of the 38 family with a disability which are necessary for any member of the fami- 39 ly (including the member who is a person with a disability) to be 40 employed greater than three percent of the annual income. 41 10. "reasonable rent" means rent not more than the rent charged on 42 comparable units in the private unassisted market and rent charged for 43 comparable unassisted units in the premises. 44 11. "fair market rent" means the fair market rent for each rental area 45 as promulgated annually by the United States department of housing and 46 urban development's office of policy development and research pursuant 47 to 42 U.S.C. 1437f. 48 12. "voucher" means a document issued by the housing trust fund corpo- 49 ration pursuant to this article to an individual or family selected for 50 admission to the housing access voucher program, which describes such 51 program and the procedures for approval of a unit selected by the family 52 and states the obligations of the individual or family under the 53 program. 54 13. "lease" means a written agreement between an owner and a tenant 55 for the leasing of a dwelling unit to the tenant. The lease establishes 56 the conditions for occupancy of the dwelling unit by an individual orS. 7628--A 4 1 family with housing assistance payments under a contract between the 2 owner and the public housing agency. 3 14. "dependent" means any member of the family who is neither the head 4 of household, nor the head of the household's spouse, and who is: 5 (a) under the age of eighteen; 6 (b) a person with a disability; or 7 (c) a full-time student. 8 15. "elderly" means a person sixty-two years of age or older. 9 16. "child care expenses" means expenses relating to the care of chil- 10 dren under the age of thirteen. 11 17. "federal poverty level" means a measure of income promulgated 12 annually by the United States department of health and human services 13 pursuant to 42 U.S.C. 9902 that establishes a threshold for poverty in 14 the United States based on the size of household. 15 18. "severely rent burdened" means those individuals and families who 16 pay more than fifty percent of their income in rent as defined by the 17 United States census bureau. 18 19. "disability" means: 19 (a) the inability to engage in any substantial gainful activity by 20 reason of any medically determinable physical or mental impairment which 21 can be expected to result in death or which has lasted or can be 22 expected to last for a continuous period of not less than twelve months; 23 or 24 (b) in the case of an individual who has attained the age of fifty- 25 five and is blind, the inability by reason of such blindness to engage 26 in substantial gainful activity requiring skills or abilities comparable 27 to those of any gainful activity in which they have previously engaged 28 with some regularity and over a substantial period of time; or 29 (c) a physical, mental, or emotional impairment which: 30 (i) is expected to be of long-continued and indefinite duration; 31 (ii) substantially impedes his or her ability to live independently; 32 and 33 (iii) is of such a nature that such ability could be improved by more 34 suitable housing conditions; or 35 (d) a developmental disability that is a severe, chronic disability of 36 an individual that: 37 (i) is attributable to a mental or physical impairment or combination 38 of mental and physical impairments; 39 (ii) is manifested before the individual attains age twenty-two; 40 (iii) is likely to continue indefinitely; 41 (iv) results in substantial functional limitations in three or more of 42 the following areas of major life activity: 43 (A) self-care; 44 (B) receptive and expressive language; 45 (C) learning; 46 (D) mobility; 47 (E) self-direction; 48 (F) capacity for independent living; or 49 (G) economic self-sufficiency; and 50 (v) reflects the individual's need for a combination and sequence of 51 special, interdisciplinary, or generic services, individualized 52 supports, or other forms of assistance that are of lifelong or extended 53 duration and are individually planned and coordinated. 54 § 602. Housing access voucher program. The commissioner, subject to 55 the appropriation of funds for this purpose, shall implement a program 56 of rental assistance in the form of housing vouchers for eligible indi-S. 7628--A 5 1 viduals and families who are homeless or who face an imminent loss of 2 housing in accordance with the provisions of this article. The housing 3 trust fund corporation shall issue vouchers pursuant to this article, 4 subject to appropriation of funds for this purpose, and may contract 5 with the division of housing and community renewal to administer any 6 aspect of this program in accordance with the provisions of this arti- 7 cle. The commissioner shall designate public housing agencies in the 8 state to make vouchers available to such individuals and families and to 9 administer other aspects of the program in accordance with the 10 provisions of this article. 11 § 603. Eligibility. Eligibility for the housing access voucher program 12 shall be limited to individuals and families who are homeless or facing 13 imminent loss of housing. The commissioner shall promulgate standards 14 for determining eligibility for this program. 15 1. An individual or family shall be eligible for this program if they 16 are homeless or facing imminent loss of housing and have an income of no 17 more than two hundred fifty percent of the federal poverty level. 18 2. An individual or family in receipt of rental assistance under this 19 program shall be no longer financially eligible for assistance under 20 this program when thirty percent of the individual or family's adjusted 21 income is greater than or equal to the total rent for the dwelling unit. 22 3. When an individual or family becomes financially ineligible for 23 rental assistance under this program pursuant to subdivision two of this 24 section, the individual or family shall retain rental assistance for a 25 period no shorter than one year. 26 4. Income eligibility shall be verified no less frequently than annu- 27 ally. 28 § 604. Funding allocation and distribution. 1. Funding shall be allo- 29 cated by the commissioner in each county and the city of New York in 30 proportion to the number of households in each county or the city of New 31 York who are severely rent burdened. 32 2. The commissioner shall be responsible for distributing the funds 33 allocated in each county or the city of New York among public housing 34 agencies operating in each county or in the city of New York. 35 3. At least fifty percent of funds distributed in each county or in 36 the city of New York shall be allocated to individuals or families who 37 are homeless. 38 4. At least eighty-seven and one-half percent of funds distributed in 39 each county or in the city of New York shall be allocated to individuals 40 and families whose income does not exceed the federal poverty level. 41 5. No funds may be allocated under this program to individuals or 42 families whose income exceeds two hundred fifty percent of the federal 43 poverty level. 44 § 605. Payment of housing vouchers. The housing voucher shall be paid 45 directly to any owner under a contract between the owner of the dwelling 46 unit to be occupied by the voucher recipient and the appropriate public 47 housing agency. A housing assistance payment contract entered into 48 pursuant to this section shall establish the maximum monthly rent 49 (including utilities and all maintenance and management charges) which 50 the owner is entitled to receive for each dwelling unit with respect to 51 which such assistance payments are to be made. The maximum monthly rent 52 shall not exceed one hundred ten percent nor be less than ninety percent 53 of the fair market rent for the rental area in which it is located. 54 Fair market rent for a rental area shall be published not less than 55 annually by the commissioner and shall be made available on the website 56 of New York state homes and community renewal.S. 7628--A 6 1 § 606. Leases and tenancy. Each housing assistance payment contract 2 entered into by a public housing agency and the owner of a dwelling unit 3 shall provide: 4 1. that the lease between the tenant and the owner shall be for a term 5 of not less than one year, except that the public housing agency may 6 approve a shorter term for an initial lease between the tenant and the 7 dwelling unit owner if the public housing agency determines that such 8 shorter term would improve housing opportunities for the tenant and if 9 such shorter term is considered to be a prevailing local market prac- 10 tice; 11 2. that the dwelling unit owner shall offer leases to tenants assisted 12 under this article that: 13 (a) are in a standard form used in the locality by the dwelling unit 14 owner; and 15 (b) contain terms and conditions that: 16 (i) are consistent with state and local law; and 17 (ii) apply generally to tenants in the property who are not assisted 18 under this article; 19 (c) shall provide that during the term of the lease, the owner shall 20 not terminate the tenancy except for serious or repeated violation of 21 the terms and conditions of the lease, for violation of applicable state 22 or local law, or for other good cause, and in the case of an owner who 23 is an immediate successor in interest pursuant to foreclosure during the 24 term of the lease vacating the property prior to sale shall not consti- 25 tute other good cause, except that the owner may terminate the tenancy 26 effective on the date of transfer of the unit to the owner if the owner: 27 (i) will occupy the unit as a primary residence; and 28 (ii) has provided the tenant a notice to vacate at least ninety days 29 before the effective date of such notice; 30 (d) shall provide that any termination of tenancy under this section 31 shall be preceded by the provision of written notice by the owner to the 32 tenant specifying the grounds for that action, and any relief shall be 33 consistent with applicable state and local law; 34 3. that any unit under an assistance contract originated under this 35 article shall only be occupied by the individual or family designated in 36 said contract and shall be the designated individual or family's primary 37 residence. Contracts shall not be transferable between units and shall 38 not be transferable between recipients. A family or individual may 39 transfer their voucher to a different unit under a new contract pursuant 40 to this article; 41 4. that an owner shall not charge more than a reasonable rent as 42 defined in section six hundred one of this article. 43 § 607. Rental obligation. 1. Each recipient of housing assistance 44 under the housing access voucher program's monthly rental obligation 45 shall be the greater of: 46 (a) thirty percent of the monthly adjusted income of the family or 47 individual; or 48 (b) If the family or individual is receiving payments for welfare 49 assistance from a public agency and a part of those payments, adjusted 50 in accordance with the actual housing costs of the family, is specif- 51 ically designated by that agency to meet the housing costs of the fami- 52 ly, the portion of those payments that is so designated. These payments 53 include, but are not limited to any shelter assistance or housing 54 assistance administered by any federal, state or local agency. 55 2. If the rent for the individual or family (including the amount 56 allowed for tenant-paid utilities) exceeds the applicable payment stand-S. 7628--A 7 1 ard established under subdivision one of this section, the monthly 2 assistance payment for the family shall be equal to the amount by which 3 the applicable payment standard exceeds the greater of amounts under 4 paragraphs (a) and (b) of subdivision one of this section. 5 § 608. Monthly assistance payment. 1. The amount of the monthly 6 assistance payment with respect to any dwelling unit shall be the 7 difference between the maximum monthly rent which the contract provides 8 that the owner is to receive for the unit and the rent the individual or 9 family is required to pay under section six hundred seven of this arti- 10 cle. Reviews of income shall be made no less frequently than annually. 11 2. The commissioner shall establish maximum rent levels for different 12 sized rentals in each rental area in a manner that promotes the use of 13 the program in all localities based on the fair market rental of the 14 rental area. Rental areas shall be delineated by county, excepting that 15 the city of New York shall be considered one rental area. The commis- 16 sioner may rely on data or other information promulgated by any other 17 state or federal agency in determining the rental areas and fair market 18 rent. 19 3. The payment standard for each size of dwelling unit in a rental 20 area shall not be less than ninety percent and shall not exceed one 21 hundred ten percent of the fair market rent established in section six 22 hundred one of this article for the same size of dwelling unit in the 23 same rental area, except that the commissioner shall not be required as 24 a result of a reduction in the fair market rent to reduce the payment 25 standard applied to a family continuing to reside in a unit for which 26 the family was receiving assistance under this article at the time the 27 fair market rent was reduced. 28 § 609. Inspection of units by public housing agencies. 1. Initial 29 inspection. 30 (a) For each dwelling unit for which a housing assistance payment 31 contract is established under this article, the public housing agency 32 (or other entity pursuant to section six hundred twelve of this article) 33 shall inspect the unit before any assistance payment is made to deter- 34 mine whether the dwelling unit meets the housing quality standards under 35 subdivision two of this section, except as provided in paragraph (b) or 36 (c) of this subdivision. 37 (b) In the case of any dwelling unit that is determined, pursuant to 38 an inspection under paragraph (a) of this subdivision, not to meet the 39 housing quality standards under subdivision two of this section, assist- 40 ance payments may be made for the unit notwithstanding subdivision three 41 of this section if failure to meet such standards is a result only of 42 non-life-threatening conditions, as such conditions are established by 43 the commissioner. A public housing agency making assistance payments 44 pursuant to this paragraph for a dwelling unit shall, thirty days after 45 the beginning of the period for which such payments are made, withhold 46 any assistance payments for the unit if any deficiency resulting in 47 noncompliance with the housing quality standards has not been corrected 48 by such time. The public housing agency shall recommence assistance 49 payments when such deficiency has been corrected, and may use any 50 payments withheld to make assistance payments relating to the period 51 during which payments were withheld. 52 (c) In the case of any property that within the previous twenty-four 53 months has met the requirements of an inspection that qualifies as an 54 alternative inspection method pursuant to subdivision five of this 55 section, a public housing agency may authorize occupancy before the 56 inspection under paragraph (a) of this subdivision has been completed,S. 7628--A 8 1 and may make assistance payments retroactive to the beginning of the 2 lease term after the unit has been determined pursuant to an inspection 3 under paragraph (a) of this subdivision to meet the housing quality 4 standards under subdivision two of this section. This paragraph may not 5 be construed to exempt any dwelling unit from compliance with the 6 requirements of subdivision four of this section. 7 2. The housing quality standards under this subdivision shall be stan- 8 dards for safe and habitable housing established: 9 (a) by the commissioner for purposes of this subdivision; or 10 (b) by local housing codes or by codes adopted by public housing agen- 11 cies that: 12 (i) meet or exceed housing quality standards, except that the commis- 13 sioner may waive the requirement under this subparagraph to significant- 14 ly increase access to affordable housing and to expand housing opportu- 15 nities for families assisted under this article, except where such 16 waiver could adversely affect the health or safety of families assisted 17 under this article; and 18 (ii) do not severely restrict housing choice. 19 3. The determination required under subdivision one of this section 20 shall be made by the public housing agency (or other entity, as provided 21 in section six hundred twelve of this article) pursuant to an inspection 22 of the dwelling unit conducted before any assistance payment is made for 23 the unit. Inspections of dwelling units under this subdivision shall be 24 made before the expiration of the fifteen day period beginning upon a 25 request by the resident or landlord to the public housing agency or, in 26 the case of any public housing agency that provides assistance under 27 this article on behalf of more than one thousand two hundred fifty fami- 28 lies, before the expiration of a reasonable period beginning upon such 29 request. The performance of the agency in meeting the fifteen day 30 inspection deadline shall be taken into consideration in assessing the 31 performance of the agency. 32 4. (a) Each public housing agency providing assistance under this 33 article (or other entity, as provided in section six hundred twelve of 34 this article) shall, for each assisted dwelling unit, make inspections 35 not less often than annually during the term of the housing assistance 36 payments contract for the unit to determine whether the unit is main- 37 tained in accordance with the requirements under subdivision one of this 38 section. 39 (b) The requirements under paragraph (a) of this subdivision may be 40 complied with by use of inspections that qualify as an alternative 41 inspection method pursuant to subdivision five of this section. 42 (c) The public housing agency (or other entity) shall retain the 43 records of the inspection for a reasonable time, as determined by the 44 commissioner. 45 5. An inspection of a property shall qualify as an alternative 46 inspection method for purposes of this subdivision if: 47 (a) the inspection was conducted pursuant to requirements under a 48 federal, state, or local housing program; and 49 (b) pursuant to such inspection, the property was determined to meet 50 the standards or requirements regarding housing quality or safety appli- 51 cable to properties assisted under such program, and, if a non-state 52 standard or requirement was used, the public housing agency has certi- 53 fied to the commissioner that such standard or requirement provides the 54 same (or greater) protection to occupants of dwelling units meeting such 55 standard or requirement as would the housing quality standards under 56 subdivision two of this section.S. 7628--A 9 1 6. Upon notification to the public housing agency, by an individual or 2 family (on whose behalf tenant-based rental assistance is provided under 3 this article) or by a government official, that the dwelling unit for 4 which such assistance is provided does not comply with the housing qual- 5 ity standards under subdivision two of this section, the public housing 6 agency shall inspect the dwelling unit: 7 (a) in the case of any condition that is life-threatening, within 8 twenty-four hours after the agency's receipt of such notification, 9 unless waived by the commissioner in extraordinary circumstances; and 10 (b) in the case of any condition that is not life-threatening, within 11 a reasonable time frame, as determined by the commissioner. 12 7. The commissioner shall establish procedural guidelines and perform- 13 ance standards to facilitate inspections of dwelling units and conform 14 such inspections with practices utilized in the private housing market. 15 Such guidelines and standards shall take into consideration variations 16 in local laws and practices of public housing agencies and shall provide 17 flexibility to agencies appropriate to facilitate efficient provision of 18 assistance under this section. 19 § 610. Rent. 1. The rent for dwelling units for which a housing 20 assistance payment contract is established under this article shall be 21 reasonable in comparison with rents charged for comparable dwelling 22 units in the private, unassisted local market. 23 2. A public housing agency (or other entity, as provided in section 24 six hundred twelve of this article) shall, at the request of an individ- 25 ual or family receiving tenant-based assistance under this article, 26 assist that individual or family in negotiating a reasonable rent with a 27 dwelling unit owner. A public housing agency (or other such entity) 28 shall review the rent for a unit under consideration by the individual 29 or family (and all rent increases for units under lease by the individ- 30 ual or family) to determine whether the rent (or rent increase) 31 requested by the owner is reasonable. If a public housing agency (or 32 other such entity) determines that the rent (or rent increase) for a 33 dwelling unit is not reasonable, the public housing agency (or other 34 such entity) shall not make housing assistance payments to the owner 35 under this subdivision with respect to that unit. 36 3. If a dwelling unit for which a housing assistance payment contract 37 is established under this article is exempt from local rent control 38 provisions during the term of that contract, the rent for that unit 39 shall be reasonable in comparison with other units in the rental area 40 that are exempt from local rent control provisions. 41 4. Each public housing agency shall make timely payment of any amounts 42 due to a dwelling unit owner under this section. The housing assistance 43 payment contract between the owner and the public housing agency may 44 provide for penalties for the late payment of amounts due under the 45 contract, which shall be imposed on the public housing agency in accord- 46 ance with generally accepted practices in the local housing market. 47 5. Unless otherwise authorized by the commissioner, each public hous- 48 ing agency shall pay any penalties from administrative fees collected by 49 the public housing agency, except that no penalty shall be imposed if 50 the late payment is due to factors that the commissioner determines are 51 beyond the control of the public housing agency. 52 § 611. Vacated units. If an assisted family vacates a dwelling unit 53 for which rental assistance is provided under a housing assistance 54 payment contract before the expiration of the term of the lease for the 55 unit, rental assistance pursuant to such contract may not be provided 56 for the unit after the month during which the unit was vacated.S. 7628--A 10 1 § 612. Leasing of units owned by a public housing agency. 1. If an 2 eligible individual or family assisted under this article leases a 3 dwelling unit (other than a public housing dwelling unit) that is owned 4 by a public housing agency administering assistance to that individual 5 or family under this section, the commissioner shall require the unit of 6 general local government or another entity approved by the commissioner, 7 to make inspections required under section six hundred nine of this 8 article and rent determinations required under section six hundred ten 9 of this article. The agency shall be responsible for any expenses of 10 such inspections and determinations. 11 2. For purposes of this section, the term "owned by a public housing 12 agency" means, with respect to a dwelling unit, that the dwelling unit 13 is in a project that is owned by such agency, by an entity wholly 14 controlled by such agency, or by a limited liability company or limited 15 partnership in which such agency (or an entity wholly controlled by such 16 agency) holds a controlling interest in the managing member or general 17 partner. A dwelling unit shall not be deemed to be owned by a public 18 housing agency for purposes of this section because the agency holds a 19 fee interest as ground lessor in the property on which the unit is situ- 20 ated, holds a security interest under a mortgage or deed of trust on the 21 unit, or holds a non-controlling interest in an entity which owns the 22 unit or in the managing member or general partner of an entity which 23 owns the unit. 24 § 613. Verification of income. The commissioner shall establish proce- 25 dures which are appropriate and necessary to assure that income data 26 provided to the public housing agency and owners by individuals and 27 families applying for or receiving assistance under this article is 28 complete and accurate. In establishing such procedures, the commissioner 29 shall randomly, regularly, and periodically select a sample of families 30 to authorize the commissioner to obtain information on these families 31 for the purpose of income verification, or to allow those families to 32 provide such information themselves. Such information may include, but 33 is not limited to, data concerning unemployment compensation and federal 34 income taxation and data relating to benefits made available under the 35 social security act, 42 U.S.C. 301 et seq., the food and nutrition act 36 of 2008, 7 U.S.C. 2011 et seq., or title 38 of the United State Code. 37 Any such information received pursuant to this section shall remain 38 confidential and shall be used only for the purpose of verifying incomes 39 in order to determine eligibility of individuals and families for bene- 40 fits (and the amount of such benefits, if any) under this article. 41 § 614. Division of an assisted family. 1. In those instances where a 42 family assisted under this article becomes divided into two otherwise 43 eligible individuals or families due to divorce, legal separation or the 44 division of the family, where the new units cannot agree as to which new 45 unit should continue to receive the assistance, and where there is no 46 determination by a court, the public housing authority shall consider 47 the following factors to determine which of the individuals or families 48 will continue to be assisted: 49 (a) which of the new units has custody of dependent children; 50 (b) which family member was the head of household when the voucher was 51 initially issued (listed on the initial application); 52 (c) the composition of the new units and which unit includes elderly 53 or disabled members; 54 (d) whether domestic violence was involved in the breakup of the fami- 55 ly unit; 56 (e) which family members remain in the unit; andS. 7628--A 11 1 (f) recommendations of social service professionals. 2 2. Documentation of these factors will be the responsibility of the 3 requesting parties. If documentation is not provided, the public housing 4 agency will terminate assistance on the basis of failure to provide 5 information necessary for a recertification. 6 § 615. Maintenance of effort. Any funds made available pursuant to 7 this article shall not be used to offset or reduce the amount of funds 8 previously expended for the same or similar programs in a prior year in 9 any county or in the city of New York, but shall be used to supplement 10 any prior year's expenditures. The commissioner may grant an exception 11 to this requirement if any county, municipality, or other governmental 12 entity or public body can affirmatively show that such amount of funds 13 previously expended is in excess of the amount necessary to provide 14 assistance to all individuals and families within the area in which the 15 funds were previously expended who are homeless or facing an imminent 16 loss of housing. 17 § 616. Vouchers statewide. Notwithstanding section six hundred six of 18 this article, any voucher issued pursuant to this article may be used 19 for housing anywhere in the state. The commissioner shall inform voucher 20 holders that a voucher may be used anywhere in the state and, to the 21 extent practicable, the commissioner shall assist voucher holders in 22 finding housing in the area of their choice. 23 § 617. Applicable codes. Housing eligible for participation in the 24 homeless access voucher program shall comply with applicable state and 25 local health, housing, building and safety codes. 26 § 618. Housing choice. 1. The commissioner shall administer the home- 27 less access voucher program under this article to promote housing choice 28 for voucher holders. The commissioner shall affirmatively promote fair 29 housing to the extent possible under this program. 30 2. Nothing in this article shall lessen or abridge any fair housing 31 obligations promulgated by municipalities, localities, or any other 32 applicable jurisdiction. 33 § 2. This act shall take effect on the first of October next succeed- 34 ing the date on which it shall have become a law. Effective immediately, 35 the addition, amendment and/or repeal of any rule or regulation neces- 36 sary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such effective date.
