Bill Text: NY A04021 | 2023-2024 | 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 housing access voucher local administrators in the state to administer the program.
Spectrum: Partisan Bill (Democrat 67-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A04021 Detail]
Download: New_York-2023-A04021-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4021--A 2023-2024 Regular Sessions IN ASSEMBLY February 9, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, HUNTER, MEEKS, JOYNER, DINOWITZ, AUBRY, LUPARDO, RAMOS, GLICK, BICHOTTE HERMELYN, KELLES, MITAYNES, SIMON, KIM, DAVILA, GALLAGHER, CRUZ, LEVENBERG, WEPRIN, BRONSON, SEAWRIGHT, GONZALEZ-ROJAS, PAULIN, HEVESI, WALKER, REYES, COLTON, FAHY, CARROLL, TAYLOR, JACKSON, LEE, ROZIC, EPSTEIN, JACOBSON, DICK- ENS, MAMDANI, CLARK, FORREST, OTIS, ANDERSON, ZINERMAN, SEPTIMO, BURGOS, DILAN, BORES, LUNSFORD, SHRESTHA, BURDICK, SIMONE, CHANDLER-WATERMAN, TAPIA, O'DONNELL, BENEDETTO, DE LOS SANTOS, GIBBS, LUCAS, ARDILA, RAGA, SOLAGES, SHIMSKY, ALVAREZ, CUNNINGHAM -- Multi- Sponsored by -- M. of A. COOK -- read once and referred to the Commit- tee on Housing -- reported and referred to the Committee on Ways and Means -- 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-A to read as follows: 3 ARTICLE 14-A 4 HOUSING ACCESS VOUCHER PROGRAM 5 Section 605. Legislative findings. 6 606. Definitions. 7 607. Housing access voucher program. 8 608. Eligibility. 9 609. Funding allocation and distribution. 10 610. Payment of housing vouchers. 11 611. Leases and tenancy. 12 612. Rental obligation. 13 613. Monthly assistance payment. 14 614. Inspection of units. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01985-05-3A. 4021--A 2 1 615. Rent. 2 616. Vacated units. 3 617. Leasing of units owned by a housing access voucher local 4 administrator. 5 618. Verification of income. 6 619. Division of an assisted family. 7 620. Maintenance of effort. 8 621. Vouchers statewide. 9 622. Applicable codes. 10 623. Housing choice. 11 § 605. Legislative findings. The legislature finds that it is in the 12 public interest of the state to ensure that individuals and families are 13 not rendered homeless because of an inability to pay the cost of hous- 14 ing, and to aid individuals and families who are homeless or face an 15 imminent loss of housing in obtaining and maintaining suitable permanent 16 housing in accordance with the provisions of this article. 17 § 606. Definitions. For the purposes of this article, the following 18 terms shall have the following meanings: 19 1. "Homeless" means lacking a fixed, regular, and adequate nighttime 20 residence; having a primary nighttime residence that is a public or 21 private place not designed for or ordinarily used as a regular sleeping 22 accommodation for human beings, including a car, park, abandoned build- 23 ing, bus or train station, airport, campground, or other place not meant 24 for human habitation; living in a supervised publicly or privately oper- 25 ated shelter designated to provide temporary living arrangements 26 (including hotels and motels paid for by federal, state or local govern- 27 ment programs for low-income individuals or by charitable organizations, 28 congregate shelters, or transitional housing); exiting an institution 29 where an individual or family has resided and lacking a regular fixed 30 and adequate nighttime residence upon release or discharge; individuals 31 released or scheduled to be released from incarceration and lacking a 32 regular fixed and adequate nighttime residence upon release or 33 discharge; being a homeless family with children or unaccompanied youth 34 defined as homeless under 42 U.S.C. § 11302(a); having experienced a 35 long-term period without living independently in permanent housing or 36 having experienced persistent instability as measured by frequent moves 37 and being reasonably expected to continue in such status for an extended 38 period of time because of chronic disabilities, chronic physical health 39 or mental health conditions, substance addiction, histories of domestic 40 violence or childhood abuse, the presence of a child or youth with a 41 disability, multiple barriers to employment, or other dangerous or life- 42 threatening conditions, including conditions that relate to violence 43 against an individual or a family member. 44 2. "Imminent loss of housing" means having received a verified rent 45 demand or a petition for eviction; having received a court order result- 46 ing from an eviction action that notifies the individual or family that 47 they must leave their housing; facing loss of housing due to a court 48 order to vacate the premises due to hazardous conditions, which may 49 include but not be limited to asbestos, lead exposure, mold, and radon; 50 having a primary nighttime residence that is a room in a hotel or motel 51 and lacking the resources necessary to stay; facing loss of the primary 52 nighttime residence, which may include living in the home of another 53 household, where the owner or renter of the housing will not allow the 54 individual or family to stay, provided further, that an assertion from 55 an individual or family member alleging such loss of housing or home- 56 lessness shall be sufficient to establish eligibility; or fleeing orA. 4021--A 3 1 attempting to flee domestic violence, dating violence, sexual assault, 2 stalking, human trafficking or other dangerous or life-threatening 3 conditions that relate to violence against the individual or a family 4 member, provided further that an assertion from an individual or family 5 member alleging such abuse and loss of housing shall be sufficient to 6 establish eligibility. 7 3. "Public housing agency" means any county, municipality, or other 8 governmental entity or public body that is authorized to administer any 9 public housing program (or an agency or instrumentality of such an enti- 10 ty), and any other public or private non-profit entity that administers 11 any other public housing program or assistance. 12 4. "Section 8 local administrator" means a public housing agency that 13 administers the Section 8 Housing Choice Voucher program under section 8 14 of the United States housing act of 1937 within a community, county or 15 region, or statewide, on behalf of and under contract with the housing 16 trust fund corporation. 17 5. "Housing access voucher local administrator" means a public housing 18 agency, as defined in subdivision three of this section, or Section 8 19 local administrator designated to administer the housing access voucher 20 program within a community, county or region, or statewide, on behalf of 21 and under contract with the housing trust fund corporation. In the city 22 of New York, the housing access voucher local administrator shall be the 23 New York city department of housing preservation and development, or the 24 New York city housing authority, or both. 25 6. "Family" means a group of persons residing together. Such group 26 includes, but is not limited to a family with or without children (a 27 child who is temporarily away from the home because of placement in 28 foster care is considered a member of the family) or any remaining 29 members of a tenant family. The commissioner shall have the discretion 30 to determine if any other group of persons qualifies as a family. 31 7. "Owner" means any private person or any entity, including a cooper- 32 ative, an agency of the federal government, or a public housing agency, 33 having the legal right to lease or sublease dwelling units. 34 8. "Dwelling unit" means a single-family dwelling, including attached 35 structures such as porches and stoops; or a single-family dwelling unit 36 in a structure that contains more than one separate residential dwelling 37 unit, and in which each such unit is used or occupied, or intended to be 38 used or occupied, in whole or in part, as the residence of one or more 39 persons. 40 9. "Income" shall mean the same as it is defined by 24 CFR § 5.609 and 41 any amendments thereto. 42 10. "Adjusted income" shall mean the same as it is defined by 24 CFR § 43 5.611 and any amendments thereto. 44 11. "Reasonable rent" means rent not more than the rent charged on 45 comparable units in the private unassisted market and rent charged for 46 comparable unassisted units in the premises. 47 12. "Fair market rent" means the fair market rent for each rental area 48 as promulgated annually by the United States department of housing and 49 urban development pursuant to 42 U.S.C. 1437f. 50 13. "Voucher" means a document issued by the housing trust fund corpo- 51 ration pursuant to this article to an individual or family selected for 52 admission to the housing access voucher program, which describes such 53 program and the procedures for approval of a unit selected by the family 54 and states the obligations of the individual or family under the 55 program.A. 4021--A 4 1 14. "Lease" means a written agreement between an owner and a tenant 2 for the leasing of a dwelling unit to the tenant. The lease establishes 3 the conditions for occupancy of the dwelling unit by an individual or 4 family with housing assistance payments under a contract between the 5 owner and the housing access voucher local administrator. 6 15. "Dependent" means any member of the family who is neither the head 7 of household, nor the head of the household's spouse, and who is: 8 (a) under the age of eighteen; 9 (b) a person with a disability; or 10 (c) a full-time student. 11 16. "Elderly" means a person sixty-two years of age or older. 12 17. "Child care expenses" means expenses relating to the care of chil- 13 dren under the age of thirteen. 14 18. "Severely rent burdened" means those individuals and families who 15 pay more than fifty percent of their income in rent as defined by the 16 United States census bureau. 17 19. "Disability" means: 18 (a) the inability to engage in any substantial gainful activity by 19 reason of any medically determinable physical or mental impairment which 20 can be expected to result in death or which has lasted or can be 21 expected to last for a continuous period of not less than twelve months; 22 or 23 (b) in the case of an individual who has attained the age of fifty- 24 five and is blind, the inability by reason of such blindness to engage 25 in substantial gainful activity requiring skills or abilities comparable 26 to those of any gainful activity in which they have previously engaged 27 with some regularity and over a substantial period of time; or 28 (c) a physical, mental, or emotional impairment which: 29 (i) is expected to be of long-continued and indefinite duration; 30 (ii) substantially impedes his or her ability to live independently; 31 and 32 (iii) is of such a nature that such ability could be improved by more 33 suitable housing conditions; or 34 (d) a developmental disability that is a severe, chronic disability of 35 an individual that: 36 (i) is attributable to a mental or physical impairment or combination 37 of mental and physical impairments; 38 (ii) is manifested before the individual attains age twenty-two; 39 (iii) is likely to continue indefinitely; 40 (iv) results in substantial functional limitations in three or more of 41 the following areas of major life activity: 42 (A) self-care; 43 (B) receptive and expressive language; 44 (C) learning; 45 (D) mobility; 46 (E) self-direction; 47 (F) capacity for independent living; or 48 (G) economic self-sufficiency; and 49 (v) reflects the individual's need for a combination and sequence of 50 special, interdisciplinary, or generic services, individualized 51 supports, or other forms of assistance that are of lifelong or extended 52 duration and are individually planned and coordinated. 53 § 607. Housing access voucher program. The commissioner, subject to 54 the appropriation of funds for this purpose, shall implement a program 55 of rental assistance in the form of housing vouchers for eligible indi- 56 viduals and families who are homeless or who face an imminent loss ofA. 4021--A 5 1 housing in accordance with the provisions of this article. The housing 2 trust fund corporation shall issue vouchers pursuant to this article, 3 subject to appropriation of funds for this purpose, and may contract 4 with the division of housing and community renewal to administer any 5 aspect of this program in accordance with the provisions of this arti- 6 cle. The commissioner shall designate housing access voucher local 7 administrators in the state to make vouchers available to such individ- 8 uals and families and to administer other aspects of the program in 9 accordance with the provisions of this article. 10 § 608. Eligibility. The commissioner shall promulgate standards for 11 determining eligibility for assistance under this program. Individuals 12 and families who meet the standards shall be eligible regardless of 13 immigration status. Eligibility shall be limited to individuals and 14 families who are homeless or facing imminent loss of housing. Housing 15 access voucher local administrators may rely on a certification from a 16 social services provider serving homeless individuals, including, but 17 not limited to, homeless shelters to determine whether an applicant 18 qualifies as a homeless individual or family. 19 1. An individual or family shall be eligible for this program if they 20 are homeless or facing imminent loss of housing and have an income of no 21 more than fifty percent of the area median income, as defined by the 22 United States department of housing and urban development. 23 2. An individual or family in receipt of rental assistance pursuant to 24 this program shall be no longer financially eligible for such assistance 25 under this program when thirty percent of the individual's or family's 26 adjusted income is greater than or equal to the total rent for the 27 dwelling unit. 28 3. When an individual or family becomes financially ineligible for 29 rental assistance under this program pursuant to subdivision two of this 30 section, the individual or family shall retain rental assistance for a 31 period no shorter than one year, subject to appropriation of funds for 32 this purpose. 33 4. Income eligibility shall be verified prior to a housing access 34 voucher local administrator's initial determination to provide rental 35 assistance for this program and upon determination of such eligibility, 36 an individual or family shall annually certify their income for the 37 purpose of determining continued eligibility and any adjustments to such 38 rental assistance. 39 5. The commissioner may collaborate with the office of temporary and 40 disability assistance and other state and city agencies to allow a hous- 41 ing access voucher local administrator to access income information for 42 the purpose of determining an individual's or family's initial and 43 continued eligibility for the program. 44 6. Reviews of income shall be made no less frequently than annually. 45 § 609. Funding allocation and distribution. 1. Subject to appropri- 46 ation, funding shall be allocated by the commissioner in each county 47 except for those counties located within the city of New York, the 48 initial allocation shall be in proportion to the number of households in 49 each county or the city of New York who are severely rent burdened based 50 on data published by the United States census bureau. Funding for coun- 51 ties located within the city of New York shall be allocated directly to 52 the New York city department of housing preservation and development 53 and/or the New York city housing authority, as appropriate, in propor- 54 tion to the number of households in New York city as compared to the 55 rest of the state of New York who are severely rent burdened based on 56 data published by the United States census bureau.A. 4021--A 6 1 2. The commissioner shall be responsible for distributing the funds 2 allocated in each county not located within the city of New York among 3 housing access voucher local administrators operating in each county or 4 in the city of New York. 5 3. Priority shall be given to applicants who are homeless. The commis- 6 sioner shall have the discretion to establish further priorities as 7 appropriate. 8 4. Up to ten percent of the funds allocated may be used by the commis- 9 sioner and the housing access voucher local administrator for adminis- 10 trative expenses attributable to administering the housing access vouch- 11 er program. 12 § 610. Payment of housing vouchers. 1. The housing voucher shall be 13 paid directly to any owner under a contract between the owner of the 14 dwelling unit to be occupied by the voucher recipient and the appropri- 15 ate housing access voucher local administrator. The commissioner shall 16 determine the form of the housing assistance payment contract and the 17 method of payment. A housing assistance payment contract entered into 18 pursuant to this section shall establish the payment standard (including 19 utilities and all maintenance and management charges) which the owner is 20 entitled to receive for each dwelling unit with respect to which such 21 assistance payments are to be made. The payment standard shall not 22 exceed one hundred twenty percent nor be less than ninety percent of the 23 fair market rent for the rental area in which it is located. Fair 24 market rent shall be determined pursuant to the procedures and standards 25 as set forth in the Federal Housing Choice voucher program, as set forth 26 in the applicable sections of Part 888 of Title 24 of the Code of Feder- 27 al Regulations. Fair market rent for a rental area shall be published 28 not less than annually by the commissioner and shall be made available 29 on the website of New York state homes and community renewal. 30 2. A housing assistance payment contract entered into pursuant to 31 subdivision one of this section may provide for an initial payment of up 32 to five months of rent arrears that have accrued during prior occupancy 33 of a dwelling unit by a voucher recipient if such payment of arrears is 34 necessary to continue such voucher recipient's occupancy of such dwell- 35 ing unit, and thereby prevent imminent loss of housing. 36 § 611. Leases and tenancy. Each housing assistance payment contract 37 entered into by a housing access voucher local administrator and the 38 owner of a dwelling unit shall provide: 39 1. that the lease between the tenant and the owner shall be for a term 40 of not less than one year, except that the housing access voucher local 41 administrator may approve a shorter term for an initial lease between 42 the tenant and the dwelling unit owner if the housing access voucher 43 local administrator determines that such shorter term would improve 44 housing opportunities for the tenant and if such shorter term is consid- 45 ered to be a prevailing local market practice; 46 2. that the dwelling unit owner shall offer leases to tenants assisted 47 under this article that: 48 (a) are in a standard form used in the locality by the dwelling unit 49 owner; and 50 (b) contain terms and conditions that: 51 (i) are consistent with state and local law; and 52 (ii) apply generally to tenants in the property who are not assisted 53 under this article; 54 (c) shall provide that during the term of the lease, the owner shall 55 not terminate the tenancy except for serious or repeated violation of 56 the terms and conditions of the lease, for violation of applicable stateA. 4021--A 7 1 or local law, or for other good cause, including, but not limited to, 2 the non-payment of the tenant's portion of the rent owed, and in the 3 case of an owner who is an immediate successor in interest pursuant to 4 foreclosure during the term of the lease vacating the property prior to 5 sale shall not constitute other good cause, except that the owner may 6 terminate the tenancy effective on the date of transfer of the unit to 7 the owner if the owner: 8 (i) will occupy the unit as a primary residence; and 9 (ii) has provided the tenant a notice to vacate at least ninety days 10 before the effective date of such notice; 11 (d) shall provide that any termination of tenancy under this section 12 shall be preceded by the provision of written notice by the owner to the 13 tenant specifying the grounds for that action, and any relief shall be 14 consistent with applicable state and local law; 15 3. that any unit under an assistance contract originated under this 16 article shall only be occupied by the individual or family designated in 17 said contract and shall be the designated individual or family's primary 18 residence. Contracts shall not be transferable between units and shall 19 not be transferable between recipients. A family or individual may 20 transfer their voucher to a different unit under a new contract pursuant 21 to this article; 22 4. that an owner shall not charge more than a reasonable rent as 23 defined in section six hundred six of this article. 24 § 612. Rental obligation. The monthly rental obligation for an indi- 25 vidual or family receiving housing assistance pursuant to the housing 26 access voucher program shall be the greater of: 27 1. thirty percent of the monthly adjusted income of the family or 28 individual; or 29 2. If the family or individual is receiving payments for welfare 30 assistance from a public agency and a part of those payments, adjusted 31 in accordance with the actual housing costs of the family, is specif- 32 ically designated by that agency to meet the housing costs of the fami- 33 ly, the portion of those payments that is so designated. These payments 34 include, but are not limited to any shelter assistance or housing 35 assistance administered by any federal, state or local agency. 36 § 613. Monthly assistance payment. 1. The amount of the monthly 37 assistance payment with respect to any dwelling unit shall be the 38 difference between the maximum monthly rent which the contract provides 39 that the owner is to receive for the unit and the rent the individual or 40 family is required to pay under section six hundred twelve of this arti- 41 cle. 42 2. The commissioner shall establish maximum rent levels for different 43 sized rentals in each rental area in a manner that promotes the use of 44 the program in all localities based on the fair market rent of the 45 rental area. Rental areas shall be determined by the commissioner. The 46 commissioner may rely on data or other information promulgated by any 47 other state or federal agency in determining the rental areas and fair 48 market rent. 49 3. The payment standard for each size of dwelling unit in a rental 50 area shall not be less than ninety percent and shall not exceed one 51 hundred twenty percent of the fair market rent established in section 52 six hundred six of this article for the same size of dwelling unit in 53 the same rental area, except that the commissioner shall not be required 54 as a result of a reduction in the fair market rent to reduce the payment 55 standard applied to a family continuing to reside in a unit for whichA. 4021--A 8 1 the family was receiving assistance under this article at the time the 2 fair market rent was reduced. 3 § 614. Inspection of units. Inspection of units shall be conducted 4 pursuant to the procedures and standards of the Federal Housing Choice 5 voucher program, as set forth in the applicable sections of Part 982 of 6 Title 24 of the Code of Federal Regulations. 7 § 615. Rent. 1. The rent for dwelling units for which a housing 8 assistance payment contract is established under this article shall be 9 reasonable in comparison with rents charged for comparable dwelling 10 units in the private, unassisted local market. 11 2. A housing access voucher local administrator (or other entity, as 12 provided in section six hundred seventeen of this article) may, at the 13 request of an individual or family receiving assistance under this arti- 14 cle, assist that individual or family in negotiating a reasonable rent 15 with a dwelling unit owner. A housing access voucher local administrator 16 (or other such entity) shall review the rent for a unit under consider- 17 ation by the individual or family (and all rent increases for units 18 under lease by the individual or family) to determine whether the rent 19 (or rent increase) requested by the owner is reasonable. If a housing 20 access voucher local administrator (or other such entity) determines 21 that the rent (or rent increase) for a dwelling unit is not reasonable, 22 the housing access voucher local administrator (or other such entity) 23 shall not make housing assistance payments to the owner under this 24 subdivision with respect to that unit. 25 3. If a dwelling unit for which a housing assistance payment contract 26 is established under this article is exempt from local rent control 27 provisions during the term of that contract, the rent for that unit 28 shall be reasonable in comparison with other units in the rental area 29 that are exempt from local rent control provisions. 30 4. Each housing access voucher local administrator shall make timely 31 payment of any amounts due to a dwelling unit owner under this section, 32 subject to appropriation of funds for this purpose. 33 § 616. Vacated units. If an assisted family vacates a dwelling unit 34 for which rental assistance is provided under a housing assistance 35 payment contract before the expiration of the term of the lease for the 36 unit, rental assistance pursuant to such contract may not be provided 37 for the unit after the month during which the unit was vacated. 38 § 617. Leasing of units owned by a housing access voucher local admin- 39 istrator. 1. If an eligible individual or family assisted under this 40 article leases a dwelling unit (other than a public housing dwelling 41 unit) that is owned by a housing access voucher local administrator 42 administering assistance to that individual or family under this 43 section, the commissioner shall require the unit of general local 44 government or another entity approved by the commissioner, to make 45 inspections required under section six hundred fourteen of this article 46 and rent determinations required under section six hundred fifteen of 47 this article. The housing access voucher local administrator shall be 48 responsible for any expenses of such inspections and determinations, 49 subject to the appropriation of funds for this purpose. 50 2. For purposes of this section, the term "owned by a housing access 51 voucher local administrator" means, with respect to a dwelling unit, 52 that the dwelling unit is in a project that is owned by such administra- 53 tor, by an entity wholly controlled by such administrator, or by a 54 limited liability company or limited partnership in which such adminis- 55 trator (or an entity wholly controlled by such administrator) holds a 56 controlling interest in the managing member or general partner. A dwell-A. 4021--A 9 1 ing unit shall not be deemed to be owned by a housing access voucher 2 local administrator for purposes of this section because such adminis- 3 trator holds a fee interest as ground lessor in the property on which 4 the unit is situated, holds a security interest under a mortgage or deed 5 of trust on the unit, or holds a non-controlling interest in an entity 6 which owns the unit or in the managing member or general partner of an 7 entity which owns the unit. 8 § 618. Verification of income. The commissioner shall establish proce- 9 dures which are appropriate and necessary to assure that income data 10 provided to the housing access voucher local administrator and owners by 11 individuals and families applying for or receiving assistance under this 12 article is complete and accurate. In establishing such procedures, the 13 commissioner shall randomly, regularly, and periodically select a sample 14 of families to authorize the commissioner to obtain information on these 15 families for the purpose of income verification, or to allow those fami- 16 lies to provide such information themselves. Such information may 17 include, but is not limited to, data concerning unemployment compen- 18 sation and federal income taxation and data relating to benefits made 19 available under the social security act, 42 U.S.C. 301 et seq., the food 20 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the 21 United States Code. Any such information received pursuant to this 22 section shall remain confidential and shall be used only for the purpose 23 of verifying incomes in order to determine eligibility of individuals 24 and families for benefits (and the amount of such benefits, if any) 25 under this article. 26 § 619. Division of an assisted family. 1. In those instances where a 27 family assisted under this article becomes divided into two otherwise 28 eligible individuals or families due to divorce, legal separation or the 29 division of the family, where such individuals or families cannot agree 30 as to which such individual or family should continue to receive the 31 assistance, and where there is no determination by a court, the housing 32 access voucher local administrator shall consider the following factors 33 to determine which of the individuals or families will continue to be 34 assisted: 35 (a) which of such individuals or families has custody of dependent 36 children; 37 (b) which such individual was the head of household when the voucher 38 was initially issued as listed on the initial application; 39 (c) the composition of such individuals and families and which such 40 family includes elderly or disabled members; 41 (d) whether domestic violence was involved in the breakup of such 42 family; 43 (e) which family members remain in the unit; and 44 (f) recommendations of social services professionals. 45 2. Documentation of these factors will be the responsibility of the 46 requesting parties. If documentation is not provided, the housing access 47 voucher local administrator will terminate assistance on the basis of 48 failure to provide information necessary for a recertification. 49 § 620. Maintenance of effort. Any funds made available pursuant to 50 this article shall not be used to offset or reduce the amount of funds 51 previously expended for the same or similar programs in a prior year in 52 any county or in the city of New York, but shall be used to supplement 53 any prior year's expenditures. The commissioner may grant an exception 54 to this requirement if any county, municipality, or other governmental 55 entity or public body can affirmatively show that such amount of funds 56 previously expended is in excess of the amount necessary to provideA. 4021--A 10 1 assistance to all individuals and families within the area in which the 2 funds were previously expended who are homeless or facing an imminent 3 loss of housing. 4 § 621. Vouchers statewide. Notwithstanding section six hundred eleven 5 of this article, any voucher issued pursuant to this article may be used 6 for housing anywhere in the state. The commissioner shall inform voucher 7 holders that a voucher may be used anywhere in the state and, to the 8 extent practicable, the commissioner shall assist voucher holders in 9 finding housing in the area of their choice. Provided further, however, 10 that a voucher must be used in the county in which it was issued, or 11 within the city of New York, if the voucher was issued within the city 12 of New York, for no less than one year before it can be used in a 13 different jurisdiction, unless the issuing housing access voucher local 14 administrator grants a waiver, or the voucher holder, or a family member 15 thereof, is or has been the victim of domestic violence, dating 16 violence, sexual assault, or stalking. 17 § 622. Applicable codes. Housing eligible for participation in the 18 housing access voucher program shall comply with applicable state and 19 local health, housing, building and safety codes. 20 § 623. Housing choice. 1. The commissioner shall administer the hous- 21 ing access voucher program under this article to promote housing choice 22 for voucher holders. The commissioner shall affirmatively promote fair 23 housing to the extent possible under this program. 24 2. Nothing in this article shall lessen or abridge any fair housing 25 obligations promulgated by municipalities, localities, or any other 26 applicable jurisdiction. 27 § 2. This act shall take effect on the ninetieth day after it shall 28 have become a law. Effective immediately, the addition, amendment and/or 29 repeal of any rule, regulation, plan or guidance document necessary for 30 the implementation of this act on its effective date are authorized to 31 be made and completed on or before such effective date; provided further 32 that any rule, regulation, plan or guidance document shall apply only to 33 those counties located outside of the city of New York. The New York 34 city department of housing preservation and development and the New York 35 city housing authority, as applicable, shall promulgate or release 36 rules, regulations, plans or guidance documents as necessary for the 37 implementation of this act within the city of New York.
