Bill Text: NY A05444 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides a rental subsidy to persons in the nursing facility transition and diversion waiver program.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-02-12 - referred to housing [A05444 Detail]

Download: New_York-2019-A05444-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
        Introduced  by  M.  of  A. TITUS, COOK, PAULIN, CAHILL, LAVINE -- Multi-
          Sponsored by -- M.   of A. PEOPLES-STOKES,  PERRY  --  read  once  and
          referred to the Committee on Housing
        AN  ACT to amend the public housing law, in relation to a rental housing
          subsidy program for certain nursing facility transition and  diversion
          medicaid  waiver  participants;  and  providing for the repeal of such
          provisions upon expiration thereof
          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  2-B to read as follows:
     3                                  ARTICLE 2-B
     4                              NURSING FACILITY
     6  Section 26.   Legislative findings.
     7          26-a. Definitions.
     8          26-b. Rental housing subsidy program.
     9          26-c. Administrative provisions.
    10    § 26. Legislative findings. The legislature  hereby  finds  that  five
    11  thousand persons with disabilities will be leaving nursing facilities or
    12  diverted from entering a nursing facility at the onset of their disabil-
    13  ity.    Many  of  these  individuals will need affordable and accessible
    14  housing which is in  very  short  supply  in  New  York  state.  Without
    15  adequate  income due to the monthly SSI or SSDI rates, these individuals
    16  will not be able to find adequate housing to implement the  purposes  of
    17  the  nursing  facility transition and diversion waiver. In order for the
    18  waiver to be effective and to generate savings of state and local  Medi-
    19  caid  dollars  estimated  from eighty-two million dollars to one hundred
    20  sixty million dollars using a formula established by the New York  state
    21  education  department, VESID, it is essential that some of these savings
    22  be re-invested in a housing subsidy for such waiver participants.  With-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5444                             2
     1  out  such  a re-investment New York state will not realize the potential
     2  savings.
     3    Therefore,  the  legislature deems this rental housing subsidy program
     4  to be in the public interest.
     5    § 26-a. Definitions. As used in  this  article,  the  following  terms
     6  shall  have  the  following meanings unless the context clearly requires
     7  otherwise:
     8    1. "Division"  shall  mean  the  division  of  housing  and  community
     9  renewal.
    10    2. "Commissioner" shall mean the commissioner of the division of hous-
    11  ing and community renewal.
    12    3.  "Eligible  person"  shall  mean  an individual who has been deemed
    13  eligible for and accepted  into  the  nursing  facility  transition  and
    14  diversion  Medicaid  waiver  program  pursuant  to  subdivision six-a of
    15  section three hundred sixty-six of the social services law.
    16    4. "Approved rental housing" shall  mean  decent,  sanitary  and  safe
    17  housing unit with reasonable accessibility accommodations for the eligi-
    18  ble applicant.
    19    §  26-b.  Rental housing subsidy program. 1. The division shall estab-
    20  lish a rental  housing  subsidy  program,  modeled  after  the  existing
    21  department of health-run traumatic brain injury subsidy program, subject
    22  to  the  availability  of  moneys,  for  eligible persons. Such eligible
    23  persons shall receive rental subsidy payments upon written  verification
    24  that such person, or his or her representative, has entered into a valid
    25  lease agreement for approved rental housing in New York state.
    26    2.  The  division  shall consider the financial status of such persons
    27  only for the purpose of determining the amount of  the  payments  to  be
    28  made, pursuant to subdivision five of this section.
    29    3. Such payments shall continue to be issued monthly, or on such other
    30  periodic  basis as may be provided in the lease agreement, for the dura-
    31  tion of such lease agreement, renewal thereof, or  upon  termination  of
    32  such  lease  and  entrance  into  a  new lease agreement for an approved
    33  rental housing unit. No payments may be made pursuant to  this  subdivi-
    34  sion  if  the  division determines that the eligible person is no longer
    35  legally responsible for the rental agreement or living in  the  approved
    36  rental housing unit.
    37    4. The agreement provided for in subdivision one of this section shall
    38  be  subject  to the approval of the division upon the application of the
    39  eligible person, or his or her representative; provided,  however,  that
    40  in  accordance  with  the  regulations of the division, the division may
    41  authorize the commissioner of health to approve or disapprove the appli-
    42  cation on behalf of the division. In  either  situation,  the  agreement
    43  shall be approved or disapproved within thirty days of receipt.
    44    5.  The  amount  of  the monthly payment made pursuant to this section
    45  shall be four hundred thirty-five  dollars  per  individual  and  eleven
    46  hundred seventy-two dollars per couple entering a lease agreement in New
    47  York  city,  Nassau, Rockland, Suffolk or Westchester counties; and four
    48  hundred five dollars per individual and eleven  hundred  twelve  dollars
    49  per  couple  entering  a lease agreement in any other county in New York
    50  state. Periodic increases in such payment levels, subject to availabili-
    51  ty of moneys, shall mirror the percentage  increases  in  state  supple-
    52  mental  security income benefit rates as provided in section two hundred
    53  ten of the social services law.
    54    6. Except as may be required by federal law as a condition for federal
    55  reimbursement of public assistance  expenditures,  payments  under  this

        A. 5444                             3
     1  section shall not be considered for the purpose of determining eligibil-
     2  ity for public assistance or medical assistance for needy persons.
     3    § 26-c.  Administrative provisions. 1. The commissioner shall provide,
     4  by  regulations,  for the administration of the provisions of this arti-
     5  cle.   Such regulations shall include,  but  need  not  be  limited  to,
     6  provisions  for oversight of the program in a manner consistent with the
     7  intent of this article.
     8    2. Rental assistance payments pursuant to this article may be  pledged
     9  by  the  sponsor  in  connection  with the financing or refinancing of a
    10  project, subject to any conditions prescribed in the housing  assistance
    11  contract, but no such pledge shall create any obligation or liability on
    12  the  part  of  the  state or any agency or instrumentality thereof other
    13  than that prescribed in the contract.
    14    3. Nothing in this article shall  prevent  the  eligible  person  from
    15  seeking  or  accepting any other form of governmental subsidy or assist-
    16  ance.
    17    4. The commissioner shall require that all persons who receive  finan-
    18  cial  assistance  pursuant  to  this article shall comply with all regu-
    19  lations applicable to the program adopted by the division.  The  commis-
    20  sioner  may  terminate  any  payments  upon a finding that a substantial
    21  violation of such regulations or laws has  remained  uncorrected  for  a
    22  substantial period of time.
    23    5.  On  or  before  February  first, two thousand twenty-one and on or
    24  before February first of each year thereafter in  which  payments  under
    25  this  section  are in force, the commissioner shall submit to the gover-
    26  nor, the temporary president of the senate and the speaker of the assem-
    27  bly a report detailing progress and evaluating results, to date, of  the
    28  program.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law and shall expire 3 years after such effective
    31  date  when  upon  such  date  the provisions of this act shall be deemed
    32  repealed.