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 - Dead) 2020-01-06 - enacting clause stricken [A05444 Detail]
Download: New_York-2019-A05444-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5444 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 5 TRANSITION AND DIVERSION RENTAL SUBSIDY PROGRAM 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. LBD05866-01-9A. 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 thisA. 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.
