Bill Text: NY A07095 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates the incentivizing habitability opportunity program; provides that each local social services district shall provide an incentive to owners who enter into a residential lease or rental agreement with an eligible household for a qualified dwelling unit in order to address homelessness and ensure appropriate habitability standards.

Spectrum: Strong Partisan Bill (Democrat 25-2)

Status: (Introduced) 2019-04-30 - reported referred to ways and means [A07095 Detail]

Download: New_York-2019-A07095-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7095
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 5, 2019
                                       ___________
        Introduced  by M. of A. HEVESI, LUPARDO -- read once and referred to the
          Committee on Social Services
        AN ACT to amend the social services law, in relation to establishing the
          incentivizing habitability opportunity program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 2-A of the social services law is amended by adding
     2  a new title 5 to read as follows:
     3                                   TITLE 5
     4               INCENTIVIZING HABITABILITY OPPORTUNITY PROGRAM
     5  Section 53. Landlord incentive for homeless shelters.
     6    §  53.  Landlord  incentive for homeless shelters. 1.  Notwithstanding
     7  any other provision of law to the contrary, each local  social  services
     8  district  shall provide an incentive to owners who enter into a residen-
     9  tial lease or rental agreement with an eligible household for  a  quali-
    10  fied dwelling unit in order to address homelessness and ensure appropri-
    11  ate habitability standards in accordance with this section.
    12    2.  For  the  purposes  of this section: (a) "homeless" shall mean the
    13  lack of a fixed, regular, and adequate nighttime residence;  exiting  an
    14  institution  where  they  resided  and  will  lack  a  regular fixed and
    15  adequate nighttime residence upon release or discharge; having  received
    16  a  court order resulting from an eviction action that notifies the indi-
    17  vidual or family that they must leave  their  housing;  facing  loss  of
    18  housing due to hazardous conditions, including but not limited to asbes-
    19  tos, lead exposure, mold, and radon; or, fleeing, or attempting to flee,
    20  domestic  violence,  dating  violence,  sexual  assault, stalking, human
    21  trafficking or  other  dangerous  or  life-threatening  conditions  that
    22  relate  to  violence against the individual or a family member, provided
    23  further that a written attestation from an individual or  family  member
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06158-02-9

        A. 7095                             2
     1  alleging such abuse and loss of housing shall be sufficient to establish
     2  eligibility.
     3    (b)  "eligible  household" shall mean an individual or family eligible
     4  for or receiving public assistance that is homeless as defined  by  this
     5  section.  A household's eligibility shall not be affected by an individ-
     6  ual's sanction status.
     7    (c) "habitability standard" shall mean the housing  quality  standards
     8  for  safe  and  habitable housing which are established by local housing
     9  codes that meet or exceed housing quality standards,  so  long  as  such
    10  standards do not severely restrict housing choice.
    11    (d)  "qualified  dwelling  unit"  shall mean a unit that (i) meets the
    12  necessary habitability standards as defined  in  this  subdivision;  and
    13  (ii)  the  owner satisfies all the necessary requirements as required by
    14  subdivision three of this section.
    15    3. (a) Each local social services district shall provide an  incentive
    16  in  accordance with subdivision four of this section, to eligible owners
    17  that enter into a residential lease or rental agreement with an eligible
    18  household for a qualified dwelling unit, as defined in  subdivision  one
    19  of this section. For an owner to be eligible to receive an incentive for
    20  a  qualified  dwelling  unit,  the owner of the dwelling unit shall: (i)
    21  enter into a residential lease or rental agreement  in  accordance  with
    22  paragraph (b) of this subdivision with an eligible household for a peri-
    23  od  of  not  less than one year and (ii) ensure that upon inspection, as
    24  required by paragraph (c) of this subdivision, the dwelling  unit  meets
    25  and  maintains the necessary habitability standards as defined in subdi-
    26  vision one of this section throughout the period of the lease.
    27    (b) (i) The residential lease or rental agreement entered into between
    28  the eligible owner of the  qualified  dwelling  unit  and  the  eligible
    29  household  shall  be  consistent with all applicable state and local law
    30  and contain all appropriate provisions applicable to tenants of a dwell-
    31  ing unit which does not  qualify  for  an  incentive  pursuant  to  this
    32  section.
    33    (ii)  The  owner  shall  not  terminate such lease or rental agreement
    34  except for good cause, such as serious or  repeated  violations  of  the
    35  terms  and conditions of the lease or rental agreement, or for violation
    36  of applicable state, or local law.
    37    (iii) Prior to terminating a residential  lease  or  rental  agreement
    38  pursuant  to this section, and in addition to any other notices required
    39  by law, written notice shall be provided to the eligible household spec-
    40  ifying the grounds for such termination, and  any  relief  that  may  be
    41  available which is consistent with applicable state and local law.
    42    (iv)  The  lease  or  rental agreement shall be renewed unless (1) the
    43  owner or a member of the owner's immediate family  needs  the  apartment
    44  for  their  personal use and primary residence, (2) the apartment is not
    45  used as the tenant's primary residence, or (3) the owner wants  to  take
    46  the apartment off the rental market, either to demolish the building for
    47  reconstruction  or  use  it  for other purposes permitted by law. If the
    48  owner is not renewing the lease for any of the above reasons, the  owner
    49  must notify the eligible household in writing at least ninety days prior
    50  to the end of the existing lease.
    51    (c) (i) Prior to providing the owner of an eligible dwelling unit with
    52  an  incentive  as  authorized  by  this section, the commissioner shall,
    53  either directly or through a contract  with  a  not-for-profit,  inspect
    54  each  dwelling  unit  prior to the owner entering into a new residential
    55  lease or rental agreement with an eligible household, anytime the eligi-
    56  ble household transfers to a new unit with the owner and annually there-

        A. 7095                             3
     1  after in instances when the lease or rental agreement extends  beyond  a
     2  year.  Such  dwelling  unit  shall  be required to be inspected prior to
     3  every new residential lease or rental agreement  that  is  entered  into
     4  with an eligible household, for so long as the owner seeks to receive an
     5  incentive  pursuant  to  this section. Upon inspection, the local social
     6  services district, shall ensure that the dwelling unit meets the habita-
     7  bility standard, as defined in this section.
     8    (ii) No such incentive shall be provided if the dwelling unit fails to
     9  meet all the necessary requirements of the habitability  standard.  Such
    10  prorate  share  of the incentive shall be withheld until the owner makes
    11  all the necessary changes required to meet the habitability standard and
    12  passes a follow up inspection. To the extent that the owner can show the
    13  violations were caused by a member of the eligible household, the  owner
    14  may  be  provided an extension to fix the cited violations and be re-in-
    15  spected in an appropriate period of time, as  determined  by  the  local
    16  social services district.
    17    (iii)  Any  time  during the lease or rental agreement, a member of an
    18  eligible household may  request  an  additional  inspection,  citing  an
    19  owner's  failure to maintain habitability standards, as required by this
    20  section.
    21    (iv) Each local social services  district  shall  maintain  a  written
    22  record  detailing  the  inspections and re-inspections for each dwelling
    23  unit for the period of the eligible household's tenancy  and  for  three
    24  years  subsequent  to the end of such tenancy and shall make the records
    25  available upon request to the state comptroller.
    26    4. (a) Each local social services district shall provide an  incentive
    27  to the owner of a qualifying dwelling unit, that meets all the necessary
    28  requirements  specified  in  subdivision  three  of  this section, in an
    29  amount equal to five hundred dollars for every eligible  individual  and
    30  one  thousand  dollars  for every eligible family. The incentive will be
    31  paid to the owner on a monthly basis. The incentive shall be  issued  by
    32  the  local  social services district directly to the owner of the quali-
    33  fied dwelling unit.
    34    (b) The incentive shall be provided to  the  owner  of  the  qualified
    35  dwelling unit (i) during the period of the eligible household's tenancy;
    36  (ii)  until the date the eligible household vacates the qualified dwell-
    37  ing unit prior to the expiration date of the lease or rental  agreement;
    38  or  (iii) until the effective date of the notice of eviction received by
    39  the eligible household issued pursuant to a court proceeding.
    40    (c) In the event that the owner of the eligible dwelling  unit  wrong-
    41  fully and/or prematurely terminates the lease in violation of applicable
    42  state  or local law, the owner shall reimburse the local social services
    43  district the amount of the incentive provided to date.
    44    § 2. Section 153 of the social services law is amended by adding a new
    45  subdivision 18 to read as follows:
    46    18. Notwithstanding any other provision of law to  the  contrary,  one
    47  hundred  percent of costs for incentives required by section fifty-three
    48  of this chapter shall be subject  to  reimbursement  by  the  state,  as
    49  follows:
    50    (a)  by  federal  funds  that can be properly applied to such expendi-
    51  tures; and
    52    (b) the remainder to be paid by state funds.
    53    § 3. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.
feedback