Bill Text: NY S08652 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to emergency rental assistance; prohibits the requirement that a court proceeding has been initiated against an individual in order for such individual to qualify for a rent arrears grant or ongoing rental assistance (Part A); removes the requirement that rent arrears be repaid (Part B); makes certain housing programs available regardless of immigration status (Part C); authorizes emergency assistance to cover rent arrears for up to twelve months; provides that when any emergency assistance is used to cover rent arrears from a funding source that requires local cost sharing, the local cost of such assistance shall be fifty percent of the total emergency assistance (Part D).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-26 - REFERRED TO SOCIAL SERVICES [S08652 Detail]

Download: New_York-2023-S08652-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8652

                    IN SENATE

                                    February 26, 2024
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services

        AN ACT to amend the social services law, in relation to prohibiting  the
          requirement  that  a  court  proceeding  has been initiated against an
          individual in order for such individual to qualify for a rent  arrears
          grant  or  ongoing  rental  assistance  (Part  A); to amend the social
          services law, in  relation  to  removing  the  requirement  that  rent
          arrears  be  repaid  (Part  B);  to  amend the social services law, in
          relation to making certain housing programs  available  regardless  of
          immigration  status (Part C); and to amend the social services law, in
          relation to authorizing emergency assistance to cover rent arrears for
          up to twelve months (Part D)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act enacts into law components of legislation relating
     2  to emergency rental assistance. Each component is wholly contained with-
     3  in  a  Part identified as Parts A through D. The effective date for each
     4  particular provision contained within such Part is set forth in the last
     5  section of such Part. Any provision in any section  contained  within  a
     6  Part,  including the effective date of the Part, which makes a reference
     7  to a section "of this act", when used in connection with that particular
     8  component, shall be deemed  to  mean  and  refer  to  the  corresponding
     9  section of the Part in which it is found. Section three of this act sets
    10  forth the general effective date of this act.

    11                                   PART A

    12    Section 1. Section 131 of the social services law is amended by adding
    13  a new subdivision 21 to read as follows:
    14    21. Notwithstanding any other section of law to the contrary, proof of
    15  a  court  proceeding  that  has  been initiated against the applicant or
    16  recipient shall not be required to qualify for emergency  assistance  to
    17  cover  rent  arrears  or  public  assistance  to  provide ongoing rental
    18  support.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14501-04-4
        S. 8652                             2

     1    § 2. This act shall take effect immediately.

     2                                   PART B

     3    Section 1. Section 131-w of the social services law, as added by chap-
     4  ter 41 of the laws of 1992, is amended to read as follows:
     5    § 131-w. Limitations in the payment of rent arrears. [Districts] Local
     6  social  services  districts  shall  not  provide  assistance to pay rent
     7  arrears, property taxes or mortgage arrears for persons not eligible for
     8  home relief, aid to dependent children, emergency  assistance  to  needy
     9  families with children or emergency assistance for aged, blind and disa-
    10  bled  persons,  except  to  persons  who are without income or resources
    11  immediately available to meet the emergency need, whose gross  household
    12  income  does  not  exceed one hundred twenty-five percent of the federal
    13  income official poverty line [and who sign a repayment agreement  agree-
    14  ing  to  repay  the  assistance in a period not to exceed twelve months.
    15  The districts shall enforce the repayment agreements by any legal method
    16  available to a creditor, in addition to any rights it  has  pursuant  to
    17  this  chapter].  Local  social  services  districts  shall not require a
    18  recipient  to repay assistance provided to pay rent arrears. The depart-
    19  ment shall promulgate regulations to implement this section which shall,
    20  among other things, [establish standards for the contents  of  repayment
    21  agreements  and]  establish  standards  to  ensure  that  assistance  is
    22  provided only in emergency circumstances.
    23    § 2. This act shall take effect immediately and  shall  be  deemed  to
    24  have  been  in effect on and after March 13, 2020 and shall apply to any
    25  assistance provided to pay rent arrears on and after such date.

    26                                   PART C

    27    Section 1. The social services law is amended by adding a new  section
    28  131-bbb to read as follows:
    29    §  131-bbb.  Local social services housing programs in accordance with
    30  subsection d of 8 U.S.C. 1621. 1. Notwithstanding any other provision of
    31  law to the contrary, for a local social services district with  a  popu-
    32  lation  of  five  million  or  more,  the commissioner shall permit such
    33  district to make the program set forth in chapter ten  of  title  sixty-
    34  eight  of  the  rules of the city of New York, or any successor program,
    35  available to families and individuals who would be eligible but for such
    36  federal law restricting eligibility for such  benefits  based  on  immi-
    37  gration  status; and to administer the program in accordance with a plan
    38  approved pursuant to 18 N.Y.C.R.R. § 352.3(a)(3).
    39    2. Funds appropriated by New York state for services and expenses of a
    40  program to provide shelter supplements at local  option  to  individuals
    41  and families regardless of immigration status shall be authorized by the
    42  department  to  reimburse  a local social services district with a popu-
    43  lation of five million or more to fund the program set forth in subdivi-
    44  sion one of this section pursuant to the  approved  plan  provided  that
    45  funds  are  first  used to reimburse rental costs above the maximum rent
    46  levels in  place as of January first, two thousand twenty-one up to  the
    47  United  States department of housing and urban development's fair market
    48  rent level for the family homelessness and eviction  prevention  supple-
    49  ment pursuant to section one hundred thirty-one-bb of this title.
    50    § 2. This act shall take effect immediately.

    51                                   PART D
        S. 8652                             3

     1    Section 1. Section 131 of the social services law is amended by adding
     2  a new subdivision 22 to read as follows:
     3    22. Notwithstanding any other law, rule or regulation to the contrary,
     4  any  emergency  assistance  to  cover rent arrears may be provided for a
     5  period of up to twelve months, unless a local social  services  district
     6  determines  in its discretion that additional assistance is necessary to
     7  cover rent arrears in a particular case.
     8    § 2. Section 350-j of the social services law is amended by  adding  a
     9  new subdivision 6 to read as follows:
    10    6.  When any emergency assistance is used to cover rent arrears from a
    11  funding source that requires local cost sharing, the local cost of  such
    12  assistance shall be fifty percent of the total emergency assistance.
    13    § 3. This act shall take effect immediately.
    14    § 2. Severability. If any clause, sentence, paragraph, section or part
    15  of  this act shall be adjudged by any court of competent jurisdiction to
    16  be invalid and after exhaustion of  all  further  judicial  review,  the
    17  judgment  shall not affect, impair, or invalidate the remainder thereof,
    18  but shall be confined in its operation to the  clause,  sentence,  para-
    19  graph,  section or part of this act directly involved in the controversy
    20  in which the judgment shall have been rendered.
    21    § 3. This act shall take effect immediately; provided,  however,  that
    22  the  applicable effective date of Parts A through D of this act shall be
    23  as specifically set forth in the last section of such Parts.