Bill Text: NY S08878 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to eliminating rent for homeless shelters in cities having a population of one million or more; provides that a homeless individual or family applying for or receiving temporary housing assistance shall not be required to pay room and board or contribute any earned or unearned income, available benefits or resources to eliminate their need for temporary housing assistance or as a condition to receive temporary housing assistance from such provider.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-05 - REFERRED TO RULES [S08878 Detail]

Download: New_York-2019-S08878-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8878

                    IN SENATE

                                     August 5, 2020
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the social services law, in relation to eliminating rent
          for homeless shelters in cities with a population of  one  million  or
          more; and to repeal certain provisions of such law relating thereto

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

     1    Section 1. Section 36-c of the social services law is REPEALED.
     2    § 2. Section 131 of the social services law is amended by  adding  two
     3  new subdivisions 21 and 22 to read as follows:
     4    21.  The  office of temporary and disability assistance shall prohibit
     5  any publicly funded provider of temporary housing assistance in  a  city
     6  having a population of one million or more, including but not limited to
     7  those defined in subdivision sixteen of section one hundred thirty-one-a
     8  of  this title from requiring recipients of public assistance, emergency
     9  assistance for adults, supplemental security income or additional  state
    10  payment  to participate in work activities, including but not limited to
    11  those defined in section three hundred thirty-six of this chapter, as  a
    12  condition  to  receive  temporary housing assistance from such provider.
    13  Provided, however, if such recipient chooses  to  volunteer  or  receive
    14  money  to  work, he or she shall be fully informed in writing that there
    15  is no obligation to perform work or volunteer as a condition of  receiv-
    16  ing  temporary  housing  assistance  from such provider. Written, signed
    17  consent to volunteer or receive money to work  shall  be  kept  on  file
    18  while  he  or  she  is  receiving temporary housing assistance from such
    19  provider. Nothing herein shall prevent the provider of temporary housing
    20  assistance from keeping such consent electronically.
    21    22. a. Any temporary housing assistance provider, in a city  having  a
    22  population  of  one million or more, found to be collecting income, room
    23  and board or any other type of contribution in violation of  subdivision
    24  sixteen  of section one hundred thirty-one-a of this title, shall, after
    25  notice and an opportunity to be heard by the department, be required  to
    26  return  any funds collected in violation of this section to such recipi-
    27  ent and may be subject to a civil penalty not  to  exceed  five  hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16126-03-0

        S. 8878                             2

     1  dollars  for  each  violation.  The department shall adopt procedures in
     2  accordance with the state administrative procedure act for assessment of
     3  penalties pursuant to this section. Such  procedure  shall  include  the
     4  opportunity  for  an  administrative  appeal. Any provider found to have
     5  violated this section and who is subsequently  found  to  have  violated
     6  this  section  five or more times within one year of the initial finding
     7  may be determined, at the discretion of the department and  taking  into
     8  consideration  the  geographic  availability  of similar services, to be
     9  ineligible to receive public funding for a period  not  to  exceed  five
    10  years.
    11    b.  Any  provider  which  has been deemed ineligible to receive public
    12  funding pursuant to this section may apply  to  the  department  for  an
    13  order  discontinuing  such  disqualification.  The application shall set
    14  forth the grounds, including that  the  provider  has  taken  sufficient
    15  actions to remove from responsibility officers and employees who engaged
    16  in the actions that formed the basis of the violation, that the provider
    17  has  taken appropriate and sufficient actions to ensure that the actions
    18  that formed the basis of the violation are unlikely to recur,  and  that
    19  it will not be in the public interest to continue the disqualification.
    20    §  3.  Section 131-a of the social services law is amended by adding a
    21  new subdivision 16 to read as follows:
    22    16. Notwithstanding any other provision of law, rule or regulation  to
    23  the  contrary, a homeless individual or family applying for or receiving
    24  temporary housing assistance, in a city having  a  population    of  one
    25  million or more, shall not be required to pay room and board or contrib-
    26  ute  or  deposit  any  earned  or unearned income, available benefits or
    27  resources to eliminate their need for temporary housing assistance or as
    28  a condition to receive temporary housing assistance from such  provider.
    29  For  the purposes of this subdivision, any provider of temporary housing
    30  assistance or short-term housing shall include, but not be limited to, a
    31  family shelter, a cluster site apartment, a shelter for adults, a United
    32  States Department of Housing and Urban Development assisted transitional
    33  housing shelter, a public home,  a  hotel,  an  emergency  apartment,  a
    34  domestic  violence shelter, a runaway and homeless youth shelter, a room
    35  and board shelter, a safe haven shelter, a veterans  short-term  housing
    36  shelter,  a criminal justice short-term housing shelter, or a safe house
    37  for refugees, asylees, or trafficking  victims  operating  in  New  York
    38  state.
    39    §  4.  This  act shall take effect on the thirtieth day after it shall
    40  have become a law.
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