S T A T E   O F   N E W   Y O R K
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                                  1551

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  WRIGHT, GLICK, J. RIVERA, O'DONNELL, GREENE,
  CARROZZA,  FIELDS,  JACOBS,  ESPAILLAT,  KELLNER,  JEFFRIES,   JAFFEE,
  KAVANAGH  -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, BRODSKY,
  CAHILL, CLARK, COLTON, HOOPER,  LAVINE,  V. LOPEZ,  McENENY,  MILLMAN,
  PERRY,  PHEFFER,  ROBINSON, ROSENTHAL, SCARBOROUGH, WEISENBERG -- read
  once and referred to the Committee on Social Services

AN ACT to amend the social services law,  in  relation  to  establishing
  rental vouchers for working families

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Article 5 of the social services law is amended by  adding
a new title 8-A to read as follows:
                                TITLE 8-A
                  RENTAL VOUCHERS FOR WORKING FAMILIES
SECTION 310. DEFINITIONS.
        311. APPLICATION.
        312. ELIGIBILITY.
        313. RENTAL PAYMENTS.
        314. MAINTENANCE OF EFFORT.
  S 310. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1.  THE  TERM "FAMILY" SHALL MEAN A FAMILY THAT INCLUDES AN INDIVIDUAL
WHO HAS NOT ATTAINED EIGHTEEN YEARS OF AGE, OR HAS NOT ATTAINED NINETEEN
YEARS OF AGE AND IS A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN  THE
EQUIVALENT LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.
  2. THE TERM "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER
OF THE HOUSEHOLD.
  3.  THE  TERM "ADJUSTED INCOME" SHALL MEAN THE AMOUNT OF INCOME OF THE
MEMBERS OF THE FAMILY RESIDING IN A DWELLING  UNIT,  AFTER  ANY  OF  THE
FOLLOWING REQUIRED INCOME EXCLUSIONS FROM ANNUAL INCOME:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00414-01-9
              

A. 1551                             2

  (A) FOUR HUNDRED DOLLARS FOR ANY FAMILY CONTAINING AN ELDERLY OR DISA-
BLED FAMILY MEMBER;
  (B)  THE  AMOUNT BY WHICH THREE PERCENT OF THE ANNUAL FAMILY INCOME IS
EXCEEDED BY THE SUM OF UNREIMBURSED MEDICAL EXPENSES FOR ANY ELDERLY  OR
DISABLED FAMILY MEMBER OR THE AMOUNT BY WHICH THREE PERCENT OF THE ANNU-
AL  FAMILY  INCOME  IS  EXCEEDED  BY  THE SUM OF UNREIMBURSED REASONABLE
ATTENDANT CARE AND AUXILIARY APPARATUS EXPENSES FOR EACH DISABLED MEMBER
OF THE FAMILY TO THE EXTENT NECESSARY TO ENABLE ANY MEMBER OF SUCH FAMI-
LY (INCLUDING SUCH DISABLED FAMILY MEMBER) TO BE EMPLOYED;
  (C) ANY REASONABLE CHILD CARE EXPENSE INCURRED NECESSARY TO  ENABLE  A
FAMILY MEMBER TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION;
  (D) FOUR HUNDRED EIGHTY DOLLARS FOR EACH MEMBER OF THE FAMILY RESIDING
IN  THE HOUSEHOLD WHO IS LESS THAN EIGHTEEN YEARS OF AGE OR IS ATTENDING
HIGH SCHOOL OR VOCATIONAL TRAINING ON A FULL-TIME BASIS, OR WHO IS EIGH-
TEEN YEARS OF AGE OR OLDER AND IS A PERSON WITH A DISABILITY;
  (E) ANY PAYMENT MADE BY A MEMBER OF THE FAMILY  FOR  THE  SUPPORT  AND
MAINTENANCE  OF  ANY  CHILD WHO DOES NOT RESIDE IN THE HOUSEHOLD, EXCEPT
THAT THE AMOUNT EXCLUDED  UNDER  THIS  PARAGRAPH  MAY  NOT  EXCEED  FOUR
HUNDRED EIGHTY DOLLARS FOR EACH CHILD FOR WHOM SUCH PAYMENT IS MADE;
  (F)  ANY  PAYMENTS  MADE BY A MEMBER OF THE FAMILY FOR THE SUPPORT AND
MAINTENANCE OF ANY SPOUSE OR FORMER SPOUSE WHO DOES NOT  RESIDE  IN  THE
HOUSEHOLD,  EXCEPT  THAT  THE AMOUNT EXCLUDED UNDER THIS PARAGRAPH SHALL
NOT EXCEED THE LESSER OF EITHER THE AMOUNT THAT SUCH FAMILY MEMBER HAS A
LEGAL OBLIGATION TO PAY OR FIVE HUNDRED FIFTY DOLLARS FOR EACH  INDIVID-
UAL FOR WHOM SUCH PAYMENT IS MADE; AND
  (G) THE AMOUNT OF ANY EARNED INCOME OF A MEMBER OF THE FAMILY RESIDING
IN  THE  HOUSEHOLD  WHO IS NOT EIGHTEEN YEARS OF AGE OR OLDER AND WHO IS
NOT THE HEAD OF THE HOUSEHOLD OR THE SPOUSE OF THE HEAD  OF  THE  HOUSE-
HOLD.
  S  311. APPLICATION. APPLICATION FOR RENTAL VOUCHERS FOR WORKING FAMI-
LIES MAY BE MADE AT THE APPROPRIATE  SOCIAL  SERVICES  DISTRICT  OR  ANY
FACILITATED  ENROLLMENT  SITE  AUTHORIZED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE TO TAKE SUCH APPLICATIONS.
  S 312. ELIGIBILITY. 1. TO THE EXTENT THAT FUNDS ARE  AVAILABLE,  FAMI-
LIES SHALL BE ELIGIBLE FOR RENTAL VOUCHERS FOR WORKING FAMILIES IF:
  (A)  THE  FAMILY  INCOME  DOES  NOT  EXCEED TWO HUNDRED PERCENT OF THE
FEDERAL POVERTY LEVEL;
  (B) THE FAMILY WOULD MEET THE MANDATORY WORK REQUIREMENTS  ESTABLISHED
IN SECTION THREE HUNDRED THIRTY-FIVE-B OF THIS ARTICLE;
  (C) THE FAMILY IS NOT IN RECEIPT OF TEMPORARY ASSISTANCE;
  (D)  THE  RENTAL  OBLIGATION  FOR  THE  FAMILY IS NOT MORE THAN NINETY
PERCENT OF THE FAIR MARKET RENT FOR THE LOCAL SOCIAL  SERVICES  DISTRICT
AS ESTABLISHED BY THE UNITED STATES OFFICE OF HOUSING AND URBAN DEVELOP-
MENT; AND
  (E)  THE  RENTAL  UNIT  FOR THE FAMILY IS HABITABLE, SAFE AND DOES NOT
HAVE A RECORD OF HAZARDOUS CONDITIONS.
  2. SHOULD THE EMPLOYMENT STATUS OF A HOUSEHOLD MEMBER CHANGE SUCH THAT
THE FAMILY NO LONGER MEETS THE MANDATORY WORK  REQUIREMENTS  ESTABLISHED
IN  SECTION  THREE  HUNDRED THIRTY-FIVE-B OF THIS ARTICLE, THE HOUSEHOLD
SHALL BE ALLOWED TO CONTINUE TO RECEIVE A RENTAL VOUCHER FOR UP TO THREE
MONTHS WHILE THE FAMILY ATTEMPTS  TO  COME  INTO  COMPLIANCE  WITH  SUCH
MANDATORY WORK REQUIREMENTS.  IF, AFTER THREE MONTHS, THE FAMILY REMAINS
OUT  OF  COMPLIANCE  WITH  SUCH  MANDATORY WORK REQUIREMENTS, THE RENTAL
VOUCHER SHALL NO LONGER BE PROVIDED TO SUCH FAMILY AND THE FAMILY  SHALL
BE  REFERRED  TO  ALTERNATIVE  ASSISTANCE  PROGRAMS  TO MEET THEIR BASIC
NEEDS. PROVIDED, HOWEVER, THAT THE LOSS OF A RENTAL VOUCHER FOR  FAILURE

A. 1551                             3

TO  COMPLY  WITH SUCH MANDATORY WORK REQUIREMENTS SHALL NOT PRECLUDE THE
FAMILY'S ELIGIBILITY FOR A RENTAL VOUCHER SHOULD THEY MEET THE MANDATORY
WORK REQUIREMENTS IN THE FUTURE.
  3.  FAMILIES  IN  RECEIPT  OF  A  RENTAL  VOUCHER SHALL BE REQUIRED TO
PROVIDE THE LOCAL SOCIAL SERVICES DISTRICT WITH  NOTICE  OF  CHANGES  IN
INCOME  OR  EMPLOYMENT  STATUS WITHIN ONE MONTH OF SUCH CHANGE. FAMILIES
SHALL BE RECERTIFIED FOR THE RENTAL VOUCHER PROGRAM AT LEAST  EVERY  SIX
MONTHS.    SUCH  RECERTIFICATION SHALL NOT REQUIRE A FACE-TO-FACE INTER-
VIEW.
  S 313. RENTAL PAYMENTS. FAMILIES SHALL PAY AS RENT FOR A DWELLING UNIT
ASSISTED WITH A RENTAL VOUCHER THE HIGHEST OF THE FOLLOWING AMOUNTS:
  1. THIRTY PERCENT OF THE FAMILY'S MONTHLY ADJUSTED INCOME; OR
  2. TEN PERCENT OF THE FAMILY'S MONTHLY INCOME.
  S 314. MAINTENANCE OF EFFORT. TO THE EXTENT  ALLOWABLE  UNDER  FEDERAL
LAW,  STATE  FUNDING  FOR  RENTAL VOUCHERS FOR WORKING FAMILIES SHALL BE
UTILIZED TO MEET THE FEDERALLY MANDATED MAINTENANCE OF  EFFORT  FOR  THE
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.
  S 2. This act shall take effect April 1, 2010.