S T A T E   O F   N E W   Y O R K
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                                  1851

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A.  WRIGHT, GLICK, J. RIVERA, O'DONNELL, JACOBS,
  KELLNER, JEFFRIES, JAFFEE, KAVANAGH -- Multi-Sponsored by -- M. of  A.
  BOYLAND,  BRENNAN,  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:
  (A) FOUR HUNDRED DOLLARS FOR ANY FAMILY CONTAINING AN ELDERLY OR DISA-
BLED FAMILY MEMBER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05687-01-1
              

A. 1851                             2

  (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
TO COMPLY WITH SUCH MANDATORY WORK REQUIREMENTS SHALL NOT  PRECLUDE  THE

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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, 2012.