S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10312--A
 
                           I N  A S S E M B L Y
 
                              April 22, 2020
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Social  Services  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 36-c of the social services law is REPEALED.
   § 2. Section 131 of the social services law is amended by  adding  two
 new subdivisions 21 and 22 to read as follows:
   21.  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROHIBIT
 ANY PUBLICLY FUNDED PROVIDER OF TEMPORARY HOUSING ASSISTANCE IN  A  CITY
 HAVING A POPULATION OF ONE MILLION OR MORE, INCLUDING BUT NOT LIMITED TO
 THOSE DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED THIRTY-ONE-A
 OF  THIS TITLE FROM REQUIRING RECIPIENTS OF PUBLIC ASSISTANCE, EMERGENCY
 ASSISTANCE FOR ADULTS, SUPPLEMENTAL SECURITY INCOME OR ADDITIONAL  STATE
 PAYMENT  TO PARTICIPATE IN WORK ACTIVITIES, INCLUDING BUT NOT LIMITED TO
 THOSE DEFINED IN SECTION THREE HUNDRED THIRTY-SIX OF THIS CHAPTER, AS  A
 CONDITION  TO  RECEIVE  TEMPORARY HOUSING ASSISTANCE FROM SUCH PROVIDER.
 PROVIDED, HOWEVER, IF SUCH RECIPIENT CHOOSES  TO  VOLUNTEER  OR  RECEIVE
 MONEY  TO  WORK, HE OR SHE SHALL BE FULLY INFORMED IN WRITING THAT THERE
 IS NO OBLIGATION TO PERFORM WORK OR VOLUNTEER AS A CONDITION OF  RECEIV-
 ING  TEMPORARY  HOUSING  ASSISTANCE  FROM SUCH PROVIDER. WRITTEN, SIGNED
 CONSENT TO VOLUNTEER OR RECEIVE MONEY TO WORK  SHALL  BE  KEPT  ON  FILE
 WHILE  HE  OR  SHE  IS  RECEIVING TEMPORARY HOUSING ASSISTANCE FROM SUCH
 PROVIDER. NOTHING HEREIN SHALL PREVENT THE PROVIDER OF TEMPORARY HOUSING
 ASSISTANCE FROM KEEPING SUCH CONSENT ELECTRONICALLY.
   22. A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER, IN A CITY  HAVING  A
 POPULATION  OF  ONE MILLION OR MORE, FOUND TO BE COLLECTING INCOME, ROOM
 AND BOARD OR ANY OTHER TYPE OF CONTRIBUTION IN VIOLATION OF  SUBDIVISION
 SIXTEEN  OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE, SHALL, AFTER
 NOTICE AND AN OPPORTUNITY TO BE HEARD BY THE DEPARTMENT, BE REQUIRED  TO
 RETURN  ANY FUNDS COLLECTED IN VIOLATION OF THIS SECTION TO SUCH RECIPI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16126-02-0

 A. 10312--A                         2

 ENT AND MAY BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED  FIVE  HUNDRED
 DOLLARS  FOR  EACH  VIOLATION.  THE DEPARTMENT SHALL ADOPT PROCEDURES IN
 ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT FOR ASSESSMENT OF
 PENALTIES  PURSUANT  TO  THIS  SECTION. SUCH PROCEDURE SHALL INCLUDE THE
 OPPORTUNITY FOR AN ADMINISTRATIVE APPEAL. ANY  PROVIDER  FOUND  TO  HAVE
 VIOLATED  THIS  SECTION  AND  WHO IS SUBSEQUENTLY FOUND TO HAVE VIOLATED
 THIS SECTION FIVE OR MORE TIMES WITHIN ONE YEAR OF THE  INITIAL  FINDING
 MAY  BE  DETERMINED, AT THE DISCRETION OF THE DEPARTMENT AND TAKING INTO
 CONSIDERATION THE GEOGRAPHIC AVAILABILITY OF  SIMILAR  SERVICES,  TO  BE
 INELIGIBLE  TO  RECEIVE  PUBLIC  FUNDING FOR A PERIOD NOT TO EXCEED FIVE
 YEARS.
   B. ANY PROVIDER WHICH HAS BEEN DEEMED  INELIGIBLE  TO  RECEIVE  PUBLIC
 FUNDING  PURSUANT  TO  THIS  SECTION  MAY APPLY TO THE DEPARTMENT FOR AN
 ORDER DISCONTINUING SUCH DISQUALIFICATION.  THE  APPLICATION  SHALL  SET
 FORTH  THE  GROUNDS,  INCLUDING  THAT  THE PROVIDER HAS TAKEN SUFFICIENT
 ACTIONS TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED
 IN THE ACTIONS THAT FORMED THE BASIS OF THE VIOLATION, THAT THE PROVIDER
 HAS TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO ENSURE THAT THE  ACTIONS
 THAT  FORMED  THE BASIS OF THE VIOLATION ARE UNLIKELY TO RECUR, AND THAT
 IT WILL NOT BE IN THE PUBLIC INTEREST TO CONTINUE THE DISQUALIFICATION.
   § 3. Section 131-a of the social services law is amended by  adding  a
 new subdivision 16 to read as follows:
   16.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, A HOMELESS INDIVIDUAL OR FAMILY APPLYING FOR OR  RECEIVING
 TEMPORARY  HOUSING  ASSISTANCE,  IN  A CITY HAVING A POPULATION   OF ONE
 MILLION OR MORE, SHALL NOT BE REQUIRED TO PAY ROOM AND BOARD OR CONTRIB-
 UTE OR DEPOSIT 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.
 FOR THE PURPOSES OF THIS SUBDIVISION, ANY PROVIDER OF TEMPORARY  HOUSING
 ASSISTANCE OR SHORT-TERM HOUSING SHALL INCLUDE, BUT NOT BE LIMITED TO, A
 FAMILY SHELTER, A CLUSTER SITE APARTMENT, A SHELTER FOR ADULTS, A UNITED
 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTED TRANSITIONAL
 HOUSING  SHELTER,  A  PUBLIC  HOME,  A  HOTEL, AN EMERGENCY APARTMENT, A
 DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, A  ROOM
 AND  BOARD  SHELTER, A SAFE HAVEN SHELTER, A VETERANS SHORT-TERM HOUSING
 SHELTER, A CRIMINAL JUSTICE SHORT-TERM HOUSING SHELTER, OR A SAFE  HOUSE
 FOR  REFUGEES,  ASYLEES,  OR  TRAFFICKING  VICTIMS OPERATING IN NEW YORK
 STATE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.