S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8878
 
                             I N  S E N A T E
 
                              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:
 
   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 Section 36-c of the social services law is REPEALED.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-
 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
 
 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.