S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3555
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Social Services
 
 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 Section 36-c of the social services law is REPEALED.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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01596-01-1

 A. 3555                             2
 
 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
 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.