S T A T E O F N E W Y O R K
________________________________________________________________________
2
Extraordinary Session
I N A S S E M B L Y
September 1, 2021
___________
Introduced by M. of A. BUDGET BILL -- (at request of the Budget) -- read
once and referred to the Committee on Ways and Means
AN ACT to amend chapter 53 of the laws of 2021, enacting the aid to
localities budget, in relation to making additional appropriations
associated with an emergency rental assistance program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 53 of the laws of 2021, enacting the
aid to localities budget, is amended by repealing the items hereinbelow
set forth in brackets and by adding to such section the other items
underscored in this section.
DEPARTMENT OF FAMILY ASSISTANCE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
AID TO LOCALITIES 2021-22
For payment according to the following schedule:
APPROPRIATIONS REAPPROPRIATIONS
General Fund ....................... [1,675,578,000] 189,624,345
1,825,578,000
Special Revenue Funds - Federal .... [7,101,484,000] 4,137,709,000
7,351,484,000
Special Revenue Funds - Other ...... 19,900,000 500,000
Fiduciary Funds .................... 10,000,000 0
---------------- ----------------
All Funds ........................ [8,806,962,000] 4,327,833,345
9,206,962,000
================ ================
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12030-04-1
A. 2 2
SPECIALIZED SERVICES PROGRAM ............. [2,785,196,000] 3,185,196,000
--------------
General Fund
Local Assistance Account - 10000
[For supplemental costs associated with an
emergency rental assistance program pursu-
ant to a plan approved by the office of
temporary and disability assistance and
director of the budget. Such expenses
shall be for costs exceeding any special
revenue - federal appropriation made
available for such purposes, or for
providing assistance to households with
incomes that exceed the limitations set
forth in such program and with a household
member in a priority population as
provided for in such program, or for
assistance to landlords.] FOR SUPPLEMENTAL
COSTS ASSOCIATED WITH AN EMERGENCY RENTAL
ASSISTANCE PROGRAM PURSUANT TO A PLAN
APPROVED BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE AND DIRECTOR OF THE
BUDGET. SUCH EXPENSES SHALL BE (A) FOR
FORTY-FIVE DAYS FOLLOWING THE DATE WHEN
APPLICATIONS BEGIN TO BE ACCEPTED, FOR
PROVIDING ASSISTANCE TO HOUSEHOLDS WITH
INCOMES THAT EXCEED EIGHTY PERCENT OF AREA
MEDIAN INCOME BUT DO NOT EXCEED ONE
HUNDRED PERCENT OF AREA MEDIAN INCOME, (B)
AFTER FORTY-FIVE DAYS FOLLOWING THE DATE
WHEN APPLICATIONS BEGIN TO BE ACCEPTED,
FOR PROVIDING ASSISTANCE TO HOUSEHOLDS
WITH INCOMES THAT EXCEED EIGHTY PERCENT OF
AREA MEDIAN INCOME BUT DO NOT EXCEED ONE
HUNDRED TWENTY PERCENT OF AREA MEDIAN
INCOME, (C) FOR FORTY-FIVE DAYS FOLLOWING
THE DATE WHEN APPLICATIONS BEGIN TO BE
ACCEPTED, FOR ASSISTANCE TO SMALL LAND-
LORDS AS DEFINED IN SUBDIVISION 12 OF
SECTION 2 OF SUBPART A OF PART BB OF CHAP-
TER 56 OF THE LAWS OF 2021, OF A UNIT
CHARGING RENT THAT DOES NOT EXCEED ONE
HUNDRED FIFTY PERCENT OF THE FAIR MARKET
RENT BY UNIT SIZE, WITH RENTAL ARREARS
ACCRUED BY A TENANT, IF SUCH LANDLORD HAS
USED BEST EFFORTS TO CONTACT AND ASSIST
SUCH TENANT IN APPLYING FOR A PROGRAM
FUNDED WITH EMERGENCY RENTAL ASSISTANCE
DOLLARS, WITHOUT SUCCESS, INCLUDING
INSTANCES IN WHICH SUCH TENANT HAS VACATED
WHILE OWING SUCH RENTAL ARREARS, OR (D)
AFTER FORTY-FIVE DAYS FOLLOWING THE DATE
WHEN APPLICATIONS BEGIN TO BE ACCEPTED,
FOR ASSISTANCE TO LANDLORDS OF A UNIT
A. 2 3
CHARGING RENT THAT DOES NOT EXCEED ONE
HUNDRED FIFTY PERCENT OF THE FAIR MARKET
RENT BY UNIT SIZE, WITH RENTAL ARREARS
ACCRUED BY A TENANT, IF SUCH LANDLORD HAS
USED BEST EFFORTS TO CONTACT AND ASSIST
SUCH TENANT IN APPLYING FOR A PROGRAM
FUNDED WITH EMERGENCY RENTAL ASSISTANCE
DOLLARS, WITHOUT SUCCESS, INCLUDING
INSTANCES IN WHICH SUCH TENANT HAS VACATED
WHILE OWING SUCH RENTAL ARREARS. UNTIL
SUCH TIME AS THE COMMISSIONER DETERMINES
THAT THE NEED JUSTIFIES A REALLOCATION, NO
MORE THAN ONE HUNDRED TWENTY-FIVE MILLION
DOLLARS SHALL BE AVAILABLE FOR PURPOSES
NOTED IN SUBDIVISION (A) OR (B), AND NO
MORE THAN ONE HUNDRED TWENTY-FIVE MILLION
DOLLARS SHALL BE MADE AVAILABLE FOR THE
PURPOSES NOTED IN SUBDIVISION (C) OR (D),
PROVIDED HOWEVER IN NO CASE SHALL THE
COMMISSIONER MAKE SUCH REALLOCATION EARLI-
ER THAN NINETY DAYS AFTER THE DATE WHEN
APPLICATIONS BEGIN TO BE ACCEPTED; AND
PROVIDED FURTHER THAT THE COMMISSIONER
SHALL REPORT TO THE SPEAKER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF THE
SENATE WHEN SUCH REALLOCATIONS ARE MADE
AND THE REASONS FOR SUCH REALLOCATIONS.
Funds appropriated herein may be transferred
or suballocated to any other state agency
or authority.
Notwithstanding any inconsistent provision
of law, the budget director is hereby
authorized to transfer any of the amount
appropriated herein to state operations
for administration of supplemental emer-
gency rental assistance activities .......
............................. [100,000,000] 250,000,000
--------------
Program account subtotal .. [338,796,000] 488,796,000
--------------
Special Revenue Funds - Federal
Federal Miscellaneous Operating Grants Fund
CARES Emergency Rent - 25544
For services and expenses of an emergency
rental assistance program. Households
eligible for assistance under such program
shall include one or more individual that
has experienced financial hardship, is at
risk of homelessness or housing instabili-
ty, and earns up to eighty percent of area
median income as determined by the United
States department of housing and urban
development. Such assistance shall be
prioritized for those who are unemployed
A. 2 4
for at least 90 days and those earning up
to fifty percent of area median income as
determined by the United States department
of housing and urban development. Such
assistance shall support the payment of up
to 12 months of rental arrears due at the
time of application and up to 3 months of
prospective rent and other purposes set
forth in Public Law No. 116-260, Public
Law 117-2, or any other federal funds made
available for this purpose. NOTWITHSTAND-
ING ANY INCONSISTENT PROVISION OF LAW,
TWENTY-FIVE MILLION DOLLARS OF THE FUNDS
APPROPRIATED HEREIN SHALL BE AVAILABLE TO
PROVIDE LEGAL SERVICES OR ATTORNEY'S FEES
TO TENANTS RELATED TO EVICTION PROCEEDINGS
AND MAINTAINING HOUSING STABILITY PURSUANT
TO A PLAN APPROVED BY THE COMMISSIONER OF
THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE. THE PLAN FOR SUCH FUNDS SHALL
GRANT PRIORITY TO AREAS WHERE ACCESS TO
FREE LEGAL ASSISTANCE FOR SUCH SERVICES IS
NOT ALREADY PROVIDED. TO THE EXTENT PRAC-
TICABLE, SUCH EXPENSES SHALL BE PAID FROM
FUNDS OTHERWISE AVAILABLE FOR ADMINISTRA-
TIVE PURPOSES. Funds may also be used to
support a hardship fund for undocumented
workers.
[Funds appropriated herein shall only be
expended in local governments not in
receipt of a direct allocation from the
U.S. Treasury pursuant to the Emergency
Rental Assistance funding enacted in
Public Law No. 116-260, Public Law 117-2,
or any other federal funds made available
for this purpose, unless a local govern-
ment in direct receipt of such allocation
has submitted a plan to the office of
temporary and disability assistance.]
Funds appropriated herein may be transferred
or suballocated to any other state agency
or authority.
Notwithstanding any inconsistent provision
of law, the budget director is hereby
authorized to transfer any of the amount
appropriated herein to state operations
for administration of emergency rental
assistance activities .... [2,350,000,000] 2,600,000,000
--------------
Program account subtotal [2,350,000,000] 2,600,000,000
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§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.