S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8111
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  rental  assist-
   ance; and to repeal such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 131-bb to read as follows:
   § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
 STANCES  SHALL  A  LOCAL  SOCIAL  SERVICES DISTRICT REQUIRE PROOF THAT A
 COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A  CONDITION  OF
 ELIGIBILITY  FOR  A  RENT  ARREARS  GRANT  OR  ONGOING RENTAL ASSISTANCE
 INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
   § 2. Section 131-w of the social services law, as added by chapter  41
 of the laws of 1992, is amended to read as follows:
   §  131-w.  Limitations  in  the  payment of rent arrears. 1. Districts
 shall not provide assistance to pay  rent  arrears,  property  taxes  or
 mortgage  arrears  for  persons  not  eligible  for  home relief, aid to
 dependent children, emergency assistance to needy families with children
 or emergency assistance for aged, blind and disabled persons, except  to
 persons  who  are  without  income or resources immediately available to
 meet the emergency need, whose gross household income  does  not  exceed
 one  hundred  twenty-five percent of the federal income official poverty
 line and who sign a repayment agreement agreeing to repay the assistance
 in a period not to exceed twelve months.   The districts  shall  enforce
 the repayment agreements by any legal method available to a creditor, in
 addition  to  any rights it has pursuant to this chapter. The department
 shall promulgate regulations to  implement  this  section  which  shall,
 among  other  things,  establish standards for the contents of repayment
 agreements and establish standards to ensure that assistance is provided
 only in emergency circumstances.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11074-04-1

 A. 8111                             2
 
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
 MARCH SEVENTH, TWO THOUSAND TWENTY AND THE LATER OF THE END OF THE STATE
 OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO
 OF  TWO  THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-
 TWO. ANY PAYMENT DUE AND OWING UNDER THIS  SECTION  SHALL  BE  SUSPENDED
 UNTIL  THE  LATER OF THE END OF THE STATE OF EMERGENCY DECLARED PURSUANT
 TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO  OF  TWO  THOUSAND  TWENTY  OR
 FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  3.  Subdivision  1  of section 131-s of the social services law, as
 amended by chapter 318 of the laws  of  2009,  is  amended  to  read  as
 follows:
   1. (A) In the case of a person applying for public assistance, supple-
 mental security income benefits or additional state payments pursuant to
 this  chapter,  the  social  services  official  of  the social services
 district in which such person resides shall, unless alternative  payment
 or living arrangements can be made, make a payment to a gas corporation,
 electric  corporation  or  municipality  for  services  provided to such
 person during a period of up to, but not exceeding,  four  months  imme-
 diately  preceding the month of application for such assistance or bene-
 fits if such payment  is  needed  to  prevent  shut-off  or  to  restore
 service. Persons whose gross household income exceeds the public assist-
 ance  standard of need for the same size household must sign a repayment
 agreement to repay the assistance  within  two  years  of  the  date  of
 payment as a condition of receiving assistance, in accordance with regu-
 lations  established  by the department. Such repayment agreement may be
 enforced in any manner available to  a  creditor,  in  addition  to  any
 rights the district may have pursuant to this chapter.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR  ASSISTANCE  PROVIDED
 BETWEEN  MARCH  SEVENTH, TWO THOUSAND TWENTY AND THE LATER OF THE END OF
 THE STATE OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER  NUMBER  TWO
 HUNDRED  TWO OF TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOU-
 SAND TWENTY-TWO.
   § 4. Section 106-b of the social services law, as amended  by  chapter
 81 of the laws of 1995, is amended to read as follows:
   §  106-b.  Adjustment  for  incorrect  payments.  1.  Any inconsistent
 provision of law notwithstanding, a social services official  shall,  in
 accordance  with  the  regulations of the department and consistent with
 federal law and regulations, take all necessary  steps  to  correct  any
 overpayment  or underpayment to a public assistance recipient; provided,
 however, that a social services official may waive recovery  of  a  past
 overpayment, in the case of an individual who is not currently a recipi-
 ent of public assistance, where the cost of recovery is greater than the
 cost  of  collections  as determined in accordance with department regu-
 lations consistent with federal law and regulations.   For  purposes  of
 this  section,  overpayment  shall  include payments made to an eligible
 person in excess of his OR HER needs as  defined  in  this  chapter  and
 payments  made  to  ineligible  persons (including payments made to such
 persons pending  a  fair  hearings  decision).  The  commissioner  shall
 promulgate  regulations  to implement procedures for correcting overpay-
 ments and underpayments.  The  procedures  for  correcting  overpayments
 shall  be  designed  to minimize adverse impact on the recipient, and to
 the extent possible avoid undue hardship.    Notwithstanding  any  other
 provision  of  law  to  the contrary, no underpayment shall be corrected
 with respect to a person who is currently not eligible for or in receipt

 A. 8111                             3
 
 of home relief or aid to  dependent  children,  except  that  corrective
 payments may be made with respect to persons formerly eligible for or in
 receipt  of aid to dependent children to the extent that federal law and
 regulations require.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
 OVERPAYMENT ACCRUED, UNTIL THE LATER OF THE END OF THE STATE OF EMERGEN-
 CY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED  TWO  OF  TWO
 THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  5.  This  act shall take effect immediately and sections two, three
 and four of this act shall expire and be deemed repealed on the later of
 the end of the state of emergency declared pursuant to  executive  order
 number 202 of 2020 or February 28, 2022.