S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2804
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the public housing law, in relation to establishing the
   housing access voucher program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new article
 14 to read as follows:
                                ARTICLE 14
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 600. LEGISLATIVE FINDINGS.
         601. DEFINITIONS.
         602. HOUSING ACCESS VOUCHER PROGRAM.
         603. ELIGIBILITY.
         604. FUNDING ALLOCATION AND DISTRIBUTION.
         605. PAYMENT OF HOUSING VOUCHERS.
         606. LEASES AND TENANCY.
         607. RENTAL OBLIGATION.
         608. MONTHLY ASSISTANCE PAYMENT.
         609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES.
         610. RENT.
         611. VACATED UNITS.
         612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY.
         613. VERIFICATION OF INCOME.
         614. DIVISION OF AN ASSISTED FAMILY.
         615. MAINTENANCE OF EFFORT.
         616. VOUCHERS STATEWIDE.
         617. APPLICABLE CODES.
         618. HOUSING CHOICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06413-01-1
              

 S. 2804                             2

   § 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS  IN  THE
 PUBLIC  INTEREST  AND AN OBLIGATION OF THE STATE TO ENSURE THAT INDIVID-
 UALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN  INABILITY  TO
 PAY  THE  COST OF HOUSING, AND THAT THE STATE SHOULD AID INDIVIDUALS AND
 FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAIN-
 ING  AND  MAINTAINING  SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   § 601. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HOMELESS" MEANS  LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
 RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE  THAT  IS  A  PUBLIC  OR
 PRIVATE  PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
 ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED  BUILD-
 ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
 FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
 ATED   SHELTER  DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING  ARRANGEMENTS
 (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
 MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
 CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING);  EXITING  AN  INSTITUTION
 WHERE  AN  INDIVIDUAL  OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
 AND ADEQUATE NIGHTTIME RESIDENCE UPON  RELEASE  OR  DISCHARGE;  BEING  A
 HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS
 UNDER  FEDERAL  STATUTE;  HAVING  EXPERIENCED A LONG-TERM PERIOD WITHOUT
 LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSIST-
 ENT INSTABILITY AS MEASURED  BY  FREQUENT  MOVES  AND  BEING  REASONABLY
 EXPECTED  TO  CONTINUE  IN  SUCH  STATUS  FOR AN EXTENDED PERIOD OF TIME
 BECAUSE OF CHRONIC  DISABILITIES,  CHRONIC  PHYSICAL  HEALTH  OR  MENTAL
 HEALTH  CONDITIONS,  SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE
 OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A  DISABILITY,
 MULTIPLE  BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-THREATENING
 CONDITIONS, INCLUDING CONDITIONS THAT  RELATE  TO  VIOLENCE  AGAINST  AN
 INDIVIDUAL OR A FAMILY MEMBER.
   2.  "IMMINENT  LOSS  OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
 DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
 ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY  THAT
 THEY  MUST  LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO HAZARDOUS
 CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPOSURE,  MOLD,
 AND  RADON;  HAVING  A  PRIMARY  NIGHTTIME RESIDENCE THAT IS A ROOM IN A
 HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING  LOSS
 OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME
 OF  ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT
 ALLOW THE INDIVIDUAL OR  FAMILY  TO  STAY,  PROVIDED  FURTHER,  THAT  AN
 ASSERTION  FROM  AN  INDIVIDUAL  OR  FAMILY MEMBER ALLEGING SUCH LOSS OF
 HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR
 FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
 ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR  LIFE-THREAT-
 ENING  CONDITIONS  THAT  RELATE  TO VIOLENCE AGAINST THE INDIVIDUAL OR A
 FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL  OR
 FAMILY  MEMBER  ALLEGING  SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
 CIENT TO ESTABLISH ELIGIBILITY.
   3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY,  MUNICIPALITY,  OR  OTHER
 GOVERNMENTAL  ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
 PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
 TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT  ADMINISTERS
 ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.

 S. 2804                             3
 
   4.  "FAMILY"  MEANS  A  GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
 INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH  OR  WITHOUT  CHILDREN  (A
 CHILD  WHO  IS  TEMPORARILY  AWAY  FROM THE HOME BECAUSE OF PLACEMENT IN
 FOSTER CARE IS CONSIDERED A MEMBER  OF  THE  FAMILY)  OR  THE  REMAINING
 MEMBER OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO
 DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   5. "INDIVIDUAL" MEANS A SINGLE PERSON.
   6. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
 ATIVE,  AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
 HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
   7. "DWELLING UNIT" MEANS  A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
 STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING  UNIT
 IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
 UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
 USED  OR  OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
 PERSONS.
   8. "INCOME" MEANS INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSE-
 HOLD, INCLUDING ALL WAGES, TIPS, OVER-TIME, SALARY, WELFARE  ASSISTANCE,
 SOCIAL  SECURITY  PAYMENTS,  CHILD  SUPPORT PAYMENTS, RETURNS ON INVEST-
 MENTS, AND  RECURRING  GIFTS.  THE  TERM  "INCOME"  SHALL  NOT  INCLUDE:
 EMPLOYMENT  INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT
 INCOME FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER  WHO  ARE  FULL-TIME
 STUDENTS,  FOSTER  CARE  PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY
 PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL  NUTRITION  ASSISTANCE
 PROGRAM  (FOOD  STAMP)  BENEFITS,  EARNED INCOME DISREGARD (EID), OR THE
 EARNED INCOME TAX CREDIT.
   9. "ADJUSTED INCOME" MEANS INCOME MINUS ANY  DEDUCTIONS  ALLOWABLE  BY
 THE  RULES  PROMULGATED  BY  THE  COMMISSIONER PURSUANT TO THIS ARTICLE.
 MANDATORY DEDUCTIONS SHALL INCLUDE:
   (A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT;
   (B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY
 MEMBER WITH A DISABILITY;
   (C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF
 THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION; AND
   (D) THE SUM TOTAL OF UNREIMBURSED MEDICAL EXPENSES  FOR  EACH  ELDERLY
 FAMILY  MEMBER  AND/OR FAMILY MEMBER WITH A DISABILITY PLUS UNREIMBURSED
 ATTENDANT CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF  THE
 FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI-
 LY  (INCLUDING  THE  MEMBER  WHO  IS  A  PERSON WITH A DISABILITY) TO BE
 EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME.
   10. "REASONABLE RENT" MEANS RENT NOT MORE THAN  THE  RENT  CHARGED  ON
 COMPARABLE  UNITS  IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
 COMPARABLE UNASSISTED UNITS IN THE PREMISES.
   11. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
 AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF  HOUSING  AND
 URBAN  DEVELOPMENT'S  OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSUANT
 TO 42 U.S.C. 1437F.
   12. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
 RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED  FOR
 ADMISSION  TO  THE  HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
 PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
 AND STATES THE  OBLIGATIONS  OF  THE  INDIVIDUAL  OR  FAMILY  UNDER  THE
 PROGRAM.
   13.  "LEASE"  MEANS  A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
 FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE  ESTABLISHES
 THE  CONDITIONS  FOR  OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR

 S. 2804                             4
 
 FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER  A  CONTRACT  BETWEEN  THE
 OWNER AND THE PUBLIC HOUSING AGENCY.
   14. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
 OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
   (A) UNDER THE AGE OF EIGHTEEN;
   (B) A PERSON WITH A DISABILITY; OR
   (C) A FULL-TIME STUDENT.
   15. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   16. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
 DREN UNDER THE AGE OF THIRTEEN.
   17.  "FEDERAL  POVERTY  LEVEL"  MEANS  A MEASURE OF INCOME PROMULGATED
 ANNUALLY BY THE UNITED STATES DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES
 PURSUANT  TO  42 U.S.C. 9902 THAT ESTABLISHES A THRESHOLD FOR POVERTY IN
 THE UNITED STATES BASED ON THE SIZE OF HOUSEHOLD.
   18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES  WHO
 PAY  MORE  THAN  FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
 UNITED STATES CENSUS BUREAU.
   19. "DISABILITY" MEANS:
   (A) THE INABILITY TO ENGAGE IN ANY  SUBSTANTIAL  GAINFUL  ACTIVITY  BY
 REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
 CAN  BE  EXPECTED  TO  RESULT  IN  DEATH  OR  WHICH HAS LASTED OR CAN BE
 EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
 OR
   (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE  AGE  OF  FIFTY-
 FIVE  AND  IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
 IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
 TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE  PREVIOUSLY  ENGAGED
 WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
   (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
   (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
   (II)  SUBSTANTIALLY  IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
 AND
   (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY  MORE
 SUITABLE HOUSING CONDITIONS; OR
   (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
 AN INDIVIDUAL THAT:
   (I)  IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
 OF MENTAL AND PHYSICAL IMPAIRMENTS;
   (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
   (III) IS LIKELY TO CONTINUE INDEFINITELY;
   (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
 THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
   (A) SELF-CARE;
   (B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
   (C) LEARNING;
   (D) MOBILITY;
   (E) SELF-DIRECTION;
   (F) CAPACITY FOR INDEPENDENT LIVING; OR
   (G) ECONOMIC SELF-SUFFICIENCY; AND
   (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND  SEQUENCE  OF
 SPECIAL,   INTERDISCIPLINARY,   OR   GENERIC   SERVICES,  INDIVIDUALIZED
 SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR  EXTENDED
 DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
   § 602. HOUSING  ACCESS  VOUCHER  PROGRAM. THE COMMISSIONER, SUBJECT TO
 THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT  A  PROGRAM
 OF  RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-

 S. 2804                             5
 
 VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN  IMMINENT  LOSS  OF
 HOUSING  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.  THE HOUSING
 TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT  TO  THIS  ARTICLE,
 SUBJECT  TO  APPROPRIATION  OF  FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
 WITH THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  TO  ADMINISTER  ANY
 ASPECT  OF  THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
 CLE. THE COMMISSIONER SHALL DESIGNATE PUBLIC  HOUSING  AGENCIES  IN  THE
 STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVIDUALS AND FAMILIES AND TO
 ADMINISTER   OTHER  ASPECTS  OF  THE  PROGRAM  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS ARTICLE.
   § 603. ELIGIBILITY. ELIGIBILITY FOR THE HOUSING ACCESS VOUCHER PROGRAM
 SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR  FACING
 IMMINENT  LOSS  OF  HOUSING. THE COMMISSIONER SHALL PROMULGATE STANDARDS
 FOR DETERMINING ELIGIBILITY FOR THIS PROGRAM.
   1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF  THEY
 ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
 MORE THAN TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL.
   2.  AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER THIS
 PROGRAM SHALL BE NO LONGER FINANCIALLY  ELIGIBLE  FOR  ASSISTANCE  UNDER
 THIS  PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL OR FAMILY'S ADJUSTED
 INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT.
   3. WHEN AN INDIVIDUAL OR FAMILY  BECOMES  FINANCIALLY  INELIGIBLE  FOR
 RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION,  THE  INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
 PERIOD NO SHORTER THAN ONE YEAR.
   4. INCOME ELIGIBILITY SHALL BE VERIFIED NO LESS FREQUENTLY THAN  ANNU-
 ALLY.
   § 604. FUNDING  ALLOCATION AND DISTRIBUTION. 1. FUNDING SHALL BE ALLO-
 CATED BY THE COMMISSIONER IN EACH COUNTY AND THE CITY  OF  NEW  YORK  IN
 PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW
 YORK WHO ARE SEVERELY RENT BURDENED.
   2.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
 ALLOCATED IN EACH COUNTY OR THE CITY OF NEW YORK  AMONG  PUBLIC  HOUSING
 AGENCIES OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK.
   3.  AT  LEAST  FIFTY PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN
 THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS OR  FAMILIES  WHO
 ARE HOMELESS.
   4.  AT LEAST EIGHTY-SEVEN AND ONE-HALF PERCENT OF FUNDS DISTRIBUTED IN
 EACH COUNTY OR IN THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS
 AND FAMILIES WHOSE INCOME DOES NOT EXCEED THE FEDERAL POVERTY LEVEL.
   5. NO FUNDS MAY BE ALLOCATED UNDER  THIS  PROGRAM  TO  INDIVIDUALS  OR
 FAMILIES  WHOSE  INCOME EXCEEDS TWO HUNDRED FIFTY PERCENT OF THE FEDERAL
 POVERTY LEVEL.
   § 605. PAYMENT OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE  PAID
 DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING
 UNIT  TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE PUBLIC
 HOUSING AGENCY. A  HOUSING  ASSISTANCE  PAYMENT  CONTRACT  ENTERED  INTO
 PURSUANT  TO  THIS  SECTION  SHALL  ESTABLISH  THE  MAXIMUM MONTHLY RENT
 (INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT  CHARGES)  WHICH
 THE  OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO
 WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE MAXIMUM MONTHLY  RENT
 SHALL NOT EXCEED ONE HUNDRED TEN PERCENT NOR BE LESS THAN NINETY PERCENT
 OF  THE  FAIR  MARKET  RENT  FOR THE RENTAL AREA IN WHICH IT IS LOCATED.
 FAIR MARKET RENT FOR A RENTAL AREA SHALL  BE  PUBLISHED  NOT  LESS  THAN
 ANNUALLY  BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE
 OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.

 S. 2804                             6
 
   § 606. LEASES AND TENANCY. EACH HOUSING  ASSISTANCE  PAYMENT  CONTRACT
 ENTERED INTO BY A PUBLIC HOUSING AGENCY AND THE OWNER OF A DWELLING UNIT
 SHALL PROVIDE:
   1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
 OF  NOT  LESS  THAN  ONE YEAR, EXCEPT THAT THE PUBLIC HOUSING AGENCY MAY
 APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT  AND  THE
 DWELLING  UNIT  OWNER  IF THE PUBLIC HOUSING AGENCY DETERMINES THAT SUCH
 SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT  AND  IF
 SUCH  SHORTER  TERM  IS CONSIDERED TO BE A PREVAILING LOCAL MARKET PRAC-
 TICE;
   2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
 UNDER THIS ARTICLE THAT:
   (A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE  DWELLING  UNIT
 OWNER; AND
   (B) CONTAIN TERMS AND CONDITIONS THAT:
   (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
   (II)  APPLY  GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
 UNDER THIS ARTICLE;
   (C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE  OWNER  SHALL
 NOT  TERMINATE  THE  TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, AND IN THE CASE OF AN  OWNER  WHO
 IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE
 TERM  OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTI-
 TUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE  THE  TENANCY
 EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER:
   (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
   (II)  HAS  PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
 BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
   (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER  THIS  SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT  SPECIFYING  THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
   3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT  ORIGINATED  UNDER  THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE.  CONTRACTS  SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
 NOT BE TRANSFERABLE BETWEEN  RECIPIENTS.  A  FAMILY  OR  INDIVIDUAL  MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE;
   4.  THAT  AN  OWNER  SHALL  NOT  CHARGE MORE THAN A REASONABLE RENT AS
 DEFINED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE.
   § 607. RENTAL OBLIGATION. 1.  EACH  RECIPIENT  OF  HOUSING  ASSISTANCE
 UNDER  THE  HOUSING  ACCESS  VOUCHER PROGRAM'S MONTHLY RENTAL OBLIGATION
 SHALL BE THE GREATER OF:
   (A) THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME  OF  THE  FAMILY  OR
 INDIVIDUAL; OR
   (B)  IF  THE  FAMILY  OR  INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
 ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE  PAYMENTS,  ADJUSTED
 IN  ACCORDANCE  WITH  THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
 ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE  FAMI-
 LY,  THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
 INCLUDE, BUT ARE NOT  LIMITED  TO  ANY  SHELTER  ASSISTANCE  OR  HOUSING
 ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
   2.  IF  THE  RENT  FOR  THE INDIVIDUAL OR FAMILY (INCLUDING THE AMOUNT
 ALLOWED FOR TENANT-PAID UTILITIES) EXCEEDS THE APPLICABLE PAYMENT STAND-

 S. 2804                             7
 
 ARD ESTABLISHED UNDER SUBDIVISION  ONE  OF  THIS  SECTION,  THE  MONTHLY
 ASSISTANCE  PAYMENT FOR THE FAMILY SHALL BE EQUAL TO THE AMOUNT BY WHICH
 THE APPLICABLE PAYMENT STANDARD EXCEEDS THE  GREATER  OF  AMOUNTS  UNDER
 PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION.
   § 608. MONTHLY  ASSISTANCE  PAYMENT.  1.  THE  AMOUNT  OF  THE MONTHLY
 ASSISTANCE PAYMENT WITH RESPECT  TO  ANY  DWELLING  UNIT  SHALL  BE  THE
 DIFFERENCE  BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
 THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
 FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED SEVEN OF THIS  ARTI-
 CLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   2.  THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
 SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE  USE  OF
 THE  PROGRAM  IN  ALL  LOCALITIES BASED ON THE FAIR MARKET RENTAL OF THE
 RENTAL AREA. RENTAL AREAS SHALL BE DELINEATED BY COUNTY, EXCEPTING  THAT
 THE  CITY  OF  NEW YORK SHALL BE CONSIDERED ONE RENTAL AREA. THE COMMIS-
 SIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED  BY  ANY  OTHER
 STATE  OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET
 RENT.
   3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING  UNIT  IN  A  RENTAL
 AREA  SHALL  NOT  BE  LESS  THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
 HUNDRED TEN PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN  SECTION  SIX
 HUNDRED  ONE  OF  THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE
 SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED  AS
 A  RESULT  OF  A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
 STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A  UNIT  FOR  WHICH
 THE  FAMILY  WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
 FAIR MARKET RENT WAS REDUCED.
   § 609. INSPECTION OF UNITS BY  PUBLIC  HOUSING  AGENCIES.  1.  INITIAL
 INSPECTION.
   (A)  FOR  EACH  DWELLING  UNIT  FOR WHICH A HOUSING ASSISTANCE PAYMENT
 CONTRACT IS ESTABLISHED UNDER THIS ARTICLE, THE  PUBLIC  HOUSING  AGENCY
 (OR OTHER ENTITY PURSUANT TO SECTION SIX HUNDRED TWELVE OF THIS ARTICLE)
 SHALL  INSPECT  THE UNIT BEFORE ANY ASSISTANCE PAYMENT IS MADE TO DETER-
 MINE WHETHER THE DWELLING UNIT MEETS THE HOUSING QUALITY STANDARDS UNDER
 SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPH (B)  OR
 (C) OF THIS SUBDIVISION.
   (B)  IN  THE CASE OF ANY DWELLING UNIT THAT IS DETERMINED, PURSUANT TO
 AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, NOT TO  MEET  THE
 HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, ASSIST-
 ANCE PAYMENTS MAY BE MADE FOR THE UNIT NOTWITHSTANDING SUBDIVISION THREE
 OF  THIS  SECTION  IF FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF
 NON-LIFE-THREATENING CONDITIONS, AS SUCH CONDITIONS ARE  ESTABLISHED  BY
 THE  COMMISSIONER.  A  PUBLIC  HOUSING AGENCY MAKING ASSISTANCE PAYMENTS
 PURSUANT TO THIS PARAGRAPH FOR A DWELLING UNIT SHALL, THIRTY DAYS  AFTER
 THE  BEGINNING  OF THE PERIOD FOR WHICH SUCH PAYMENTS ARE MADE, WITHHOLD
 ANY ASSISTANCE PAYMENTS FOR THE UNIT  IF  ANY  DEFICIENCY  RESULTING  IN
 NONCOMPLIANCE  WITH THE HOUSING QUALITY STANDARDS HAS NOT BEEN CORRECTED
 BY SUCH TIME. THE PUBLIC  HOUSING  AGENCY  SHALL  RECOMMENCE  ASSISTANCE
 PAYMENTS  WHEN  SUCH  DEFICIENCY  HAS  BEEN  CORRECTED,  AND MAY USE ANY
 PAYMENTS WITHHELD TO MAKE ASSISTANCE PAYMENTS  RELATING  TO  THE  PERIOD
 DURING WHICH PAYMENTS WERE WITHHELD.
   (C)  IN  THE CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR
 MONTHS HAS MET THE REQUIREMENTS OF AN INSPECTION THAT  QUALIFIES  AS  AN
 ALTERNATIVE  INSPECTION  METHOD  PURSUANT  TO  SUBDIVISION  FIVE OF THIS
 SECTION, A PUBLIC HOUSING AGENCY  MAY  AUTHORIZE  OCCUPANCY  BEFORE  THE
 INSPECTION  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED,

 S. 2804                             8
 
 AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO  THE  BEGINNING  OF  THE
 LEASE  TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION  TO  MEET  THE  HOUSING  QUALITY
 STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. THIS  PARAGRAPH MAY NOT
 BE  CONSTRUED  TO  EXEMPT  ANY  DWELLING  UNIT  FROM COMPLIANCE WITH THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   2. THE HOUSING QUALITY STANDARDS UNDER THIS SUBDIVISION SHALL BE STAN-
 DARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:
   (A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
   (B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN-
 CIES THAT:
   (I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE  COMMIS-
 SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
 LY  INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU-
 NITIES FOR FAMILIES ASSISTED  UNDER  THIS  ARTICLE,  EXCEPT  WHERE  SUCH
 WAIVER  COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF FAMILIES ASSISTED
 UNDER THIS ARTICLE; AND
   (II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
   3. THE DETERMINATION REQUIRED UNDER SUBDIVISION ONE  OF  THIS  SECTION
 SHALL BE MADE BY THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED
 IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) PURSUANT TO AN INSPECTION
 OF THE DWELLING UNIT CONDUCTED BEFORE ANY ASSISTANCE PAYMENT IS MADE FOR
 THE  UNIT. INSPECTIONS OF DWELLING UNITS UNDER THIS SUBDIVISION SHALL BE
 MADE BEFORE THE EXPIRATION OF THE FIFTEEN DAY PERIOD  BEGINNING  UPON  A
 REQUEST  BY THE RESIDENT OR LANDLORD TO THE PUBLIC HOUSING AGENCY OR, IN
 THE CASE OF ANY PUBLIC HOUSING AGENCY  THAT  PROVIDES  ASSISTANCE  UNDER
 THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY FAMI-
 LIES,  BEFORE  THE EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON SUCH
 REQUEST. THE PERFORMANCE OF  THE  AGENCY  IN  MEETING  THE  FIFTEEN  DAY
 INSPECTION  DEADLINE  SHALL BE TAKEN INTO CONSIDERATION IN ASSESSING THE
 PERFORMANCE OF THE AGENCY.
   4. (A) EACH PUBLIC HOUSING  AGENCY  PROVIDING  ASSISTANCE  UNDER  THIS
 ARTICLE  (OR  OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF
 THIS ARTICLE) SHALL, FOR EACH ASSISTED DWELLING UNIT,  MAKE  INSPECTIONS
 NOT  LESS  OFTEN THAN ANNUALLY DURING THE TERM OF THE HOUSING ASSISTANCE
 PAYMENTS CONTRACT FOR THE UNIT TO DETERMINE WHETHER THE  UNIT  IS  MAIN-
 TAINED IN ACCORDANCE WITH THE REQUIREMENTS UNDER SUBDIVISION ONE OF THIS
 SECTION.
   (B)  THE  REQUIREMENTS  UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
 COMPLIED WITH BY USE OF  INSPECTIONS  THAT  QUALIFY  AS  AN  ALTERNATIVE
 INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   (C)  THE  PUBLIC  HOUSING  AGENCY  (OR  OTHER ENTITY) SHALL RETAIN THE
 RECORDS OF THE INSPECTION FOR A REASONABLE TIME, AS  DETERMINED  BY  THE
 COMMISSIONER.
   5.  AN  INSPECTION  OF  A  PROPERTY  SHALL  QUALIFY  AS AN ALTERNATIVE
 INSPECTION METHOD FOR PURPOSES OF THIS SUBDIVISION IF:
   (A) THE INSPECTION WAS CONDUCTED  PURSUANT  TO  REQUIREMENTS  UNDER  A
 FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
   (B)  PURSUANT  TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET
 THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
 CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM,  AND,  IF  A  NON-STATE
 STANDARD  OR  REQUIREMENT WAS USED, THE PUBLIC HOUSING AGENCY HAS CERTI-
 FIED TO THE COMMISSIONER THAT SUCH STANDARD OR REQUIREMENT PROVIDES  THE
 SAME (OR GREATER) PROTECTION TO OCCUPANTS OF DWELLING UNITS MEETING SUCH
 STANDARD  OR  REQUIREMENT  AS  WOULD THE HOUSING QUALITY STANDARDS UNDER
 SUBDIVISION TWO OF THIS SECTION.

 S. 2804                             9
 
   6. UPON NOTIFICATION TO THE PUBLIC HOUSING AGENCY, BY AN INDIVIDUAL OR
 FAMILY (ON WHOSE BEHALF TENANT-BASED RENTAL ASSISTANCE IS PROVIDED UNDER
 THIS ARTICLE) OR BY A GOVERNMENT OFFICIAL, THAT THE  DWELLING  UNIT  FOR
 WHICH SUCH ASSISTANCE IS PROVIDED DOES NOT COMPLY WITH THE HOUSING QUAL-
 ITY  STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, THE PUBLIC HOUSING
 AGENCY SHALL INSPECT THE DWELLING UNIT:
   (A) IN THE CASE OF ANY  CONDITION  THAT  IS  LIFE-THREATENING,  WITHIN
 TWENTY-FOUR  HOURS  AFTER  THE  AGENCY'S  RECEIPT  OF SUCH NOTIFICATION,
 UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND
   (B) IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING,  WITHIN
 A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.
   7. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL GUIDELINES AND PERFORM-
 ANCE  STANDARDS  TO FACILITATE INSPECTIONS OF DWELLING UNITS AND CONFORM
 SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE PRIVATE HOUSING  MARKET.
 SUCH  GUIDELINES  AND STANDARDS SHALL TAKE INTO CONSIDERATION VARIATIONS
 IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING AGENCIES AND SHALL PROVIDE
 FLEXIBILITY TO AGENCIES APPROPRIATE TO FACILITATE EFFICIENT PROVISION OF
 ASSISTANCE UNDER THIS SECTION.
   § 610. RENT. 1. THE RENT  FOR  DWELLING  UNITS  FOR  WHICH  A  HOUSING
 ASSISTANCE  PAYMENT  CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
 REASONABLE IN COMPARISON WITH  RENTS  CHARGED  FOR  COMPARABLE  DWELLING
 UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
   2.  A  PUBLIC  HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED IN SECTION
 SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, AT THE REQUEST OF AN INDIVID-
 UAL OR FAMILY RECEIVING  TENANT-BASED  ASSISTANCE  UNDER  THIS  ARTICLE,
 ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A
 DWELLING  UNIT  OWNER.  A  PUBLIC  HOUSING AGENCY (OR OTHER SUCH ENTITY)
 SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY  THE  INDIVIDUAL
 OR  FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVID-
 UAL OR  FAMILY)  TO  DETERMINE  WHETHER  THE  RENT  (OR  RENT  INCREASE)
 REQUESTED  BY  THE  OWNER  IS REASONABLE. IF A PUBLIC HOUSING AGENCY (OR
 OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR  RENT  INCREASE)  FOR  A
 DWELLING  UNIT  IS  NOT  REASONABLE, THE PUBLIC HOUSING AGENCY (OR OTHER
 SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE  PAYMENTS  TO  THE  OWNER
 UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT.
   3.  IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
 IS ESTABLISHED UNDER THIS ARTICLE IS  EXEMPT  FROM  LOCAL  RENT  CONTROL
 PROVISIONS  DURING  THE  TERM  OF  THAT CONTRACT, THE RENT FOR THAT UNIT
 SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN  THE  RENTAL  AREA
 THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
   4. EACH PUBLIC HOUSING AGENCY SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS
 DUE  TO A DWELLING UNIT OWNER UNDER THIS SECTION. THE HOUSING ASSISTANCE
 PAYMENT CONTRACT BETWEEN THE OWNER AND THE  PUBLIC  HOUSING  AGENCY  MAY
 PROVIDE  FOR  PENALTIES  FOR  THE  LATE PAYMENT OF AMOUNTS DUE UNDER THE
 CONTRACT, WHICH SHALL BE IMPOSED ON THE PUBLIC HOUSING AGENCY IN ACCORD-
 ANCE WITH GENERALLY ACCEPTED PRACTICES IN THE LOCAL HOUSING MARKET.
   5. UNLESS OTHERWISE AUTHORIZED BY THE COMMISSIONER, EACH PUBLIC  HOUS-
 ING AGENCY SHALL PAY ANY PENALTIES FROM ADMINISTRATIVE FEES COLLECTED BY
 THE  PUBLIC  HOUSING  AGENCY, EXCEPT THAT NO PENALTY SHALL BE IMPOSED IF
 THE LATE PAYMENT IS DUE TO FACTORS THAT THE COMMISSIONER DETERMINES  ARE
 BEYOND THE CONTROL OF THE PUBLIC HOUSING AGENCY.
   § 611. VACATED  UNITS.  IF  AN ASSISTED FAMILY VACATES A DWELLING UNIT
 FOR WHICH RENTAL ASSISTANCE  IS  PROVIDED  UNDER  A  HOUSING  ASSISTANCE
 PAYMENT  CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
 UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY  NOT  BE  PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.

 S. 2804                            10
 
   § 612. LEASING  OF  UNITS  OWNED  BY A PUBLIC HOUSING AGENCY. 1. IF AN
 ELIGIBLE INDIVIDUAL OR FAMILY  ASSISTED  UNDER  THIS  ARTICLE  LEASES  A
 DWELLING  UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED
 BY A PUBLIC HOUSING AGENCY ADMINISTERING ASSISTANCE TO  THAT  INDIVIDUAL
 OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF
 GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER,
 TO  MAKE  INSPECTIONS  REQUIRED  UNDER  SECTION SIX HUNDRED NINE OF THIS
 ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX  HUNDRED  TEN
 OF  THIS  ARTICLE.  THE  AGENCY SHALL BE RESPONSIBLE FOR ANY EXPENSES OF
 SUCH INSPECTIONS AND DETERMINATIONS.
   2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A  PUBLIC  HOUSING
 AGENCY"  MEANS,  WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT
 IS IN A PROJECT THAT IS OWNED  BY  SUCH  AGENCY,  BY  AN  ENTITY  WHOLLY
 CONTROLLED  BY SUCH AGENCY, OR BY A LIMITED LIABILITY COMPANY OR LIMITED
 PARTNERSHIP IN WHICH SUCH AGENCY (OR AN ENTITY WHOLLY CONTROLLED BY SUCH
 AGENCY) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER  OR  GENERAL
 PARTNER.  A  DWELLING  UNIT  SHALL NOT BE DEEMED TO BE OWNED BY A PUBLIC
 HOUSING AGENCY FOR PURPOSES OF THIS SECTION BECAUSE THE AGENCY  HOLDS  A
 FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITU-
 ATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE
 UNIT,  OR  HOLDS  A NON-CONTROLLING INTEREST IN AN ENTITY WHICH OWNS THE
 UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER  OF  AN  ENTITY  WHICH
 OWNS THE UNIT.
   § 613. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
 DURES  WHICH  ARE  APPROPRIATE  AND NECESSARY TO ASSURE THAT INCOME DATA
 PROVIDED TO THE PUBLIC HOUSING AGENCY  AND  OWNERS  BY  INDIVIDUALS  AND
 FAMILIES  APPLYING  FOR  OR  RECEIVING  ASSISTANCE UNDER THIS ARTICLE IS
 COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER
 SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF  FAMILIES
 TO  AUTHORIZE  THE  COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES
 FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW  THOSE  FAMILIES  TO
 PROVIDE  SUCH  INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT
 IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPENSATION AND FEDERAL
 INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE  UNDER  THE
 SOCIAL  SECURITY  ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT
 OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE  UNITED  STATE  CODE.
 ANY  SUCH  INFORMATION  RECEIVED  PURSUANT  TO THIS SECTION SHALL REMAIN
 CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES
 IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR  BENE-
 FITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE.
   § 614. DIVISION  OF  AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
 FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED  INTO  TWO  OTHERWISE
 ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
 DIVISION OF THE FAMILY, WHERE THE NEW UNITS CANNOT AGREE AS TO WHICH NEW
 UNIT  SHOULD  CONTINUE  TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO
 DETERMINATION BY A COURT, THE PUBLIC HOUSING  AUTHORITY  SHALL  CONSIDER
 THE  FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES
 WILL CONTINUE TO BE ASSISTED:
   (A) WHICH OF THE NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN;
   (B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
 INITIALLY ISSUED (LISTED ON THE INITIAL APPLICATION);
   (C) THE COMPOSITION OF THE NEW UNITS AND WHICH UNIT  INCLUDES  ELDERLY
 OR DISABLED MEMBERS;
   (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF THE FAMI-
 LY UNIT;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND

 S. 2804                            11
 
   (F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS.
   2.  DOCUMENTATION  OF  THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
 REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE PUBLIC HOUSING
 AGENCY WILL TERMINATE ASSISTANCE ON THE  BASIS  OF  FAILURE  TO  PROVIDE
 INFORMATION NECESSARY FOR A RECERTIFICATION.
   § 615. MAINTENANCE  OF  EFFORT.  ANY  FUNDS MADE AVAILABLE PURSUANT TO
 THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT  OF  FUNDS
 PREVIOUSLY  EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
 ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED  TO  SUPPLEMENT
 ANY  PRIOR  YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
 TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR  OTHER  GOVERNMENTAL
 ENTITY  OR  PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
 PREVIOUSLY EXPENDED IS IN EXCESS OF  THE  AMOUNT  NECESSARY  TO  PROVIDE
 ASSISTANCE  TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
 FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR  FACING  AN  IMMINENT
 LOSS OF HOUSING.
   § 616. VOUCHERS  STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED SIX OF
 THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE  MAY  BE  USED
 FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
 HOLDERS  THAT  A  VOUCHER  MAY BE USED ANYWHERE IN THE STATE AND, TO THE
 EXTENT PRACTICABLE, THE COMMISSIONER SHALL  ASSIST  VOUCHER  HOLDERS  IN
 FINDING HOUSING IN THE AREA OF THEIR CHOICE.
   § 617. APPLICABLE  CODES.  HOUSING  ELIGIBLE  FOR PARTICIPATION IN THE
 HOMELESS ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE  STATE  AND
 LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
   § 618. HOUSING  CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOME-
 LESS ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
 FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY  PROMOTE  FAIR
 HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
   2.  NOTHING  IN  THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
 OBLIGATIONS PROMULGATED BY  MUNICIPALITIES,  LOCALITIES,  OR  ANY  OTHER
 APPLICABLE JURISDICTION.
   §  2. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2804--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sens. KAVANAGH, PERSAUD, BAILEY, BENJAMIN, BIAGGI, BRIS-
   PORT, BROUK, COMRIE, COONEY, GIANARIS, GOUNARDES,  HARCKHAM,  HINCHEY,
   HOYLMAN, JACKSON, KAMINSKY, KRUEGER, LIU, MANNION, MAY, MYRIE, PARKER,
   RAMOS,  RIVERA,  RYAN,  SALAZAR,  SANDERS, SAVINO, SEPULVEDA, SERRANO,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee  on  Housing, Construction and Community
   Development -- committee discharged, bill amended,  ordered  reprinted
   as  amended  and  recommitted  to said committee -- reported favorably
   from said committee and committed  to  the  Committee  on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the public housing law, in relation to establishing  the
   housing access voucher program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public housing law is amended by adding a  new  article
 14 to read as follows:
                                ARTICLE 14
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 600. LEGISLATIVE FINDINGS.
         601. DEFINITIONS.
         602. HOUSING ACCESS VOUCHER PROGRAM.
         603. ELIGIBILITY.
         604. FUNDING ALLOCATION AND DISTRIBUTION.
         605. PAYMENT OF HOUSING VOUCHERS.
         606. LEASES AND TENANCY.
         607. RENTAL OBLIGATION.
         608. MONTHLY ASSISTANCE PAYMENT.
         609. INSPECTION OF UNITS.
         610. RENT.
         611. VACATED UNITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06413-08-1

 S. 2804--B                          2
 
         612. LEASING  OF  UNITS  OWNED BY A HOUSING ACCESS VOUCHER LOCAL
                ADMINISTRATOR.
         613. VERIFICATION OF INCOME.
         614. DIVISION OF AN ASSISTED FAMILY.
         615. MAINTENANCE OF EFFORT.
         616. VOUCHERS STATEWIDE.
         617. APPLICABLE CODES.
         618. HOUSING CHOICE.
   § 600. LEGISLATIVE  FINDINGS.  THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST AND AN OBLIGATION OF THE STATE TO ENSURE  THAT  INDIVID-
 UALS  AND  FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO
 PAY THE COST OF HOUSING, AND THAT THE STATE SHOULD AID  INDIVIDUALS  AND
 FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAIN-
 ING  AND  MAINTAINING  SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   § 601. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HOMELESS" MEANS  LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
 RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE  THAT  IS  A  PUBLIC  OR
 PRIVATE  PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
 ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED  BUILD-
 ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
 FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
 ATED   SHELTER  DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING  ARRANGEMENTS
 (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
 MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
 CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING);  EXITING  AN  INSTITUTION
 WHERE  AN  INDIVIDUAL  OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
 AND ADEQUATE NIGHTTIME RESIDENCE UPON  RELEASE  OR  DISCHARGE;  BEING  A
 HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS
 UNDER  42 U.S.C. § 11302(A); HAVING EXPERIENCED A LONG-TERM PERIOD WITH-
 OUT LIVING INDEPENDENTLY IN  PERMANENT  HOUSING  OR  HAVING  EXPERIENCED
 PERSISTENT  INSTABILITY  AS MEASURED BY FREQUENT MOVES AND BEING REASON-
 ABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF  TIME
 BECAUSE  OF  CHRONIC  DISABILITIES,  CHRONIC  PHYSICAL  HEALTH OR MENTAL
 HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF  DOMESTIC  VIOLENCE
 OR  CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY,
 MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR  LIFE-THREATENING
 CONDITIONS,  INCLUDING  CONDITIONS  THAT  RELATE  TO VIOLENCE AGAINST AN
 INDIVIDUAL OR A FAMILY MEMBER.
   2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED  A  VERIFIED  RENT
 DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
 ING  FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
 THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING  DUE  TO  A  COURT
 ORDER  TO  VACATE  THE  PREMISES  DUE TO HAZARDOUS CONDITIONS, WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND  RADON;
 HAVING  A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
 AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE  PRIMARY
 NIGHTTIME  RESIDENCE,  WHICH  MAY  INCLUDE LIVING IN THE HOME OF ANOTHER
 HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT  ALLOW  THE
 INDIVIDUAL  OR  FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
 AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF  HOUSING  OR  HOME-
 LESSNESS  SHALL  BE  SUFFICIENT  TO ESTABLISH ELIGIBILITY; OR FLEEING OR
 ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE,  SEXUAL  ASSAULT,
 STALKING,  HUMAN  TRAFFICKING  OR  OTHER  DANGEROUS  OR LIFE-THREATENING
 CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL  OR  A  FAMILY

 S. 2804--B                          3
 
 MEMBER,  PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
 MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL  BE  SUFFICIENT  TO
 ESTABLISH ELIGIBILITY.
   3.  "PUBLIC  HOUSING  AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
 GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER  ANY
 PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
 TY),  AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
 ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
   4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS AN ORGANIZATION THAT ADMINIS-
 TERS THE SECTION 8 HOUSING CHOICE VOUCHERS PROGRAM WITHIN  A  COMMUNITY,
 COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE
 HOUSING TRUST FUND CORPORATION.
   5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
 AGENCY,  AS  DEFINED  IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
 LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS  VOUCHER
 PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
 AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION.
   6.  "FAMILY"  MEANS  A  GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
 INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH  OR  WITHOUT  CHILDREN  (A
 CHILD  WHO  IS  TEMPORARILY  AWAY  FROM THE HOME BECAUSE OF PLACEMENT IN
 FOSTER CARE IS CONSIDERED A MEMBER  OF  THE  FAMILY)  OR  ANY  REMAINING
 MEMBERS  OF  A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
 TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
 ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING  AGENCY,
 HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
   8. "DWELLING UNIT" MEANS  A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
 STRUCTURES  SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
 IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
 UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
 USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE  OR  MORE
 PERSONS.
   9. "INCOME" MEANS INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSE-
 HOLD,  INCLUDING ALL WAGES, TIPS, OVER-TIME, SALARY, WELFARE ASSISTANCE,
 SOCIAL SECURITY PAYMENTS, CHILD SUPPORT  PAYMENTS,  RETURNS  ON  INVEST-
 MENTS,  AND  RECURRING  GIFTS.  THE  TERM  "INCOME"  SHALL  NOT INCLUDE:
 EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE,  EMPLOYMENT
 INCOME  FROM  CHILDREN  EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME
 STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS,  GROCERIES  PROVIDED  BY
 PERSONS  NOT  LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE
 PROGRAM (FOOD STAMP) BENEFITS, EARNED INCOME  DISREGARD  (EID),  OR  THE
 EARNED INCOME TAX CREDIT.
   10.  "ADJUSTED  INCOME" MEANS INCOME MINUS ANY DEDUCTIONS ALLOWABLE BY
 THE RULES PROMULGATED BY THE  COMMISSIONER  PURSUANT  TO  THIS  ARTICLE.
 MANDATORY DEDUCTIONS SHALL INCLUDE:
   (A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT;
   (B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY
 MEMBER WITH A DISABILITY;
   (C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF
 THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION;
   (D)  THE  SUM  TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY
 FAMILY MEMBER AND/OR FAMILY MEMBER WITH A DISABILITY  PLUS  UNREIMBURSED
 ATTENDANT  CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF THE
 FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI-
 LY (INCLUDING THE MEMBER OF THE FAMILY WHO IS A PERSON WITH A  DISABILI-

 S. 2804--B                          4
 
 TY)  TO  BE  EMPLOYED,  THAT IS GREATER THAN THREE PERCENT OF THE ANNUAL
 INCOME; AND
   (E) EXPENSES RELATED TO CHILD SUPPORT PAYMENTS DUE AND OWING.
   11.  "REASONABLE  RENT"  MEANS  RENT NOT MORE THAN THE RENT CHARGED ON
 COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT  CHARGED  FOR
 COMPARABLE UNASSISTED UNITS IN THE PREMISES.
   12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
 AS  PROMULGATED  ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND  RESEARCH  PURSUANT
 TO 42 U.S.C. 1437F.
   13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
 RATION  PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
 ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM,  WHICH  DESCRIBES  SUCH
 PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
 AND  STATES  THE  OBLIGATIONS  OF  THE  INDIVIDUAL  OR  FAMILY UNDER THE
 PROGRAM.
   14. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER  AND  A  TENANT
 FOR  THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
 THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY  AN  INDIVIDUAL  OR
 FAMILY  WITH  HOUSING  ASSISTANCE  PAYMENTS UNDER A CONTRACT BETWEEN THE
 OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
 OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
   (A) UNDER THE AGE OF EIGHTEEN;
   (B) A PERSON WITH A DISABILITY; OR
   (C) A FULL-TIME STUDENT.
   16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
 DREN UNDER THE AGE OF THIRTEEN.
   18. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES  WHO
 PAY  MORE  THAN  FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
 UNITED STATES CENSUS BUREAU.
   19. "DISABILITY" MEANS:
   (A) THE INABILITY TO ENGAGE IN ANY  SUBSTANTIAL  GAINFUL  ACTIVITY  BY
 REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
 CAN  BE  EXPECTED  TO  RESULT  IN  DEATH  OR  WHICH HAS LASTED OR CAN BE
 EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
 OR
   (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE  AGE  OF  FIFTY-
 FIVE  AND  IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
 IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
 TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE  PREVIOUSLY  ENGAGED
 WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
   (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
   (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
   (II)  SUBSTANTIALLY  IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
 AND
   (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY  MORE
 SUITABLE HOUSING CONDITIONS; OR
   (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
 AN INDIVIDUAL THAT:
   (I)  IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
 OF MENTAL AND PHYSICAL IMPAIRMENTS;
   (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
   (III) IS LIKELY TO CONTINUE INDEFINITELY;

 S. 2804--B                          5
 
   (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
 THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
   (A) SELF-CARE;
   (B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
   (C) LEARNING;
   (D) MOBILITY;
   (E) SELF-DIRECTION;
   (F) CAPACITY FOR INDEPENDENT LIVING; OR
   (G) ECONOMIC SELF-SUFFICIENCY; AND
   (V)  REFLECTS  THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
 SPECIAL,  INTERDISCIPLINARY,   OR   GENERIC   SERVICES,   INDIVIDUALIZED
 SUPPORTS,  OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
 DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
   § 602. HOUSING ACCESS VOUCHER PROGRAM. THE  COMMISSIONER,  SUBJECT  TO
 THE  APPROPRIATION  OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
 OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE  INDI-
 VIDUALS  AND  FAMILIES  WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.  THE  HOUSING
 TRUST  FUND  CORPORATION  SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
 SUBJECT TO APPROPRIATION OF FUNDS FOR THIS  PURPOSE,  AND  MAY  CONTRACT
 WITH  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
 ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF  THIS  ARTI-
 CLE.  THE  COMMISSIONER  SHALL  DESIGNATE  HOUSING  ACCESS VOUCHER LOCAL
 ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH  INDIVID-
 UALS  AND  FAMILIES  AND  TO  ADMINISTER OTHER ASPECTS OF THE PROGRAM IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IN THE CITY OF NEW YORK,
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL  BE  THE  NEW  YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK
 CITY HOUSING AUTHORITY, OR BOTH.
   § 603. ELIGIBILITY.  THE  COMMISSIONER  SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS  PROGRAM.  INDIVIDUALS
 AND  FAMILIES  WHO  MEET  THE  STANDARDS SHALL BE ELIGIBLE REGARDLESS OF
 IMMIGRATION STATUS. ELIGIBILITY SHALL  BE  LIMITED  TO  INDIVIDUALS  AND
 FAMILIES  WHO  ARE  HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON  CORRESPONDENCE  FROM  A
 HOMELESS  SHELTER OR SIMILAR INSTITUTION OR PROGRAM TO DETERMINE WHETHER
 AN APPLICANT QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
   1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF  THEY
 ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
 MORE  THAN  FIFTY  PERCENT  OF THE AREA MEDIAN INCOME, AS DEFINED BY THE
 FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
 THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
 UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S  OR  FAMILY'S
 ADJUSTED  INCOME  IS  GREATER  THAN  OR  EQUAL TO THE TOTAL RENT FOR THE
 DWELLING UNIT.
   3. WHEN AN INDIVIDUAL OR FAMILY  BECOMES  FINANCIALLY  INELIGIBLE  FOR
 RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION,  THE  INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
 PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF  FUNDS  FOR
 THIS PURPOSE.
   4.  INCOME  ELIGIBILITY  SHALL  BE  VERIFIED PRIOR TO A PUBLIC HOUSING
 AGENCY'S INITIAL DETERMINATION TO PROVIDE  RENTAL  ASSISTANCE  FOR  THIS
 PROGRAM  AND  UPON  DETERMINATION  OF SUCH ELIGIBILITY, AN INDIVIDUAL OR
 FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE PURPOSE OF  DETERMIN-
 ING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH RENTAL ASSISTANCE.

 S. 2804--B                          6
 
   5.  THE    COMMISSIONER SHALL COLLABORATE WITH THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE AND OTHER STATE AND  CITY  AGENCIES  TO  ALLOW
 PUBLIC  HOUSING AGENCIES TO ACCESS INCOME INFORMATION FOR THE PURPOSE OF
 VERIFYING AN INDIVIDUAL'S OR FAMILY'S INCOME.
   § 604. FUNDING  ALLOCATION AND DISTRIBUTION. 1. FUNDING SHALL BE ALLO-
 CATED BY THE COMMISSIONER IN EACH COUNTY AND THE CITY  OF  NEW  YORK  IN
 PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW
 YORK  WHO  ARE  SEVERELY  RENT  BURDENED  BASED ON DATA PUBLISHED BY THE
 UNITED STATES CENSUS BUREAU.
   2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR  DISTRIBUTING  THE  FUNDS
 ALLOCATED  IN  EACH  COUNTY OR THE CITY OF NEW YORK AMONG HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR IN THE CITY  OF
 NEW YORK.
   3.  AT  LEAST  FIFTY PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN
 THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS OR  FAMILIES  WHO
 ARE  HOMELESS. IF A COUNTY IS UNABLE TO FULLY DISTRIBUTE ALL FUNDS ALLO-
 CATED PURSUANT TO THIS PROGRAM UNDER THIS SECTION, SUCH COUNTY MAY SPEND
 FEWER THAN FIFTY PERCENT OF  ITS  FUNDS  FOR  THOSE  WHO  ARE  HOMELESS,
 PROVIDED  THAT  ALL  ELIGIBLE  APPLICANT INDIVIDUALS OR FAMILIES WHO ARE
 HOMELESS HAVE BEEN SERVED.
   4. AT LEAST EIGHTY-FIVE PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR
 IN THE CITY OF NEW YORK FOR INDIVIDUALS OR  FAMILIES  WHO  ARE  HOMELESS
 PURSUANT  TO  SUBDIVISION  THREE  OF  THIS SECTION SHALL BE ALLOCATED TO
 INDIVIDUALS AND FAMILIES WHOSE INCOME DOES NOT EXCEED THIRTY PERCENT  OF
 THE  AREA  MEDIAN INCOME AS DEFINED BY THE FEDERAL DEPARTMENT OF HOUSING
 AND URBAN DEVELOPMENT.
   5. OF THE FUNDS ALLOCATED TO INDIVIDUALS  AND  FAMILIES  WHO  FACE  AN
 IMMINENT  LOSS  OF  HOUSING,  PRIORITY SHALL BE GIVEN TO INDIVIDUALS AND
 FAMILIES WHO HAVE FORMERLY EXPERIENCED HOMELESSNESS, INCLUDING THOSE WHO
 HAVE PREVIOUSLY RECEIVED A TEMPORARY RENTAL VOUCHER FROM  THE  STATE,  A
 LOCALITY,  OR  A  NON-PROFIT ORGANIZATION OR WHO CURRENTLY HAVE A RENTAL
 ASSISTANCE VOUCHER THAT IS DUE TO EXPIRE WITHIN SIX MONTHS  OF  APPLICA-
 TION.
   § 605. PAYMENT  OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID
 DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING
 UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE HOUSING
 ACCESS  VOUCHER  LOCAL  ADMINISTRATOR.  A  HOUSING  ASSISTANCE   PAYMENT
 CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE MAXI-
 MUM MONTHLY RENT (INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT
 CHARGES)  WHICH  THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT
 WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE MAXI-
 MUM MONTHLY RENT SHALL NOT EXCEED ONE HUNDRED TEN PERCENT  NOR  BE  LESS
 THAN NINETY PERCENT OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH
 IT  IS  LOCATED.   FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
 NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE  MADE  AVAILABLE
 ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
   § 606. LEASES  AND  TENANCY.  EACH HOUSING ASSISTANCE PAYMENT CONTRACT
 ENTERED INTO BY A HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  AND  THE
 OWNER OF A DWELLING UNIT SHALL PROVIDE:
   1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
 OF  NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN  INITIAL  LEASE  BETWEEN
 THE  TENANT  AND  THE  DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR DETERMINES THAT  SUCH  SHORTER  TERM  WOULD  IMPROVE
 HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
 ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;

 S. 2804--B                          7
 
   2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
 UNDER THIS ARTICLE THAT:
   (A)  ARE  IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
 OWNER; AND
   (B) CONTAIN TERMS AND CONDITIONS THAT:
   (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
   (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE  NOT  ASSISTED
 UNDER THIS ARTICLE;
   (C)  SHALL  PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
 NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR  REPEATED  VIOLATION  OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR  LOCAL  LAW, OR FOR OTHER GOOD CAUSE, AND IN THE CASE OF AN OWNER WHO
 IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE
 TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT  CONSTI-
 TUTE  OTHER  GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE THE TENANCY
 EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER:
   (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
   (II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST  NINETY  DAYS
 BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
   (D)  SHALL  PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF  SHALL  BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
   3.  THAT  ANY  UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS  AND  SHALL
 NOT  BE  TRANSFERABLE  BETWEEN  RECIPIENTS.  A  FAMILY OR INDIVIDUAL MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE;
   4. THAT AN OWNER SHALL NOT CHARGE  MORE  THAN  A  REASONABLE  RENT  AS
 DEFINED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE.
   § 607. RENTAL  OBLIGATION.  1.  THE  MONTHLY  RENTAL OBLIGATION FOR AN
 INDIVIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE  HOUS-
 ING ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
   (A)  THIRTY  PERCENT  OF  THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
 INDIVIDUAL; OR
   (B) IF THE FAMILY OR INDIVIDUAL  IS  RECEIVING  PAYMENTS  FOR  WELFARE
 ASSISTANCE  FROM  A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
 IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE  FAMILY,  IS  SPECIF-
 ICALLY  DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
 LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE  PAYMENTS
 INCLUDE,  BUT  ARE  NOT  LIMITED  TO  ANY  SHELTER ASSISTANCE OR HOUSING
 ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
   2. IF THE RENT FOR THE INDIVIDUAL  OR  FAMILY  (INCLUDING  THE  AMOUNT
 ALLOWED FOR TENANT-PAID UTILITIES) EXCEEDS THE APPLICABLE PAYMENT STAND-
 ARD  ESTABLISHED UNDER SUBDIVISION THREE OF SECTION SIX HUNDRED EIGHT OF
 THIS ARTICLE, THE MONTHLY ASSISTANCE PAYMENT FOR  THE  FAMILY  SHALL  BE
 EQUAL TO THE AMOUNT BY WHICH THE APPLICABLE PAYMENT STANDARD EXCEEDS THE
 GREATER  OF  AMOUNTS  UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF
 THIS SECTION.
   § 608. MONTHLY ASSISTANCE  PAYMENT.  1.  THE  AMOUNT  OF  THE  MONTHLY
 ASSISTANCE  PAYMENT  WITH  RESPECT  TO  ANY  DWELLING  UNIT SHALL BE THE
 DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT  PROVIDES
 THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR

 S. 2804--B                          8
 
 FAMILY  IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED SEVEN OF THIS ARTI-
 CLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   2.  THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
 SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE  USE  OF
 THE  PROGRAM  IN  ALL  LOCALITIES BASED ON THE FAIR MARKET RENTAL OF THE
 RENTAL AREA. RENTAL AREAS SHALL BE DELINEATED BY COUNTY, EXCEPTING  THAT
 THE  CITY  OF  NEW YORK SHALL BE CONSIDERED ONE RENTAL AREA. THE COMMIS-
 SIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED  BY  ANY  OTHER
 STATE  OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET
 RENT.
   3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING  UNIT  IN  A  RENTAL
 AREA  SHALL  NOT  BE  LESS  THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
 HUNDRED TEN PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN  SECTION  SIX
 HUNDRED  ONE  OF  THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE
 SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED  AS
 A  RESULT  OF  A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
 STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A  UNIT  FOR  WHICH
 THE  FAMILY  WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
 FAIR MARKET RENT WAS REDUCED.
   § 609. INSPECTION OF UNITS. 1. INITIAL INSPECTION.
   (A) FOR EACH DWELLING UNIT FOR  WHICH  A  HOUSING  ASSISTANCE  PAYMENT
 CONTRACT  IS  ESTABLISHED UNDER THIS ARTICLE, THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR (OR OTHER ENTITY PURSUANT  TO  SECTION  SIX  HUNDRED
 TWELVE  OF  THIS  ARTICLE)  SHALL INSPECT THE UNIT BEFORE ANY ASSISTANCE
 PAYMENT IS MADE TO DETERMINE WHETHER THE DWELLING UNIT MEETS THE HOUSING
 QUALITY STANDARDS UNDER SUBDIVISION  TWO  OF  THIS  SECTION,  EXCEPT  AS
 PROVIDED IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION.
   (B)  IN  THE CASE OF ANY DWELLING UNIT THAT IS DETERMINED, PURSUANT TO
 AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, NOT TO  MEET  THE
 HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, ASSIST-
 ANCE  PAYMENTS MAY BE MADE AT THE DISCRETION OF A HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR FOR THE UNIT NOTWITHSTANDING  SUBDIVISION  THREE  OF
 THIS  SECTION IF FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF NON-
 LIFE-THREATENING CONDITIONS, AS SUCH CONDITIONS ARE ESTABLISHED  BY  THE
 COMMISSIONER.  A  HOUSING  ACCESS  VOUCHER  LOCAL  ADMINISTRATOR  MAKING
 ASSISTANCE PAYMENTS PURSUANT TO  THIS  PARAGRAPH  FOR  A  DWELLING  UNIT
 SHALL,  THIRTY  DAYS  AFTER  THE  BEGINNING OF THE PERIOD FOR WHICH SUCH
 PAYMENTS ARE MADE, WITHHOLD ANY ASSISTANCE PAYMENTS FOR THE UNIT IF  ANY
 DEFICIENCY RESULTING IN NONCOMPLIANCE WITH THE HOUSING QUALITY STANDARDS
 HAS  NOT  BEEN  CORRECTED BY SUCH TIME. THE HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR SHALL RECOMMENCE ASSISTANCE PAYMENTS WHEN SUCH  DEFICIENCY
 HAS BEEN CORRECTED, AND MAY USE ANY PAYMENTS WITHHELD TO MAKE ASSISTANCE
 PAYMENTS RELATING TO THE PERIOD DURING WHICH PAYMENTS WERE WITHHELD.
   (C)  IN  THE CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR
 MONTHS HAS MET THE REQUIREMENTS OF AN INSPECTION THAT  QUALIFIES  AS  AN
 ALTERNATIVE  INSPECTION  METHOD  PURSUANT  TO  SUBDIVISION  FIVE OF THIS
 SECTION, A HOUSING ACCESS  VOUCHER  LOCAL  ADMINISTRATOR  MAY  AUTHORIZE
 OCCUPANCY  BEFORE THE INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 HAS BEEN COMPLETED, AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO  THE
 BEGINNING  OF THE LEASE TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT
 TO AN INSPECTION UNDER PARAGRAPH (A) OF THIS  SUBDIVISION  TO  MEET  THE
 HOUSING  QUALITY  STANDARDS  UNDER SUBDIVISION TWO OF THIS SECTION. THIS
 PARAGRAPH MAY NOT BE CONSTRUED TO EXEMPT ANY DWELLING UNIT FROM  COMPLI-
 ANCE WITH THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   2. THE HOUSING QUALITY STANDARDS UNDER THIS SUBDIVISION SHALL BE STAN-
 DARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:

 S. 2804--B                          9
 
   (A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
   (B)  BY  LOCAL HOUSING CODES OR BY CODES ADOPTED BY THE HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR THAT:
   (I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE  COMMIS-
 SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
 LY  INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU-
 NITIES FOR FAMILIES ASSISTED  UNDER  THIS  ARTICLE,  EXCEPT  WHERE  SUCH
 WAIVER  COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF FAMILIES ASSISTED
 UNDER THIS ARTICLE; AND
   (II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
   3. THE DETERMINATION REQUIRED UNDER SUBDIVISION ONE  OF  THIS  SECTION
 SHALL  BE  MADE  BY  THE  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR
 OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE)
 PURSUANT TO AN INSPECTION OF THE  DWELLING  UNIT  CONDUCTED  BEFORE  ANY
 ASSISTANCE  PAYMENT  IS MADE FOR THE UNIT. INSPECTIONS OF DWELLING UNITS
 UNDER THIS SUBDIVISION SHALL  BE  MADE  BEFORE  THE  EXPIRATION  OF  THE
 FIFTEEN  DAY PERIOD BEGINNING UPON A REQUEST BY THE RESIDENT OR LANDLORD
 TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR OR, IN THE CASE OF ANY
 HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  THAT  PROVIDES  ASSISTANCE
 UNDER THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY
 FAMILIES,  BEFORE  THE  EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON
 SUCH REQUEST. THE PERFORMANCE OF THE HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR IN MEETING THE FIFTEEN DAY INSPECTION DEADLINE SHALL  BE  TAKEN
 INTO  CONSIDERATION  IN  ASSESSING THE PERFORMANCE OF THE HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR.
   4. (A) EACH  HOUSING  ACCESS  VOUCHER  LOCAL  ADMINISTRATOR  PROVIDING
 ASSISTANCE  UNDER  THIS ARTICLE (OR OTHER ENTITY, AS PROVIDED IN SECTION
 SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, FOR  EACH  ASSISTED  DWELLING
 UNIT,  MAKE  INSPECTIONS NOT LESS OFTEN THAN ANNUALLY DURING THE TERM OF
 THE HOUSING ASSISTANCE PAYMENTS  CONTRACT  FOR  THE  UNIT  TO  DETERMINE
 WHETHER THE UNIT IS MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS UNDER
 SUBDIVISION ONE OF THIS SECTION.
   (B)  THE  REQUIREMENTS  UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
 COMPLIED WITH BY USE OF  INSPECTIONS  THAT  QUALIFY  AS  AN  ALTERNATIVE
 INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   (C)  THE  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY)
 SHALL RETAIN THE RECORDS OF THE INSPECTION FOR  A  REASONABLE  TIME,  AS
 DETERMINED BY THE COMMISSIONER.
   5.  AN  INSPECTION  OF  A  PROPERTY  SHALL  QUALIFY  AS AN ALTERNATIVE
 INSPECTION METHOD FOR PURPOSES OF THIS SUBDIVISION IF:
   (A) THE INSPECTION WAS CONDUCTED  PURSUANT  TO  REQUIREMENTS  UNDER  A
 FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
   (B)  PURSUANT  TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET
 THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
 CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM,  AND,  IF  A  NON-STATE
 STANDARD  OR  REQUIREMENT  WAS  USED,  THE  HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR HAS CERTIFIED TO THE COMMISSIONER THAT  SUCH  STANDARD  OR
 REQUIREMENT  PROVIDES  THE  SAME (OR GREATER) PROTECTION TO OCCUPANTS OF
 DWELLING UNITS MEETING SUCH STANDARD OR REQUIREMENT AS WOULD THE HOUSING
 QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION.
   6. UPON NOTIFICATION TO THE HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRA-
 TOR,  BY  AN  INDIVIDUAL  OR FAMILY (ON WHOSE BEHALF TENANT-BASED RENTAL
 ASSISTANCE IS PROVIDED UNDER THIS ARTICLE) OR BY A GOVERNMENT  OFFICIAL,
 THAT  THE  DWELLING  UNIT FOR WHICH SUCH ASSISTANCE IS PROVIDED DOES NOT
 COMPLY WITH THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF  THIS

 S. 2804--B                         10
 
 SECTION,  THE  HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL INSPECT
 THE DWELLING UNIT:
   (A)  IN  THE  CASE  OF  ANY CONDITION THAT IS LIFE-THREATENING, WITHIN
 TWENTY-FOUR HOURS AFTER THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR'S
 RECEIPT OF SUCH NOTIFICATION,  UNLESS  WAIVED  BY  THE  COMMISSIONER  IN
 EXTRAORDINARY CIRCUMSTANCES; AND
   (B)  IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING, WITHIN
 A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.
   IN CONDUCTING SUCH AN INSPECTION, THE  HOUSING  ACCESS  VOUCHER  LOCAL
 ADMINISTRATOR MAY, AT ITS DISCRETION, REQUIRE EVIDENCE FROM THE OWNER OF
 THE  PHYSICAL  CONDITION OF A UNIT, INCLUDING, BUT NOT LIMITED TO PHOTO-
 GRAPHS, SIGNED WORK ORDERS, AND CONTRACTOR BILLS IN LIEU OF THE  HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR CONDUCTING A PHYSICAL INSPECTION.
   7. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL GUIDELINES AND PERFORM-
 ANCE  STANDARDS  TO FACILITATE INSPECTIONS OF DWELLING UNITS AND CONFORM
 SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE PRIVATE HOUSING  MARKET.
 SUCH  GUIDELINES  AND STANDARDS SHALL TAKE INTO CONSIDERATION VARIATIONS
 IN LOCAL LAWS AND PRACTICES AND SHALL PROVIDE FLEXIBILITY TO THE HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR APPROPRIATE TO  FACILITATE  EFFICIENT
 PROVISION OF ASSISTANCE UNDER THIS SECTION.
   § 610. RENT.  1.  THE  RENT  FOR  DWELLING  UNITS  FOR WHICH A HOUSING
 ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE  SHALL  BE
 REASONABLE  IN  COMPARISON  WITH  RENTS  CHARGED FOR COMPARABLE DWELLING
 UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
   2. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER  ENTITY,  AS
 PROVIDED  IN  SECTION  SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, AT THE
 REQUEST OF AN INDIVIDUAL OR  FAMILY  RECEIVING  TENANT-BASED  ASSISTANCE
 UNDER  THIS  ARTICLE,  ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A
 REASONABLE RENT WITH A DWELLING UNIT OWNER.  A  HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A
 UNIT UNDER CONSIDERATION BY THE  INDIVIDUAL  OR  FAMILY  (AND  ALL  RENT
 INCREASES  FOR  UNITS UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETER-
 MINE WHETHER THE RENT (OR RENT  INCREASE)  REQUESTED  BY  THE  OWNER  IS
 REASONABLE.  IF  A  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER
 SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A  DWELLING
 UNIT  IS  NOT REASONABLE, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 (OR OTHER SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE
 OWNER UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT.
   3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT  CONTRACT
 IS  ESTABLISHED  UNDER  THIS  ARTICLE  IS EXEMPT FROM LOCAL RENT CONTROL
 PROVISIONS DURING THE TERM OF THAT CONTRACT,  THE  RENT  FOR  THAT  UNIT
 SHALL  BE  REASONABLE  IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
 THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
   4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL  MAKE  TIMELY
 PAYMENT  OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION,
 SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. THE HOUSING  ASSIST-
 ANCE  PAYMENT  CONTRACT BETWEEN THE OWNER AND THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR MAY PROVIDE FOR PENALTIES FOR THE  LATE  PAYMENT  OF
 AMOUNTS  DUE  UNDER  THE CONTRACT, WHICH SHALL BE IMPOSED ON THE HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR IN ACCORDANCE WITH GENERALLY ACCEPTED
 PRACTICES IN THE LOCAL HOUSING MARKET.
   5. UNLESS OTHERWISE  AUTHORIZED  BY  THE  COMMISSIONER,  EACH  HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL PAY ANY PENALTIES FROM ADMINIS-
 TRATIVE  FEES  COLLECTED BY THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRA-
 TOR, EXCEPT THAT NO PENALTY SHALL BE IMPOSED IF THE LATE PAYMENT IS  DUE

 S. 2804--B                         11
 
 TO  FACTORS  THAT  THE COMMISSIONER DETERMINES ARE BEYOND THE CONTROL OF
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   § 611. VACATED  UNITS.  IF  AN ASSISTED FAMILY VACATES A DWELLING UNIT
 FOR WHICH RENTAL ASSISTANCE  IS  PROVIDED  UNDER  A  HOUSING  ASSISTANCE
 PAYMENT  CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
 UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY  NOT  BE  PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   § 612. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR.  1.  IF  AN  ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
 ARTICLE LEASES A DWELLING UNIT (OTHER THAN  A  PUBLIC  HOUSING  DWELLING
 UNIT)  THAT  IS  OWNED  BY  A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 ADMINISTERING  ASSISTANCE  TO  THAT  INDIVIDUAL  OR  FAMILY  UNDER  THIS
 SECTION,  THE  COMMISSIONER  SHALL  REQUIRE  THE  UNIT  OF GENERAL LOCAL
 GOVERNMENT OR ANOTHER ENTITY  APPROVED  BY  THE  COMMISSIONER,  TO  MAKE
 INSPECTIONS  REQUIRED UNDER SECTION SIX HUNDRED NINE OF THIS ARTICLE AND
 RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED TEN OF THIS ARTI-
 CLE. THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE RESPONSIBLE
 FOR ANY EXPENSES OF SUCH INSPECTIONS AND DETERMINATIONS, SUBJECT TO  THE
 APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   2.  FOR  PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT  TO  A  DWELLING  UNIT,
 THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
 TOR,  BY  AN  ENTITY  WHOLLY  CONTROLLED  BY SUCH ADMINISTRATOR, OR BY A
 LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH  ADMINIS-
 TRATOR  (OR  AN  ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
 CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
 ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY  A  HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
 TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE  PROPERTY  ON  WHICH
 THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
 OF  TRUST  ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY
 WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER  OF  AN
 ENTITY WHICH OWNS THE UNIT.
   § 613. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
 DURES  WHICH  ARE  APPROPRIATE  AND NECESSARY TO ASSURE THAT INCOME DATA
 PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
 INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
 ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH  PROCEDURES,  THE
 COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
 OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
 FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
 LIES  TO  PROVIDE  SUCH  INFORMATION  THEMSELVES.  SUCH  INFORMATION MAY
 INCLUDE, BUT IS NOT LIMITED TO,  DATA  CONCERNING  UNEMPLOYMENT  COMPEN-
 SATION  AND  FEDERAL  INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
 AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
 AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR  TITLE  38  OF  THE
 UNITED  STATE  CODE.  ANY  SUCH  INFORMATION  RECEIVED  PURSUANT TO THIS
 SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
 OF VERIFYING INCOMES IN ORDER TO DETERMINE  ELIGIBILITY  OF  INDIVIDUALS
 AND  FAMILIES  FOR  BENEFITS  (AND  THE AMOUNT OF SUCH BENEFITS, IF ANY)
 UNDER THIS ARTICLE.
   § 614. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES  WHERE  A
 FAMILY  ASSISTED  UNDER  THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
 ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
 DIVISION OF THE FAMILY, WHERE THE NEW UNITS CANNOT AGREE AS TO WHICH NEW
 UNIT SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE  THERE  IS  NO

 S. 2804--B                         12
 
 DETERMINATION  BY  A  COURT, THE PUBLIC HOUSING AUTHORITY SHALL CONSIDER
 THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR  FAMILIES
 WILL CONTINUE TO BE ASSISTED:
   (A) WHICH OF THE NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN;
   (B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
 INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
   (C)  THE  COMPOSITION OF THE NEW UNITS AND WHICH UNIT INCLUDES ELDERLY
 OR DISABLED MEMBERS;
   (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF THE FAMI-
 LY UNIT;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
   (F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS.
   2. DOCUMENTATION OF THESE FACTORS WILL BE THE  RESPONSIBILITY  OF  THE
 REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR  WILL TERMINATE ASSISTANCE ON THE BASIS OF
 FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
   § 615. MAINTENANCE OF EFFORT. ANY FUNDS  MADE  AVAILABLE  PURSUANT  TO
 THIS  ARTICLE  SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
 PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR  IN
 ANY  COUNTY  OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
 ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT  AN  EXCEPTION
 TO  THIS  REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
 ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT  OF  FUNDS
 PREVIOUSLY  EXPENDED  IS  IN  EXCESS  OF THE AMOUNT NECESSARY TO PROVIDE
 ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH  THE
 FUNDS  WERE  PREVIOUSLY  EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
 LOSS OF HOUSING.
   § 616. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED SIX  OF
 THIS  ARTICLE,  ANY  VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
 FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
 HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE  STATE  AND,  TO  THE
 EXTENT  PRACTICABLE,  THE  COMMISSIONER  SHALL ASSIST VOUCHER HOLDERS IN
 FINDING HOUSING IN THE AREA OF THEIR CHOICE.
   § 617. APPLICABLE CODES. HOUSING ELIGIBLE  FOR  PARTICIPATION  IN  THE
 HOUSING  ACCESS  VOUCHER  PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
 LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
   § 618. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE  HOUS-
 ING  ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
 FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY  PROMOTE  FAIR
 HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
   2.  NOTHING  IN  THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
 OBLIGATIONS PROMULGATED BY  MUNICIPALITIES,  LOCALITIES,  OR  ANY  OTHER
 APPLICABLE JURISDICTION.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.