S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2870
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to establishing the
   incentivizing habitability opportunity program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2-A of the social services law is amended by adding
 a new title 5 to read as follows:
                                  TITLE 5
              INCENTIVIZING HABITABILITY OPPORTUNITY PROGRAM
 
 SECTION 53. LANDLORD INCENTIVE FOR HOMELESS SHELTERS.
   §  53.  LANDLORD  INCENTIVE FOR HOMELESS SHELTERS. 1.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, EACH LOCAL  SOCIAL  SERVICES
 DISTRICT  SHALL PROVIDE AN INCENTIVE TO OWNERS WHO ENTER INTO A RESIDEN-
 TIAL LEASE OR RENTAL AGREEMENT WITH AN ELIGIBLE HOUSEHOLD FOR  A  QUALI-
 FIED DWELLING UNIT IN ORDER TO ADDRESS HOMELESSNESS AND ENSURE APPROPRI-
 ATE HABITABILITY STANDARDS IN ACCORDANCE WITH THIS SECTION.
   2.  FOR  THE  PURPOSES  OF THIS SECTION: (A) "HOMELESS" SHALL MEAN THE
 LACK OF A FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE;  EXITING  AN
 INSTITUTION  WHERE  THEY  RESIDED  AND  WILL  LACK  A  REGULAR FIXED AND
 ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; HAVING  RECEIVED
 A  COURT ORDER RESULTING FROM AN EVICTION ACTION THAT NOTIFIES THE INDI-
 VIDUAL OR FAMILY THAT THEY MUST LEAVE  THEIR  HOUSING;  FACING  LOSS  OF
 HOUSING DUE TO HAZARDOUS CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBES-
 TOS, LEAD EXPOSURE, MOLD, AND RADON; 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 MEMBER, PROVIDED
 FURTHER THAT A WRITTEN ATTESTATION FROM AN INDIVIDUAL OR  FAMILY  MEMBER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01503-01-1
              

 S. 2870                             2
 
 ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFICIENT TO ESTABLISH
 ELIGIBILITY.
   (B)  "ELIGIBLE  HOUSEHOLD" SHALL MEAN AN INDIVIDUAL OR FAMILY ELIGIBLE
 FOR OR RECEIVING PUBLIC ASSISTANCE THAT IS HOMELESS AS DEFINED  BY  THIS
 SECTION.  A HOUSEHOLD'S ELIGIBILITY SHALL NOT BE AFFECTED BY AN INDIVID-
 UAL'S SANCTION STATUS.
   (C) "HABITABILITY STANDARD" SHALL MEAN THE HOUSING  QUALITY  STANDARDS
 FOR  SAFE  AND  HABITABLE HOUSING WHICH ARE ESTABLISHED BY LOCAL HOUSING
 CODES THAT MEET OR EXCEED HOUSING QUALITY STANDARDS,  SO  LONG  AS  SUCH
 STANDARDS DO NOT SEVERELY RESTRICT HOUSING CHOICE.
   (D)  "QUALIFIED  DWELLING  UNIT"  SHALL MEAN A UNIT THAT (I) MEETS THE
 NECESSARY HABITABILITY STANDARDS AS DEFINED  IN  THIS  SUBDIVISION;  AND
 (II)  THE  OWNER SATISFIES ALL THE NECESSARY REQUIREMENTS AS REQUIRED BY
 SUBDIVISION THREE OF THIS SECTION.
   3. (A) EACH LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE AN  INCENTIVE
 IN  ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION, TO ELIGIBLE OWNERS
 THAT ENTER INTO A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH AN ELIGIBLE
 HOUSEHOLD FOR A QUALIFIED DWELLING UNIT, AS DEFINED IN  SUBDIVISION  ONE
 OF THIS SECTION. FOR AN OWNER TO BE ELIGIBLE TO RECEIVE AN INCENTIVE FOR
 A  QUALIFIED  DWELLING  UNIT,  THE OWNER OF THE DWELLING UNIT SHALL: (I)
 ENTER INTO A RESIDENTIAL LEASE OR RENTAL AGREEMENT  IN  ACCORDANCE  WITH
 PARAGRAPH (B) OF THIS SUBDIVISION WITH AN ELIGIBLE HOUSEHOLD FOR A PERI-
 OD  OF  NOT  LESS THAN ONE YEAR AND (II) ENSURE THAT UPON INSPECTION, AS
 REQUIRED BY PARAGRAPH (C) OF THIS SUBDIVISION, THE DWELLING  UNIT  MEETS
 AND  MAINTAINS THE NECESSARY HABITABILITY STANDARDS AS DEFINED IN SUBDI-
 VISION ONE OF THIS SECTION THROUGHOUT THE PERIOD OF THE LEASE.
   (B) (I) THE RESIDENTIAL LEASE OR RENTAL AGREEMENT ENTERED INTO BETWEEN
 THE ELIGIBLE OWNER OF THE  QUALIFIED  DWELLING  UNIT  AND  THE  ELIGIBLE
 HOUSEHOLD  SHALL  BE  CONSISTENT WITH ALL APPLICABLE STATE AND LOCAL LAW
 AND CONTAIN ALL APPROPRIATE PROVISIONS APPLICABLE TO TENANTS OF A DWELL-
 ING UNIT WHICH DOES NOT  QUALIFY  FOR  AN  INCENTIVE  PURSUANT  TO  THIS
 SECTION.
   (II)  THE  OWNER  SHALL  NOT  TERMINATE SUCH LEASE OR RENTAL AGREEMENT
 EXCEPT FOR GOOD CAUSE, SUCH AS SERIOUS OR  REPEATED  VIOLATIONS  OF  THE
 TERMS  AND CONDITIONS OF THE LEASE OR RENTAL AGREEMENT, OR FOR VIOLATION
 OF APPLICABLE STATE, OR LOCAL LAW.
   (III) PRIOR TO TERMINATING A RESIDENTIAL  LEASE  OR  RENTAL  AGREEMENT
 PURSUANT  TO THIS SECTION, AND IN ADDITION TO ANY OTHER NOTICES REQUIRED
 BY LAW, WRITTEN NOTICE SHALL BE PROVIDED TO THE ELIGIBLE HOUSEHOLD SPEC-
 IFYING THE GROUNDS FOR SUCH TERMINATION, AND  ANY  RELIEF  THAT  MAY  BE
 AVAILABLE WHICH IS CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW.
   (IV)  THE  LEASE  OR  RENTAL AGREEMENT SHALL BE RENEWED UNLESS (1) THE
 OWNER OR A MEMBER OF THE OWNER'S IMMEDIATE FAMILY  NEEDS  THE  APARTMENT
 FOR  THEIR  PERSONAL USE AND PRIMARY RESIDENCE, (2) THE APARTMENT IS NOT
 USED AS THE TENANT'S PRIMARY RESIDENCE, OR (3) THE OWNER WANTS  TO  TAKE
 THE APARTMENT OFF THE RENTAL MARKET, EITHER TO DEMOLISH THE BUILDING FOR
 RECONSTRUCTION  OR  USE  IT  FOR OTHER PURPOSES PERMITTED BY LAW. IF THE
 OWNER IS NOT RENEWING THE LEASE FOR ANY OF THE ABOVE REASONS, THE  OWNER
 MUST NOTIFY THE ELIGIBLE HOUSEHOLD IN WRITING AT LEAST NINETY DAYS PRIOR
 TO THE END OF THE EXISTING LEASE.
   (C) (I) PRIOR TO PROVIDING THE OWNER OF AN ELIGIBLE DWELLING UNIT WITH
 AN  INCENTIVE  AS  AUTHORIZED  BY  THIS SECTION, THE COMMISSIONER SHALL,
 EITHER DIRECTLY OR THROUGH A CONTRACT  WITH  A  NOT-FOR-PROFIT,  INSPECT
 EACH  DWELLING  UNIT  PRIOR TO THE OWNER ENTERING INTO A NEW RESIDENTIAL
 LEASE OR RENTAL AGREEMENT WITH AN ELIGIBLE HOUSEHOLD, ANYTIME THE ELIGI-
 BLE HOUSEHOLD TRANSFERS TO A NEW UNIT WITH THE OWNER AND ANNUALLY THERE-

 S. 2870                             3
 
 AFTER IN INSTANCES WHEN THE LEASE OR RENTAL AGREEMENT EXTENDS  BEYOND  A
 YEAR.  SUCH  DWELLING  UNIT  SHALL  BE REQUIRED TO BE INSPECTED PRIOR TO
 EVERY NEW RESIDENTIAL LEASE OR RENTAL AGREEMENT  THAT  IS  ENTERED  INTO
 WITH AN ELIGIBLE HOUSEHOLD, FOR SO LONG AS THE OWNER SEEKS TO RECEIVE AN
 INCENTIVE  PURSUANT  TO  THIS SECTION. UPON INSPECTION, THE LOCAL SOCIAL
 SERVICES DISTRICT, SHALL ENSURE THAT THE DWELLING UNIT MEETS THE HABITA-
 BILITY STANDARD, AS DEFINED IN THIS SECTION.
   (II) NO SUCH INCENTIVE SHALL BE PROVIDED IF THE DWELLING UNIT FAILS TO
 MEET ALL THE NECESSARY REQUIREMENTS OF THE HABITABILITY  STANDARD.  SUCH
 PRORATE  SHARE  OF THE INCENTIVE SHALL BE WITHHELD UNTIL THE OWNER MAKES
 ALL THE NECESSARY CHANGES REQUIRED TO MEET THE HABITABILITY STANDARD AND
 PASSES A FOLLOW UP INSPECTION. TO THE EXTENT THAT THE OWNER CAN SHOW THE
 VIOLATIONS WERE CAUSED BY A MEMBER OF THE ELIGIBLE HOUSEHOLD, THE  OWNER
 MAY  BE  PROVIDED AN EXTENSION TO FIX THE CITED VIOLATIONS AND BE RE-IN-
 SPECTED IN AN APPROPRIATE PERIOD OF TIME, AS  DETERMINED  BY  THE  LOCAL
 SOCIAL SERVICES DISTRICT.
   (III)  ANY  TIME  DURING THE LEASE OR RENTAL AGREEMENT, A MEMBER OF AN
 ELIGIBLE HOUSEHOLD MAY  REQUEST  AN  ADDITIONAL  INSPECTION,  CITING  AN
 OWNER'S  FAILURE TO MAINTAIN HABITABILITY STANDARDS, AS REQUIRED BY THIS
 SECTION.
   (IV) EACH LOCAL SOCIAL SERVICES  DISTRICT  SHALL  MAINTAIN  A  WRITTEN
 RECORD  DETAILING  THE  INSPECTIONS AND RE-INSPECTIONS FOR EACH DWELLING
 UNIT FOR THE PERIOD OF THE ELIGIBLE HOUSEHOLD'S TENANCY  AND  FOR  THREE
 YEARS  SUBSEQUENT  TO THE END OF SUCH TENANCY AND SHALL MAKE THE RECORDS
 AVAILABLE UPON REQUEST TO THE STATE COMPTROLLER.
   4. (A) EACH LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE AN  INCENTIVE
 TO THE OWNER OF A QUALIFYING DWELLING UNIT, THAT MEETS ALL THE NECESSARY
 REQUIREMENTS  SPECIFIED  IN  SUBDIVISION  THREE  OF  THIS SECTION, IN AN
 AMOUNT EQUAL TO FIVE HUNDRED DOLLARS FOR EVERY ELIGIBLE  INDIVIDUAL  AND
 ONE  THOUSAND  DOLLARS  FOR EVERY ELIGIBLE FAMILY. THE INCENTIVE WILL BE
 PAID TO THE OWNER ON A MONTHLY BASIS. THE INCENTIVE SHALL BE  ISSUED  BY
 THE  LOCAL  SOCIAL SERVICES DISTRICT DIRECTLY TO THE OWNER OF THE QUALI-
 FIED DWELLING UNIT.
   (B) THE INCENTIVE SHALL BE PROVIDED TO  THE  OWNER  OF  THE  QUALIFIED
 DWELLING UNIT (I) DURING THE PERIOD OF THE ELIGIBLE HOUSEHOLD'S TENANCY;
 (II)  UNTIL THE DATE THE ELIGIBLE HOUSEHOLD VACATES THE QUALIFIED DWELL-
 ING UNIT PRIOR TO THE EXPIRATION DATE OF THE LEASE OR RENTAL  AGREEMENT;
 OR  (III) UNTIL THE EFFECTIVE DATE OF THE NOTICE OF EVICTION RECEIVED BY
 THE ELIGIBLE HOUSEHOLD ISSUED PURSUANT TO A COURT PROCEEDING.
   (C) IN THE EVENT THAT THE OWNER OF THE ELIGIBLE DWELLING  UNIT  WRONG-
 FULLY AND/OR PREMATURELY TERMINATES THE LEASE IN VIOLATION OF APPLICABLE
 STATE  OR LOCAL LAW, THE OWNER SHALL REIMBURSE THE LOCAL SOCIAL SERVICES
 DISTRICT THE AMOUNT OF THE INCENTIVE PROVIDED TO DATE.
   § 2. Section 153 of the social services law is amended by adding a new
 subdivision 18 to read as follows:
   18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ONE
 HUNDRED  PERCENT OF COSTS FOR INCENTIVES REQUIRED BY SECTION FIFTY-THREE
 OF THIS CHAPTER SHALL BE SUBJECT  TO  REIMBURSEMENT  BY  THE  STATE,  AS
 FOLLOWS:
   (A)  BY  FEDERAL  FUNDS  THAT CAN BE PROPERLY APPLIED TO SUCH EXPENDI-
 TURES; AND
   (B) THE REMAINDER TO BE PAID BY STATE FUNDS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.