S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    856
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KRUEGER, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BOYLE,
   BRESLIN, COMRIE, FELDER, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACK-
   SON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY,  LIU,  MAY,  MYRIE,  PARKER,
   PERSAUD,  RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
   SKOUFIS, STAVISKY, THOMAS -- 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 home stability
   support programs
 
   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. HOME STABILITY SUPPORT PROGRAM.  1. (A) NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, EACH LOCAL SOCIAL SERVICES
 DISTRICT SHALL PROVIDE A SHELTER SUPPLEMENT TO ELIGIBLE INDIVIDUALS  AND
 FAMILIES TO PREVENT EVICTION AND ADDRESS HOMELESSNESS IN ACCORDANCE WITH
 THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION:
   (I)  "HOMELESS"  SHALL MEAN THE LACK OF 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, ABAN-
 DONED BUILDING, BUS OR TRAIN STATION, AIRPORT  OR  CAMPGROUND  OR  OTHER
 PLACES  NOT  MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY
 OR PRIVATELY OPERATED SHELTER DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING
 ARRANGEMENTS  (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR
 LOCAL GOVERNMENT PROGRAMS FOR LOW-INCOME INDIVIDUALS  OR  BY  CHARITABLE
 ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN
 INSTITUTION  WHERE  THEY  RESIDED  AND  WILL  LACK  A  REGULAR FIXED AND
 ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; OR ARE AN  UNAC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01442-01-1

 S. 856                              2
 
 COMPANIED YOUTH AND HOMELESS FAMILIES WITH CHILDREN AND YOUTH DEFINED AS
 HOMELESS UNDER EITHER THIS PARAGRAPH OR FEDERAL STATUTE WHO HAVE EXPERI-
 ENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUS-
 ING;  HAVE  EXPERIENCED  PERSISTENT  INSTABILITY AS MEASURED BY FREQUENT
 MOVES; AND CAN BE 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, OR MULTIPLE BARRIERS TO EMPLOYMENT, OR  OTHER  DANGEROUS  OR
 LIFE-THREATENING   CONDITIONS,   INCLUDING  CONDITIONS  THAT  RELATE  TO
 VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER; AND
   (II) "IMMINENT LOSS OF HOUSING" SHALL MEAN HAVING RECEIVED A  VERIFIED
 RENT  DEMAND  OR  A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER
 RESULTING 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 EXPO-
 SURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE  THAT  IS  A
 ROOM  IN  A  HOTEL  OR  MOTEL  AND LACK 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 HOUS-
 ING 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-
 THREATENING 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.
   2. (A) EACH LOCAL SOCIAL SERVICES DISTRICT  SHALL  PROVIDE  A  SHELTER
 SUPPLEMENT  TO  ELIGIBLE INDIVIDUALS AND FAMILIES AS DEFINED IN SUBDIVI-
 SION THREE OF THIS SECTION IN AN AMOUNT EQUAL TO EIGHTY-FIVE PERCENT  OF
 THE  FAIR  MARKET  RENT  IN  THE DISTRICT, AS ESTABLISHED BY THE FEDERAL
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,  FOR  THE  PARTICULAR  UNIT
 SIZE.  THE  SHELTER  SUPPLEMENT  SHALL  BE  ISSUED  BY  THE LOCAL SOCIAL
 SERVICES DISTRICT DIRECTLY TO THE LANDLORD OR VENDOR.
   (B) A LOCAL SOCIAL SERVICES DISTRICT MAY ALSO  PROVIDE  AN  ADDITIONAL
 SUPPLEMENT  IN EXCESS OF EIGHTY-FIVE PERCENT OF THE FAIR MARKET RENT, UP
 TO ONE HUNDRED PERCENT OF THE FAIR  MARKET  RENT  IN  THE  DISTRICT,  AS
 ESTABLISHED  BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
 PROVIDED, HOWEVER, THE COST OF THE ADDITIONAL SUPPLEMENT SHALL  BE  PAID
 BY THE LOCAL SOCIAL SERVICES DISTRICT.
   (C)  AS PART OF THE SUPPLEMENT REFERENCED IN THIS SUBDIVISION, WHEN AN
 ELIGIBLE RECIPIENT, AS DEFINED IN SUBDIVISION  THREE  OF  THIS  SECTION,
 INCURS  SEPARATE  FUEL  FOR  HEATING EXPENSES, THE LOCAL SOCIAL SERVICES
 DISTRICT SHALL PROVIDE ADDITIONAL  FUNDS  TO  COVER  SUCH  EXPENSES,  IN
 EXCESS  OF  THE  AMOUNT  ALREADY  REQUIRED FOR SHELTER COSTS PURSUANT TO
 PARAGRAPH (A) OF THIS  SUBDIVISION.  SUCH  HEATING  ALLOWANCE  SHALL  BE
 EQUIVALENT TO THE FULL AMOUNT OF FUEL FOR HEATING EXPENSES, AND SHALL BE
 MADE  DIRECTLY  TO  THE  VENDOR ON BEHALF OF THE RECIPIENT. ANY EXPENSES
 INCURRED BY THE LOCAL SOCIAL SERVICES DISTRICT THAT ARE (I) IN EXCESS OF
 A RECIPIENT'S FUEL FOR HEATING ALLOWANCE AUTHORIZED  PURSUANT  TO  PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
 TITLE;  (II)  MADE  PURSUANT TO SECTION NINETY-SEVEN OF THIS CHAPTER; OR
 (III) TO COVER ANY ARREARS PAYMENTS MADE TO RESTORE HEATING SERVICES  OR
 TO PREVENT A SHUT-OFF, SHALL NOT BE RECOUPABLE.

 S. 856                              3
 
   (D)  INDIVIDUALS  NOT  IN  RECEIPT OF PUBLIC ASSISTANCE, RESIDING IN A
 HOUSEHOLD THAT IS  BENEFITING  FROM  A  SHELTER  SUPPLEMENT  UNDER  THIS
 SECTION  SHALL  BE  REQUIRED TO CONTRIBUTE THIRTY PERCENT OF THEIR GROSS
 INCOME, OR THEIR PRO RATA SHARE OF THE RENT, WHICHEVER  IS  LESS.  MINOR
 CHILDREN  WITHOUT  INCOME  SHALL  NOT  BE  COUNTED IN THE PRO RATA SHARE
 EQUATION. IN ADDITION, THE INCOME OF MINOR CHILDREN SHALL NOT BE CONSID-
 ERED PART OF THE GROSS INCOME.
   (E) ANY SUPPLEMENT OR ALLOWANCE PROVIDED UNDER THIS SECTION SHALL  NOT
 BE CONSIDERED TO BE PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH
 (B)  OF  SUBDIVISION  TEN  OF  SECTION  ONE HUNDRED THIRTY-ONE-A OF THIS
 TITLE.
   (F) IN THE EVENT THAT THE LOCAL SOCIAL  SERVICES  DISTRICT  DETERMINES
 THAT  PAYMENT  OF  RENTAL  ARREARS WOULD PREVENT HOMELESSNESS AND SUBSE-
 QUENTLY PAYS SUCH ARREARS, SUCH PAYMENTS SHALL NOT BE RECOUPABLE.
   3. (A) FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-TWO
 UNTIL SEPTEMBER THIRTIETH, TWO THOUSAND  TWENTY-THREE,  INDIVIDUALS,  OR
 FAMILIES, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE, ARE EITHER HOMELESS OR
 FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT CURRENTLY RECEIVING ANOTH-
 ER  SHELTER  SUPPLEMENT  SHALL  BE  ELIGIBLE  FOR THE SHELTER SUPPLEMENT
 PROVIDED UNDER THIS SECTION.
   (B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, INDIVIDUALS
 OR FAMILIES WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE AND ARE (I)  HOMELESS
 OR  FACE  AN  IMMINENT  LOSS OF HOUSING, AND ARE NOT CURRENTLY RECEIVING
 ANOTHER SHELTER SUPPLEMENT; OR (II) CURRENTLY IN RECEIPT  OF  A  SHELTER
 SUPPLEMENT,  OTHER  THAN  A SUPPLEMENT REQUIRED BY THIS SECTION, THAT IS
 BEING TRANSFERRED TO THE HOME  STABILITY  SUPPORT  PROGRAM  PURSUANT  TO
 SUBDIVISION  EIGHT  OF  THIS  SECTION, SHALL BE ELIGIBLE FOR THE SHELTER
 SUPPLEMENT PROVIDED UNDER THIS SECTION.
   4. (A) LOCAL SOCIAL  SERVICES  DISTRICTS  SHALL  PROVIDE  THE  SHELTER
 SUPPLEMENT  REQUIRED  UNDER  THIS SECTION FOR UP TO FIVE YEARS, PROVIDED
 SUCH INDIVIDUALS OR FAMILIES ARE OTHERWISE ELIGIBLE FOR  PUBLIC  ASSIST-
 ANCE.  A  SHELTER SUPPLEMENT MAY BE PROVIDED FOR AN ADDITIONAL LENGTH OF
 TIME FOR GOOD CAUSE.
   (B) IF AN INDIVIDUAL OR FAMILY RECEIVING THE SHELTER SUPPLEMENT IS  NO
 LONGER  ELIGIBLE  FOR  PUBLIC  ASSISTANCE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT SHALL CONTINUE TO PROVIDE THE SHELTER SUPPLEMENT, AND IF APPRO-
 PRIATE HEATING ALLOWANCE, FOR ONE YEAR FROM THE DATE  OF  SUCH  DETERMI-
 NATION,  SO  LONG AS THEIR INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF
 THE FEDERAL POVERTY LEVEL.
   5. THE SHELTER SUPPLEMENT AND HEATING ALLOWANCE SHALL NOT BE  AFFECTED
 BY A RECIPIENT'S SANCTION STATUS.
   6.  (A)  THE COMMISSIONER SHALL CONTRACT WITH NOT-FOR-PROFIT AGENCIES,
 THAT HAVE EXPERIENCE PROVIDING SUPPORT  SERVICES  TO  THE  HOMELESS  AND
 AT-RISK  OF  HOMELESSNESS POPULATIONS, FOR THE PURPOSE OF PROVIDING HOME
 STABILITY SUPPORT SERVICES. SUCH SERVICES SHALL ASSIST ELIGIBLE  RECIPI-
 ENTS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, IN AVOIDING HOME-
 LESSNESS  AND ACHIEVING LONG-TERM HOUSING STABILITY. SUCH SERVICES SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I) SERVICES TO RESOLVE CONFLICTS BETWEEN LANDLORDS AND TENANTS AND TO
 FACILITATE FAIR AND WORKABLE SOLUTIONS;
   (II) REFERRALS TO LEGAL SERVICES TO  HOUSEHOLDS  THREATENED  WITH  THE
 LOSS OF THEIR HOMES THROUGH EVICTION, HARASSMENT OR OTHER MEANS;
   (III)  BENEFIT/ENTITLEMENT  ADVOCACY  TO  ENSURE  THAT  HOUSEHOLDS ARE
 RECEIVING ALL FEDERAL, STATE AND LOCAL BENEFITS TO WHICH THEY ARE  ENTI-
 TLED, SUCH AS TEMPORARY ASSISTANCE TO NEEDY FAMILIES, SAFETY NET ASSIST-
 ANCE,  SUPPLEMENTAL  NUTRITION ASSISTANCE PROGRAM, SUPPLEMENTAL SECURITY

 S. 856                              4
 
 INCOME, RENT SECURITY DEPOSITS, FURNITURE AND HOUSEHOLD MOVING EXPENSES,
 MEDICAL ASSISTANCE; AND
   (IV)  RELOCATION  ASSISTANCE  WHICH PROVIDES FOR THE IDENTIFICATION OF
 AND  REFERRAL  TO  PERMANENT  AND  HABITABLE   HOUSING,   TRANSPORTATION
 SERVICES,  LANDLORD/TENANT  LEASE NEGOTIATION SERVICES AND ASSISTANCE IN
 ESTABLISHING UTILITY SERVICES.
   (B) THE COMMISSIONER SHALL   ISSUE  A  REQUEST-FOR-PROPOSAL  FOR  HOME
 STABILITY SUPPORT SERVICES. THE REQUEST-FOR-PROPOSAL SHALL INCLUDE:
   (I)  A  DESCRIPTION  OF  THE  HOME  STABILITY  SUPPORT  SERVICES TO BE
 PROVIDED, INCLUDING  PROCEDURES  FOR  INTAKE,  REFERRAL,  OUTREACH,  THE
 PROVISION OF SERVICES, FOLLOW-UP AND ANTICIPATED OUTCOMES;
   (II)  A  DESCRIPTION  OF  THE  MANNER IN WHICH COORDINATION WITH OTHER
 FEDERAL, STATE, LOCAL AND PRIVATELY FUNDED SERVICES  WILL  BE  ACHIEVED;
 AND
   (III)  A  DESCRIPTION  OF  HOW THE SERVICES WILL BE DESIGNED TO ASSIST
 HOUSEHOLDS TO ACHIEVE HOUSING STABILITY.
   (C) PRIOR TO ENTERING INTO A CONTRACT PURSUANT  TO  THIS  SUBDIVISION,
 THE  COMMISSIONER  SHALL DETERMINE THAT THE ELIGIBLE APPLICANT IS A BONA
 FIDE ORGANIZATION WHICH SHALL HAVE DEMONSTRATED BY ITS PAST AND  CURRENT
 ACTIVITIES  THAT  IT  HAS THE ABILITY TO PROVIDE SUCH SERVICES, THAT THE
 ORGANIZATION IS FINANCIALLY RESPONSIBLE AND THAT THE PROPOSAL IS  APPRO-
 PRIATE FOR THE NEEDS OF HOUSEHOLDS TO BE SERVED.
   7.  THE HOME STABILITY SUPPORT PROGRAM SHALL PROVIDE FOR UP TO A TOTAL
 OF FOURTEEN THOUSAND NEW SHELTER SUPPLEMENTS A YEAR STATEWIDE, AND FUNDS
 SHALL BE DISTRIBUTED TO EACH LOCAL SOCIAL  SERVICES  DISTRICT  BASED  ON
 THEIR  PRO  RATA  SHARE OF HOUSEHOLDS BELOW THE FEDERAL POVERTY LEVEL IN
 THE STATE, USING THE MOST RECENT UNITED STATES CENSUS DATA AS  OF  APRIL
 FIRST, TWO THOUSAND TWENTY-ONE, AND ANNUALLY THEREAFTER.
   8.  IF  LOCAL SOCIAL SERVICES DISTRICTS OFFER A SHELTER SUPPLEMENT NOT
 REQUIRED BY THIS SECTION, SUCH DISTRICTS MAY UTILIZE SUPPLEMENTS  AVAIL-
 ABLE  UNDER THIS SECTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-
 THREE, TO TRANSFER ELIGIBLE RECIPIENTS AS DEFINED IN  SUBPARAGRAPH  (II)
 OF  PARAGRAPH  (B)  OF  SUBDIVISION  THREE OF THIS SECTION INTO THE HOME
 STABILITY SUPPORT PROGRAM. PROVIDED, HOWEVER, A DISTRICT SHALL NOT ALLO-
 CATE ONE HUNDRED PERCENT OF THEIR  SHELTER  SUPPLEMENTS  PROVIDED  UNDER
 THIS  SECTION  TO  EXISTING  SUPPLEMENT  RECIPIENTS,  UNLESS THERE IS NO
 CURRENT OR UNMET NEED FOR SUPPLEMENTS AS DEFINED IN SUBPARAGRAPH (I)  OF
 PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION IN SUCH DISTRICT.
   9. THE COMMISSIONER SHALL ISSUE A REPORT ON THE HOME STABILITY SUPPORT
 PROGRAM  TO  THE  GOVERNOR,  THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE CHAIRS OF THE SENATE  AND  ASSEMBLY  SOCIAL
 SERVICES  COMMITTEES,  AND  THE  CHAIRS  OF  THE ASSEMBLY WAYS AND MEANS
 COMMITTEE AND THE SENATE FINANCE COMMITTEE ON OR BEFORE OCTOBER FIRST OF
 EACH YEAR, STARTING OCTOBER FIRST, TWO THOUSAND  TWENTY-FOUR,  REGARDING
 THE EFFECTIVENESS OF THE PROGRAM, BASED ON THE INFORMATION PROVIDED FROM
 THE  LOCAL  SOCIAL  SERVICES  DISTRICTS.  EACH  LOCAL DISTRICT, UPON THE
 REQUEST OF THE OFFICE, SHALL PROVIDE THE OFFICE THE NECESSARY  DATA  FOR
 THE  COMPLETION  OF  THE REPORT. EACH REPORT SHALL INCLUDE THE FOLLOWING
 INFORMATION FOR EACH DISTRICT:
   (A) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE PROGRAM;
   (B) FACTORS CONTRIBUTING TO HOUSEHOLDS  EXPERIENCING  HOUSING  ISSUES,
 INCLUDING,   BUT  NOT  LIMITED  TO,  HEALTH  AND  SAFETY  AND  BUDGETING
 CONSTRAINTS;
   (C) TOTAL FUNDING UTILIZED;
   (D) ESTIMATED AVOIDED COSTS IN TEMPORARY SHELTER; AND

 S. 856                              5
 
   (E) ANY OTHER INFORMATION OR  AVAILABLE  DATA  THAT  THE  COMMISSIONER
 DEEMS RELEVANT AND NECESSARY FOR COMPREHENSIVE EVALUATION OF THE CURRENT
 NEED OF ENTITLEMENTS FOR PUBLIC ASSISTANCE RECIPIENTS.
   § 2. Section 153 of the social services law is amended by adding a new
 subdivision 13 to read as follows:
   13.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ONE
 HUNDRED PERCENT OF COSTS FOR SHELTER  SUPPLEMENTS  INCLUDING  COSTS  FOR
 HEATING  EXPENSES,  AND  HOME  STABILITY  SUPPORT  SERVICES  REQUIRED BY
 SECTION ONE HUNDRED THIRTY-ONE-BB OF THIS ARTICLE 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 April 1, 2022.