S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2454
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. HEVESI, REYES, LAVINE, CRUZ, JOYNER, SIMON, HUNT-
   ER,  EPSTEIN,  SEAWRIGHT,  FORREST  --  Multi-Sponsored by -- M. of A.
   J. M. GIGLIO -- read once and referred  to  the  Committee  on  Social
   Services
 
 AN ACT to amend the social services law, in relation to eliminating rent
   for  homeless  shelters;  and to repeal certain provisions of such law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 36-c of the social services law is REPEALED.
   §  2.  Section 131 of the social services law is amended by adding two
 new subdivisions 21 and 22 to read as follows:
   21. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL  PROHIBIT
 ANY  PUBLICLY FUNDED PROVIDER OF TEMPORARY HOUSING ASSISTANCE, INCLUDING
 BUT NOT LIMITED TO THOSE DEFINED IN SUBDIVISION SIXTEEN OF  SECTION  ONE
 HUNDRED  THIRTY-ONE-A  OF  THIS  TITLE FROM REQUIRING RECIPIENTS OF SUCH
 ASSISTANCE TO PARTICIPATE IN WORK ACTIVITIES, INCLUDING BUT NOT  LIMITED
 TO THOSE DEFINED IN SECTION THREE HUNDRED THIRTY-SIX OF THIS CHAPTER, AS
 A CONDITION TO RECEIVE TEMPORARY HOUSING ASSISTANCE FROM SUCH PROVIDER.
   22.  A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER FOUND TO BE COLLECT-
 ING INCOME, ROOM  AND  BOARD  OR  ANY  OTHER  TYPE  OF  CONTRIBUTION  IN
 VIOLATION  OF SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF
 THIS TITLE, SHALL, AFTER NOTICE AND AN OPPORTUNITY TO BE  HEARD  BY  THE
 DEPARTMENT,  BE  REQUIRED  TO RETURN ANY FUNDS COLLECTED IN VIOLATION OF
 THIS SECTION TO SUCH RECIPIENT AND MAY BE SUBJECT TO A CIVIL PENALTY NOT
 TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION. THE DEPARTMENT  SHALL
 ADOPT  PROCEDURES  IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE
 ACT FOR ASSESSMENT OF PENALTIES PURSUANT TO THIS SECTION. SUCH PROCEDURE
 SHALL INCLUDE THE OPPORTUNITY FOR AN ADMINISTRATIVE APPEAL. ANY PROVIDER
 FOUND TO HAVE VIOLATED THIS SECTION AND WHO  IS  SUBSEQUENTLY  FOUND  TO
 HAVE  VIOLATED  THIS  SECTION  FIVE OR MORE TIMES WITHIN ONE YEAR OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04072-01-3
              

 A. 2454                             2
 
 INITIAL FINDING MAY BE DETERMINED, AT THE DISCRETION OF  THE  DEPARTMENT
 AND  TAKING  INTO  CONSIDERATION  THE GEOGRAPHIC AVAILABILITY OF SIMILAR
 SERVICES, TO BE INELIGIBLE TO RECEIVE PUBLIC FUNDING FOR A PERIOD NOT TO
 EXCEED FIVE YEARS.
   B.  ANY  PROVIDER  WHICH  HAS BEEN DEEMED INELIGIBLE TO RECEIVE PUBLIC
 FUNDING PURSUANT TO THIS SECTION MAY APPLY  TO  THE  DEPARTMENT  FOR  AN
 ORDER  DISCONTINUING  SUCH  DISQUALIFICATION.  THE APPLICATION SHALL SET
 FORTH THE GROUNDS, INCLUDING THAT  THE  PROVIDER  HAS  TAKEN  SUFFICIENT
 ACTIONS TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED
 IN THE ACTIONS THAT FORMED THE BASIS OF THE VIOLATION, THAT THE PROVIDER
 HAS  TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO ENSURE THAT THE ACTIONS
 THAT FORMED THE BASIS OF THE VIOLATION ARE UNLIKELY TO RECUR,  AND  THAT
 IT WILL NOT BE IN THE PUBLIC INTEREST TO CONTINUE THE DISQUALIFICATION.
   §  3.  Section 131-a of the social services law is amended by adding a
 new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY, A HOMELESS INDIVIDUAL OR FAMILY APPLYING FOR OR RECEIVING
 TEMPORARY HOUSING ASSISTANCE SHALL NOT BE REQUIRED TO PAY ROOM AND BOARD
 OR CONTRIBUTE ANY EARNED  OR  UNEARNED  INCOME,  AVAILABLE  BENEFITS  OR
 RESOURCES TO ELIMINATE THEIR NEED FOR TEMPORARY HOUSING ASSISTANCE OR AS
 A  CONDITION TO RECEIVE TEMPORARY HOUSING ASSISTANCE FROM SUCH PROVIDER.
 FOR THE PURPOSES OF THIS SUBDIVISION, ANY PROVIDER OF TEMPORARY  HOUSING
 ASSISTANCE OR SHORT-TERM HOUSING SHALL INCLUDE, BUT NOT BE LIMITED TO, A
 FAMILY SHELTER, A CLUSTER SITE APARTMENT, A SHELTER FOR ADULTS, A UNITED
 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTED TRANSITIONAL
 HOUSING  SHELTER,  A  PUBLIC  HOME,  A  HOTEL, AN EMERGENCY APARTMENT, A
 DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, A  ROOM
 AND  BOARD  SHELTER, A SAFE HAVEN SHELTER, A VETERANS SHORT-TERM HOUSING
 SHELTER, A CRIMINAL JUSTICE SHORT-TERM HOUSING SHELTER, OR A SAFE  HOUSE
 FOR  REFUGEES,  ASYLEES,  OR  TRAFFICKING  VICTIMS OPERATING IN NEW YORK
 STATE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.