S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    491
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the private housing finance law, in relation to  provid-
   ing  housing to eligible homeless families and eligible homeless indi-
   viduals with a disability in certain housing developments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2 of the private housing finance law is amended by
 adding two new subdivisions 30 and 31 to read as follows:
   30. "ELIGIBLE HOMELESS FAMILIES." FAMILIES WHO  ARE  HOMELESS  OR  WHO
 LIVE  IN  TEMPORARY  OR  TRANSITIONAL  HOUSING  AND ARE UNABLE TO SECURE
 PERMANENT AND STABLE HOUSING WITHOUT SPECIAL ASSISTANCE  OR  SUCH  OTHER
 CATEGORIES  OF  FAMILIES  AT  RISK  OF BEING HOMELESS AS DETERMINED BY A
 COMMISSIONER OF SOCIAL SERVICES OR A SOCIAL SERVICES DISTRICT.
   31. "ELIGIBLE HOMELESS INDIVIDUALS WITH A  DISABILITY."    INDIVIDUALS
 WHO  ARE CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
 OR SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL  SOCIAL
 SECURITY  ACT  OR DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
 PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS  AFFAIRS  OR  THOSE
 PREVIOUSLY ELIGIBLE BY VIRTUE OF RECEIVING DISABILITY BENEFITS UNDER THE
 SUPPLEMENTAL  SECURITY  INCOME PROGRAM OR THE SOCIAL SECURITY DISABILITY
 PROGRAM AND CURRENTLY RECEIVING MEDICAL  ASSISTANCE  BENEFITS  BASED  ON
 DETERMINATION  OF DISABILITY AS PROVIDED IN SECTION THREE HUNDRED SIXTY-
 SIX OF THE SOCIAL SERVICES LAW AND WHO LIVE IN TEMPORARY OR TRANSITIONAL
 HOUSING AND ARE UNABLE TO SECURE PERMANENT AND  STABLE  HOUSING  WITHOUT
 SPECIAL  ASSISTANCE OR SUCH OTHER CATEGORIES OF INDIVIDUALS WITH A DISA-
 BILITY AT RISK OF BEING HOMELESS AS  DETERMINED  BY  A  COMMISSIONER  OF
 SOCIAL SERVICES OR A SOCIAL SERVICES DISTRICT.
   §  2.  Section  31  of  the  private housing finance law is amended by
 adding a new subdivision 7-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00043-01-3
 A. 491                              2
              

 
   7-A. PREFERENCE IN ADMISSION SHALL BE GRANTED TO A LIMITED  NUMBER  OF
 OTHERWISE  ELIGIBLE  APPLICANTS  WHO  ARE  ELIGIBLE HOMELESS FAMILIES OR
 ELIGIBLE HOMELESS INDIVIDUALS WITH A DISABILITY, IN ALL STATE-SUPERVISED
 FAMILY RENTAL HOUSING DEVELOPMENTS LOCATED IN THE CITY OF NEW  YORK  AND
 WESTCHESTER  COUNTY  WHICH WERE CONSTRUCTED AND ARE OPERATED PURSUANT TO
 THIS ARTICLE. THE OWNERS AND MANAGING AGENTS OF SUCH DEVELOPMENTS  SHALL
 FILL  AT  LEAST  ONE  OF  EVERY  FIVE VACANCIES IN EACH BUILDING WITH AN
 ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS INDIVIDUAL WITH A DISABIL-
 ITY. PROVIDED, HOWEVER, NO OWNER AND/OR MANAGING AGENT  SHALL  BE  OBLI-
 GATED  TO  FILL MORE THAN FIVE PERCENT OF THE TOTAL NUMBER OF APARTMENTS
 IN EACH BUILDING WITH AN ELIGIBLE HOMELESS FAMILY OR  ELIGIBLE  HOMELESS
 INDIVIDUAL  WITH  A  DISABILITY  ASSISTED  HEREUNDER. SECTION 8 VOUCHERS
 SHALL BE PROVIDED TO ELIGIBLE HOMELESS FAMILIES  AND  ELIGIBLE  HOMELESS
 INDIVIDUALS  WITH  A DISABILITY APPLYING FOR HOUSING UNDER THIS SUBDIVI-
 SION PROVIDED SUCH VOUCHERS ARE OTHERWISE AVAILABLE AND  NOT  MORE  THAN
 FORTY  PERCENT  OF  SUCH VOUCHERS ARE BEING PROVIDED TO SUCH FAMILIES OR
 INDIVIDUALS.
   § 3. Section 85-a of the private housing finance  law  is  amended  by
 adding a new subdivision 6-a to read as follows:
   6-A.  PREFERENCE  IN ADMISSION SHALL BE GRANTED TO A LIMITED NUMBER OF
 OTHERWISE ELIGIBLE APPLICANTS WHO  ARE  ELIGIBLE  HOMELESS  FAMILIES  OR
 ELIGIBLE HOMELESS INDIVIDUALS WITH A DISABILITY, IN ALL STATE-SUPERVISED
 FAMILY  RENTAL  HOUSING DEVELOPMENTS LOCATED IN THE CITY OF NEW YORK AND
 WESTCHESTER COUNTY WHICH WERE CONSTRUCTED AND ARE OPERATED  PURSUANT  TO
 THIS  ARTICLE. THE OWNERS AND MANAGING AGENTS OF SUCH DEVELOPMENTS SHALL
 FILL AT LEAST ONE OF EVERY FIVE  VACANCIES  IN  EACH  BUILDING  WITH  AN
 ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS INDIVIDUAL WITH A DISABIL-
 ITY.  PROVIDED HOWEVER NO OWNER AND/OR MANAGING AGENT SHALL BE OBLIGATED
 TO FILL MORE THAN FIVE PERCENT OF THE TOTAL NUMBER OF APARTMENTS IN EACH
 BUILDING WITH AN ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS  INDIVID-
 UAL  WITH  A DISABILITY ASSISTED HEREUNDER.  SECTION 8 VOUCHERS SHALL BE
 PROVIDED TO ELIGIBLE HOMELESS FAMILIES AND ELIGIBLE HOMELESS INDIVIDUALS
 WITH A DISABILITY APPLYING FOR HOUSING UNDER THIS  SUBDIVISION  PROVIDED
 SUCH VOUCHERS ARE OTHERWISE AVAILABLE AND NOT MORE THAN FORTY PERCENT OF
 SUCH VOUCHERS ARE BEING PROVIDED TO SUCH FAMILIES OR INDIVIDUALS.
   §  4.  This  act shall take effect on the ninetieth day after 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.