S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    568
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS,  GOUNARDES,  HARCKHAM,  HINCHEY,  HOYLMAN,  JACKSON,
   KENNEDY,  KRUEGER,  LIU,  MANNION, MAY, MAYER, MYRIE, PARKER, PERSAUD,
   RAMOS, RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SKOUFIS, STAVISKY --
   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-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING OF UNITS OWNED BY A HOUSING  ACCESS  VOUCHER  LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01985-01-3
              

 S. 568                              2

         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. 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.
   § 606. 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
 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
 S. 568                              3
 
 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-
 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.
 S. 568                              4
 
   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;
   (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;
 S. 568                              5
 
   (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.
   § 607. 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.
   § 608. 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.
   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.
   § 609. 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
 S. 568                              6
 
 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.
   § 610. 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.
   § 611. 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;
   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
 S. 568                              7
 
   (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 SIX OF THIS ARTICLE.
   § 612. 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 THIRTEEN
 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.
   § 613. 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 TWELVE 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-
 S. 568                              8
 
 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 SIX 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.
   § 614. 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
 SEVENTEEN 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:
   (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
 S. 568                              9
 
 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 SEVENTEEN OF THIS ARTI-
 CLE) 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 SEVENTEEN 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
 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.
 S. 568                             10
 
   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.
   § 615. 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 SEVENTEEN 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
 TO FACTORS THAT THE COMMISSIONER DETERMINES ARE BEYOND  THE  CONTROL  OF
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   § 616. 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.
   § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR.  1.  IF  AN  ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
 S. 568                             11
 
 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 FOURTEEN OF THIS ARTICLE
 AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX  HUNDRED  FIFTEEN  OF
 THIS  ARTICLE.  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.
   § 618. 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.
   § 619. 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 AS LISTED ON THE INITIAL APPLICATION;
   (C)  THE  COMPOSITION OF THE NEW UNITS AND WHICH UNIT INCLUDES ELDERLY
 OR DISABLED MEMBERS;
 S. 568                             12
 
   (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.
   § 620. 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.
   § 621. VOUCHERS  STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN
 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.
   § 622. 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.
   § 623. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  568--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN-SI-
   GAL, JACKSON, KENNEDY, KRUEGER, LIU, MANNION, MAY, MAYER, MYRIE, PARK-
   ER,  PERSAUD, RAMOS, RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SKOUF-
   IS, 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
 
 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-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING  OF  UNITS  OWNED BY A HOUSING ACCESS VOUCHER LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01985-02-3
              

 S. 568--A                           2

         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. LEGISLATIVE  FINDINGS.  THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
 NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST  OF  HOUS-
 ING,  AND  TO  AID  INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
 IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 606. 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;  INDIVIDUALS
 RELEASED  OR  SCHEDULED  TO BE RELEASED FROM INCARCERATION 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  WITHOUT  LIVING INDEPENDENTLY IN PERMANENT HOUSING OR
 HAVING EXPERIENCED PERSISTENT 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 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
 MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR  FAMILY
 S. 568--A                           3
 
 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 A PUBLIC HOUSING AGENCY  THAT
 ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
 OF  THE  UNITED STATES HOUSING ACT OF 1937 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.  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.
   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" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
 ANY AMENDMENTS THERETO.
   10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
 5.611 AND ANY AMENDMENTS THERETO.
   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 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.
 S. 568--A                           4
 
   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;
   (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.
   § 607. 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-
 S. 568--A                           5
 
 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.
   § 608. 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 A CERTIFICATION  FROM  A
 SOCIAL  SERVICES  PROVIDER  SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT
 NOT LIMITED TO, HOMELESS SHELTERS  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
 UNITED STATES 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  HOUSING  ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR'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 DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
 RENTAL ASSISTANCE.
   5. THE  COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY  AND
 DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
 ING  ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR
 THE PURPOSE OF DETERMINING  AN  INDIVIDUAL'S  OR  FAMILY'S  INITIAL  AND
 CONTINUED ELIGIBILITY FOR THE PROGRAM.
   6.  REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   § 609. FUNDING  ALLOCATION  AND  DISTRIBUTION. 1. SUBJECT TO APPROPRI-
 ATION, FUNDING SHALL BE ALLOCATED BY THE  COMMISSIONER  IN  EACH  COUNTY
 EXCEPT  FOR  THOSE  COUNTIES  LOCATED  WITHIN  THE CITY OF NEW YORK, THE
 INITIAL ALLOCATION SHALL BE 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.  FUNDING FOR COUN-
 TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY  TO
 THE  NEW  YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
 AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE,  IN  PROPOR-
 TION  TO  THE  NUMBER  OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
 REST OF THE STATE 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 NOT LOCATED WITHIN THE CITY OF NEW  YORK  AMONG
 HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
 IN THE CITY OF NEW YORK.
 S. 568--A                           6
 
   3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
 SIONER SHALL HAVE THE DISCRETION  TO  ESTABLISH  FURTHER  PRIORITIES  AS
 APPROPRIATE.
   4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
 SIONER  AND  THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
 TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
 ER PROGRAM.
   § 610. 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. THE COMMISSIONER SHALL DETERMINE THE
 FORM  OF  THE  HOUSING  ASSISTANCE  PAYMENT  CONTRACT  AND THE METHOD OF
 PAYMENT. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT  TO
 THIS  SECTION  SHALL ESTABLISH THE PAYMENT STANDARD (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  PAYMENT  STANDARD  SHALL  NOT  EXCEED  ONE
 HUNDRED  TWENTY  PERCENT  NOR  BE  LESS  THAN NINETY PERCENT OF THE FAIR
 MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS  LOCATED.    FAIR  MARKET
 RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS AS SET
 FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH IN THE
 APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDERAL REGU-
 LATIONS.  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.
   § 611. 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;
   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, INCLUDING, BUT  NOT  LIMITED  TO,
 THE  NON-PAYMENT  OF  THE  TENANT'S PORTION OF THE RENT OWED, 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 CONSTITUTE 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;
 S. 568--A                           7
 
   (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 SIX OF THIS ARTICLE.
   § 612. RENTAL  OBLIGATION.  THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
 VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT  TO  THE  HOUSING
 ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
   1.  THIRTY  PERCENT  OF  THE  MONTHLY ADJUSTED INCOME OF THE FAMILY OR
 INDIVIDUAL; OR
   2. 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.
   § 613. 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 TWELVE OF THIS ARTI-
 CLE.
   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 RENT OF THE
 RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE  COMMISSIONER.  THE
 COMMISSIONER  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  TWENTY  PERCENT  OF THE FAIR MARKET RENT ESTABLISHED IN SECTION
 SIX HUNDRED SIX 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.
   § 614. INSPECTION  OF  UNITS.   INSPECTION OF UNITS SHALL BE CONDUCTED
 PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL  HOUSING  CHOICE
 VOUCHER  PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
 TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
   § 615. 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.
 S. 568--A                           8
 
   2.  A  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
 PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY,  AT  THE
 REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
 CLE,  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 CONSIDER-
 ATION BY THE INDIVIDUAL OR FAMILY (AND  ALL  RENT  INCREASES  FOR  UNITS
 UNDER  LEASE  BY THE INDIVIDUAL OR FAMILY) TO DETERMINE 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.
   § 616. 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.
   § 617. 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 FOURTEEN OF THIS ARTICLE
 AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX  HUNDRED  FIFTEEN  OF
 THIS  ARTICLE.  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.
   § 618. 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
 S. 568--A                           9
 
 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  STATES  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.
   § 619. 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 SUCH INDIVIDUALS OR FAMILIES CANNOT  AGREE
 AS  TO  WHICH  SUCH  INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
 ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE  HOUSING
 ACCESS  VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
 TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL  CONTINUE  TO  BE
 ASSISTED:
   (A)  WHICH  OF  SUCH  INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
 CHILDREN;
   (B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN  THE  VOUCHER
 WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
   (C)  THE  COMPOSITION  OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
 FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
   (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED  IN  THE  BREAKUP  OF  SUCH
 FAMILY;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
   (F) RECOMMENDATIONS OF SOCIAL SERVICES 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.
   § 620. 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.
   § 621. VOUCHERS  STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN
 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.  PROVIDED FURTHER, HOWEVER,
 THAT A VOUCHER MUST BE USED IN THE COUNTY IN WHICH  IT  WAS  ISSUED,  OR
 S. 568--A                          10
 
 WITHIN  THE  CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN THE CITY
 OF NEW YORK, FOR NO LESS THAN ONE YEAR  BEFORE  IT  CAN  BE  USED  IN  A
 DIFFERENT  JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
 THEREOF,  IS  OR  HAS  BEEN  THE  VICTIM  OF  DOMESTIC  VIOLENCE, DATING
 VIOLENCE, SEXUAL ASSAULT, OR STALKING.
   § 622. 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.
   § 623. 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 ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule, regulation, plan or guidance document necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date; provided further
 that any rule, regulation, plan or guidance document shall apply only to
 those counties located outside of the city of New  York.  The  New  York
 city department of housing preservation and development and the New York
 city  housing  authority,  as  applicable,  shall  promulgate or release
 rules, regulations, plans or guidance documents  as  necessary  for  the
 implementation of this act within the city of New York.