NY State Senate Bill 2023-S8622

Current Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2024	print number 8622a
Mar 11, 2024	amend and recommit to social services
Feb 22, 2024	referred to social services

Bill Amendments

Original

A (Active)

2023-S8622 - Details

See Assembly Version of this Bill:: A9372
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §131-ww, amd §§131-w & 131-r, Soc Serv L

2023-S8622 - Summary

Relates to the payment of shelter and rent arrears; provides that all shelter arrears payments authorized for applicants to receive an emergency grant to pay for rent, property taxes or mortgage arrears shall be limited to once every year unless the district determines at its discretion that additional shelter arrears payments are necessary based on the individual circumstances.

2023-S8622 - Sponsor Memo

                                 
BILL NUMBER: S8622

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the social services law, in relation to the payment of
shelter and rent arrears

 
PURPOSE:

This bill would amend certain eligibility criteria for accessing emer-
gency grants to pay for rent, property taxes, or mortgage arrears.

 
SUMMARY OF PROVISIONS:

Section 1: amends the social service law to create a new section 131-ww.

Section 131-ww specifies that emergency grants for rental, mortgage, and
property tax arrears will be available to applicants once every year
(current regulations specify no more than once every five years) unless
the district uses discretion to allocate more funding. This section also
states that applicants will not be required to demonstrate an ability to

pay shelter expenses or prove that they can make repayments. The section
ends by instructing the commissioner to promulgate regulations in line
with the requirements of this section of law.

Section 2: amends section 131-w of the social services law to increase
the gross household income cap from 125% to 200% of the federal income
official poverty line.

Section 3: Amends subdivision 1 of section 131-r of the social services
law to change the way in which lottery winnings can be used to claw back
emergency grants for rental, mortgage, and property tax arrears. Pres-
ently, there is a lookback window of 10 years, and any winnings in
excess of $600 may be clawed back. This bill changes the lookback window
to five years, and increases the threshold at which winnings may be
clawed back to $20,000.

Section 4: establishes the effective date.

 
JUSTIFICATION:

New York State's housing costs arrears eligibility guidelines have been
in place for decades and apply an outdated set of standards to those
seeking funds to stay in their home. These antiquated standards are far
too narrow, and as a result, thousands of individuals who need help are
unable to access it.

New York State is battling a dual housing and homelessness crisis. As
rents continue to rise throughout the state, many families are struggl-
ing to keep up. While New York saw a sharp decline in the number of
evictions during the pandemic moratorium, eviction filings are now
rising at a startling pace. From their low of 69,346 filings during the
peak of the pandemic in 2021, statewide filings have risen drastically
to 212,464 in 2023.

Evictions are disruptive for the community at every level. For individ-
uals, a forced move can take a toll both financially and on their
health. At the community level, evictions disrupt the social cohesion of
neighborhoods. Constant churn in residents makes it much more difficult
for neighbors to get to know and trust one another.

Upstate New York has been hit particularly hard by the housing and cost
of living crisis. As a result, rather than coming about due to the
actions of a tenant or the lapse of a lease, most evictions are a result
of a tenant's inability to pay. In Buffalo city court for example, over
the last 5 years, 85% of evictions were filed due to non-payment. Just
last year, in Erie County at large, non-payment was the cause of 83% of
eviction warrants that were issued. This figure is on par with many
other large counties throughout the state. That means that for most
people facing an eviction, the only thing that will keep them in their
homes is access to housing costs arrears funds.

Eviction proceedings are costly and time consuming for everyone
involved: tenants, landlords, and the courts. None of the parties leaves
court feeling like they achieved their ideal outcome. Avoiding a court
case is better for all parties.

Not only is housing court time consuming and costly, forcing families
out of their homes and into the shelter system also generates huge costs
to the state and localities. For each household in the shelter system
the state pays almost $13,000 in total. Given that the average eviction
is filed for a sum as small as $1,200, making housing costs arrears
funds more accessible will ultimately be a cost saving measure for the
state. Since these funds are already dispersed and only going unused due
to obsolete restrictions, enacting this bill will result in no addi-
tional cost to the state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8622 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8622
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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 the  payment  of
   shelter and rent arrears
 
   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-ww to read as follows:
   §  131-WW. SHELTER ARREARS. 1. ALL SHELTER ARREARS PAYMENTS AUTHORIZED
 FOR APPLICANTS TO RECEIVE AN EMERGENCY GRANT TO PAY FOR  RENT,  PROPERTY
 TAXES  OR  MORTGAGE  ARREARS  SHALL  BE LIMITED TO A TOTAL PERIOD OF SIX
 MONTHS ONCE EVERY YEAR UNLESS THE DISTRICT DETERMINES AT ITS  DISCRETION
 THAT  ADDITIONAL  SHELTER  ARREARS  PAYMENTS  ARE NECESSARY BASED ON THE
 INDIVIDUAL CIRCUMSTANCES.
   2. IN AN APPLICATION FOR AN  ALLOWANCE  TO  PAY  SHELTER  ARREARS,  AN
 APPLICANT SHALL NOT BE REQUIRED TO DEMONSTRATE AN ABILITY TO REPAY SHEL-
 TER  EXPENSES, RENT, PROPERTY TAXES, OR MORTGAGE PAYMENTS GOING FORWARD,
 NOR SHALL A DISTRICT CONSIDER AN APPLICANT'S ABILITY  TO  MAKE  PAYMENTS
 UNDER ANY REPAYMENT AGREEMENT.
   3.  UNREPAID  SHELTER EXPENSES SHALL HAVE NO BEARING ON AN APPLICANT'S
 ELIGIBILITY TO RECEIVE ADDITIONAL LOANS.
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONSISTENT WITH  THIS
 SECTION.
   §  2. Section 131-w of the social services law, as added by chapter 41
 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment of rent arrears.  Districts  shall
 not  provide  assistance to pay rent arrears, property taxes or mortgage
 arrears for persons not eligible for home relief, aid to dependent chil-
 dren, emergency assistance to needy families with children or  emergency
 assistance  for  aged, blind and disabled persons, except to persons who
 are without income or resources immediately available to meet the  emer-
 gency  need[,]  AND  whose  gross  household income does not exceed [one
 hundred twenty-five] TWO HUNDRED percent of the federal income  official
 poverty  line  [and who sign a repayment agreement agreeing to repay the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14611-03-4
 S. 8622                             2

 assistance in a period not to exceed twelve months.  The districts shall
 enforce the repayment agreements by any  legal  method  available  to  a
 creditor,  in  addition  to any rights it has pursuant to this chapter].
 The  department  shall  promulgate regulations to implement this section
 which shall, among other things, [establish standards for  the  contents
 of  repayment agreements and] establish standards to ensure that assist-
 ance is provided only in emergency circumstances.
   § 3. Subdivision 1 of section 131-r of the  social  services  law,  as
 added by chapter 81 of the laws of 1995 and as designated by chapter 340
 of the laws of 2003, is amended to read as follows:
   1.  Any  person  who is receiving or has received, within the previous
 [ten] FIVE years, public assistance pursuant to the provisions  of  this
 article,  and  who wins a lottery prize of [six hundred] TWENTY THOUSAND
 dollars or more shall reimburse the department from  the  winnings,  for
 all  such  public  assistance  benefits  paid  to such person during the
 previous [ten] FIVE years; provided, however, that such crediting to the
 department shall in no event exceed fifty percent of the amount  of  the
 lottery  prize.  The commissioner shall enter into an agreement with the
 director of the lottery, pursuant to section sixteen hundred  thirteen-b
 of  the  tax  law,  for  the  crediting of lottery prizes against public
 assistance benefits. Nothing herein shall limit the ability of a  social
 services  district  to  make  recoveries  pursuant  to section [104] ONE
 HUNDRED FOUR or section [106-b] ONE HUNDRED SIX-B of this chapter.
   § 4. This act shall take effect immediately.

2023-S8622A (ACTIVE) - Details

See Assembly Version of this Bill:: A9372
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §131-ww, amd §§131-w & 131-r, Soc Serv L

2023-S8622A (ACTIVE) - Summary

2023-S8622A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8622A

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the social services law, in relation to the payment of
shelter and rent arrears

 
PURPOSE:

This bill would amend certain eligibility criteria for accessing emer-
gency grants to pay for rent, property taxes, or mortgage arrears.

 
SUMMARY OF PROVISIONS:

Section 1: amends the social service law to create a new section 131-ww.

Section 131-ww specifies that emergency grants for rental, mortgage, and
property tax arrears will be available to applicants once every year
(current regulations specify no more than once every five years) unless
the district uses discretion to allocate more funding. This section also
states that applicants will not be required to demonstrate an ability to

pay shelter expenses or prove that they can make repayments. The section
ends by instructing the commissioner to promulgate regulations in line
with the requirements of this section of law.

Section 2: amends section 131-w of the social services law to increase
the gross household income cap from 125% to 200% of the federal income
official poverty line.

Section 3: Amends subdivision 1 of section 131-r of the social services
law to change the way in which lottery winnings can be used to claw back
emergency grants for rental, mortgage, and property tax arrears. Pres-
ently, there is a lookback window of 10 years, and any winnings in
excess of $600 may be clawed back. This bill changes the lookback window
to five years, and increases the threshold at which winnings may be
clawed back to $20,000.

Section 4: establishes the effective date.

 
JUSTIFICATION:

New York State's housing costs arrears eligibility guidelines have been
in place for decades and apply an outdated set of standards to those
seeking funds to stay in their home. These antiquated standards are far
too narrow, and as a result, thousands of individuals who need help are
unable to access it.

New York State is battling a dual housing and homelessness crisis. As
rents continue to rise throughout the state, many families are struggl-
ing to keep up. While New York saw a sharp decline in the number of
evictions during the pandemic moratorium, eviction filings are now
rising at a startling pace. From their low of 69,346 filings during the
peak of the pandemic in 2021, statewide filings have risen drastically
to 212,464 in 2023.

Evictions are disruptive for the community at every level. For individ-
uals, a forced move can take a toll both financially and on their
health. At the community level, evictions disrupt the social cohesion of
neighborhoods. Constant churn in residents makes it much more difficult
for neighbors to get to know and trust one another.

Upstate New York has been hit particularly hard by the housing and cost
of living crisis. As a result, rather than coming about due to the
actions of a tenant or the lapse of a lease, most evictions are a result
of a tenant's inability to pay. In Buffalo city court for example, over
the last 5 years, 85% of evictions were filed due to non-payment. Just
last year, in Erie County at large, non-payment was the cause of B3% of
eviction warrants that were issued. This figure is on par with many
other large counties throughout the state. That means that for most
people facing an eviction, the only thing that will keep them in their
homes is access to housing costs arrears funds.

Eviction proceedings are costly and time consuming for everyone
involved: tenants, landlords, and the courts. None of the parties leaves
court feeling like they achieved their ideal outcome. Avoiding a court
case is better for all parties.

Not only is housing court time consuming and costly, forcing families
out of their homes and into the shelter system also generates huge costs
to the state and localities. For each household in the shelter system
the state pays almost $13,000 in total. Given that the average eviction
is filed for a sum as small as $1,200, making housing costs arrears
funds more accessible will ultimately be a cost saving measure for the
state. Since these funds are already dispersed and only going unused due
to obsolete restrictions, enacting this bill will result in no addi-
tional cost to the state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8622A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8622--A
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to amend the social services law, in relation to the payment of
   shelter and rent arrears

   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-ww to read as follows:
   § 131-WW. SHELTER ARREARS. 1.  APPLICANTS  MAY  RECEIVE  AN  EMERGENCY
 GRANT  TO  PAY  FOR  RENT, PROPERTY TAXES OR MORTGAGE ARREARS ONCE EVERY
 YEAR UNLESS THE DISTRICT DETERMINES AT ITS  DISCRETION  THAT  ADDITIONAL
 SHELTER  ARREARS  PAYMENTS ARE NECESSARY BASED ON THE INDIVIDUAL CIRCUM-
 STANCES.
   2. IN AN APPLICATION FOR AN  ALLOWANCE  TO  PAY  SHELTER  ARREARS,  AN
 APPLICANT SHALL NOT BE REQUIRED TO DEMONSTRATE AN ABILITY TO REPAY SHEL-
 TER  EXPENSES, RENT, PROPERTY TAXES, OR MORTGAGE PAYMENTS GOING FORWARD,
 NOR SHALL A DISTRICT CONSIDER AN APPLICANT'S ABILITY  TO  MAKE  PAYMENTS
 UNDER ANY REPAYMENT AGREEMENT.
   3.  UNREPAID  SHELTER EXPENSES SHALL HAVE NO BEARING ON AN APPLICANT'S
 ELIGIBILITY TO RECEIVE ADDITIONAL LOANS.
   4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONSISTENT WITH  THIS
 SECTION.
   §  2. Section 131-w of the social services law, as added by chapter 41
 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment of rent arrears.  Districts  shall
 not  provide  assistance to pay rent arrears, property taxes or mortgage
 arrears for persons not eligible for home relief, aid to dependent chil-
 dren, emergency assistance to needy families with children or  emergency
 assistance  for  aged, blind and disabled persons, except to persons who
 are without income or resources immediately available to meet the  emer-
 gency  need[,]  AND  whose  gross  household income does not exceed [one
 hundred twenty-five] TWO HUNDRED percent of the federal income  official
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14611-04-4
 S. 8622--A                          2
 
 poverty  line  [and who sign a repayment agreement agreeing to repay the
 assistance in a period not to exceed twelve months.  The districts shall
 enforce the repayment agreements by any  legal  method  available  to  a
 creditor,  in  addition  to any rights it has pursuant to this chapter].
 The department shall promulgate regulations to  implement  this  section
 which  shall,  among other things, [establish standards for the contents
 of repayment agreements and] establish standards to ensure that  assist-
 ance is provided only in emergency circumstances.
   §  3.  Subdivision  1  of section 131-r of the social services law, as
 added by chapter 81 of the laws of 1995 and as designated by chapter 340
 of the laws of 2003, is amended to read as follows:
   1. Any person who is receiving or has received,  within  the  previous
 [ten]  FIVE  years, public assistance pursuant to the provisions of this
 article, and who wins a lottery prize of [six hundred]  TWENTY  THOUSAND
 dollars  or  more  shall reimburse the department from the winnings, for
 all such public assistance benefits  paid  to  such  person  during  the
 previous [ten] FIVE years; provided, however, that such crediting to the
 department  shall  in no event exceed fifty percent of the amount of the
 lottery prize. The commissioner shall enter into an agreement  with  the
 director  of the lottery, pursuant to section sixteen hundred thirteen-b
 of the tax law, for the  crediting  of  lottery  prizes  against  public
 assistance  benefits. Nothing herein shall limit the ability of a social
 services district to make  recoveries  pursuant  to  section  [104]  ONE
 HUNDRED FOUR or section [106-b] ONE HUNDRED SIX-B of this chapter.
   § 4. This act shall take effect immediately.

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Senate Bill S8622

Sponsored By

Current Bill Status - In Senate Committee Social Services Committee

Bill Amendments

2023-S8622 - Details

2023-S8622 - Summary

2023-S8622 - Sponsor Memo

2023-S8622 - Bill Text download pdf

2023-S8622A (ACTIVE) - Details

2023-S8622A (ACTIVE) - Summary

2023-S8622A (ACTIVE) - Sponsor Memo

2023-S8622A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8622

Share this bill

Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Social Services Committee

Bill Amendments

2023-S8622 - Details

2023-S8622 - Summary

2023-S8622 - Sponsor Memo

2023-S8622 - Bill Text download pdf

2023-S8622A (ACTIVE) - Details

2023-S8622A (ACTIVE) - Summary

2023-S8622A (ACTIVE) - Sponsor Memo

2023-S8622A (ACTIVE) - Bill Text download pdf

Comments