NY State Senate Bill 2023-S8652

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2024	referred to social services

2023-S8652 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§131, 131-w & 350-j, add §131-bbb, Soc Serv L

2023-S8652 (ACTIVE) - Summary

Relates to emergency rental assistance; prohibits the requirement that a court proceeding has been initiated against an individual in order for such individual to qualify for a rent arrears grant or ongoing rental assistance (Part A); removes the requirement that rent arrears be repaid (Part B); makes certain housing programs available regardless of immigration status (Part C)

2023-S8652 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8652

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the social services law, in relation to prohibiting the
requirement that a court proceeding has been initiated against an indi-
vidual in order for such individual to qualify for a rent arrears grant
or ongoing rental assistance (Part A); to amend the social services law,
in relation to removing the requirement that rent arrears be repaid
(Part B); to amend the social services law, in relation to making
certain housing programs available regardless of immigration status
(Part C); and to amend the social services law, in relation to authoriz-
ing emergency assistance to cover rent arrears for up to twelve months
(Part D)

 
PURPOSE OF BILL:

This bill amends several areas of the Social Services Law to improve
access to emergency rental assistance under Emergency Assistance for
Adults, Emergency Assistance for Families, and Emergency Safety Net
Assistance, for the prevention of eviction and homelessness for individ-
uals as well as families with children.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the structure of the bill, with five
components Parts A, B, C, and D. Part A

Section 1 of Part A of the bill amends section 131 of the social
services law by adding a new subdivision 21 to prohibit social service
districts from requiring proof of a court proceeding in order to qualify
for emergency rental assistance.

Section 2 of Part A of the bill establishes the effective date.

Part B

Section 1 of Part B of the bill amends section 131-w of the Social
Services Law to remove the requirement that social service districts
must require the repayment of emergency rental assistance as a condition
for granting such assistance, and to remove the requirement that social
service districts must recoup the assistance.

Section 2 of Part B of the bill establishes the effective date.

Part C

Section 1 of Part C of the bill amends the social service law, adding a
new section 131-bbb to allow individuals within the city of New York to
be eligible for CityFHEPS rental assistance regardless of their immi-
gration status. This section also clarifies that money appropriated by
the State for the purposes of this program shall be available for this
purpose.

Section 2 of Part C of the bill establishes the effective date.

Part D

Section 1 of Part D of the bill amends section 131 of the social
services law by adding a new subdivision 22 to allow social service
districts to use emergency rental assistance toward rental arrears for
up to 12 months. It also provides for the discretion of social service
districts to allow for more payment to cover rent arrears as necessary
based on individual case circumstances.

Section 2 of Part D of the bill adds a new subdivision 6 to specify that
when social service districts provide emergency assistance toward rent
arrears using a funding source that requires local cost sharing, the
share of the local cost for this purpose would be 50%.

Section 2 of Part D of the bill establishes the effective date.

Section 2 of the bill sets forth the severability clause.

Section 3 of the bill establishes the effective date.

 
JUSTIFICATION:

Part A

Though there is no law or regulation that requires it, to qualify for
emergency rental assistance, some social service districts have made it
a rule that individuals must be able to show that an eviction proceeding
has already been initiated against them. Even in cases where an eviction
is imminent and a person will soon become homeless, individuals are not
eligible until the court proceeding has been initiated. This process is
not only traumatic for the tenant, it creates an unnecessary burden for
all parties involved when the tenant could simply be provided assistance
before the eviction process has formally begun. This bill would statuto-
rily prohibit such a requirement to put a stop to adhering to this
informal rule by some social service districts.

Part B

NYS Social Services Law Section 131-w currently requires that emergency
rental assistance must be repaid. Many low- and moderate-income families
simply cannot meet this requirement, which likely discourages otherwise
eligible people from applying for this vital form of eviction prevention
assistance. Additionally, social services districts are required to
pursue options to collect the emergency assistance, including taking the
tenants to court. Such emergency assistance grants are intended to help
individuals remain in their homes, but a requirement to repay rental
arrears can cause further financial distress, essentially preventing a
renter from ever getting ahead. This bill removes the requirement that
emergency grants for rental arrears must be repaid.

Part C

Federal law provides that undocumented persons may be eligible for
public benefits from state and local government if the state enacts a
law providing for such eligibility. Enabling the City of New York to
provide undocumented persons with vouchers through the City's rental
assistance program, CityFHEPS, this bill will reduce the number of
people depending on the temporary shelter system.

Part D
General emergency assistance regulation 18 NYCRR Section 352.7(g)(3)
restricts the use of emergency rental assistance to paying no more than
six months of shelter arrears. Under 18 NYCRR Section 297.7(1)(3) for
Emergency Assistance for Adults, rent arrears payment is limited to the
four months prior to when a person applies for EAA.  Emergency Assist-
ance for Families and Emergency Safety Net Assistance regulations are
silent on how many months of arrears the assistance may cover, though
social service districts may point to the general emergency assistance
regulation to make this provision apply for both EAF and ESNA.

Legal services providers have reported that, for a household with rental
arrears over the limit, some social service districts would refuse to
grant any emergency assistance unless funding from local nonprofits,
faith-based organizations, or foundations to cover a household's arrears
in excess of the limit can be secured. The same legal services providers
also reported that many of their clients with nonpayment cases typically
owe closer to a year's rent by the time they are connected with legal
help. This bill would allow emergency rental assistance to be used
toward up to 12 months (or more at the social service district's
discretion) of rent arrears, which will ensure more households can
receive the assistance they need to remain in their homes. The bill
would also reduce the percentage of local cost sharing from the standard
Safety Net Assistance local share of 71% to 50% when the emergency
assistance is used to pay for rent arrears, incentivizing social service
districts to be more willing to extend assistance for this much needed
purpose.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
applicable effective date of Parts A through D of this act shall be as
specifically set forth in the last section of such Parts.

2023-S8652 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8652
 
                             I N  S E N A T E
 
                             February 26, 2024
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 prohibiting  the
   requirement  that  a  court  proceeding  has been initiated against an
   individual in order for such individual to qualify for a rent  arrears
   grant  or  ongoing  rental  assistance  (Part  A); to amend the social
   services law, in  relation  to  removing  the  requirement  that  rent
   arrears  be  repaid  (Part  B);  to  amend the social services law, in
   relation to making certain housing programs  available  regardless  of
   immigration  status (Part C); and to amend the social services law, in
   relation to authorizing emergency assistance to cover rent arrears for
   up to twelve months (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to emergency rental assistance. Each component is wholly contained with-
 in  a  Part identified as Parts A through D. The effective date for each
 particular provision contained within such Part is set forth in the last
 section of such Part. Any provision in any section  contained  within  a
 Part,  including the effective date of the Part, which makes a reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Section 131 of the social services law is amended by adding
 a new subdivision 21 to read as follows:
   21. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, PROOF OF
 A  COURT  PROCEEDING  THAT  HAS  BEEN INITIATED AGAINST THE APPLICANT OR
 RECIPIENT SHALL NOT BE REQUIRED TO QUALIFY FOR EMERGENCY  ASSISTANCE  TO
 COVER  RENT  ARREARS  OR  PUBLIC  ASSISTANCE  TO  PROVIDE ONGOING RENTAL
 SUPPORT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14501-04-4
 S. 8652                             2
 
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 131-w of the social services law, as added by chap-
 ter 41 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment of rent arrears. [Districts] LOCAL
 SOCIAL  SERVICES  DISTRICTS  shall  not  provide  assistance to pay rent
 arrears, property taxes or mortgage arrears for persons not eligible for
 home relief, aid to dependent children, emergency  assistance  to  needy
 families with children or emergency assistance for aged, blind and disa-
 bled  persons,  except  to  persons  who are without income or resources
 immediately available to meet the emergency need, whose gross  household
 income  does  not  exceed one hundred twenty-five percent of the federal
 income official poverty line [and who sign a repayment agreement  agree-
 ing  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].  LOCAL  SOCIAL  SERVICES  DISTRICTS  SHALL NOT REQUIRE A
 RECIPIENT  TO REPAY ASSISTANCE PROVIDED TO PAY RENT ARREARS. The depart-
 ment 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  assistance  is
 provided only in emergency circumstances.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in effect on and after March 13, 2020 and shall apply to any
 assistance provided to pay rent arrears on and after such date.
 
                                  PART C
 
   Section 1. The social services law is amended by adding a new  section
 131-bbb to read as follows:
   §  131-BBB.  LOCAL SOCIAL SERVICES HOUSING PROGRAMS IN ACCORDANCE WITH
 SUBSECTION D OF 8 U.S.C. 1621. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW TO THE CONTRARY, FOR A LOCAL SOCIAL SERVICES DISTRICT WITH  A  POPU-
 LATION  OF  FIVE  MILLION  OR  MORE,  THE COMMISSIONER SHALL PERMIT SUCH
 DISTRICT TO MAKE THE PROGRAM SET FORTH IN CHAPTER TEN  OF  TITLE  SIXTY-
 EIGHT  OF  THE  RULES OF THE CITY OF NEW YORK, OR ANY SUCCESSOR PROGRAM,
 AVAILABLE TO FAMILIES AND INDIVIDUALS WHO WOULD BE ELIGIBLE BUT FOR SUCH
 FEDERAL LAW RESTRICTING ELIGIBILITY FOR SUCH  BENEFITS  BASED  ON  IMMI-
 GRATION  STATUS; AND TO ADMINISTER THE PROGRAM IN ACCORDANCE WITH A PLAN
 APPROVED PURSUANT TO 18 N.Y.C.R.R. § 352.3(A)(3).
   2. FUNDS APPROPRIATED BY NEW YORK STATE FOR SERVICES AND EXPENSES OF A
 PROGRAM TO PROVIDE SHELTER SUPPLEMENTS AT LOCAL  OPTION  TO  INDIVIDUALS
 AND FAMILIES REGARDLESS OF IMMIGRATION STATUS SHALL BE AUTHORIZED BY THE
 DEPARTMENT  TO  REIMBURSE  A LOCAL SOCIAL SERVICES DISTRICT WITH A POPU-
 LATION OF FIVE MILLION OR MORE TO FUND THE PROGRAM SET FORTH IN SUBDIVI-
 SION ONE OF THIS SECTION PURSUANT TO THE  APPROVED  PLAN  PROVIDED  THAT
 FUNDS  ARE  FIRST  USED TO REIMBURSE RENTAL COSTS ABOVE THE MAXIMUM RENT
 LEVELS IN  PLACE AS OF JANUARY FIRST, TWO THOUSAND TWENTY-ONE UP TO  THE
 UNITED  STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S FAIR MARKET
 RENT LEVEL FOR THE FAMILY HOMELESSNESS AND EVICTION  PREVENTION  SUPPLE-
 MENT PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-BB OF THIS TITLE.
   § 2. This act shall take effect immediately.
 
                                  PART D
 S. 8652                             3
 
   Section 1. Section 131 of the social services law is amended by adding
 a new subdivision 22 to read as follows:
   22. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY  EMERGENCY  ASSISTANCE  TO  COVER RENT ARREARS MAY BE PROVIDED FOR A
 PERIOD OF UP TO TWELVE MONTHS, UNLESS A LOCAL SOCIAL  SERVICES  DISTRICT
 DETERMINES  IN ITS DISCRETION THAT ADDITIONAL ASSISTANCE IS NECESSARY TO
 COVER RENT ARREARS IN A PARTICULAR CASE.
   § 2. Section 350-j of the social services law is amended by  adding  a
 new subdivision 6 to read as follows:
   6.  WHEN ANY EMERGENCY ASSISTANCE IS USED TO COVER RENT ARREARS FROM A
 FUNDING SOURCE THAT REQUIRES LOCAL COST SHARING, THE LOCAL COST OF  SUCH
 ASSISTANCE SHALL BE FIFTY PERCENT OF THE TOTAL EMERGENCY ASSISTANCE.
   § 3. This act shall take effect immediately.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through D of this act shall be
 as specifically set forth in the last section of such Parts.

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Senate Bill S8652

Sponsored By

Current Bill Status - In Senate Committee Social Services Committee

2023-S8652 (ACTIVE) - Details

2023-S8652 (ACTIVE) - Summary

2023-S8652 (ACTIVE) - Sponsor Memo

2023-S8652 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8652

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Social Services Committee

2023-S8652 (ACTIVE) - Details

2023-S8652 (ACTIVE) - Summary

2023-S8652 (ACTIVE) - Sponsor Memo

2023-S8652 (ACTIVE) - Bill Text download pdf

Comments