S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4021--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, HUNTER, MEEKS, JOYNER, DINOWITZ,
   AUBRY, LUPARDO, RAMOS,  GLICK,  BICHOTTE HERMELYN,  KELLES,  MITAYNES,
   SIMON,  KIM,  DAVILA,  GALLAGHER,  CRUZ,  LEVENBERG,  WEPRIN, BRONSON,
   SEAWRIGHT, GONZALEZ-ROJAS,  PAULIN,  HEVESI,  WALKER,  REYES,  COLTON,
   FAHY,  CARROLL,  TAYLOR, JACKSON, LEE, ROZIC, EPSTEIN, JACOBSON, DICK-
   ENS, MAMDANI,  CLARK,  FORREST,  OTIS,  ANDERSON,  ZINERMAN,  SEPTIMO,
   BURGOS,   DILAN,   BORES,   LUNSFORD,   SHRESTHA,   BURDICK,   SIMONE,
   CHANDLER-WATERMAN, TAPIA, O'DONNELL, BENEDETTO, DE LOS SANTOS,  GIBBS,
   LUCAS,  ARDILA,  RAGA, SOLAGES, SHIMSKY, ALVAREZ, CUNNINGHAM -- Multi-
   Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
   tee on Housing -- reported and referred to the Committee on  Ways  and
   Means  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01985-05-3
              

 A. 4021--A                          2
 
         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.
         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
 A. 4021--A                          3
 
 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
 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.
 A. 4021--A                          4
 
   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;
   (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
 A. 4021--A                          5
 
 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.
   § 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.
 A. 4021--A                          6
 
   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.
   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. 1. 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 APPROPRI-
 ATE 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 FEDER-
 AL REGULATIONS.  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.
   2. A HOUSING ASSISTANCE PAYMENT  CONTRACT  ENTERED  INTO  PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
 TO  FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR OCCUPANCY
 OF A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS  IS
 NECESSARY  TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH DWELL-
 ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
   § 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
 A. 4021--A                          7
 
 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;
   (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
 A. 4021--A                          8
 
 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.
   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-
 A. 4021--A                          9
 
 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  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
 A. 4021--A                         10
 
 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
 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.