S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    745
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, LAVINE, CRUZ, SIMON, HUNTER, EPSTEIN,
   FORREST, PAULIN, ROSENTHAL, SLATER, DE LOS SANTOS  --  read  once  and
   referred to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to eliminating rent
   for  homeless  shelters;  and to repeal certain provisions of such law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 36-c of the social services law is REPEALED.
   § 2. Section 131 of the social services law is amended by adding a new
 subdivision 21 to read as follows:
   21.  A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER FOUND TO BE COLLECT-
 ING INCOME, ROOM  AND  BOARD  OR  ANY  OTHER  TYPE  OF  CONTRIBUTION  IN
 VIOLATION  OF SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF
 THIS TITLE, SHALL, AFTER NOTICE AND AN OPPORTUNITY TO BE  HEARD  BY  THE
 DEPARTMENT,  BE  REQUIRED  TO RETURN ANY FUNDS COLLECTED IN VIOLATION OF
 THIS SECTION TO SUCH RECIPIENT AND MAY BE SUBJECT TO A CIVIL PENALTY NOT
 TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION. THE DEPARTMENT  SHALL
 ADOPT  PROCEDURES  IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE
 ACT FOR ASSESSMENT OF PENALTIES PURSUANT TO THIS SECTION. SUCH PROCEDURE
 SHALL INCLUDE THE OPPORTUNITY FOR AN ADMINISTRATIVE APPEAL. ANY PROVIDER
 FOUND TO HAVE VIOLATED THIS SECTION AND WHO  IS  SUBSEQUENTLY  FOUND  TO
 HAVE  VIOLATED  THIS  SECTION  FIVE OR MORE TIMES WITHIN ONE YEAR OF THE
 INITIAL FINDING MAY BE DETERMINED, AT THE DISCRETION OF  THE  DEPARTMENT
 AND  TAKING  INTO  CONSIDERATION  THE GEOGRAPHIC AVAILABILITY OF SIMILAR
 SERVICES, TO BE INELIGIBLE TO RECEIVE PUBLIC FUNDING FOR A PERIOD NOT TO
 EXCEED FIVE YEARS.
   B. ANY PROVIDER WHICH HAS BEEN DEEMED  INELIGIBLE  TO  RECEIVE  PUBLIC
 FUNDING  PURSUANT  TO  THIS  SECTION  MAY APPLY TO THE DEPARTMENT FOR AN
 ORDER DISCONTINUING SUCH DISQUALIFICATION.  THE  APPLICATION  SHALL  SET
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01368-01-5
 A. 745                              2
 
 FORTH  THE  GROUNDS,  INCLUDING  THAT  THE PROVIDER HAS TAKEN SUFFICIENT
 ACTIONS TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED
 IN THE ACTIONS THAT FORMED THE BASIS OF THE VIOLATION, THAT THE PROVIDER
 HAS  TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO ENSURE THAT THE ACTIONS
 THAT FORMED THE BASIS OF THE VIOLATION ARE UNLIKELY TO RECUR,  AND  THAT
 IT WILL NOT BE IN THE PUBLIC INTEREST TO CONTINUE THE DISQUALIFICATION.
   §  3.  Section 131-a of the social services law is amended by adding a
 new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY, A HOMELESS INDIVIDUAL OR FAMILY APPLYING FOR OR RECEIVING
 TEMPORARY HOUSING ASSISTANCE SHALL NOT BE REQUIRED TO PAY TO  ANY  LOCAL
 OR  STATE  GOVERNMENT  OR  AGENCY  OR  ANY  PROVIDER,  ROOM AND BOARD OR
 CONTRIBUTE  ANY  EARNED  OR  UNEARNED  INCOME,  AVAILABLE  BENEFITS   OR
 RESOURCES TO ELIMINATE THEIR NEED FOR TEMPORARY HOUSING ASSISTANCE OR AS
 A  CONDITION  TO RECEIVE TEMPORARY HOUSING ASSISTANCE.  FOR THE PURPOSES
 OF THIS SUBDIVISION, TEMPORARY HOUSING ASSISTANCE OR SHORT-TERM  HOUSING
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, A FAMILY SHELTER, AN ADULT FAMILY
 SHELTER, A CLUSTER SITE APARTMENT, A SHELTER FOR ADULTS, A UNITED STATES
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTED TRANSITIONAL  HOUS-
 ING  SHELTER, A PUBLIC HOME, A HOTEL, AN EMERGENCY APARTMENT, A DOMESTIC
 VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, A ROOM AND BOARD
 SHELTER, A SAFE HAVEN SHELTER, A VETERANS SHORT-TERM HOUSING SHELTER,  A
 CRIMINAL  JUSTICE  SHORT-TERM HOUSING SHELTER, OR A SAFE HOUSE FOR REFU-
 GEES, ASYLEES, OR TRAFFICKING VICTIMS OPERATING IN NEW YORK STATE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.