NY State Senate Bill 2025-S3222

Senate Bill S3222

2025-2026 Legislative Session

Diminishes certain limitations and restrictions on emergency assistance to pay rent arrears and removes the requirement that such assistance be repaid by the recipient

download bill text pdf

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
Jan 24, 2025	referred to social services

2025-S3222 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§131, 131-w & 350-j, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S8652

2025-S3222 (ACTIVE) - Summary

Diminishes certain limitations and restrictions on emergency assistance to pay rent arrears; removes the requirement that such assistance be repaid by the recipient.

2025-S3222 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3222

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the social services law, in relation to diminishing
certain limitations and restrictions on emergency assistance to pay rent
arrears and removing the requirement that such assistance be repaid  by
the recipient

 
PURPOSE OR GENERAL IDEA 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.

 
PRIOR LEGISLATIVE HISTORY:

2024: S8652 (Kavanagh) - REFERRED TO SOCIAL SERVICES

 
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.

2025-S3222 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3222
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 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  diminishing
   certain  limitations  and  restrictions on emergency assistance to pay
   rent arrears and removing the  requirement  that  such  assistance  be
   repaid  by the recipient
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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] TWO hundred [twenty-five]  percent  of  the
 federal income official 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].  LOCAL SOCIAL SERVICES  DISTRICTS  SHALL  NOT
 REQUIRE  AN  APPLICANT  FOR  EMERGENCY ASSISTANCE TO PAY RENT ARREARS TO
 DEMONSTRATE AN ABILITY TO PAY SHELTER EXPENSES, INCLUDING ANY AMOUNTS IN
 EXCESS OF THE APPROPRIATE LOCAL AGENCY MAXIMUM  MONTHLY  SHELTER  ALLOW-
 ANCE,  IN THE FUTURE.  LOCAL SOCIAL SERVICES DISTRICTS SHALL NOT REQUIRE
 A RECIPIENT TO REPAY EMERGENCY ASSISTANCE PROVIDED TO PAY RENT  ARREARS.
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06980-01-5

 S. 3222                             2
 
 ance is provided only in  emergency  circumstances;  PROVIDED,  HOWEVER,
 PROOF THAT A COURT PROCEEDING THAT HAS BEEN INITIATED AGAINST THE APPLI-
 CANT  OR  RECIPIENT SHALL NOT BE REQUIRED TO ESTABLISH EMERGENCY CIRCUM-
 STANCES  SUFFICIENT  FOR  THE PROVISION OF EMERGENCY ASSISTANCE TO COVER
 RENT ARREARS.
   § 2. Section 131 of the social services law is amended by adding a new
 subdivision 21 to read as follows:
   21. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY EMERGENCY ASSISTANCE TO PAY RENT ARREARS MAY BE PROVIDED FOR A PERI-
 OD 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.    A  RECIPIENT  OF  EMERGENCY
 ASSISTANCE  FOR PAYMENT OF RENT ARREARS SHALL NOT BE ELIGIBLE FOR SUBSE-
 QUENT EMERGENCY ASSISTANCE TO PAY RENT ARREARS FOR A PERIOD OF AT  LEAST
 TWENTY-FOUR  MONTHS UNLESS THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES
 AT ITS DISCRETION THAT ADDITIONAL RENT ARREARS  PAYMENTS  ARE  NECESSARY
 BASED ON THE INDIVIDUAL CASE CIRCUMSTANCES.
   §  3.  Subdivision  3  of section 350-j of the social services law, as
 amended by section 38 of part B of chapter 436 of the laws of  1997,  is
 amended to read as follows:
   3.    Emergency  assistance  to  needy families with children shall be
 provided to the extent of items  of  need  and  services  set  forth  in
 sections  one  hundred  thirty-one  and one hundred thirty-one-a of this
 [chapter] ARTICLE, and items of medical services set  forth  in  section
 three hundred sixty-five-a of this [chapter] ARTICLE, and in amounts set
 forth  in the regulations of the department for children who are without
 available resources, and when such  assistance  is  necessary  to  avoid
 destitution  or  to  provide  them with living arrangements in a home TO
 PREVENT LOSS OF LIVING ARRANGEMENTS RESULTING FROM  THE  NON-PAYMENT  OF
 RENT, and such destitution or such need did not arise because such chil-
 dren  or  relatives  refused  without good cause to accept employment or
 training for employment; provided, however, that no assistance shall  be
 provided  which  would  duplicate  assistance under sections one hundred
 thirty-one and one hundred thirty-one-a of  this  article  for  which  a
 person is eligible or would be eligible but for a sanction for violation
 of  the requirements of title nine-B of THIS article [five of this chap-
 ter] or other requirement  of  state  law  and  provided  further  that,
 notwithstanding  any  inconsistent  provision of this section or section
 one hundred thirty-one-a of this article, persons  for  whom  preventive
 services  are  being  provided  under  title four of article six of this
 chapter or who are living in foster care or  in  public,  congregate  or
 group facilities, such as residential facilities for victims of domestic
 violence,  may, pursuant to regulations of the department within amounts
 specifically appropriated therefor and subject  to the terms and  condi-
 tions  of  such  appropriation,  receive  assistance  hereunder on their
 behalf for such services or for  care  in  such  facilities  in  amounts
 exceeding  those  set  forth in section one hundred thirty-one-a of this
 article.
   § 4. 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.
   § 5. This act shall take effect immediately.

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