S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    72
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES,  HARCKHAM,  HINCHEY,
   HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  LIU,  MAY,  MAYER,  MYRIE, PARKER,
   PERSAUD, RAMOS, RIVERA, RYAN S, SALAZAR,  SANDERS,  SCARCELLA-SPANTON,
   SEPULVEDA,  SERRANO, SKOUFIS, STAVISKY, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development
 
 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.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING  OF  UNITS  OWNED BY A HOUSING ACCESS VOUCHER LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00017-01-5
 S. 72                               2

         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
 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
 S. 72                               3
 
 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.
   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.
 S. 72                               4
 
   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
 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-
 S. 72                               5
 
 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.
   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.
 S. 72                               6
 
   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
 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
 S. 72                               7
 
 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
 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
 S. 72                               8
 
 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-
 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
 S. 72                               9
 
 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
 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.
 S. 72                              10
 
   § 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.