STATE OF NEW YORK ________________________________________________________________________ 5722 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. DAVILA -- Multi-Sponsored by -- M. of A. BRABE- NEC, DiPIETRO, FITZPATRICK, FRIEND, MANKTELOW, McDONOUGH, TAGUE, WALSH -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to home stability support programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 131-cc to read as follows: 3 § 131-cc. Home stability support program. 1. (a) Notwithstanding any 4 other provision of law to the contrary, each local social services 5 district shall provide a shelter supplement to eligible individuals and 6 families to prevent eviction and address homelessness in accordance with 7 this section. 8 (b) For the purposes of this section: 9 (i) "homeless" shall mean the lack of a fixed, regular, and adequate 10 nighttime residence; having a primary nighttime residence that is a 11 public or private place not designed for or ordinarily used as a regular 12 sleeping accommodation for human beings, including a car, park, aban- 13 doned building, bus or train station, airport or campground or other 14 places not meant for human habitation; living in a supervised publicly 15 or privately operated shelter designated to provide temporary living 16 arrangements (including hotels and motels paid for by federal, state or 17 local government programs for low-income individuals or by charitable 18 organizations, congregate shelters, or transitional housing); exiting an 19 institution where they resided and will lack a regular fixed and 20 adequate nighttime residence upon release or discharge; or are an unac- 21 companied youth and homeless family with children and youth defined as 22 homeless under either this paragraph or federal statute who have experi- 23 enced a long-term period without living independently in permanent hous- 24 ing; have experienced persistent instability as measured by frequent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01382-01-3A. 5722 2 1 moves; and can be expected to continue in such status for an extended 2 period of time because of chronic disabilities, chronic physical health 3 or mental health conditions, substance addiction, histories of domestic 4 violence or childhood abuse, the presence of a child or youth with a 5 disability, or multiple barriers to employment, or other dangerous or 6 life-threatening conditions, including conditions that relate to 7 violence against an individual or a family member; and 8 (ii) "imminent loss of housing" shall mean having received a verified 9 rent demand or a petition for eviction; having received a court order 10 resulting from an eviction action that notifies the individual or family 11 that they must leave their housing; facing loss of housing due to 12 hazardous conditions, including but not limited to asbestos, lead expo- 13 sure, mold, and radon; having a primary nighttime residence that is a 14 room in a hotel or motel and lack the resources necessary to stay; 15 facing loss of the primary nighttime residence, which may include living 16 in the home of another household, where the owner or renter of the hous- 17 ing will not allow the individual or family to stay, provided further, 18 that an assertion from an individual or family member alleging such loss 19 of housing or homelessness shall be sufficient to establish eligibility; 20 or, fleeing, or attempting to flee, domestic violence, dating violence, 21 sexual assault, stalking, human trafficking or other dangerous or life- 22 threatening conditions that relate to violence against the individual or 23 a family member, provided further that an assertion from an individual 24 or family member alleging such abuse and loss of housing shall be suffi- 25 cient to establish eligibility. 26 2. (a) Each local social services district shall provide a shelter 27 supplement to eligible individuals and families as defined in subdivi- 28 sion three of this section in an amount equal to eighty-five percent of 29 the fair market rent in the district, as established by the federal 30 department of housing and urban development, for the particular unit 31 size. The shelter supplement shall be issued by the local social 32 services district directly to the landlord or vendor. 33 (b) A local social services district may also provide an additional 34 supplement in excess of eighty-five percent of the fair market rent, up 35 to one hundred percent of the fair market rent in the district, as 36 established by the federal department of housing and urban development. 37 Provided, however, the cost of the additional supplement shall be paid 38 by the local social services district. 39 (c) As part of the supplement referenced in this subdivision, when an 40 eligible recipient, as defined in subdivision three of this section, 41 incurs separate fuel for heating expenses, the local social services 42 district shall provide additional funds to cover such expenses, in 43 excess of the amount already required for shelter costs pursuant to 44 paragraph (a) of this subdivision. Such heating allowance shall be 45 equivalent to the full amount of fuel for heating expenses, and shall be 46 made directly to the vendor on behalf of the recipient. Any expenses 47 incurred by the local social services district that are (i) in excess of 48 a recipient's fuel for heating allowance authorized pursuant to para- 49 graph (b) of subdivision two of section one hundred thirty-one-a of this 50 title; (ii) made pursuant to section ninety-seven of this chapter; or 51 (iii) to cover any arrears payments made to restore heating services or 52 to prevent a shut-off, shall not be recoupable. 53 (d) Individuals not in receipt of public assistance, residing in a 54 household that is benefiting from a shelter supplement under this 55 section shall be required to contribute thirty percent of their gross 56 income, or their pro rata share of the rent, whichever is less. MinorA. 5722 3 1 children without income shall not be counted in the pro rata share 2 equation. In addition, the income of minor children shall not be consid- 3 ered part of the gross income. 4 (e) Any supplement or allowance provided under this section shall not 5 be considered to be part of the standard of need. 6 (f) In the event that the local social services district determines 7 that payment of rental arrears would prevent homelessness and subse- 8 quently pays such arrears, such payments shall not be recoupable. 9 3. (a) For the period beginning October first, two thousand twenty- 10 four until September thirtieth, two thousand twenty-five, individuals, 11 or families, who are eligible for public assistance, are either homeless 12 or face an imminent loss of housing, and are not currently receiving 13 another shelter supplement shall be eligible for the shelter supplement 14 provided under this section. 15 (b) On and after October first, two thousand twenty-five, individuals 16 or families who are eligible for public assistance and are (i) homeless 17 or face an imminent loss of housing, and are not currently receiving 18 another shelter supplement; or (ii) currently in receipt of a shelter 19 supplement, other than a supplement required by this section, that is 20 being transferred to the home stability support program pursuant to 21 subdivision eight of this section, shall be eligible for the shelter 22 supplement provided under this section. 23 4. (a) Local social services districts shall provide the shelter 24 supplement required under this section for up to five years, provided 25 such individuals or families are otherwise eligible for public assist- 26 ance. A shelter supplement may be provided for an additional length of 27 time for good cause. 28 (b) If an individual or family receiving the shelter supplement is no 29 longer eligible for public assistance, the local social services 30 district shall continue to provide the shelter supplement, and if appro- 31 priate heating allowance, for one year from the date of such determi- 32 nation, so long as their income does not exceed two hundred percent of 33 the federal poverty level. 34 5. The shelter supplement and heating allowance shall not be affected 35 by a recipient's sanction status. 36 6. (a) The commissioner shall contract with not-for-profit agencies, 37 that have experience providing support services to the homeless and 38 at-risk of homelessness populations, for the purpose of providing home 39 stability support services. Such services shall assist eligible recipi- 40 ents, as defined in subdivision three of this section, in avoiding home- 41 lessness and achieving long-term housing stability. Such services shall 42 include, but not be limited to: 43 (i) services to resolve conflicts between landlords and tenants and to 44 facilitate fair and workable solutions; 45 (ii) referrals to legal services to households threatened with the 46 loss of their homes through eviction, harassment or other means; 47 (iii) benefit/entitlement advocacy to ensure that households are 48 receiving all federal, state and local benefits to which they are enti- 49 tled, such as temporary assistance to needy families, safety net assist- 50 ance, supplemental nutrition assistance program, supplemental security 51 income, rent security deposits, furniture and household moving expenses, 52 medical assistance; and 53 (iv) relocation assistance which provides for the identification of 54 and referral to permanent and habitable housing, transportation 55 services, landlord/tenant lease negotiation services and assistance in 56 establishing utility services.A. 5722 4 1 (b) The commissioner shall issue a request-for-proposal for home 2 stability support services. The request-for-proposal shall include: 3 (i) a description of the home stability support services to be 4 provided, including procedures for intake, referral, outreach, the 5 provision of services, follow-up and anticipated outcomes; 6 (ii) a description of the manner in which coordination with other 7 federal, state, local and privately funded services will be achieved; 8 and 9 (iii) a description of how the services will be designed to assist 10 households to achieve housing stability. 11 (c) Prior to entering into a contract pursuant to this subdivision, 12 the commissioner shall determine that the eligible applicant is a bona 13 fide organization which shall have demonstrated by its past and current 14 activities that it has the ability to provide such services, that the 15 organization is financially responsible and that the proposal is appro- 16 priate for the needs of households to be served. 17 7. The home stability support program shall provide for up to a total 18 of fourteen thousand new shelter supplements a year statewide, and funds 19 shall be distributed to each local social services district based on 20 their pro rata share of households below the federal poverty level in 21 the state, using the most recent United States census data as of April 22 first, two thousand twenty-three, and annually thereafter. 23 8. If local social services districts offer a shelter supplement not 24 required by this section, such districts may utilize supplements avail- 25 able under this section on or after October first, two thousand twenty- 26 five, to transfer eligible recipients as defined in subparagraph (ii) of 27 paragraph (b) of subdivision three of this section into the home stabil- 28 ity support program. Provided, however, a district shall not allocate 29 one hundred percent of their shelter supplements provided under this 30 section to existing supplement recipients, unless there is no current or 31 unmet need for supplements as defined in subparagraph (i) of paragraph 32 (b) of subdivision three of this section in such district. 33 9. The commissioner shall issue a report on the home stability support 34 program to the governor, the speaker of the assembly, the temporary 35 president of the senate, the chairs of the senate and assembly social 36 services committees, and the chairs of the assembly ways and means 37 committee and the senate finance committee on or before October first of 38 each year, starting October first, two thousand twenty-six, regarding 39 the effectiveness of the program, based on the information provided from 40 the local social services districts. Each local district, upon the 41 request of the office, shall provide the office the necessary data for 42 the completion of the report. Each report shall include the following 43 information for each district: 44 (a) the number of individuals participating in the program; 45 (b) factors contributing to households experiencing housing issues, 46 including, but not limited to, health and safety and budgeting 47 constraints; 48 (c) total funding utilized; 49 (d) estimated avoided costs in temporary shelter; and 50 (e) any other information or available data that the commissioner 51 deems relevant and necessary for comprehensive evaluation of the current 52 need of entitlements for public assistance recipients. 53 § 2. Section 153 of the social services law is amended by adding a new 54 subdivision 13 to read as follows: 55 13. Notwithstanding any other provision of law to the contrary, one 56 hundred percent of costs for shelter supplements including costs forA. 5722 5 1 heating expenses, and home stability support services required by 2 section one hundred thirty-one-cc of this article shall be subject to 3 reimbursement by the state, as follows: 4 (a) by federal funds that can be properly applied to such expendi- 5 tures; and 6 (b) the remainder to be paid by state funds. 7 § 3. This act shall take effect on April 1, 2024.