Bill Text: NY A09337 | 2021-2022 | General Assembly | Introduced

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Bill Title: Reduces the amount of time funds approved for rental assistance shall be available if payment cannot be made directly to such landlord or owner from 180 to 90 days; reduces the amount of time a landlord or owner has to provide necessary information or documentation to receive COVID-19 rental assistance payments from 180 to 90 days.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-04-28 - advanced to third reading cal.563 [A09337 Detail]

Download: New_York-2021-A09337-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9337

                   IN ASSEMBLY

                                    February 23, 2022
                                       ___________

        Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
          Committee on Housing

        AN ACT to amend chapter  56  of  the  laws  of  2021,  establishing  the
          "COVID-19 Emergency Rental Assistance Program of 2021", in relation to
          COVID-19 emergency rental assistance payments

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 2 of section 9 of subpart A of
     2  part BB of chapter 56 of the laws of 2021,  establishing  the  "COVID-19
     3  Emergency  Rental  Assistance  Program  of  2021", is amended to read as
     4  follows:
     5    (c) If a payment cannot be made directly to a landlord or owner  after
     6  the  outreach  efforts  described  in paragraph (b) of this subdivision,
     7  funds in the amount approved  for  rental  assistance  to  an  otherwise
     8  eligible  applicant  shall  be  available for a period of [180] 90 days;
     9  extension may be provided upon determination by the commissioner of good
    10  cause. When possible, both landlord or owner and tenant shall  be  noti-
    11  fied of the provisional determination of eligibility and the landlord or
    12  owner  shall have a final opportunity to participate. If the landlord or
    13  owner does not provide necessary information or documentation to  effec-
    14  tuate  payment  as  directed  before [180] 90 days, the commissioner may
    15  reallocate the set aside funds to serve other rental assistance  program
    16  applicants.  The  tenant  may  use  such provisional determination as an
    17  affirmative defense in any proceeding seeking  a  monetary  judgment  or
    18  eviction  brought  by  a  landlord  for  the non-payment of rent accrued
    19  during the same time period covered by the  provisional  payment  for  a
    20  period  of twelve months from the determination of provisional eligibil-
    21  ity. If the landlord has not accepted such  provisional  payment  within
    22  twelve  months of the determination the landlord shall be deemed to have
    23  waived the amount of rent covered by such provisional payment, and shall
    24  be prevented  from  initiating  a  monetary  action  or  proceeding,  or
    25  collecting  a  judgment premised on the nonpayment of the amount of rent
    26  covered by such provisional payment.
    27    § 2. This act shall take effect on the fifteenth day  after  it  shall
    28  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14647-03-2