S T A T E O F N E W Y O R K
________________________________________________________________________
4914
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
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Introduced by M. of A. WRIGHT, GLICK, JEFFRIES, ORTIZ, TOWNS, O'DONNELL,
CAMARA -- Multi-Sponsored by -- M. of A. BRENNAN, COOK, KELLNER,
PEOPLES-STOKES, PRETLOW -- read once and referred to the Committee on
Social Services
AN ACT to amend the social services law, in relation to establishing the
savings plan demonstration project; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
36-d to read as follows:
S 36-D. SAVINGS PLAN DEMONSTRATION PROJECT. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, IN ANY SOCIAL SERVICES DISTRICT
WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE SOCIAL
SERVICES DISTRICT SHALL CONDUCT A DEMONSTRATION PROJECT AS SET FORTH IN
THIS SECTION, AND SHALL EVALUATE AND REPORT ON SUCH PROJECT, PURSUANT TO
A PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND
THE DIVISION OF BUDGET PRIOR TO THE IMPLEMENTATION OF THE PROJECT.
2. SUCH SOCIAL SERVICES DISTRICT, IN LIEU OF APPLYING THAT PORTION OF
A TEMPORARY HOUSING ASSISTANCE RECIPIENT'S EARNED INCOME THAT, BUT FOR
THE OTHER PROVISIONS OF THIS CHAPTER, WOULD BE APPLIED TO REDUCE THE
NEED FOR THE SHELTER COMPONENT OF TEMPORARY HOUSING ASSISTANCE PROVIDED
IN A TEMPORARY EMERGENCY SHELTER, SHALL DIRECT SUCH A RECIPIENT TO
PARTICIPATE IN A SAVINGS PLAN WITH SUCH FUNDS AND, AS LONG AS SUCH FUNDS
ARE NOT WITHDRAWN, THEY SHALL NOT BE APPLIED TO REDUCE THE NEED FOR THE
SHELTER COMPONENT OF THE TEMPORARY HOUSING ASSISTANCE GRANTED FOR THE
DURATION OF HIS OR HER RESIDENCE IN TEMPORARY EMERGENCY SHELTERS;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY
TO A PERSON RECEIVING TEMPORARY HOUSING ASSISTANCE IN A SHELTER OR OTHER
FACILITY FUNDED AND OVERSEEN BY THE NEW YORK CITY DEPARTMENT OF HOMELESS
SERVICES OR THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06243-01-1
A. 4914 2
DEVELOPMENT. FAILURE BY A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE TO
CONTRIBUTE TO SUCH A SAVINGS PLAN SHALL NOT IN ITSELF RESULT IN THE
DISCONTINUANCE OF TEMPORARY HOUSING ASSISTANCE, UNLESS THE RECIPIENT
SEPARATELY FAILS TO COMPLY WITH CONDITIONS OF ELIGIBILITY THAT COULD
RESULT IN THE DISCONTINUANCE OF TEMPORARY HOUSING ASSISTANCE.
3. IN SUCH SOCIAL SERVICES DISTRICT, ANY SUCH FUNDS COLLECTED FROM THE
EARNED INCOME OF A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE WHILE HE OR
SHE IS RESIDING IN A TEMPORARY EMERGENCY SHELTER SHALL BE DEPOSITED IN A
SAVINGS PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE AND THE DIVISION OF BUDGET; SHALL BE PAYABLE TO THE RECIPIENT FOR
THE RECIPIENT'S USE TO FACILITATE HIS OR HER TRANSITION TO, OR STABILIZE
HIS OR HER RESIDENCE IN, PERMANENT HOUSING UPON HIS OR HER DISCHARGE
FROM A SHELTER OR UPON VERIFICATION OF SUCH RECIPIENT'S DATE OF
DISCHARGE FROM A SHELTER; AND SHALL BE CONSIDERED EXEMPT AS INCOME OR A
RESOURCE UNTIL THE TWELFTH MONTH FOLLOWING THE MONTH IN WHICH THE RECIP-
IENT CEASES RECEIVING TEMPORARY HOUSING ASSISTANCE IN A TEMPORARY EMER-
GENCY SHELTER. FUNDS COLLECTED IN SUCH SAVINGS PLANS SHALL BE POOLED,
TRACKED INDIVIDUALLY, AND MAINTAINED IN A SAVINGS OR MONEY-MARKET
ACCOUNT AT INTEREST RATES SET BY THE INSTITUTION WITH WHICH SUCH FUNDS
ARE DEPOSITED. ANY SAVINGS AND INTEREST ACCRUED IN SUCH ACCOUNT OR
ACCOUNTS SHALL BE DISTRIBUTED TO A TEMPORARY HOUSING ASSISTANCE RECIPI-
ENT UPON HIS OR HER DISCHARGE FROM A TEMPORARY EMERGENCY SHELTER OR UPON
VERIFICATION OF SUCH RECIPIENT'S DATE OF DISCHARGE FROM A SHELTER, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
4. SUCH SOCIAL SERVICES DISTRICT SHALL BE DEEMED IN COMPLIANCE WITH
SECTION ONE HUNDRED THIRTY-ONE-A OF THIS CHAPTER FOR REIMBURSEMENT OF
EXPENDITURES MADE FOR TEMPORARY HOUSING ASSISTANCE, PROVIDED THE
DISTRICT IS CONDUCTING THE PROJECT FULLY IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. UNEARNED INCOME OF A RECIPIENT OF TEMPORARY
HOUSING ASSISTANCE IN SUCH SOCIAL SERVICES DISTRICT SHALL NOT BE APPLIED
TO THE SAVINGS PLAN, AND SHALL NOT BE REQUIRED TO BE APPLIED TO THAT
PORTION OF THE SHELTER COSTS NOT PAID FOR WITH PUBLIC ASSISTANCE.
TEMPORARY HOUSING ASSISTANCE RECIPIENTS SHALL NOT BE REQUIRED TO
CONTRIBUTE TO THE COST OF SUCH SHELTER, AS PROVIDED FOR IN THIS SECTION.
SUCH PROJECT SHALL NOT BE IMPLEMENTED SO AS TO COMPROMISE THE FEDERAL
BENEFITS OF A RECIPIENT OR ANY OF HIS OR HER HOUSEHOLD MEMBERS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided, however, that:
a. if the office of temporary and disability assistance and the divi-
sion of budget approve a demonstration project provided for in this act
prior to the one hundred eightieth day, this act shall take effect on
the date of such approval except that the office of temporary and disa-
bility assistance shall be authorized immediately to promulgate any rule
or regulation necessary for the implementation of this act;
b. the office of temporary and disability assistance and the division
of budget shall notify the legislative bill drafting commission upon the
occurrence of the approval of the demonstration project provided for in
this act in order that the commission may maintain an accurate and time-
ly effective data base of the official text of the laws of the state of
New York in furtherance of effectuating the provisions of section 44 of
the legislative law and section 70-b of the public officers law; and
c. this act shall expire and be deemed repealed March 31, 2018.