S T A T E   O F   N E W   Y O R K
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                                  4766

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by M. of A. TITUS, COOK, PAULIN, CAHILL, LAVINE, ROBINSON --
  Multi-Sponsored by -- M. of A. V. LOPEZ, PEOPLES-STOKES, PERRY -- read
  once and referred to the Committee on Housing

AN ACT to amend the public housing law, in relation to a rental  housing
  subsidy  program for certain nursing facility transition and diversion
  medicaid waiver participants; 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 public housing law is amended by adding a  new  article
2-B to read as follows:
                                ARTICLE 2-B
                            NURSING FACILITY
             TRANSITION AND DIVERSION RENTAL SUBSIDY PROGRAM
SECTION 26.   LEGISLATIVE FINDINGS.
        26-A. DEFINITIONS.
        26-B. RENTAL HOUSING SUBSIDY PROGRAM.
        26-C. ADMINISTRATIVE PROVISIONS.
  S  26.  LEGISLATIVE  FINDINGS.  THE LEGISLATURE HEREBY FINDS THAT FIVE
THOUSAND PERSONS WITH DISABILITIES WILL BE LEAVING NURSING FACILITIES OR
DIVERTED FROM ENTERING A NURSING FACILITY AT THE ONSET OF THEIR DISABIL-
ITY.   MANY OF THESE INDIVIDUALS WILL  NEED  AFFORDABLE  AND  ACCESSIBLE
HOUSING  WHICH  IS  IN  VERY  SHORT  SUPPLY  IN  NEW YORK STATE. WITHOUT
ADEQUATE INCOME DUE TO THE MONTHLY SSI OR SSDI RATES, THESE  INDIVIDUALS
WILL  NOT  BE ABLE TO FIND ADEQUATE HOUSING TO IMPLEMENT THE PURPOSES OF
THE NURSING FACILITY TRANSITION AND DIVERSION WAIVER. IN ORDER  FOR  THE
WAIVER  TO BE EFFECTIVE AND TO GENERATE SAVINGS OF STATE AND LOCAL MEDI-
CAID DOLLARS ESTIMATED FROM EIGHTY-TWO MILLION DOLLARS  TO  ONE  HUNDRED
SIXTY  MILLION DOLLARS USING A FORMULA ESTABLISHED BY THE NEW YORK STATE
EDUCATION DEPARTMENT, VESID, IT IS ESSENTIAL THAT SOME OF THESE  SAVINGS
BE  RE-INVESTED IN A HOUSING SUBSIDY FOR SUCH WAIVER PARTICIPANTS. WITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01746-01-3
              

A. 4766                             2

OUT SUCH A RE-INVESTMENT NEW YORK STATE WILL NOT REALIZE  THE  POTENTIAL
SAVINGS.
  THEREFORE,  THE  LEGISLATURE DEEMS THIS RENTAL HOUSING SUBSIDY PROGRAM
TO BE IN THE PUBLIC INTEREST.
  S 26-A. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES
OTHERWISE:
  1. "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL.
  3.  "ELIGIBLE  PERSON"  SHALL  MEAN  AN INDIVIDUAL WHO HAS BEEN DEEMED
ELIGIBLE FOR AND ACCEPTED  INTO  THE  NURSING  FACILITY  TRANSITION  AND
DIVERSION  MEDICAID  WAIVER  PROGRAM  PURSUANT  TO  SUBDIVISION SIX-A OF
SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW.
  4. "APPROVED RENTAL HOUSING" SHALL  MEAN  DECENT,  SANITARY  AND  SAFE
HOUSING UNIT WITH REASONABLE ACCESSIBILITY ACCOMMODATIONS FOR THE ELIGI-
BLE APPLICANT.
  S  26-B.  RENTAL HOUSING SUBSIDY PROGRAM. 1. THE DIVISION SHALL ESTAB-
LISH A RENTAL  HOUSING  SUBSIDY  PROGRAM,  MODELED  AFTER  THE  EXISTING
DEPARTMENT OF HEALTH-RUN TRAUMATIC BRAIN INJURY SUBSIDY PROGRAM, SUBJECT
TO  THE  AVAILABILITY  OF  MONEYS,  FOR  ELIGIBLE PERSONS. SUCH ELIGIBLE
PERSONS SHALL RECEIVE RENTAL SUBSIDY PAYMENTS UPON WRITTEN  VERIFICATION
THAT SUCH PERSON, OR HIS OR HER REPRESENTATIVE, HAS ENTERED INTO A VALID
LEASE AGREEMENT FOR APPROVED RENTAL HOUSING IN NEW YORK STATE.
  2.  THE  DIVISION  SHALL CONSIDER THE FINANCIAL STATUS OF SUCH PERSONS
ONLY FOR THE PURPOSE OF DETERMINING THE AMOUNT OF  THE  PAYMENTS  TO  BE
MADE, PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  3. SUCH PAYMENTS SHALL CONTINUE TO BE ISSUED MONTHLY, OR ON SUCH OTHER
PERIODIC  BASIS AS MAY BE PROVIDED IN THE LEASE AGREEMENT, FOR THE DURA-
TION OF SUCH LEASE AGREEMENT, RENEWAL THEREOF, OR  UPON  TERMINATION  OF
SUCH  LEASE  AND  ENTRANCE  INTO  A  NEW LEASE AGREEMENT FOR AN APPROVED
RENTAL HOUSING UNIT. NO PAYMENTS MAY BE MADE PURSUANT TO  THIS  SUBDIVI-
SION  IF  THE  DIVISION DETERMINES THAT THE ELIGIBLE PERSON IS NO LONGER
LEGALLY RESPONSIBLE FOR THE RENTAL AGREEMENT OR LIVING IN  THE  APPROVED
RENTAL HOUSING UNIT.
  4. THE AGREEMENT PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION SHALL
BE  SUBJECT  TO THE APPROVAL OF THE DIVISION UPON THE APPLICATION OF THE
ELIGIBLE PERSON, OR HIS OR HER REPRESENTATIVE; PROVIDED,  HOWEVER,  THAT
IN  ACCORDANCE  WITH  THE  REGULATIONS OF THE DIVISION, THE DIVISION MAY
AUTHORIZE THE COMMISSIONER OF HEALTH TO APPROVE OR DISAPPROVE THE APPLI-
CATION ON BEHALF OF THE DIVISION. IN  EITHER  SITUATION,  THE  AGREEMENT
SHALL BE APPROVED OR DISAPPROVED WITHIN THIRTY DAYS OF RECEIPT.
  5.  THE  AMOUNT  OF  THE MONTHLY PAYMENT MADE PURSUANT TO THIS SECTION
SHALL BE FOUR HUNDRED THIRTY-FIVE  DOLLARS  PER  INDIVIDUAL  AND  ELEVEN
HUNDRED SEVENTY-TWO DOLLARS PER COUPLE ENTERING A LEASE AGREEMENT IN NEW
YORK  CITY,  NASSAU, ROCKLAND, SUFFOLK OR WESTCHESTER COUNTIES; AND FOUR
HUNDRED FIVE DOLLARS PER INDIVIDUAL AND ELEVEN  HUNDRED  TWELVE  DOLLARS
PER  COUPLE  ENTERING  A LEASE AGREEMENT IN ANY OTHER COUNTY IN NEW YORK
STATE. PERIODIC INCREASES IN SUCH PAYMENT LEVELS, SUBJECT TO AVAILABILI-
TY OF MONEYS, SHALL MIRROR THE PERCENTAGE  INCREASES  IN  STATE  SUPPLE-
MENTAL  SECURITY INCOME BENEFIT RATES AS PROVIDED IN SECTION TWO HUNDRED
TEN OF THE SOCIAL SERVICES LAW.
  6. EXCEPT AS MAY BE REQUIRED BY FEDERAL LAW AS A CONDITION FOR FEDERAL
REIMBURSEMENT OF PUBLIC ASSISTANCE  EXPENDITURES,  PAYMENTS  UNDER  THIS

A. 4766                             3

SECTION SHALL NOT BE CONSIDERED FOR THE PURPOSE OF DETERMINING ELIGIBIL-
ITY FOR PUBLIC ASSISTANCE OR MEDICAL ASSISTANCE FOR NEEDY PERSONS.
  S 26-C.  ADMINISTRATIVE PROVISIONS. 1. THE COMMISSIONER SHALL PROVIDE,
BY  REGULATIONS,  FOR THE ADMINISTRATION OF THE PROVISIONS OF THIS ARTI-
CLE.   SUCH REGULATIONS SHALL INCLUDE,  BUT  NEED  NOT  BE  LIMITED  TO,
PROVISIONS  FOR OVERSIGHT OF THE PROGRAM IN A MANNER CONSISTENT WITH THE
INTENT OF THIS ARTICLE.
  2. RENTAL ASSISTANCE PAYMENTS PURSUANT TO THIS ARTICLE MAY BE  PLEDGED
BY  THE  SPONSOR  IN  CONNECTION  WITH THE FINANCING OR REFINANCING OF A
PROJECT, SUBJECT TO ANY CONDITIONS PRESCRIBED IN THE HOUSING  ASSISTANCE
CONTRACT, BUT NO SUCH PLEDGE SHALL CREATE ANY OBLIGATION OR LIABILITY ON
THE  PART  OF  THE  STATE OR ANY AGENCY OR INSTRUMENTALITY THEREOF OTHER
THAN THAT PRESCRIBED IN THE CONTRACT.
  3. NOTHING IN THIS ARTICLE SHALL  PREVENT  THE  ELIGIBLE  PERSON  FROM
SEEKING  OR  ACCEPTING ANY OTHER FORM OF GOVERNMENTAL SUBSIDY OR ASSIST-
ANCE.
  4. THE COMMISSIONER SHALL REQUIRE THAT ALL PERSONS WHO RECEIVE  FINAN-
CIAL  ASSISTANCE  PURSUANT  TO  THIS ARTICLE SHALL COMPLY WITH ALL REGU-
LATIONS APPLICABLE TO THE PROGRAM ADOPTED BY THE DIVISION.  THE  COMMIS-
SIONER  MAY  TERMINATE  ANY  PAYMENTS  UPON A FINDING THAT A SUBSTANTIAL
VIOLATION OF SUCH REGULATIONS OR LAWS HAS  REMAINED  UNCORRECTED  FOR  A
SUBSTANTIAL PERIOD OF TIME.
  5.  ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FIFTEEN AND ON OR BEFORE
FEBRUARY FIRST OF EACH YEAR THEREAFTER  IN  WHICH  PAYMENTS  UNDER  THIS
SECTION ARE IN FORCE, THE COMMISSIONER SHALL SUBMIT TO THE GOVERNOR, THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
PROGRAM.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire 3 years after such effective
date  when  upon  such  date  the provisions of this act shall be deemed
repealed.