The New York State Senate

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

                                  10248

                          I N  A S S E M B L Y

                              April 8, 2020
                               ___________

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

AN ACT to amend the public housing law, in relation  to  establishing  a
  COVID-19 emergency rental assistance 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 to read as follows:
                               ARTICLE XIV
              COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM
SECTION 600. LEGISLATIVE FINDINGS.
        601. DEFINITIONS.
        602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL ASSISTANCE.
        603. ELIGIBILITY.
        604. PAYMENT OF EMERGENCY VOUCHERS.
        605. RENTAL OBLIGATION.
        606. ASSISTANCE PAYMENT.
        607. VERIFICATION OF INCOME AND ASSETS.
        608. DIVISION OF A RECIPIENT FAMILY.
        609. FAIR HOUSING OBLIGATIONS.
  §  600.  LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST AND AN OBLIGATION OF GOVERNMENT TO ENSURE THAT  INDIVID-
UALS  AND  FAMILIES  ARE  NOT  RENDERED HOMELESS OR SEVERELY FINANCIALLY
BURDENED BECAUSE OF AN INABILITY TO PAY THE COST OF  HOUSING  AND  OTHER
NECESSITIES  DUE TO LOSS OF INCOME RELATED TO THE WIDESPREAD OUTBREAK OF
THE CORONAVIRUS COMMONLY KNOWN  AS  COVID-19.  THE  LEGISLATURE  FURTHER
FINDS  THAT  PROVIDING  FUNDING FOR INDIVIDUALS AND FAMILIES TO PAY RENT
THAT THEY WOULD  OTHERWISE  HAVE  DIFFICULTY  PAYING  WILL  PROMOTE  THE
STABILITY  AND PROPER MAINTENANCE OF THE HOUSING STOCK AND ASSIST COMMU-
NITIES IN RECOVERING FROM THE ADVERSE SOCIAL AND ECONOMIC EFFECTS OF THE
COVID-19 OUTBREAK.
  § 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16080-04-0

A. 10248                            2

  1. "ADJUSTED INCOME" SHALL MEAN INCOME MINUS ANY DEDUCTIONS  ALLOWABLE
BY  THE  RULES PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
MANDATORY ANNUAL DEDUCTIONS SHALL INCLUDE:
  (A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT;
  (B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY
MEMBER WITH A DISABILITY;
  (C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF
THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION;
  (D)  THE  SUM  TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY
FAMILY MEMBER AND/OR FAMILY MEMBER WITH A DISABILITY  PLUS  UNREIMBURSED
ATTENDANT  CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF THE
FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI-
LY. INCLUDING THE MEMBER WHO IS  A  PERSON  WITH  A  DISABILITY,  TO  BE
EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME; AND
  (E)  CHILD  SUPPORT  PAYMENTS  PAID BY THE INDIVIDUAL OR MEMBER OF THE
FAMILY.
  2. "CHILD CARE EXPENSES" SHALL MEAN EXPENSES RELATED TO  THE  CARE  OF
CHILDREN UNDER THE AGE OF THIRTEEN.
  3.  "DEPENDENT" SHALL MEAN ANY MEMBER OF THE FAMILY WHO IS NEITHER THE
HEAD OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE,  AND  WHO  IS
UNDER  THE  AGE  OF EIGHTEEN, A PERSON WITH A DISABILITY, OR A FULL-TIME
STUDENT.
  4. "DISABILITY" SHALL MEAN:
  (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;
  (G) ECONOMIC SELF-SUFFICIENCY; AND
  (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND  SEQUENCE  OF
SPECIAL,   INTERDISCIPLINARY,   OR   GENERIC   SERVICES,  INDIVIDUALIZED

A. 10248                            3

SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR  EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
  5.  "DWELLING  UNIT"  SHALL  MEAN  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 RESI-
DENTIAL 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 RESI-
DENCE OF ONE OR MORE PERSONS.
  6. "ELDERLY" SHALL MEAN SIXTY-TWO YEARS OF AGE OR OLDER.
  7. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH  RENTAL
AREA  AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
ANT TO 42 USC 1437F.
  8. (A) "FAMILY" SHALL MEAN A GROUP  OF  PERSONS  LIVING  IN  THE  SAME
HOUSEHOLD WHO:
  (I)  ARE  RELATED BY BIRTH, MARRIAGE OR ADOPTION. THIS 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), AN ELDERLY  FAMILY,  A  NEAR-ELDERLY
FAMILY,  A  DISABLED FAMILY, A DISPLACED FAMILY, OR THE REMAINING MEMBER
OF A TENANT FAMILY; OR
  (II) ARE TWO OR  MORE  INDIVIDUALS  WHO  ARE  NOT  RELATED  BY  BLOOD,
MARRIAGE,  ADOPTION,  OR OTHER OPERATION OF LAW, BUT WHO CAN DEMONSTRATE
THAT THEY HAVE LIVED TOGETHER PREVIOUSLY AND CERTIFY THAT EACH  INDIVID-
UAL'S  INCOME AND OTHER RESOURCES WILL BE AVAILABLE TO MEET THE NEEDS OF
THE FAMILY.
  (B) EACH FAMILY SHALL IDENTIFY THE INDIVIDUALS TO BE INCLUDED  IN  THE
FAMILY  AT THE TIME OF APPLICATION, AND SHALL UPDATE THIS INFORMATION IF
THE FAMILY'S COMPOSITION CHANGES.
  (C) THE COMMISSIONER SHALL HAVE THE DISCRETION  TO  DETERMINE  IF  ANY
OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
  9.  "INCOME"  SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE
HOUSEHOLD, INCLUDING  ALL  WAGES,  TIPS,  OVER-TIME,  SALARY,  RECURRING
GIFTS,  RETURNS  ON  INVESTMENTS,  WELFARE  ASSISTANCE,  SOCIAL SECURITY
PAYMENTS, CHILD SUPPORT PAYMENTS, UNEMPLOYMENT BENEFITS, AND  ANY  OTHER
GOVERNMENT  BENEFIT  OR CASH GRANT. THE TERM "INCOME" SHALL NOT INCLUDE:
EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE,  EMPLOYMENT
INCOME  FROM  CHILDREN  EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME
STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS,  GROCERIES  PROVIDED  BY
PERSONS  NOT  LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM (SNAP) (FOOD STAMP) BENEFITS, EARNED INCOME DISREGARD (EID),  OR
THE EARNED INCOME TAX CREDIT.
  10. "INDIVIDUAL" SHALL MEAN A SINGLE PERSON.
  11.  "MANUFACTURED HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED
BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
  12. "OWNER" SHALL MEAN ANY PRIVATE PERSON OR ANY ENTITY,  INCLUDING  A
COOPERATIVE,  AN  AGENCY  OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING
AGENCY, HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
  13. "PUBLIC HOUSING AGENCY" SHALL MEAN ANY  COUNTY,  MUNICIPALITY,  OR
OTHER  GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINIS-
TER ANY PUBLIC HOUSING PROGRAM, OR AN AGENCY OR INSTRUMENTALITY OF  SUCH
AN ENTITY, AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMIN-
ISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
  14.  "VOUCHER"  SHALL MEAN A DOCUMENT ISSUED BY THE HOUSING TRUST FUND
CORPORATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED
FOR ADMISSION TO THIS PROGRAM,  WHICH  DESCRIBES  THE  PROGRAM  AND  THE

A. 10248                            4

PROCEDURES FOR APPROVAL OF RENTAL ASSISTANCE FOR THE INDIVIDUAL OR FAMI-
LY  AND  STATES  THE  OBLIGATIONS  OF THE INDIVIDUAL OR FAMILY UNDER THE
PROGRAM.
  § 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL ASSISTANCE. THE COMMIS-
SIONER, AS SOON AS PRACTICABLE AND SUBJECT TO THE APPROPRIATION OF FUNDS
FOR  THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF RENTAL ASSISTANCE IN THE
FORM OF EMERGENCY VOUCHERS FOR THOSE ELIGIBLE PURSUANT  TO  SECTION  SIX
HUNDRED  THREE 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 ARTICLE. THE COMMISSIONER MAY
DELEGATE ADMINISTRATION OF A PORTION OF THIS PROGRAM TO  THE  DEPARTMENT
OF  LABOR FOR THOSE APPLYING FOR OR RECEIVING UNEMPLOYMENT BENEFITS. THE
COMMISSIONER MAY ALSO DELEGATE THE ADMINISTRATION OF  PORTIONS  OF  THIS
PROGRAM  TO  ANY COUNTY, CITY, TOWN, OR PUBLIC HOUSING AGENCY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE.
  § 603. ELIGIBILITY. THE COMMISSIONER SHALL  PROMULGATE  STANDARDS  FOR
DETERMINING ELIGIBILITY FOR THIS PROGRAM.
  1.  AN  INDIVIDUAL  OR  FAMILY  SHALL BE ELIGIBLE FOR THIS PROGRAM IF,
BECAUSE OF THE OUTBREAK OF COVID-19:
  (A) THE INDIVIDUAL OR FAMILY HAS SUFFERED A SUBSTANTIAL LOSS OF INCOME
AS DEFINED BY THE COMMISSIONER; AND
  (B) THE INDIVIDUAL OR FAMILY RENTS  THEIR  PRIMARY  RESIDENCE  IN  THE
STATE OF NEW YORK, INCLUDING BOTH TENANTS OF DWELLING UNITS AND MANUFAC-
TURED HOME TENANTS; AND
  (C) THE INDIVIDUAL OR FAMILY'S MONTHLY RENT OBLIGATION IS GREATER THAN
THIRTY PERCENT OF THEIR CURRENT MONTHLY ADJUSTED INCOME.
  2.  IN ADDITION TO THE ELIGIBILITY CRITERIA IN SUBDIVISION ONE OF THIS
SECTION, THE COMMISSIONER MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY
DETERMINATION OF ELIGIBILITY FOR THIS PROGRAM.
  3. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER  THIS
PROGRAM SHALL NO LONGER BE FINANCIALLY ELIGIBLE FOR ASSISTANCE WHEN:
  (A)  THE INDIVIDUAL OR FAMILY'S MONTHLY INCOME HAS BEEN RESTORED TO AN
AMOUNT EQUAL TO OR GREATER THAN  THE  INDIVIDUAL'S  OR  FAMILY'S  INCOME
PRIOR  TO THE ELIGIBLE LOSS SUFFERED IN PARAGRAPH (A) OF SUBDIVISION ONE
OF THIS SECTION; OR
  (B) THE INDIVIDUAL OR FAMILY'S MONTHLY RENT OBLIGATION  IS  NO  LONGER
GREATER THAN THIRTY PERCENT OF THEIR MONTHLY ADJUSTED INCOME.
  4.  AN  INDIVIDUAL  OR  FAMILY  SHALL  NO  LONGER BE ELIGIBLE FOR THIS
PROGRAM AFTER THREE MONTHS OF RENTAL ASSISTANCE IS PAID, UNLESS EXTENDED
AT THE DISCRETION OF THE COMMISSIONER.
  5. AN INDIVIDUAL FULL-TIME COLLEGE STUDENT OR FAMILY CONSISTING EXCLU-
SIVELY OF FULL-TIME COLLEGE STUDENTS  IS  INELIGIBLE  FOR  THIS  PROGRAM
UNLESS  EACH  INDIVIDUAL IN THE HOUSEHOLD SATISFIES THE FOLLOWING CONDI-
TIONS:
  (A) THE INDIVIDUAL SHALL HAVE ESTABLISHED A  HOUSEHOLD  SEPARATE  FROM
HIS  OR  HER  PARENTS  OR LEGAL GUARDIANS FOR AT LEAST ONE YEAR PRIOR TO
APPLICATION FOR ADMISSION OR SHALL MEET THE UNITED STATES DEPARTMENT  OF
EDUCATION'S DEFINITION OF INDEPENDENT STUDENT; AND
  (B)  THE  INDIVIDUAL SHALL NOT BE CLAIMED AS A DEPENDENT BY HIS OR HER
PARENTS OR LEGAL GUARDIANS PURSUANT TO INTERNAL  REVENUE  SERVICE  (IRS)
REGULATIONS.
  6. RENTAL ASSISTANCE SHALL BE TERMINATED WHEN THE RECIPIENT INDIVIDUAL
OR  FAMILY  BECOMES  INELIGIBLE  FOR THIS PROGRAM FOR RENT DUE AFTER THE
DATE THE RECIPIENT BECOMES INELIGIBLE.

A. 10248                            5

  7. PURSUANT TO 8 U.S.C. 1621(D), THE COMMISSIONER MAY USE STATE  FUNDS
ALLOCATED  FOR  THIS PROGRAM TO PROVIDE BENEFITS TO INDIVIDUALS OR FAMI-
LIES WHO, BUT FOR 8 U.S.C. 1621(A),  WOULD  OTHERWISE  BE  ELIGIBLE  FOR
BENEFITS.
  §  604.  PAYMENT OF EMERGENCY VOUCHERS. THE EMERGENCY VOUCHER SHALL BE
PAID DIRECTLY TO THE OWNER OF THE DWELLING  UNIT  OR  MANUFACTURED  HOME
PARK  OCCUPIED BY THE VOUCHER RECIPIENT BY THE HOUSING TRUST FUND CORPO-
RATION FOR RENT DUE FROM THE VOUCHER RECIPIENT AND  ANY  RENTAL  ARREARS
OWED  THAT  WERE NOT PAID AS A RESULT OF THE LOSS OF INCOME DESCRIBED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIX HUNDRED  THREE  OF  THIS
ARTICLE.    ANY  RENTAL ARREARS PAYMENT SHALL BE EQUAL TO THE AMOUNT FOR
WHICH THE TENANT WOULD HAVE BEEN ELIGIBLE AS DETERMINED BY  SECTION  SIX
HUNDRED  SIX  OF  THIS  ARTICLE, PLUS ANY LATE FEES INCURRED DUE TO SUCH
NONPAYMENT, UP TO THE LEGAL MAXIMUM AS PRESCRIBED BY SECTION TWO HUNDRED
THIRTY-EIGHT-A OF THE REAL PROPERTY LAW.
  § 605. RENTAL OBLIGATION. 1.  EACH  RECIPIENT  OF  HOUSING  ASSISTANCE
UNDER  THIS  SECTION'S MONTHLY RENTAL OBLIGATION SHALL BE THIRTY PERCENT
OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR INDIVIDUAL.
  2. IF AN INDIVIDUAL OR FAMILY SHARES A DWELLING OR  MANUFACTURED  HOME
WITH ONE OR MORE INDIVIDUALS WHO ARE NOT PART OF THEIR FAMILY AS DEFINED
BY  THIS  ARTICLE,  THE  MONTHLY  RENTAL OBLIGATION OF THE INDIVIDUAL OR
FAMILY SHALL BE CALCULATED USING THE PORTION OF THE INDIVIDUAL OR  FAMI-
LY'S RENT FOR WHICH THEY ARE RESPONSIBLE RATHER THAN THE ENTIRE RENT FOR
THE SHARED DWELLING UNIT OR MANUFACTURED HOME.
  § 606. ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY RENTAL ASSIST-
ANCE  PAYMENT  WITH  RESPECT  TO  ANY DWELLING UNIT OR MANUFACTURED HOME
SHALL BE THE DIFFERENCE BETWEEN THE MONTHLY RENT THE OWNER IS TO RECEIVE
FOR THE UNIT OR HOME AND THE MONTHLY RENT THE FAMILY  OR  INDIVIDUAL  IS
REQUIRED TO PAY UNDER SECTION SIX HUNDRED FIVE OF THIS ARTICLE.
  2.  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, IF THE RENT FOR
THE INDIVIDUAL OR FAMILY EXCEEDS  TWO  HUNDRED  FIFTY  PERCENT  OF  FAIR
MARKET  RENT FOR THE RENTAL AREA, THE MONTHLY ASSISTANCE PAYMENT FOR THE
INDIVIDUAL OR FAMILY SHALL BE THE DIFFERENCE BETWEEN  THE  RENTAL  OBLI-
GATION  ESTABLISHED  IN SECTION SIX HUNDRED FIVE OF THIS ARTICLE AND TWO
HUNDRED FIFTY PERCENT OF THE FAIR MARKET RENT FOR THE RENTAL AREA.
  3. IN ADDITION TO ANY RENTAL  ASSISTANCE  PAYMENTS,  THE  COMMISSIONER
SHALL  ALSO  AUTHORIZE  THE  FULL PAYMENT OF UTILITIES FOR ANY RECIPIENT
INDIVIDUAL OR FAMILY FOR THE TIME PERIOD DURING WHICH THE INDIVIDUAL  OR
FAMILY  QUALIFIES  FOR RENTAL ASSISTANCE PURSUANT TO SECTION SIX HUNDRED
THREE OF THIS ARTICLE. ANY SUCH PAYMENTS SHALL BE PAID DIRECTLY  TO  THE
UTILITY.
  §  607.  VERIFICATION  OF  INCOME  AND  ASSETS. THE COMMISSIONER SHALL
ESTABLISH PROCEDURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE  THAT
DATA  REGARDING  INCOME, AND ASSETS TO THE EXTENT NECESSARY TO DETERMINE
ELIGIBILITY, PROVIDED  BY  INDIVIDUALS  AND  FAMILIES  APPLYING  FOR  OR
RECEIVING  ASSISTANCE  UNDER  THIS  ARTICLE IS COMPLETE AND ACCURATE. IN
ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER SHALL RANDOMLY  SELECT  A
SAMPLE  OF  INDIVIDUALS  AND  FAMILIES  TO AUTHORIZE THE COMMISSIONER TO
OBTAIN INFORMATION ON THESE INDIVIDUALS AND FAMILIES FOR THE PURPOSE  OF
INCOME  AND  ASSET VERIFICATION, OR TO ALLOW THOSE INDIVIDUALS AND 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

A. 10248                            6

SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
OF  VERIFYING  INCOMES,  AND ASSETS IF APPLICABLE, IN ORDER TO DETERMINE
ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR BENEFITS, AND THE AMOUNT  OF
SUCH BENEFITS IF ANY, UNDER THIS SECTION.
  §  608.  DIVISION OF A RECIPIENT 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 THE NEW UNITS CANNOT AGREE AS TO WHICH NEW
UNIT  SHOULD  CONTINUE  TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO
DETERMINATION BY A COURT, THE COMMISSIONER SHALL CONSIDER THE  FOLLOWING
FACTORS  TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE
TO BE ASSISTED:
  (A) WHICH OF THE TWO NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN;
  (B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
INITIALLY ISSUED (LISTED ON THE INITIAL APPLICATION);
  (C) THE COMPOSITION OF THE NEW UNITS AND WHICH UNIT  INCLUDES  ELDERLY
OR DISABLED MEMBERS;
  (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP;
  (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
  (F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS.
  2.  DOCUMENTATION  OF THESE FACTORS SHALL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED,  THE  COMMISSIONER
SHALL  TERMINATE  ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE INFORMA-
TION NECESSARY FOR A RECERTIFICATION.
  3. ANY INDIVIDUAL OR  FAMILY  WHO  LOSES  BENEFITS  PURSUANT  TO  THIS
SECTION  MAY SUBMIT A NEW APPLICATION FOR BENEFITS UNDER THIS PROGRAM AS
A SEPARATE INDIVIDUAL OR FAMILY.
  § 609. FAIR HOUSING OBLIGATIONS. NOTHING IN THIS SECTION SHALL  LESSEN
OR  ABRIDGE  ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY MUNICIPALITIES,
LOCALITIES, OR ANY OTHER APPLICABLE JURISDICTION.
  § 2. This act shall take effect immediately.

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

                                10248--A

                          I N  A S S E M B L Y

                              April 8, 2020
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ, LENTOL, FAHY, WRIGHT, O'DONNELL,
  TAYLOR, McDONALD, CARROLL, WOERNER, SIMON, RAMOS, ORTIZ, JAFFEE, DICK-
  ENS, GRIFFIN, GOTTFRIED, WEPRIN, ROZIC, GLICK, SEAWRIGHT,  M. G. MILL-
  ER,  HEVESI,  RODRIGUEZ, SIMOTAS, EPSTEIN -- read once and referred to
  the Committee  on  Housing  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the public housing law, in relation to establishing a
  COVID-19 emergency rental assistance 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 to read as follows:
                               ARTICLE XIV
              COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM
SECTION 600. LEGISLATIVE FINDINGS.
        601. DEFINITIONS.
        602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL ASSISTANCE.
        603. ELIGIBILITY.
        604. PAYMENT OF EMERGENCY VOUCHERS.
        605. RENTAL OBLIGATION.
        606. ASSISTANCE PAYMENT.
        607. VERIFICATION OF INCOME AND ASSETS.
        608. HOUSING ASSISTANCE PAYMENT CONTRACTS FOR UNITS NEWLY RENTED
               FOR HOMELESS INDIVIDUALS AND FAMILIES.
        609. INSPECTION OF UNITS NEWLY RENTED FOR  HOMELESS  INDIVIDUALS
               AND FAMILIES.
        610. HOUSING OBLIGATIONS.
        611. REPORTS BY THE COMMISSIONER.
  §  600.  LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST TO ENSURE THAT NEW YORKERS ARE NOT RENDERED HOMELESS  OR
SEVERELY FINANCIALLY BURDENED BECAUSE OF AN INABILITY TO PAY THE COST OF
HOUSING AND OTHER NECESSITIES DUE TO LOSS OF INCOME RELATED TO THE WIDE-
SPREAD  OUTBREAK  OF  THE  CORONAVIRUS COMMONLY KNOWN AS COVID-19.   THE
LEGISLATURE FURTHER FINDS THAT THE OUTBREAK OF COVID-19 HAS  EXACERBATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16080-18-0

A. 10248--A                         2

THE HEALTH RISKS ASSOCIATED WITH BEING HOMELESS AND THAT THERE IS A NEED
FOR INCREASED FUNDING TO PROVIDE PERMANENT HOUSING FOR HOMELESS INDIVID-
UALS  AND  FAMILIES AS AN ESSENTIAL PART OF THE STATE'S EFFORTS TO MITI-
GATE  THE  THREAT OF COVID-19 TO PUBLIC HEALTH.  THE LEGISLATURE FURTHER
FINDS THAT PROVIDING FUNDING FOR INDIVIDUALS, FAMILIES AND HOUSEHOLDS TO
PAY RENT THAT THEY WOULD OTHERWISE HAVE DIFFICULTY PAYING  WILL  PROMOTE
THE  STABILITY  AND  PROPER  MAINTENANCE OF THE HOUSING STOCK AND ASSIST
COMMUNITIES IN RECOVERING FROM THE ADVERSE SOCIAL AND  ECONOMIC  EFFECTS
OF THE COVID-19 OUTBREAK.
  § 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "ADJUSTED INCOME" SHALL MEAN INCOME MINUS ANY DEDUCTIONS ALLOWABLE
AT THE DISCRETION OF THE COMMISSIONER PURSUANT TO THIS SECTION.
  (A) THE CALCULATION OF INCOME PERFORMED AT THE TIME OF APPLICATION FOR
SUCH ASSISTANCE SHALL CONSIDER ONLY INCOME THAT THE  INDIVIDUAL,  FAMILY
OR HOUSEHOLD IS CURRENTLY RECEIVING AT SUCH TIME AND ANY INCOME RECENTLY
TERMINATED  SHALL  NOT  BE  INCLUDED;  (B)  THE  CALCULATION  OF  INCOME
PERFORMED WITH RESPECT TO INDIVIDUALS, FAMILIES OR HOUSEHOLDS  RECEIVING
ONGOING  ASSISTANCE  THREE  MONTHS  AFTER  INITIAL RECEIPT OF ASSISTANCE
SHALL CONSIDER ONLY THE INCOME THAT THE HOUSEHOLD IS  RECEIVING  AT  THE
TIME  OF  SUCH  REVIEW; AND (C) THE CALCULATION OF INCOME PERFORMED WITH
RESPECT TO INDIVIDUALS, FAMILIES OR HOUSEHOLDS RECEIVING ASSISTANCE  FOR
ARREARAGES SHALL CONSIDER ONLY THE INCOME THAT THE INDIVIDUAL, FAMILY OR
HOUSEHOLD WAS RECEIVING AT THE TIME SUCH ARREARAGES WERE INCURRED.
  2.  "AT  RISK OF HOMELESSNESS" SHALL MEAN, WITH RESPECT TO AN INDIVID-
UAL, FAMILY, OR HOUSEHOLD, THAT THE INDIVIDUAL, FAMILY, OR HOUSEHOLD (A)
HAS AN INCOME BELOW ONE HUNDRED TWENTY PERCENT OF THE MEDIAN INCOME  FOR
THE  AREA  AS  DETERMINED  BY THE UNITED STATES SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; AND
  (B) HAS AN INABILITY TO ATTAIN OR MAINTAIN HOUSING  STABILITY  OR  HAS
INSUFFICIENT  RESOURCES  TO  PAY  FOR RENT OR UTILITIES DUE TO FINANCIAL
HARDSHIPS.
  3. "COVERED PERIOD" MEANS MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE
DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED
PUBLIC OR PRIVATE BUSINESSES  OR  PLACES  OF  PUBLIC  ACCOMMODATION,  OR
REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF
INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3,
202.4,   202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF
TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS  202.28  AND
202.31  AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN
RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE COUNTY OF THE
INDIVIDUAL, FAMILY, OR HOUSEHOLD'S RESIDENCE.
  4. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH  RENTAL
AREA  AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
ANT TO 42 USC 1437F.
  5. (A) "FAMILY" SHALL MEAN A GROUP  OF  PERSONS  LIVING  IN  THE  SAME
HOUSEHOLD WHO:
  (I)  ARE RELATED BY BIRTH, MARRIAGE, OR ADOPTION. THIS 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), AN ELDERLY  FAMILY,  A  NEAR-ELDERLY
FAMILY,  A  DISABLED FAMILY, A DISPLACED FAMILY, OR THE REMAINING MEMBER
OF A TENANT FAMILY; OR
  (II) ARE TWO OR  MORE  INDIVIDUALS  WHO  ARE  NOT  RELATED  BY  BLOOD,
MARRIAGE,  ADOPTION,  OR OTHER OPERATION OF LAW, BUT WHO CAN DEMONSTRATE
THAT THEY HAVE LIVED TOGETHER PREVIOUSLY AND CERTIFY THAT EACH  INDIVID-

A. 10248--A                         3

UAL'S  INCOME AND OTHER RESOURCES WILL BE AVAILABLE TO MEET THE NEEDS OF
THE FAMILY.
  (B)  EACH  FAMILY SHALL IDENTIFY THE INDIVIDUALS TO BE INCLUDED IN THE
FAMILY AT THE TIME OF APPLICATION, AND SHALL UPDATE THIS INFORMATION  IF
THE FAMILY'S COMPOSITION CHANGES.
  (C)  THE  COMMISSIONER  SHALL  HAVE THE DISCRETION TO DETERMINE IF ANY
OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
  6. "HOMELESS" SHALL MEAN LACKING A FIXED, REGULAR, AND ADEQUATE NIGHT-
TIME RESIDENCE OR HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A  PUBLIC
OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEP-
ING ACCOMMODATION FOR HUMAN BEINGS.
  7.  "INCOME"  SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE
FAMILY OR HOUSEHOLD,  INCLUDING  ALL  WAGES,  TIPS,  OVER-TIME,  SALARY,
RECURRING  GIFTS,  RETURNS  ON  INVESTMENTS,  WELFARE ASSISTANCE, SOCIAL
SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS,  UNEMPLOYMENT  BENEFITS,  ANY
BENEFIT,  PAYMENT  OR  CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL
PAYMENTS, ANY PAYMENTS WHOSE PURPOSE IS TO REPLACE LOST INCOME, AND  ANY
OTHER  GOVERNMENT  BENEFIT  OR  CASH  GRANT. THE TERM "INCOME" SHALL NOT
INCLUDE:  EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS  OF  AGE,
EMPLOYMENT  INCOME  FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER WHO ARE
FULL-TIME STUDENTS, FOSTER  CARE  PAYMENTS,  SPORADIC  GIFTS,  GROCERIES
PROVIDED  BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM BENEFITS, EARNED  INCOME  DISREGARD,  OR  THE  EARNED
INCOME TAX CREDIT.
  8.  "MANUFACTURED  HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED
BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
  9. "OCCUPANT" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION  TWO
HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
  10.  "PUBLIC  HOUSING  AGENCY" SHALL MEAN ANY COUNTY, MUNICIPALITY, OR
OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO  ADMINIS-
TER  ANY PUBLIC HOUSING PROGRAM, OR AN AGENCY OR INSTRUMENTALITY OF SUCH
AN ENTITY, AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMIN-
ISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
  11. "RENT" SHALL MEAN RENT AS DEFINED BY SECTION SEVEN HUNDRED TWO  OF
THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND SUBJECT TO PROCEEDINGS
UNDER  ARTICLE  SEVEN  OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW,
INCLUDING STATUTORY RENTS  AND  MAINTENANCE  FEES  PAID  PURSUANT  TO  A
PROPRIETARY LEASE ON A CO-OPERATIVE DWELLING UNIT.
  §  602.  AUTHORITY  TO  IMPLEMENT  EMERGENCY RENTAL ASSISTANCE. 1. THE
COMMISSIONER, AS SOON AS PRACTICABLE AND SUBJECT TO THE APPROPRIATION OF
FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF  RENTAL  ASSISTANCE
IN THE FORM OF EMERGENCY VOUCHERS FOR THOSE ELIGIBLE PURSUANT TO SECTION
SIX  HUNDRED  THREE  OF THIS ARTICLE.  THE COMMISSIONER MAY DELEGATE THE
ADMINISTRATION OF PORTIONS OF THIS PROGRAM TO ANY STATE  AGENCY,  PUBLIC
HOUSING  AGENCY,  CITY,  COUNTY,  TOWN,  OR  NON-PROFIT  ORGANIZATION IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE  COMMISSIONER  SHALL
DELEGATE  THE ADMINISTRATION OF THIS PROGRAM FOR THE CITY OF NEW YORK TO
A PUBLIC HOUSING AGENCY OR AGENCIES OPERATING SOLELY IN THE CITY OF  NEW
YORK.  ANY  STATE  AGENCY, PUBLIC HOUSING AGENCY, CITY, COUNTY, TOWN, OR
NON-PROFIT ORGANIZATION  DELEGATED  TO  ADMINISTER  THIS  PROGRAM  SHALL
RECEIVE  AN ADMINISTRATIVE FEE TO COVER THE COSTS OF ADMINISTRATION. THE
COMMISSIONER MAY PROVIDE TECHNICAL OR ADMINISTRATIVE SUPPORT  TO  ASSIST
ANY STATE AGENCY, PUBLIC HOUSING AGENCY, CITY, COUNTY, TOWN, OR NON-PRO-
FIT  ORGANIZATION  TO PROVIDE EMERGENCY RENTAL ASSISTANCE RELATED TO THE
OUTBREAK OF COVID-19 WITH FUNDING ALLOCATED BY THE FEDERAL GOVERNMENT TO

A. 10248--A                         4

SUCH PUBLIC HOUSING AGENCY, CITY, COUNTY, OR TOWN, OR NON-PROFIT  ORGAN-
IZATION.
  2.  PURSUANT TO 8 U.S.C. 1621(D), ANY INDIVIDUAL, FAMILY, OR HOUSEHOLD
WHO WOULD BE ELIGIBLE BUT FOR 8 U.S.C. 1621(A) FOR STATE OR LOCAL  BENE-
FITS FOR EMERGENCY RENTAL ASSISTANCE SHALL BE ELIGIBLE FOR SUCH BENEFITS
DURING  THE  COVERED PERIOD, AND FOR A PERIOD OF UP TO TWO YEARS IF SUCH
INDIVIDUAL, FAMILY, OR HOUSEHOLD BECOMES ELIGIBLE FOR SUCH BENEFITS  DUE
TO HOMELESSNESS.
  §  603.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
DETERMINING ELIGIBILITY FOR THIS PROGRAM.
  1. AN INDIVIDUAL, FAMILY OR  HOUSEHOLD  SHALL  BE  ELIGIBLE  FOR  THIS
PROGRAM IF:
  (A)  THE  INDIVIDUAL,  FAMILY, OR HOUSEHOLD IS A TENANT OR OCCUPANT IN
THEIR PRIMARY RESIDENCE IN THE STATE OF NEW YORK, INCLUDING BOTH TENANTS
AND OCCUPANTS OF  DWELLING  UNITS  AND  MANUFACTURED  HOME  TENANTS  AND
PROPRIETARY  LEASEHOLDERS  OF CO-OPERATIVE DWELLING UNITS, THEIR MONTHLY
RENT OBLIGATION IS GREATER THAN THIRTY PERCENT OF THEIR CURRENT  MONTHLY
ADJUSTED  INCOME, THEIR CURRENT MONTHLY ADJUSTED INCOME IS LESS THAN ONE
HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME AS ADJUSTED FOR  FAMILY
SIZE, AND DURING THE COVERED PERIOD:
  (I) THE INDIVIDUAL, FAMILY, OR HOUSEHOLD SUFFERED A FINANCIAL HARDSHIP
DUE  TO  LOSS  OF  INCOME,  AS  DETERMINED IN A MANNER PRESCRIBED BY THE
COMMISSIONER  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF  TAXATION  AND
FINANCE;  OR
  (II)  AN  INDIVIDUAL OR MEMBER OF THE FAMILY OR HOUSEHOLD BECAME UNEM-
PLOYED, AND QUALIFIED FOR UNEMPLOYMENT;
  (B) THE INDIVIDUAL, FAMILY, OR HOUSEHOLD IS AT  RISK  OF  HOMELESSNESS
DURING  THE COVERED PERIOD OR WITHIN NINETY DAYS AFTER THE COVERED PERI-
OD; OR
  (C) THE INDIVIDUAL,  FAMILY,  OR  HOUSEHOLD  IS  HOMELESS  DURING  THE
COVERED PERIOD OR WITHIN NINETY DAYS AFTER THE COVERED PERIOD.
  2.  IN ADDITION TO THE ELIGIBILITY CRITERIA IN SUBDIVISION ONE OF THIS
SECTION, THE COMMISSIONER MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY
DETERMINATION OF ELIGIBILITY FOR THIS PROGRAM.
  3. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER  THIS
PROGRAM SHALL NO LONGER BE FINANCIALLY ELIGIBLE FOR ASSISTANCE WHEN:
  (A)  THE INDIVIDUAL'S, FAMILY'S OR HOUSEHOLD'S MONTHLY INCOME HAS BEEN
RESTORED TO AN AMOUNT EQUAL TO OR GREATER THAN THE  INDIVIDUAL'S,  FAMI-
LY'S  OR HOUSEHOLD'S INCOME PRIOR TO THE LOSS REFERENCED IN SUBPARAGRAPH
(I) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION;
  (B) THE INDIVIDUAL'S, FAMILY'S, OR HOUSEHOLD'S MONTHLY RENT OBLIGATION
IS NO LONGER GREATER THAN  THIRTY  PERCENT  OF  THEIR  MONTHLY  ADJUSTED
INCOME;
  (C)  THE  INDIVIDUAL, FAMILY, OR HOUSEHOLD HAS RECEIVED RENTAL ASSIST-
ANCE FOR THE GREATER OF SIX MONTHS OR THE DURATION OF THE COVERED  PERI-
OD.    HOWEVER,  THOSE  INDIVIDUALS,  FAMILIES OR HOUSEHOLDS WHO RECEIVE
ASSISTANCE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS  SECTION
SHALL  BE  ELIGIBLE UNTIL THEY HAVE RECEIVED TWO YEARS OF RENTAL ASSIST-
ANCE.
  4. ANY INDIVIDUAL, FAMILY OR HOUSEHOLD IN RECEIPT OF RENTAL ASSISTANCE
UNDER THIS PROGRAM SHALL BE OBLIGATED  TO  REPORT  ALL  CHANGES  OF  TEN
PERCENT  OR  MORE  OF  THEIR  MONTHLY  INCOME WHILE PARTICIPATING IN THE
PROGRAM IN ORDER TO MAINTAIN ELIGIBILITY.
  5. THE COMMISSIONER SHALL ESTABLISH PREFERENCES PRIORITIZING  INDIVID-
UALS,  FAMILIES OR HOUSEHOLDS WITH THE GREATEST ECONOMIC AND SOCIAL NEED

A. 10248--A                         5

IN PROCESSING APPLICATIONS FOR  THIS  PROGRAM.  SUCH  PREFERENCES  SHALL
ACCOUNT FOR AT A MINIMUM:
  (A) THE HISTORICAL INCOME LEVEL OF THE INDIVIDUAL, FAMILY OR HOUSEHOLD
AS IT RELATES TO THE AREA MEDIAN INCOME;
  (B)  THE  CURRENT ADJUSTED INCOME OF THE INDIVIDUAL, FAMILY, OR HOUSE-
HOLD AS IT RELATES TO THE AREA MEDIAN INCOME;
  (C) THE RENT BURDEN OF THE INDIVIDUAL, FAMILY OR HOUSEHOLD;
  (D) THE PERCENTAGE OF INCOME LOST BY THE INDIVIDUAL, FAMILY OR  HOUSE-
HOLD;
  (E)  THE INDIVIDUAL OR A MEMBER OF THE FAMILY OR HOUSEHOLD'S STATUS AS
A VICTIM OF DOMESTIC VIOLENCE; AND
  (F) WHETHER THE INDIVIDUAL, FAMILY OR HOUSEHOLD  WAS  HOMELESS  OR  AT
RISK  OF  HOMELESSNESS  DURING  THE COVERED PERIOD OR WITHIN NINETY DAYS
AFTER THE COVERED PERIOD.
  6. THE COMMISSIONER SHALL PROMULGATE STANDARDS  BY  WHICH  ANY  ENTITY
DESIGNATED  TO  ADMINISTER  THIS  PROGRAM PURSUANT TO SUBDIVISION ONE OF
SECTION SIX HUNDRED TWO OF THIS ARTICLE SHALL ISSUE A PRELIMINARY DETER-
MINATION OF ELIGIBILITY UPON INITIAL RECEIPT OF THE APPLICATION,  IF  IT
IS  PRACTICABLE  TO  DO SO WITHOUT UNDULY IMPEDING IMPLEMENTATION OF THE
PROGRAM. ANY SUCH PRELIMINARY DETERMINATION SHALL NOT BE BINDING ON  THE
COMMISSIONER  OR  ANY  ENTITY  DESIGNATED TO ADMINISTER THIS PROGRAM AND
SHALL NOT EXCUSE ANY EXISTING STATUTORY OR  CONTRACTUAL  OBLIGATIONS  OF
THE LANDLORD OR THE APPLICANT INDIVIDUAL, FAMILY, OR HOUSEHOLD.
  7.  EVICTION PROCEEDINGS FOR RENTAL ARREARS THAT WOULD BE ELIGIBLE FOR
COVERAGE UNDER THIS PROGRAM CANNOT BE COMMENCED AGAINST  AN  INDIVIDUAL,
FAMILY  OR  HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A
DETERMINATION OF INELIGIBILITY IS  MADE.  IF  EVICTION  PROCEEDINGS  ARE
COMMENCED  AGAINST  AN  INDIVIDUAL, FAMILY OR HOUSEHOLD WHO SUBSEQUENTLY
APPLIES FOR BENEFITS UNDER THIS PROGRAM, ALL PROCEEDINGS FOR MISSED RENT
PAYMENTS DURING THE COVERED PERIOD SHALL BE STAYED UNTIL A DETERMINATION
OF INELIGIBILITY HAS BEEN MADE.
  8. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED  BY  THE  COMMIS-
SIONER  SHALL  BE  RESOLVED  IN  FAVOR OF THE APPLICANT WHEN DETERMINING
ELIGIBILITY.
  9. ANY INFORMATION COLLECTED ABOUT AN INDIVIDUAL, FAMILY OR  HOUSEHOLD
IN  THE  PROCESS OF DETERMINING ELIGIBILITY SHALL SOLELY BE USED FOR THE
PURPOSES OF DETERMINING ELIGIBILITY AND SHALL NOT  BE  SHARED  WITH  ANY
OTHER GOVERNMENTAL AGENCY.
  10.  AN INDIVIDUAL, FAMILY OR HOUSEHOLD SHALL NOT BE ELIGIBLE FOR THIS
PROGRAM IF THEY LIVE IN HOUSING OWNED OR MANAGED  BY  A  PUBLIC  HOUSING
AUTHORITY  OR  RECEIVE  RENTAL  ASSISTANCE FROM A PROGRAM IN WHICH THEIR
RENTAL OBLIGATION IS ADJUSTED TO BE NO GREATER THAN  THIRTY  PERCENT  OF
THEIR INCOME WHEN THEIR INCOME DECREASES.
  11.  AN  INDIVIDUAL  FULL-TIME  COLLEGE STUDENT OR FAMILY OR HOUSEHOLD
CONSISTING EXCLUSIVELY OF FULL-TIME COLLEGE STUDENTS IS  INELIGIBLE  FOR
THIS PROGRAM UNLESS EACH INDIVIDUAL IN THE FAMILY OR HOUSEHOLD SATISFIES
THE FOLLOWING CONDITIONS:
  (A)  THE  INDIVIDUAL  SHALL HAVE ESTABLISHED A HOUSEHOLD SEPARATE FROM
HIS OR HER PARENTS OR LEGAL GUARDIANS FOR AT LEAST  ONE  YEAR  PRIOR  TO
APPLICATION  FOR ADMISSION OR SHALL MEET THE UNITED STATES DEPARTMENT OF
EDUCATION'S DEFINITION OF INDEPENDENT STUDENT; AND
  (B) THE INDIVIDUAL SHALL NOT BE CLAIMED AS A DEPENDENT BY HIS  OR  HER
PARENTS  OR  LEGAL  GUARDIANS PURSUANT TO INTERNAL REVENUE SERVICE (IRS)
REGULATIONS.
  12. APPLICANTS SHALL NOT BE EXPECTED OR REQUIRED TO REPAY ANY  ASSIST-
ANCE  GRANTED  THROUGH  THIS  PROGRAM  UNLESS OTHERWISE REQUIRED BY LAW.

A. 10248--A                         6

ASSISTANCE SHALL NOT BE CONSIDERED INCOME FOR PURPOSES OF  PUBLIC  BENE-
FITS OR OTHER PUBLIC ASSISTANCE. THERE SHALL BE NO REQUIREMENT ON APPLI-
CANTS  TO  SEEK  ASSISTANCE  FROM  OTHER  SOURCES,  INCLUDING CHARITABLE
CONTRIBUTIONS, FOR ELIGIBILITY.
  §  604.  PAYMENT OF EMERGENCY VOUCHERS. 1. THE EMERGENCY VOUCHER SHALL
BE PAID DIRECTLY TO THE OWNER OF THE DWELLING UNIT OR MANUFACTURED  HOME
PARK  OCCUPIED  BY  THE  VOUCHER RECIPIENT FOR RENT DUE FROM THE VOUCHER
RECIPIENT AND ANY RENTAL ARREARS OWED THAT WERE NOT PAID FOR  WHICH  THE
RECIPIENT  WOULD  OTHERWISE  HAVE  BEEN ELIGIBLE PURSUANT TO SECTION SIX
HUNDRED THREE OF THIS ARTICLE.  ANY ARREARS PAYMENT SHALL  BE  EQUAL  TO
THE  AMOUNT  FOR  WHICH THE RECIPIENT WOULD HAVE BEEN ELIGIBLE AS DETER-
MINED BY SECTION SIX HUNDRED SIX OF THIS ARTICLE.
  2. ACCEPTANCE OF VOUCHERS AS PAYMENT FOR RENT DUE  OR  RENTAL  ARREARS
SHALL CONSTITUTE AGREEMENT BY THE RECIPIENT:
  (A) TO WAIVE ANY LATE FEES DUE ON ANY RENTAL ARREARS;
  (B)  TO  KEEP CONSTANT THE MONTHLY RENT DUE FOR THE DWELLING UNIT SUCH
THAT IT SHALL REMAIN THE AMOUNT THAT WAS DUE AT THE TIME OF  APPLICATION
TO  THE PROGRAM FOR ANY AND ALL MONTHS FOR WHICH THE VOUCHER IS ACCEPTED
AS PAYMENT; AND
  (C) AT THE OPTION OF THE TENANT, TO EXTEND ANY LEASE OR RENTAL  AGREE-
MENT  FOR  THE  USE  AND  OCCUPANCY OF THE APPLICABLE DWELLING UNIT THAT
EXPIRED OR IS DUE TO EXPIRE DURING THE  COVERED  PERIOD  OR  SIXTY  DAYS
FOLLOWING  THE EXPIRATION OF THE COVERED PERIOD TO A DATE AT LEAST SIXTY
DAYS FROM THE EXPIRATION OF THE COVERED PERIOD UNDER THE  TERMS  OF  THE
LEASE  OR RENTAL AGREEMENT EXISTING PRIOR TO THE EXPIRATION OF THE LEASE
OR RENTAL AGREEMENT. WHERE THE DWELLING UNIT THAT IS THE SUBJECT OF  THE
LEASE OR RENTAL AGREEMENT CONTAINS FOUR OR FEWER UNITS, THE LANDLORD MAY
DECLINE  TO EXTEND THE LEASE OR TENANCY IF THE LANDLORD INTENDS TO IMME-
DIATELY OCCUPY THE UNIT FOR THE LANDLORD'S PERSONAL USE OR THE USE OF AN
IMMEDIATE FAMILY MEMBER AS A PRIMARY RESIDENCE.
  § 605. RENTAL OBLIGATION. 1.  THE MONTHLY RENTAL  OBLIGATION  OF  EACH
RECIPIENT  SHALL BE THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE
INDIVIDUAL, FAMILY, OR HOUSEHOLD.
  2. IF AN INDIVIDUAL, FAMILY OR HOUSEHOLD SHARES A DWELLING OR MANUFAC-
TURED HOME WITH ONE OR MORE INDIVIDUALS WHO ARE NOT PART OF THEIR FAMILY
OR HOUSEHOLD, THE MONTHLY RENTAL OBLIGATION OF THE INDIVIDUAL, FAMILY OR
HOUSEHOLD SHALL BE CALCULATED USING THE PORTION OF THE INDIVIDUAL, FAMI-
LY'S OR HOUSEHOLD'S RENT FOR WHICH THEY ARE RESPONSIBLE RATHER THAN  THE
ENTIRE RENT FOR THE SHARED DWELLING UNIT OR MANUFACTURED HOME.
  § 606. ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY RENTAL ASSIST-
ANCE  PAYMENT  WITH  RESPECT  TO  ANY DWELLING UNIT OR MANUFACTURED HOME
SHALL BE THE DIFFERENCE BETWEEN THE  MONTHLY  CONTRACTUAL  OR  STATUTORY
RENT  FOR  THE  UNIT  OR  HOME AND AND THIRTY PERCENT OF THE INDIVIDUAL,
FAMILY OR HOUSEHOLD'S ADJUSTED INCOME.
  2.   NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,  THE  MAXIMUM
MONTHLY ASSISTANCE PAYMENT FOR THE INDIVIDUAL, FAMILY OR HOUSEHOLD SHALL
BE  THE  DIFFERENCE BETWEEN THE RENTAL OBLIGATION ESTABLISHED IN SECTION
SIX HUNDRED FIVE OF THIS ARTICLE, UP TO TWO HUNDRED FIFTY PERCENT OF THE
FAIR  MARKET  RENT  FOR  THE  RENTAL  AREA  OR  IN  ACCORDANCE  TO   ANY
RESTRICTIONS THAT MAY APPLY TO FUNDING PROVIDED FOR THIS PURPOSE.
  3.  IN  ADDITION  TO  ANY RENTAL ASSISTANCE PAYMENTS, THE COMMISSIONER
SHALL ALSO AUTHORIZE THE FULL PAYMENT OF  UTILITIES  FOR  ANY  RECIPIENT
INDIVIDUAL,  FAMILY  OR  HOUSEHOLD  FOR THE TIME PERIOD DURING WHICH THE
INDIVIDUAL, FAMILY OR HOUSEHOLD QUALIFIES FOR RENTAL ASSISTANCE PURSUANT
TO SECTION SIX HUNDRED THREE OF THIS ARTICLE. ANY SUCH PAYMENTS SHALL BE
PAID DIRECTLY TO THE  UTILITY  PROVIDER.    FOR  THE  PURPOSES  OF  THIS

A. 10248--A                         7

SECTION,  UTILITY  PAYMENTS SHALL ENCOMPASS ALL PAYMENTS THE INDIVIDUAL,
FAMILY OR HOUSEHOLD IS OBLIGATED TO  PAY  FOR  GAS,  ELECTRICITY,  HEAT,
WATER, SEWER, AND SOLID WASTE DISPOSAL SERVICES.
  §  607.  VERIFICATION  OF  INCOME  AND  ASSETS. THE COMMISSIONER SHALL
ESTABLISH PROCEDURES THAT ARE APPROPRIATE AND NECESSARY TO  ASSURE  THAT
INFORMATION  REGARDING  INCOME,  AND  ASSETS  TO THE EXTENT NECESSARY TO
DETERMINE ELIGIBILITY, PROVIDED BY INDIVIDUALS, FAMILIES AND HOUSEHOLDS,
APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE  AND
ACCURATE.   VERIFICATION MAY INCLUDE WITHOUT LIMITATION: PAYCHECK STUBS,
EARNING STATEMENTS, TAX RECORDS, W-2 FORMS, WRITTEN  STATEMENTS  FROM  A
FORMER OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT WITH A FORMER
OR  CURRENT  EMPLOYER, STATEMENTS OR AFFIDAVITS SIGNED BY THE APPLICANT,
OR OTHER METHODS APPROVED BY THE COMMISSIONER.
  § 608. HOUSING ASSISTANCE PAYMENT CONTRACTS FOR UNITS NEWLY RENTED FOR
HOMELESS INDIVIDUALS AND  FAMILIES.  1.  A  HOUSING  ASSISTANCE  PAYMENT
CONTRACT SHALL BE ENTERED INTO BETWEEN THE RELEVANT AGENCY ADMINISTERING
THIS PROGRAM AND THE OWNER OF A DWELLING UNIT WHEN THE VOUCHER RECIPIENT
QUALIFIED  FOR  THE  PROGRAM  BY  BEING HOMELESS. THE HOUSING ASSISTANCE
PAYMENT CONTRACT ENTERED INTO PURSUANT TO THIS SECTION  SHALL  ESTABLISH
THE  MAXIMUM  MONTHLY  RENT (INCLUDING UTILITIES AND ALL MAINTENANCE AND
MANAGEMENT CHARGES) THE OWNER IS ENTITLED TO RECEIVE FOR  EACH  DWELLING
UNIT WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. EACH
HOUSING  ASSISTANCE PAYMENT CONTRACT ENTERED INTO BY THE AGENCY ADMINIS-
TERING THIS PROGRAM AND THE OWNER OF A DWELLING UNIT SHALL PROVIDE:
  (A) THAT THE LEASE BETWEEN THE TENANT AND THE OWNER  SHALL  BE  FOR  A
TERM OF NOT LESS THAN ONE YEAR;
  (B)  THAT  THE  DWELLING  UNIT  OWNER  SHALL  OFFER  LEASES TO TENANTS
ASSISTED UNDER THIS ARTICLE THAT:
  (I) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE  DWELLING  UNIT
OWNER; AND
  (II) CONTAIN TERMS AND CONDITIONS THAT:
  (A) ARE CONSISTENT WITH FEDERAL, STATE, AND LOCAL LAW; AND
  (B)  APPLY  GENERALLY  TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
  (III) 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; AND
  (IV)  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; AND
  (C)  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.  AN INDIVIDUAL OR FAMILY MAY
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE.
  2. (A) FOR THE HOMELESS, THE RENT FOR DWELLING UNITS FOR WHICH A HOUS-
ING ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED  UNDER  THIS  SUBDIVISION
SHALL  BE  REASONABLE  IN  COMPARISON  WITH RENTS CHARGED FOR COMPARABLE
DWELLING UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
  (B) AN AGENCY ADMINISTERING THIS PROGRAM SHALL, AT THE REQUEST  OF  AN
INDIVIDUAL OR FAMILY RECEIVING TENANT-BASED ASSISTANCE UNDER THIS SUBDI-
VISION,  ASSIST  THAT  INDIVIDUAL  OR FAMILY IN NEGOTIATING A REASONABLE

A. 10248--A                         8

RENT WITH A DWELLING UNIT OWNER. "REASONABLE RENT" SHALL MEAN  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.
SUCH  AGENCY SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY THE
INDIVIDUAL OR FAMILY (AND ALL RENT INCREASES FOR UNITS  UNDER  LEASE  BY
SUCH  INDIVIDUAL  OR  FAMILY)  TO  DETERMINE  WHETHER  THE RENT (OR RENT
INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF AN AGENCY ADMINISTER-
ING THIS PROGRAM DETERMINES THAT THE  RENT  (OR  RENT  INCREASE)  FOR  A
DWELLING  UNIT  IS  NOT  REASONABLE,  THE  AGENCY SHALL NOT MAKE HOUSING
ASSISTANCE PAYMENTS TO THE OWNER UNDER THIS SUBDIVISION WITH RESPECT  TO
THAT UNIT.
  (C)  EACH  AGENCY ADMINISTERING THIS PROGRAM SHALL MAKE TIMELY PAYMENT
OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SUBDIVISION.  THE
HOUSING  ASSISTANCE  PAYMENT  CONTRACT  BETWEEN THE OWNER AND THE AGENCY
ADMINISTERING THIS PROGRAM  MAY  PROVIDE  FOR  PENALTIES  FOR  THE  LATE
PAYMENT OF AMOUNTS DUE UNDER THE CONTRACT, WHICH SHALL BE IMPOSED ON THE
AGENCY  IN  ACCORDANCE  WITH  GENERALLY  ACCEPTED PRACTICES IN THE LOCAL
HOUSING MARKET.
  3. IF AN ASSISTED INDIVIDUAL OR 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.
  4. ANY VOUCHER ISSUED PURSUANT TO THIS SECTION FOR A HOMELESS INDIVID-
UAL OR FAMILY MAY BE USED FOR HOUSING ANYWHERE IN THE STATE.  THE  RELE-
VANT AGENCY ADMINISTERING THIS PROGRAM SHALL INFORM VOUCHER HOLDERS THAT
A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE EXTENT PRACTICA-
BLE,  SHALL  ASSIST  VOUCHER  HOLDERS  IN FINDING HOUSING IN THE AREA OF
THEIR CHOICE.
  § 609. INSPECTION OF UNITS NEWLY RENTED FOR HOMELESS  INDIVIDUALS  AND
FAMILIES.  1. INITIAL INSPECTION. (A) IN GENERAL. FOR EACH DWELLING UNIT
FOR WHICH A HOUSING ASSISTANCE  PAYMENT  CONTRACT  IS  ESTABLISHED,  THE
AGENCY  ADMINISTERING  THIS  PROGRAM  SHALL  INSPECT THE UNIT BEFORE ANY
ASSISTANCE PAYMENT IS MADE TO DETERMINE WHETHER THE DWELLING UNIT  MEETS
THE  HOUSING  QUALITY  STANDARDS  UNDER SUBDIVISION TWO OF THIS SECTION,
EXCEPT AS PROVIDED IN PARAGRAPHS (B) OR (C) OF THIS SUBDIVISION.  HOWEV-
ER, THE COMMISSIONER MAY WAIVE THIS INSPECTION REQUIREMENT TO THE EXTENT
NECESSARY TO PROTECT PUBLIC HEALTH OR EXPEDITE  IMPLEMENTATION  OF  THIS
PROGRAM.
  (B)  CORRECTION OF NON-LIFE-THREATENING CONDITIONS. IN THE CASE OF ANY
DWELLING UNIT THAT IS DETERMINED, PURSUANT TO AN INSPECTION UNDER  PARA-
GRAPH (A) OF THIS SUBDIVISION, NOT TO MEET THE HOUSING QUALITY STANDARDS
UNDER  SUBDIVISION  TWO OF THIS SECTION, ASSISTANCE PAYMENTS MAY BE MADE
FOR THE UNIT, NOTWITHSTANDING SUBDIVISION  THREE  OF  THIS  SECTION,  IF
FAILURE  TO MEET SUCH STANDARDS IS A RESULT ONLY OF NON-LIFE-THREATENING
CONDITIONS, AS SUCH CONDITIONS ARE ESTABLISHED BY THE  COMMISSIONER.  AN
AGENCY  MAKING  ASSISTANCE  PAYMENTS  PURSUANT  TO  THIS PARAGRAPH FOR A
DWELLING UNIT SHALL, THIRTY DAYS AFTER THE BEGINNING OF THE  PERIOD  FOR
WHICH  SUCH  PAYMENTS ARE MADE, WITHHOLD ANY ASSISTANCE PAYMENTS FOR THE
UNIT IF ANY DEFICIENCY RESULTING IN NONCOMPLIANCE WITH THE HOUSING QUAL-
ITY STANDARDS HAS NOT BEEN CORRECTED BY  SUCH  TIME.  THE  AGENCY  SHALL
RECOMMENCE  ASSISTANCE PAYMENTS WHEN SUCH DEFICIENCY HAS BEEN CORRECTED,
AND MAY USE ANY PAYMENTS WITHHELD TO MAKE ASSISTANCE  PAYMENTS  RELATING
TO THE PERIOD DURING WHICH PAYMENTS WERE WITHHELD.
  (C)  USE  OF  ALTERNATIVE INSPECTION METHOD FOR INTERIM PERIOD. IN THE
CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR MONTHS HAS MET

A. 10248--A                         9

THE REQUIREMENTS OF AN  INSPECTION  THAT  QUALIFIES  AS  AN  ALTERNATIVE
INSPECTION METHOD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AN AGEN-
CY  ADMINISTERING  THIS  PROGRAM  MAY  AUTHORIZE  OCCUPANCY  BEFORE  THE
INSPECTION  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED,
AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO  THE  BEGINNING  OF  THE
LEASE  TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION
UNDER PARAGRAPH (A) OF THIS SUBDIVISION  TO  MEET  THE  HOUSING  QUALITY
STANDARDS  UNDER SUBDIVISION TWO OF THIS SECTION. THIS PARAGRAPH MAY NOT
BE CONSTRUED TO EXEMPT  ANY  DWELLING  UNIT  FROM  COMPLIANCE  WITH  THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
  2. HOUSING QUALITY STANDARDS. THE HOUSING QUALITY STANDARDS UNDER THIS
SUBDIVISION ARE STANDARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:
  (A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
  (B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN-
CIES THAT:
  (I)  MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE COMMIS-
SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
LY INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING  OPPORTU-
NITIES  FOR  INDIVIDUALS  OR  FAMILIES  ASSISTED UNDER THIS SUBDIVISION,
EXCEPT WHERE SUCH WAIVER COULD ADVERSELY AFFECT THE HEALTH OR SAFETY  OF
INDIVIDUALS OR FAMILIES ASSISTED UNDER THIS SUBDIVISION; AND
  (II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
  3.  INSPECTION.  THE  DETERMINATION  REQUIRED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE MADE BY  THE  AGENCY  ADMINISTERING  THIS  PROGRAM
PURSUANT  TO  AN  INSPECTION  OF  THE DWELLING UNIT CONDUCTED BEFORE ANY
ASSISTANCE PAYMENT IS MADE FOR THE UNIT. INSPECTIONS OF  DWELLING  UNITS
UNDER  THIS  SUBDIVISION  SHALL  BE  MADE  BEFORE  THE EXPIRATION OF THE
FIFTEEN DAY PERIOD BEGINNING UPON A REQUEST BY THE RESIDENT OR  LANDLORD
TO  THE  AGENCY  OR,  IN THE CASE OF ANY AGENCY THAT PROVIDES ASSISTANCE
UNDER THIS SUBDIVISION ON BEHALF OF MORE THAN ONE THOUSAND  TWO  HUNDRED
FIFTY  INDIVIDUALS  AND  FAMILIES, BEFORE THE EXPIRATION OF A REASONABLE
PERIOD BEGINNING UPON SUCH REQUEST.
  4. ALTERNATIVE INSPECTION METHOD. AN INSPECTION OF  A  PROPERTY  SHALL
QUALIFY  AS AN ALTERNATIVE INSPECTION METHOD FOR PURPOSES OF THIS SUBDI-
VISION IF:
  (A) THE INSPECTION WAS CONDUCTED  PURSUANT  TO  REQUIREMENTS  UNDER  A
FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
  (B)  PURSUANT  TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET
THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM,  AND,  IF  A  NON-STATE
STANDARD  OR REQUIREMENT WAS USED, THE AGENCY ADMINISTERING THIS PROGRAM
HAS CERTIFIED TO THE COMMISSIONER  THAT  SUCH  STANDARD  OR  REQUIREMENT
PROVIDES  THE  SAME OR GREATER PROTECTION TO OCCUPANTS OF DWELLING UNITS
MEETING SUCH STANDARD OR REQUIREMENT AS WOULD THE HOUSING QUALITY STAND-
ARDS UNDER SUBDIVISION TWO OF THIS SECTION.
  5. INTERIM INSPECTIONS. UPON NOTIFICATION TO THE AGENCY  ADMINISTERING
THIS  PROGRAM,  BY  AN INDIVIDUAL OR FAMILY ON WHOSE BEHALF TENANT-BASED
RENTAL ASSISTANCE IS PROVIDED UNDER THIS SUBDIVISION OR BY A  GOVERNMENT
OFFICIAL,  THAT  THE DWELLING UNIT FOR WHICH SUCH ASSISTANCE IS PROVIDED
DOES NOT COMPLY WITH THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO
OF THIS SECTION, THE AGENCY SHALL INSPECT THE DWELLING UNIT:
  (A) IN THE CASE OF ANY  CONDITION  THAT  IS  LIFE-THREATENING,  WITHIN
TWENTY-FOUR  HOURS  AFTER  THE  AGENCY'S  RECEIPT  OF SUCH NOTIFICATION,
UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND
  (B) IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING,  WITHIN
A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.

A. 10248--A                        10

  6.  INSPECTION GUIDELINES. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL
GUIDELINES AND PERFORMANCE STANDARDS TO FACILITATE INSPECTIONS OF DWELL-
ING UNITS AND CONFORM SUCH INSPECTIONS WITH PRACTICES  UTILIZED  IN  THE
PRIVATE  HOUSING  MARKET.  SUCH GUIDELINES AND STANDARDS SHALL TAKE INTO
CONSIDERATION  VARIATIONS  IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING
AGENCIES AND SHALL PROVIDE FLEXIBILITY TO AGENCIES APPROPRIATE TO FACIL-
ITATE EFFICIENT PROVISION OF ASSISTANCE UNDER THIS SUBDIVISION.
  § 610. HOUSING OBLIGATIONS. NOTHING IN THIS SECTION  SHALL  LESSEN  OR
ABRIDGE  ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY THE FEDERAL GOVERN-
MENT, STATE, MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE  JURIS-
DICTION.
  §  611.    REPORTS  BY THE COMMISSIONER. THE COMMISSIONER SHALL, ON OR
BEFORE DECEMBER FIRST, TWO THOUSAND TWENTY AND ON OR BEFORE MARCH FIRST,
TWO THOUSAND TWENTY-ONE SUBMIT AND MAKE PUBLICLY AVAILABLE A  REPORT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND ON ITS WEBSITE, ON THE NUMBER  OF  INDIVIDUALS,  FAMILIES,
AND  HOUSEHOLDS THAT HAVE APPLIED FOR ASSISTANCE, THE NUMBER OF APPLICA-
TIONS ACCEPTED, THE NUMBER OF APPLICATIONS REJECTED, THE STATUS  OF  ANY
PENDING  APPLICATIONS,  THE  MONTHLY  EXPENDITURES MADE PURSUANT TO THIS
ARTICLE INCLUDING RECIPIENT DEMOGRAPHIC DATA, REGIONAL DATA, AND DETAILS
ON ASSISTANCE PAYMENT VALUES.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder of this act, but shall  be  confined
in  its  operation  to  the  clause,  sentence,  paragraph, subdivision,
section or part of this act directly  involved  in  the  controversy  in
which  such  judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this act would have  been  enacted
even  if  such invalid clause, sentence, paragraph, subdivision, section
or part had not been included herein.
  § 3. This act shall take effect immediately.