S T A T E   O F   N E W   Y O R K
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                                 10322--A
 
                           I N  A S S E M B L Y
 
                              April 22, 2020
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Social  Services  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to eliminating rent
   for homeless shelters in cities having a population of less  than  one
   million, towns and villages

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 131 of the social services law is amended by adding
 two new subdivisions 21 and 22 to read as follows:
   21. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL  PROHIBIT
 ANY  PUBLICLY  FUNDED PROVIDER OF TEMPORARY HOUSING ASSISTANCE IN CITIES
 HAVING A POPULATION LESS THAN ONE MILLION, TOWNS AND VILLAGES, INCLUDING
 BUT NOT LIMITED TO THOSE DEFINED IN SUBDIVISION SIXTEEN OF  SECTION  ONE
 HUNDRED  THIRTY-ONE-A  OF THIS TITLE FROM REQUIRING RECIPIENTS OF PUBLIC
 ASSISTANCE,  EMERGENCY  ASSISTANCE  FOR  ADULTS,  SUPPLEMENTAL  SECURITY
 INCOME  OR  ADDITIONAL  STATE PAYMENT TO PARTICIPATE IN WORK ACTIVITIES,
 INCLUDING BUT NOT LIMITED TO THOSE  DEFINED  IN  SECTION  THREE  HUNDRED
 THIRTY-SIX  OF THIS CHAPTER, AS A CONDITION TO RECEIVE TEMPORARY HOUSING
 ASSISTANCE FROM SUCH PROVIDER.   PROVIDED, HOWEVER,  IF  SUCH  RECIPIENT
 CHOOSES  TO VOLUNTEER OR RECEIVE MONEY TO WORK, HE OR SHE SHALL BE FULLY
 INFORMED IN WRITING THAT THERE IS  NO  OBLIGATION  TO  PERFORM  WORK  OR
 VOLUNTEER  AS A CONDITION OF RECEIVING TEMPORARY HOUSING ASSISTANCE FROM
 SUCH PROVIDER. WRITTEN, SIGNED CONSENT TO VOLUNTEER OR RECEIVE MONEY  TO
 WORK  SHALL BE KEPT ON FILE WHILE HE OR SHE IS RECEIVING TEMPORARY HOUS-
 ING ASSISTANCE FROM SUCH PROVIDER.  NOTHING  HEREIN  SHALL  PREVENT  THE
 PROVIDER OF TEMPORARY HOUSING ASSISTANCE FROM KEEPING SUCH CONSENT ELEC-
 TRONICALLY.
   22.  A.  ANY TEMPORARY HOUSING ASSISTANCE PROVIDER, IN CITIES HAVING A
 POPULATION LESS THAN ONE  MILLION,  TOWNS  AND  VILLAGES,  FOUND  TO  BE
 COLLECTING  INCOME,  ROOM AND BOARD OR ANY OTHER TYPE OF CONTRIBUTION IN
 VIOLATION OF SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED THIRTY-ONE-A  OF
 THIS  TITLE,  SHALL,  AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BY THE
 DEPARTMENT, BE REQUIRED TO RETURN ANY FUNDS COLLECTED  IN  VIOLATION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16127-02-0

 A. 10322--A                         2

 THIS SECTION TO SUCH RECIPIENT AND MAY BE SUBJECT TO A CIVIL PENALTY NOT
 TO  EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION. THE DEPARTMENT SHALL
 ADOPT PROCEDURES IN ACCORDANCE WITH THE STATE  ADMINISTRATIVE  PROCEDURE
 ACT FOR ASSESSMENT OF PENALTIES PURSUANT TO THIS SECTION. SUCH PROCEDURE
 SHALL INCLUDE THE OPPORTUNITY FOR AN ADMINISTRATIVE APPEAL. ANY PROVIDER
 FOUND  TO  HAVE  VIOLATED  THIS SECTION AND WHO IS SUBSEQUENTLY FOUND TO
 HAVE VIOLATED THIS SECTION FIVE OR MORE TIMES WITHIN  ONE  YEAR  OF  THE
 INITIAL  FINDING  MAY BE DETERMINED, AT THE DISCRETION OF THE DEPARTMENT
 AND TAKING INTO CONSIDERATION THE  GEOGRAPHIC  AVAILABILITY  OF  SIMILAR
 SERVICES, TO BE INELIGIBLE TO RECEIVE PUBLIC FUNDING FOR A PERIOD NOT TO
 EXCEED FIVE YEARS.
   B.  ANY  PROVIDER  WHICH  HAS BEEN DEEMED INELIGIBLE TO RECEIVE PUBLIC
 FUNDING PURSUANT TO THIS SECTION MAY APPLY  TO  THE  DEPARTMENT  FOR  AN
 ORDER  DISCONTINUING  SUCH  DISQUALIFICATION.  THE APPLICATION SHALL SET
 FORTH THE GROUNDS, INCLUDING THAT  THE  PROVIDER  HAS  TAKEN  SUFFICIENT
 ACTIONS TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED
 IN THE ACTIONS THAT FORMED THE BASIS OF THE VIOLATION, THAT THE PROVIDER
 HAS  TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO ENSURE THAT THE ACTIONS
 THAT FORMED THE BASIS OF THE VIOLATION ARE UNLIKELY TO RECUR,  AND  THAT
 IT WILL NOT BE IN THE PUBLIC INTEREST TO CONTINUE THE DISQUALIFICATION.
   §  2.  Section 131-a of the social services law is amended by adding a
 new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY, A HOMELESS INDIVIDUAL OR FAMILY APPLYING FOR OR RECEIVING
 TEMPORARY HOUSING ASSISTANCE, IN CITIES HAVING A  POPULATION  LESS  THAN
 ONE  MILLION,  TOWNS AND VILLAGES, SHALL NOT BE REQUIRED TO PAY ROOM AND
 BOARD OR CONTRIBUTE OR DEPOSIT ANY EARNED OR UNEARNED INCOME,  AVAILABLE
 BENEFITS  OR  RESOURCES  TO  ELIMINATE  THEIR NEED FOR TEMPORARY HOUSING
 ASSISTANCE OR AS A CONDITION TO  RECEIVE  TEMPORARY  HOUSING  ASSISTANCE
 FROM  SUCH  PROVIDER. FOR THE PURPOSES OF THIS SUBDIVISION, ANY PROVIDER
 OF TEMPORARY HOUSING ASSISTANCE OR SHORT-TERM HOUSING SHALL INCLUDE, BUT
 NOT BE LIMITED TO, A FAMILY SHELTER, A CLUSTER SITE APARTMENT, A SHELTER
 FOR ADULTS, A UNITED STATES DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT
 ASSISTED  TRANSITIONAL HOUSING SHELTER, A PUBLIC HOME, A HOTEL, AN EMER-
 GENCY APARTMENT, A DOMESTIC VIOLENCE SHELTER,  A  RUNAWAY  AND  HOMELESS
 YOUTH  SHELTER, A ROOM AND BOARD SHELTER, A SAFE HAVEN SHELTER, A VETER-
 ANS SHORT-TERM HOUSING SHELTER, A CRIMINAL  JUSTICE  SHORT-TERM  HOUSING
 SHELTER,  OR  A SAFE HOUSE FOR REFUGEES, ASYLEES, OR TRAFFICKING VICTIMS
 OPERATING IN NEW YORK STATE.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.