S T A T E O F N E W Y O R K
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5444
2019-2020 Regular Sessions
I N A S S E M B L Y
February 12, 2019
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Introduced by M. of A. TITUS, COOK, PAULIN, CAHILL, LAVINE -- Multi-
Sponsored by -- M. of A. 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.
§ 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.
LBD05866-01-9
A. 5444 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.
§ 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.
§ 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. 5444 3
SECTION SHALL NOT BE CONSIDERED FOR THE PURPOSE OF DETERMINING ELIGIBIL-
ITY FOR PUBLIC ASSISTANCE OR MEDICAL ASSISTANCE FOR NEEDY PERSONS.
§ 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 TWENTY-ONE 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 GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY A REPORT DETAILING PROGRESS AND EVALUATING RESULTS, TO DATE, OF THE
PROGRAM.
§ 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.