S T A T E O F N E W Y O R K
________________________________________________________________________
2375
2019-2020 Regular Sessions
I N S E N A T E
January 24, 2019
___________
Introduced by Sens. KRUEGER, ADDABBO, BIAGGI, BRESLIN, PERSAUD, THOMAS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Social Services
AN ACT to amend the social services law, in relation to home stability
support programs
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
131-bb to read as follows:
§ 131-BB. HOME STABILITY SUPPORT PROGRAM. 1. (A) NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, EACH LOCAL SOCIAL SERVICES
DISTRICT SHALL PROVIDE A SHELTER SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND
FAMILIES TO PREVENT EVICTION AND ADDRESS HOMELESSNESS IN ACCORDANCE WITH
THIS SECTION.
(B) FOR THE PURPOSES OF THIS SECTION:
(I) "HOMELESS" SHALL MEAN THE LACK OF A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A
PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR
SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABAN-
DONED BUILDING, BUS OR TRAIN STATION, AIRPORT OR CAMPGROUND OR OTHER
PLACES NOT MEANT FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY
OR PRIVATELY OPERATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING
ARRANGEMENTS (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR
LOCAL GOVERNMENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE
ORGANIZATIONS, CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN
INSTITUTION WHERE THEY RESIDED AND WILL LACK A REGULAR FIXED AND
ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; OR ARE AN UNAC-
COMPANIED YOUTH AND HOMELESS FAMILIES WITH CHILDREN AND YOUTH DEFINED AS
HOMELESS UNDER EITHER THIS PARAGRAPH OR FEDERAL STATUTE WHO HAVE EXPERI-
ENCED A LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN PERMANENT HOUS-
ING; HAVE EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01072-01-9
S. 2375 2
MOVES; AND CAN BE EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH
OR MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A
DISABILITY, OR MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR
LIFE-THREATENING CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO
VIOLENCE AGAINST AN INDIVIDUAL OR A FAMILY MEMBER; AND
(II) "IMMINENT LOSS OF HOUSING" SHALL MEAN HAVING RECEIVED A VERIFIED
RENT DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER
RESULTING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY
THAT THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO
HAZARDOUS CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPO-
SURE, MOLD, AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A
ROOM IN A HOTEL OR MOTEL AND LACK THE RESOURCES NECESSARY TO STAY;
FACING LOSS OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING
IN THE HOME OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUS-
ING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER,
THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS
OF HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY;
OR, FLEEING, OR ATTEMPTING TO FLEE, DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-
THREATENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR
A FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL
OR FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
CIENT TO ESTABLISH ELIGIBILITY.
2. (A) EACH LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE A SHELTER
SUPPLEMENT TO ELIGIBLE INDIVIDUALS AND FAMILIES AS DEFINED IN SUBDIVI-
SION THREE OF THIS SECTION IN AN AMOUNT EQUAL TO EIGHTY-FIVE PERCENT OF
THE FAIR MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE FEDERAL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE PARTICULAR UNIT
SIZE. THE SHELTER SUPPLEMENT SHALL BE ISSUED BY THE LOCAL SOCIAL
SERVICES DISTRICT DIRECTLY TO THE LANDLORD OR VENDOR.
(B) A LOCAL SOCIAL SERVICES DISTRICT MAY ALSO PROVIDE AN ADDITIONAL
SUPPLEMENT IN EXCESS OF EIGHTY-FIVE PERCENT OF THE FAIR MARKET RENT, UP
TO ONE HUNDRED PERCENT OF THE FAIR MARKET RENT IN THE DISTRICT, AS
ESTABLISHED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
PROVIDED, HOWEVER, THE COST OF THE ADDITIONAL SUPPLEMENT SHALL BE PAID
BY THE LOCAL SOCIAL SERVICES DISTRICT.
(C) AS PART OF THE SUPPLEMENT REFERENCED IN THIS SUBDIVISION, WHEN AN
ELIGIBLE RECIPIENT, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION,
INCURS SEPARATE FUEL FOR HEATING EXPENSES, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL PROVIDE ADDITIONAL FUNDS TO COVER SUCH EXPENSES, IN
EXCESS OF THE AMOUNT ALREADY REQUIRED FOR SHELTER COSTS PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION. SUCH HEATING ALLOWANCE SHALL BE
EQUIVALENT TO THE FULL AMOUNT OF FUEL FOR HEATING EXPENSES, AND SHALL BE
MADE DIRECTLY TO THE VENDOR ON BEHALF OF THE RECIPIENT. ANY EXPENSES
INCURRED BY THE LOCAL SOCIAL SERVICES DISTRICT THAT ARE (I) IN EXCESS OF
A RECIPIENT'S FUEL FOR HEATING ALLOWANCE AUTHORIZED PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE; (II) MADE PURSUANT TO SECTION NINETY-SEVEN OF THIS CHAPTER; OR
(III) TO COVER ANY ARREARS PAYMENTS MADE TO RESTORE HEATING SERVICES OR
TO PREVENT A SHUT-OFF, SHALL NOT BE RECOUPABLE.
(D) INDIVIDUALS NOT IN RECEIPT OF PUBLIC ASSISTANCE, RESIDING IN A
HOUSEHOLD THAT IS BENEFITING FROM A SHELTER SUPPLEMENT UNDER THIS
SECTION SHALL BE REQUIRED TO CONTRIBUTE THIRTY PERCENT OF THEIR GROSS
INCOME, OR THEIR PRO RATA SHARE OF THE RENT, WHICHEVER IS LESS. MINOR
S. 2375 3
CHILDREN WITHOUT INCOME SHALL NOT BE COUNTED IN THE PRO RATA SHARE
EQUATION. IN ADDITION, THE INCOME OF MINOR CHILDREN SHALL NOT BE CONSID-
ERED PART OF THE GROSS INCOME.
(E) ANY SUPPLEMENT OR ALLOWANCE PROVIDED UNDER THIS SECTION SHALL NOT
BE CONSIDERED TO BE PART OF THE STANDARD OF NEED AS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE.
(F) IN THE EVENT THAT THE LOCAL SOCIAL SERVICES DISTRICT DETERMINES
THAT PAYMENT OF RENTAL ARREARS WOULD PREVENT HOMELESSNESS AND SUBSE-
QUENTLY PAYS SUCH ARREARS, SUCH PAYMENTS SHALL NOT BE RECOUPABLE.
3. (A) FOR THE PERIOD BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY
UNTIL SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-ONE, INDIVIDUALS, OR
FAMILIES, WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE, ARE EITHER HOMELESS OR
FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT CURRENTLY RECEIVING ANOTH-
ER SHELTER SUPPLEMENT SHALL BE ELIGIBLE FOR THE SHELTER SUPPLEMENT
PROVIDED UNDER THIS SECTION.
(B) ON AND AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-ONE, INDIVIDUALS
OR FAMILIES WHO ARE ELIGIBLE FOR PUBLIC ASSISTANCE AND ARE (I) HOMELESS
OR FACE AN IMMINENT LOSS OF HOUSING, AND ARE NOT CURRENTLY RECEIVING
ANOTHER SHELTER SUPPLEMENT; OR (II) CURRENTLY IN RECEIPT OF A SHELTER
SUPPLEMENT, OTHER THAN A SUPPLEMENT REQUIRED BY THIS SECTION, THAT IS
BEING TRANSFERRED TO THE HOME STABILITY SUPPORT PROGRAM PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION, SHALL BE ELIGIBLE FOR THE SHELTER
SUPPLEMENT PROVIDED UNDER THIS SECTION.
4. (A) LOCAL SOCIAL SERVICES DISTRICTS SHALL PROVIDE THE SHELTER
SUPPLEMENT REQUIRED UNDER THIS SECTION FOR UP TO FIVE YEARS, PROVIDED
SUCH INDIVIDUALS OR FAMILIES ARE OTHERWISE ELIGIBLE FOR PUBLIC ASSIST-
ANCE. A SHELTER SUPPLEMENT MAY BE PROVIDED FOR AN ADDITIONAL LENGTH OF
TIME FOR GOOD CAUSE.
(B) IF AN INDIVIDUAL OR FAMILY RECEIVING THE SHELTER SUPPLEMENT IS NO
LONGER ELIGIBLE FOR PUBLIC ASSISTANCE, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL CONTINUE TO PROVIDE THE SHELTER SUPPLEMENT, AND IF APPRO-
PRIATE HEATING ALLOWANCE, FOR ONE YEAR FROM THE DATE OF SUCH DETERMI-
NATION, SO LONG AS THEIR INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF
THE FEDERAL POVERTY LEVEL.
5. THE SHELTER SUPPLEMENT AND HEATING ALLOWANCE SHALL NOT BE AFFECTED
BY A RECIPIENT'S SANCTION STATUS.
6. (A) THE COMMISSIONER SHALL CONTRACT WITH NOT-FOR-PROFIT AGENCIES,
THAT HAVE EXPERIENCE PROVIDING SUPPORT SERVICES TO THE HOMELESS AND
AT-RISK OF HOMELESSNESS POPULATIONS, FOR THE PURPOSE OF PROVIDING HOME
STABILITY SUPPORT SERVICES. SUCH SERVICES SHALL ASSIST ELIGIBLE RECIPI-
ENTS, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, IN AVOIDING HOME-
LESSNESS AND ACHIEVING LONG-TERM HOUSING STABILITY. SUCH SERVICES SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) SERVICES TO RESOLVE CONFLICTS BETWEEN LANDLORDS AND TENANTS AND TO
FACILITATE FAIR AND WORKABLE SOLUTIONS;
(II) REFERRALS TO LEGAL SERVICES TO HOUSEHOLDS THREATENED WITH THE
LOSS OF THEIR HOMES THROUGH EVICTION, HARASSMENT OR OTHER MEANS;
(III) BENEFIT/ENTITLEMENT ADVOCACY TO ENSURE THAT HOUSEHOLDS ARE
RECEIVING ALL FEDERAL, STATE AND LOCAL BENEFITS TO WHICH THEY ARE ENTI-
TLED, SUCH AS TEMPORARY ASSISTANCE TO NEEDY FAMILIES, SAFETY NET ASSIST-
ANCE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, SUPPLEMENTAL SECURITY
INCOME, RENT SECURITY DEPOSITS, FURNITURE AND HOUSEHOLD MOVING EXPENSES,
MEDICAL ASSISTANCE; AND
(IV) RELOCATION ASSISTANCE WHICH PROVIDES FOR THE IDENTIFICATION OF
AND REFERRAL TO PERMANENT AND HABITABLE HOUSING, TRANSPORTATION
S. 2375 4
SERVICES, LANDLORD/TENANT LEASE NEGOTIATION SERVICES AND ASSISTANCE IN
ESTABLISHING UTILITY SERVICES.
(B) THE COMMISSIONER SHALL ISSUE A REQUEST-FOR-PROPOSAL FOR HOME
STABILITY SUPPORT SERVICES. THE REQUEST-FOR-PROPOSAL SHALL INCLUDE:
(I) A DESCRIPTION OF THE HOME STABILITY SUPPORT SERVICES TO BE
PROVIDED, INCLUDING PROCEDURES FOR INTAKE, REFERRAL, OUTREACH, THE
PROVISION OF SERVICES, FOLLOW-UP AND ANTICIPATED OUTCOMES;
(II) A DESCRIPTION OF THE MANNER IN WHICH COORDINATION WITH OTHER
FEDERAL, STATE, LOCAL AND PRIVATELY FUNDED SERVICES WILL BE ACHIEVED;
AND
(III) A DESCRIPTION OF HOW THE SERVICES WILL BE DESIGNED TO ASSIST
HOUSEHOLDS TO ACHIEVE HOUSING STABILITY.
(C) PRIOR TO ENTERING INTO A CONTRACT PURSUANT TO THIS SUBDIVISION,
THE COMMISSIONER SHALL DETERMINE THAT THE ELIGIBLE APPLICANT IS A BONA
FIDE ORGANIZATION WHICH SHALL HAVE DEMONSTRATED BY ITS PAST AND CURRENT
ACTIVITIES THAT IT HAS THE ABILITY TO PROVIDE SUCH SERVICES, THAT THE
ORGANIZATION IS FINANCIALLY RESPONSIBLE AND THAT THE PROPOSAL IS APPRO-
PRIATE FOR THE NEEDS OF HOUSEHOLDS TO BE SERVED.
7. THE HOME STABILITY SUPPORT PROGRAM SHALL PROVIDE FOR UP TO A TOTAL
OF FOURTEEN THOUSAND NEW SHELTER SUPPLEMENTS A YEAR STATEWIDE, AND FUNDS
SHALL BE DISTRIBUTED TO EACH LOCAL SOCIAL SERVICES DISTRICT BASED ON
THEIR PRO RATA SHARE OF HOUSEHOLDS BELOW THE FEDERAL POVERTY LEVEL IN
THE STATE, USING THE MOST RECENT UNITED STATES CENSUS DATA AS OF APRIL
FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THEREAFTER.
8. IF LOCAL SOCIAL SERVICES DISTRICTS OFFER A SHELTER SUPPLEMENT NOT
REQUIRED BY THIS SECTION, SUCH DISTRICTS MAY UTILIZE SUPPLEMENTS AVAIL-
ABLE UNDER THIS SECTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-
ONE, TO TRANSFER ELIGIBLE RECIPIENTS AS DEFINED IN SUBPARAGRAPH (II) OF
PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION INTO THE HOME STABIL-
ITY SUPPORT PROGRAM. PROVIDED, HOWEVER, A DISTRICT SHALL NOT ALLOCATE
ONE HUNDRED PERCENT OF THEIR SHELTER SUPPLEMENTS PROVIDED UNDER THIS
SECTION TO EXISTING SUPPLEMENT RECIPIENTS, UNLESS THERE IS NO CURRENT OR
UNMET NEED FOR SUPPLEMENTS AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION IN SUCH DISTRICT.
9. THE COMMISSIONER SHALL ISSUE A REPORT ON THE HOME STABILITY SUPPORT
PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, THE CHAIRS OF THE SENATE AND ASSEMBLY SOCIAL
SERVICES COMMITTEES, AND THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE AND THE SENATE FINANCE COMMITTEE ON OR BEFORE OCTOBER FIRST OF
EACH YEAR, STARTING OCTOBER FIRST, TWO THOUSAND TWENTY-TWO, REGARDING
THE EFFECTIVENESS OF THE PROGRAM, BASED ON THE INFORMATION PROVIDED FROM
THE LOCAL SOCIAL SERVICES DISTRICTS. EACH LOCAL DISTRICT, UPON THE
REQUEST OF THE OFFICE, SHALL PROVIDE THE OFFICE THE NECESSARY DATA FOR
THE COMPLETION OF THE REPORT. EACH REPORT SHALL INCLUDE THE FOLLOWING
INFORMATION FOR EACH DISTRICT:
(A) THE NUMBER OF INDIVIDUALS PARTICIPATING IN THE PROGRAM;
(B) FACTORS CONTRIBUTING TO HOUSEHOLDS EXPERIENCING HOUSING ISSUES,
INCLUDING, BUT NOT LIMITED TO, HEALTH AND SAFETY AND BUDGETING
CONSTRAINTS;
(C) TOTAL FUNDING UTILIZED;
(D) ESTIMATED AVOIDED COSTS IN TEMPORARY SHELTER; AND
(E) ANY OTHER INFORMATION OR AVAILABLE DATA THAT THE COMMISSIONER
DEEMS RELEVANT AND NECESSARY FOR COMPREHENSIVE EVALUATION OF THE CURRENT
NEED OF ENTITLEMENTS FOR PUBLIC ASSISTANCE RECIPIENTS.
§ 2. Section 153 of the social services law is amended by adding a new
subdivision 13 to read as follows:
S. 2375 5
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ONE
HUNDRED PERCENT OF COSTS FOR SHELTER SUPPLEMENTS INCLUDING COSTS FOR
HEATING EXPENSES, AND HOME STABILITY SUPPORT SERVICES REQUIRED BY
SECTION ONE HUNDRED THIRTY-ONE-BB OF THIS ARTICLE SHALL BE SUBJECT TO
REIMBURSEMENT BY THE STATE, AS FOLLOWS:
(A) BY FEDERAL FUNDS THAT CAN BE PROPERLY APPLIED TO SUCH EXPENDI-
TURES; AND
(B) THE REMAINDER TO BE PAID BY STATE FUNDS.
§ 3. This act shall take effect on April 1, 2020.
