Senate Bill S4445

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4445
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, CARLUCCI, COMRIE -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Veterans, Homeland Security and Military Affairs
 
 AN  ACT  to  amend  the  executive law, the social services law, and the
   mental hygiene law, in relation to providing veterans' housing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 354-f
 to read as follows:
   § 354-F. VETERANS' HOUSING. 1.  FOR  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING  TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "VETERAN" MEANS A
 RESIDENT OF THIS STATE, WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL  OR
 AIR  SERVICE OF THE UNITED STATES OR THE NATIONAL GUARD AND WHO HAS BEEN
 RELEASED FROM SUCH SERVICE WITHOUT REGARD TO THE DURATION OF SERVICE  OR
 MANNER OF DISCHARGE, OR CITIZENSHIP;
   B.  "TRANSITIONAL  HOUSING"  MEANS  TEMPORARY HOUSING FOR VETERANS AND
 SHALL INCLUDE BRIDGE HOUSING AND SERVICE-INTENSIVE TRANSITIONAL HOUSING.
   C. "BRIDGE HOUSING" MEANS TRANSITIONAL HOUSING IN WHICH A VETERAN  MAY
 AWAIT PERMANENT HOUSING PLACEMENT. NO VETERAN SHALL BE REQUIRED TO SPEND
 MORE THAN NINETY DAYS IN BRIDGE HOUSING.
   D.  "SERVICE-INTENSIVE  HOUSING"  MEANS  TRANSITIONAL HOUSING IN WHICH
 VETERANS ARE PROVIDED SUPPORT AND RESOURCES TO ACTIVELY  SEEK  PERMANENT
 HOUSING.  SERVICE-INTENSIVE HOUSING SHALL PROVIDE VETERANS WITH GENERAL-
 IZED CASE-MANAGEMENT, CLINICALLY APPROPRIATE CARE, AND JOB TRAINING.
   E.  "PERMANENT  HOUSING" MEANS LONG-TERM HOUSING AND SHALL NOT INCLUDE
 BRIDGE HOUSING OR SERVICE-INTENSIVE HOUSING. PERMANENT  HOUSING  MAY  BE
 SUPPORTED THROUGH A LOCAL, STATE, OR FEDERAL HOUSING PROGRAM.
   F. "HOMELESS" MEANS A PERSON WHO IS UNDOMICILED OR UNSHELTERED, AND IS
 UNABLE TO SECURE PERMANENT OR STABLE HOUSING WITHOUT SPECIAL ASSISTANCE,
 AS DETERMINED BY THE DIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10421-01-9
              

 S. 4445                             2
 
   G.  "HOUSING  FIRST  PRINCIPLES" MEANS THE APPROACH ARTICULATED BY THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT  THAT  PRIOR-
 ITIZES  PLACEMENT  OF  HOMELESS INDIVIDUALS IN HOUSING WITHOUT PRECONDI-
 TIONS AND BARRIERS TO ENTRY, SUCH  AS  SOBRIETY,  TREATMENT  OR  SERVICE
 PARTICIPATION REQUIREMENTS.
   2. IN CONSULTATION WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 THE  OFFICE  FOR  TEMPORARY  DISABILITY ASSISTANCE, THE OFFICE OF MENTAL
 HEALTH, AND THE OFFICE FOR ALCOHOLISM AND SUBSTANCE ABUSE, THE  DIVISION
 SHALL  ENSURE  THAT  HOMELESS  VETERANS  ARE HOUSED ACCORDING TO FEDERAL
 HOUSING FIRST PRINCIPLES.
   3. THE DIVISION SHALL PROVIDE  IMMEDIATE  HOUSING  TO  EVERY  HOMELESS
 VETERAN  WHO  REQUESTS  TO  BE  HOUSED. SUCH HOUSING MAY BE TRANSITIONAL
 HOUSING OR PERMANENT HOUSING AND SHALL NOT BE  CONTINGENT  ON  SOBRIETY,
 MINIMUM  INCOME REQUIREMENTS, ABSENCE OF A CRIMINAL RECORD, OR ANY OTHER
 CONDITIONS DEEMED UNNECESSARY BY THE STATE DIRECTOR. LONG-TERM  SERVICE-
 INTENSIVE  HOUSING  SHALL ONLY BE PROVIDED IN LIMITED INSTANCES AND ONLY
 WHEN THE VETERAN SPECIFICALLY CHOOSES  TO  REMAIN  IN  SERVICE-INTENSIVE
 HOUSING  DESPITE  THE AVAILABILITY OF PERMANENT HOUSING. ANY VETERAN WHO
 CHOOSES LONG-TERM SERVICE-INTENSIVE HOUSING SHALL BE PROVIDED A  MONTHLY
 REVIEW OF ALL AVAILABLE SERVICES AND HOUSING OPTIONS. ABSENT A VETERAN'S
 CHOICE  TO  REMAIN  IN  SERVICE-INTENSIVE HOUSING, ALL HOMELESS VETERANS
 SHALL BE PLACED IN PERMANENT HOUSING AT THE FIRST AVAILABLE  OPPORTUNITY
 USING FEDERAL HOUSING FIRST PRINCIPLES.
   4.  THE  DIVISION  SHALL  PREPARE  AND PUBLISH AN ANNUAL REPORT ON ITS
 WEBSITE DETAILING THE RESOURCES, PLANS, PARTNERSHIPS, AND SYSTEM CAPACI-
 TY FOR HOUSING HOMELESS VETERANS. THE REPORT SHALL IDENTIFY ALL  SOURCES
 OF DATA UPON WHICH IT RELIED AND SHALL CONTAIN RECOMMENDATIONS ON HOW TO
 BETTER PROVIDE HOUSING AND RELATED SERVICES TO HOMELESS VETERANS.
   §  2.  Section  353  of  the  executive law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C. THE DIVISION SHALL CONSULT  WITH  THE  DIVISION  OF  HOUSING  AND
 COMMUNITY  RENEWAL,  THE  OFFICE OF TEMPORARY DISABILITY ASSISTANCE, THE
 OFFICE OF MENTAL HEALTH, AND THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE
 ABUSE  TO  PROVIDE  HOUSING  SERVICES  TO  HOMELESS VETERANS PURSUANT TO
 SECTION THREE HUNDRED FIFTY-FOUR-F OF THIS  ARTICLE.  THE  DIVISION  MAY
 CONSULT WITH MEMBERS OF THE COMMUNITY DEVOTED TO HELPING VETERANS OBTAIN
 HOUSING, EMPLOYMENT AND GENERAL SERVICES FOR THE SAME PURPOSE.
   §  3. Section 20 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9. THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE  SHALL  CONSULT
 WITH THE STATE DIRECTOR OF THE DIVISION OF VETERANS AFFAIRS, THE COMMIS-
 SIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE COMMISSION-
 ER OF THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE, THE COMMISSIONER OF
 THE OFFICE OF MENTAL HEALTH, AND THE COMMISSIONER OF THE OFFICE OF ALCO-
 HOLISM  AND  SUBSTANCE  ABUSE  TO  PROVIDE  HOUSING SERVICES TO HOMELESS
 VETERANS PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR-F OF THE EXECUTIVE
 LAW.
   § 4. Section 7.07 of the mental hygiene law is amended by adding a new
 subdivision (h) to read as follows:
   (H) THE OFFICE SHALL CONSULT WITH THE STATE DIRECTOR OF  THE  DIVISION
 OF  VETERANS  AFFAIRS,  THE  COMMISSIONER OF THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL, THE COMMISSIONER OF THE OFFICE OF TEMPORARY DISABILI-
 TY ASSISTANCE, AND THE COMMISSIONER OF  THE  OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE TO PROVIDE HOUSING SERVICES TO HOMELESS VETERANS PURSU-
 ANT TO SECTION THREE HUNDRED FIFTY-FOUR-F OF THE EXECUTIVE LAW.

 S. 4445                             3
 
   § 5. Section 19.07 of the mental hygiene law is amended  by  adding  a
 new subdivision (m) to read as follows:
   (M)  THE  OFFICE SHALL CONSULT WITH THE STATE DIRECTOR OF THE DIVISION
 OF VETERANS AFFAIRS, THE COMMISSIONER OF THE  DIVISION  OF  HOUSING  AND
 COMMUNITY RENEWAL, THE COMMISSIONER OF THE OFFICE OF TEMPORARY DISABILI-
 TY  ASSISTANCE,  AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH TO
 PROVIDE HOUSING SERVICES TO HOMELESS VETERANS PURSUANT TO SECTION  THREE
 HUNDRED FIFTY-FOUR-F OF THE EXECUTIVE LAW.
   § 6. This act shall take effect immediately.