Assembly Bill A2585

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2585
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. HEVESI, REYES, LAVINE, CRUZ, JOYNER, MONTESANO,
   GOTTFRIED, NIOU, SIMON, HUNTER, EPSTEIN, SEAWRIGHT --  Multi-Sponsored
   by  -- M. of A. FRONTUS, J. M. GIGLIO -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to eliminating rent
   for homeless shelters; and to repeal certain provisions  of  such  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 36-c of the social services law is REPEALED.
   § 2. 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,  INCLUDING
 BUT  NOT  LIMITED TO THOSE DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE
 HUNDRED THIRTY-ONE-A OF THIS TITLE FROM  REQUIRING  RECIPIENTS  OF  SUCH
 ASSISTANCE  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.
   22. A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER FOUND TO BE  COLLECT-
 ING  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01514-01-1

 A. 2585                             2
 
 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.
   §  3.  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 SHALL NOT BE REQUIRED TO PAY ROOM AND BOARD
 OR CONTRIBUTE 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 EMERGENCY APARTMENT, A
 DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, A  ROOM
 AND  BOARD  SHELTER, A SAFE HAVEN SHELTER, A VETERANS 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.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.