S T A T E O F N E W Y O R K
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3555
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
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Introduced by M. of A. HEVESI -- 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 in cities with a population of one million or
more; 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 Section 36-c of the social services law is REPEALED.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 IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, 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 RECEIV-
ING 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 HOUSING ASSISTANCE FROM SUCH
PROVIDER. NOTHING HEREIN SHALL PREVENT THE PROVIDER OF TEMPORARY HOUSING
ASSISTANCE FROM KEEPING SUCH CONSENT ELECTRONICALLY.
22. A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER, IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01596-01-1
A. 3555 2
NOTICE AND AN OPPORTUNITY TO BE HEARD BY THE DEPARTMENT, BE REQUIRED TO
RETURN ANY FUNDS COLLECTED IN VIOLATION OF THIS SECTION TO SUCH RECIPI-
ENT 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.
§ 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, IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, SHALL NOT BE REQUIRED TO PAY ROOM AND BOARD OR CONTRIB-
UTE 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 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.