Assembly Bill A3918A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3918
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. CYMBROWITZ, FAHY, O'DONNELL, TAYLOR, CARROLL,
   WOERNER, SIMON, RAMOS, DICKENS,  GRIFFIN,  GOTTFRIED,  WEPRIN,  ROZIC,
   GLICK,  SEAWRIGHT,  HEVESI,  RODRIGUEZ, EPSTEIN, NOLAN, THIELE, BRAUN-
   STEIN, CAHILL, MAGNARELLI, BRONSON -- read once and  referred  to  the
   Committee on Housing

 AN  ACT  to  amend the public housing law, in relation to establishing a
   COVID-19 emergency rental assistance program
 
   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
 14 to read as follows:
                                ARTICLE XIV
               COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM
 SECTION 600. LEGISLATIVE FINDINGS.
         601. DEFINITIONS.
         602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL ASSISTANCE.
         603. ELIGIBILITY.
         604. PAYMENT OF EMERGENCY VOUCHERS.
         605. RENTAL OBLIGATION.
         606. ASSISTANCE PAYMENT.
         607. VERIFICATION OF INCOME AND ASSETS.
         608. HOUSING ASSISTANCE PAYMENT CONTRACTS FOR UNITS NEWLY RENTED
                FOR HOMELESS INDIVIDUALS AND FAMILIES.
         609. INSPECTION OF UNITS NEWLY RENTED FOR  HOMELESS  INDIVIDUALS
                AND FAMILIES.
         610. HOUSING OBLIGATIONS.
         611. REPORTS BY THE COMMISSIONER.
   §  600.  LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST TO ENSURE THAT NEW YORKERS ARE NOT RENDERED HOMELESS  OR
 SEVERELY FINANCIALLY BURDENED BECAUSE OF AN INABILITY TO PAY THE COST OF
 HOUSING AND OTHER NECESSITIES DUE TO LOSS OF INCOME RELATED TO THE WIDE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06457-01-1

 A. 3918                             2
 
 SPREAD  OUTBREAK  OF  THE  CORONAVIRUS COMMONLY KNOWN AS COVID-19.   THE
 LEGISLATURE FURTHER FINDS THAT THE OUTBREAK OF COVID-19 HAS  EXACERBATED
 THE HEALTH RISKS ASSOCIATED WITH BEING HOMELESS AND THAT THERE IS A NEED
 FOR INCREASED FUNDING TO PROVIDE PERMANENT HOUSING FOR HOMELESS INDIVID-
 UALS  AND  FAMILIES AS AN ESSENTIAL PART OF THE STATE'S EFFORTS TO MITI-
 GATE THE THREAT OF COVID-19 TO PUBLIC HEALTH.   THE LEGISLATURE  FURTHER
 FINDS THAT PROVIDING FUNDING FOR INDIVIDUALS, FAMILIES AND HOUSEHOLDS TO
 PAY  RENT  THAT THEY WOULD OTHERWISE HAVE DIFFICULTY PAYING WILL PROMOTE
 THE STABILITY AND PROPER MAINTENANCE OF THE  HOUSING  STOCK  AND  ASSIST
 COMMUNITIES  IN  RECOVERING FROM THE ADVERSE SOCIAL AND ECONOMIC EFFECTS
 OF THE COVID-19 OUTBREAK.
   § 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "ADJUSTED INCOME" SHALL MEAN INCOME MINUS ANY DEDUCTIONS  ALLOWABLE
 AT THE DISCRETION OF THE COMMISSIONER PURSUANT TO THIS SECTION.
   (A) THE CALCULATION OF INCOME PERFORMED AT THE TIME OF APPLICATION FOR
 SUCH  ASSISTANCE  SHALL CONSIDER ONLY INCOME THAT THE INDIVIDUAL, FAMILY
 OR HOUSEHOLD IS CURRENTLY RECEIVING AT SUCH TIME AND ANY INCOME RECENTLY
 TERMINATED  SHALL  NOT  BE  INCLUDED;  (B)  THE  CALCULATION  OF  INCOME
 PERFORMED  WITH RESPECT TO INDIVIDUALS, FAMILIES OR HOUSEHOLDS RECEIVING
 ONGOING ASSISTANCE THREE MONTHS  AFTER  INITIAL  RECEIPT  OF  ASSISTANCE
 SHALL  CONSIDER  ONLY  THE INCOME THAT THE HOUSEHOLD IS RECEIVING AT THE
 TIME OF SUCH REVIEW; AND (C) THE CALCULATION OF  INCOME  PERFORMED  WITH
 RESPECT  TO INDIVIDUALS, FAMILIES OR HOUSEHOLDS RECEIVING ASSISTANCE FOR
 ARREARAGES SHALL CONSIDER ONLY THE INCOME THAT THE INDIVIDUAL, FAMILY OR
 HOUSEHOLD WAS RECEIVING AT THE TIME SUCH ARREARAGES WERE INCURRED.
   2. "AT RISK OF HOMELESSNESS" SHALL MEAN, WITH RESPECT TO  AN  INDIVID-
 UAL, FAMILY, OR HOUSEHOLD, THAT THE INDIVIDUAL, FAMILY, OR HOUSEHOLD (A)
 HAS  AN INCOME BELOW ONE HUNDRED TWENTY PERCENT OF THE MEDIAN INCOME FOR
 THE AREA AS DETERMINED BY THE UNITED STATES  SECRETARY  OF  HOUSING  AND
 URBAN DEVELOPMENT; AND
   (B)  HAS  AN  INABILITY TO ATTAIN OR MAINTAIN HOUSING STABILITY OR HAS
 INSUFFICIENT RESOURCES TO PAY FOR RENT OR  UTILITIES  DUE  TO  FINANCIAL
 HARDSHIPS.
   3. "COVERED PERIOD" MEANS MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE
 DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED
 PUBLIC  OR  PRIVATE  BUSINESSES  OR  PLACES  OF PUBLIC ACCOMMODATION, OR
 REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF
 INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3,
 202.4,  202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14  OF
 TWO  THOUSAND  TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND
 202.31 AND AS FURTHER EXTENDED BY EXECUTIVE ORDER NUMBER 202.79 AND  ANY
 FUTURE  EXECUTIVE  ORDER,  ISSUED  IN  RESPONSE TO THE COVID-19 PANDEMIC
 CONTINUE TO APPLY IN THE COUNTY OF THE  INDIVIDUAL,  FAMILY,  OR  HOUSE-
 HOLD'S RESIDENCE.
   4.  "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH RENTAL
 AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
 ANT TO 42 USC 1437F.
   5.  (A)  "FAMILY"  SHALL  MEAN  A  GROUP OF PERSONS LIVING IN THE SAME
 HOUSEHOLD WHO:
   (I) ARE RELATED BY BIRTH, MARRIAGE, OR ADOPTION. THIS GROUP  INCLUDES,
 BUT  IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A CHILD WHO IS
 TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN  FOSTER  CARE  IS
 CONSIDERED  A  MEMBER  OF THE FAMILY), AN ELDERLY FAMILY, A NEAR-ELDERLY
 FAMILY, A DISABLED FAMILY, A DISPLACED FAMILY, OR THE  REMAINING  MEMBER
 OF A TENANT FAMILY; OR

 A. 3918                             3
 
   (II)  ARE  TWO  OR  MORE  INDIVIDUALS  WHO  ARE  NOT RELATED BY BLOOD,
 MARRIAGE, ADOPTION, OR OTHER OPERATION OF LAW, BUT WHO  CAN  DEMONSTRATE
 THAT  THEY HAVE LIVED TOGETHER PREVIOUSLY AND CERTIFY THAT EACH INDIVID-
 UAL'S INCOME AND OTHER RESOURCES WILL BE AVAILABLE TO MEET THE NEEDS  OF
 THE FAMILY.
   (B)  EACH  FAMILY SHALL IDENTIFY THE INDIVIDUALS TO BE INCLUDED IN THE
 FAMILY AT THE TIME OF APPLICATION, AND SHALL UPDATE THIS INFORMATION  IF
 THE FAMILY'S COMPOSITION CHANGES.
   (C)  THE  COMMISSIONER  SHALL  HAVE THE DISCRETION TO DETERMINE IF ANY
 OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   6. (A) "HOMELESS" SHALL MEAN:
   (I) AN INDIVIDUAL OR FAMILY WHO LACKS A FIXED, REGULAR,  AND  ADEQUATE
 NIGHTTIME RESIDENCE;
   (II)  AN  INDIVIDUAL OR FAMILY WITH 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,
 ABANDONED BUILDING, BUS OR TRAIN STATION, AIRPORT, OR CAMPING GROUND;
   (III) AN INDIVIDUAL OR FAMILY  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, AND TRANSITIONAL HOUSING;
   (IV)  AN  INDIVIDUAL  WHO  RESIDED IN A SHELTER OR PLACE NOT MEANT FOR
 HUMAN HABITATION AND WHO IS EXITING  AN  INSTITUTION  WHERE  HE  OR  SHE
 TEMPORARILY RESIDED;
   (V) AN INDIVIDUAL OR FAMILY WHO:
   (1)  WILL  IMMINENTLY  LOSE THEIR HOUSING, INCLUDING HOUSING THEY OWN,
 RENT, OR LIVE IN WITHOUT PAYING RENT, ARE SHARING WITH OTHERS, AND ROOMS
 IN HOTELS OR MOTELS NOT PAID FOR BY FEDERAL, STATE, OR LOCAL  GOVERNMENT
 PROGRAMS  FOR  LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS, AS
 EVIDENCED BY:
   (A) A COURT ORDER RESULTING FROM AN EVICTION ACTION THAT NOTIFIES  THE
 INDIVIDUAL OR FAMILY THAT THEY MUST LEAVE WITHIN FOURTEEN DAYS;
   (B) THE INDIVIDUAL OR FAMILY HAVING A PRIMARY NIGHTTIME RESIDENCE THAT
 IS  A  ROOM IN A HOTEL OR MOTEL AND WHERE THEY LACK THE RESOURCES NECES-
 SARY TO RESIDE THERE FOR MORE THAN FOURTEEN DAYS; OR
   (C) CREDIBLE EVIDENCE INDICATING THAT THE OWNER OR RENTER OF THE HOUS-
 ING WILL NOT ALLOW THE INDIVIDUAL OR FAMILY TO STAY FOR MORE THAN  FOUR-
 TEEN  DAYS,  AND ANY ORAL STATEMENT FROM AN INDIVIDUAL OR FAMILY SEEKING
 HOMELESS ASSISTANCE THAT IS FOUND TO BE  CREDIBLE  SHALL  BE  CONSIDERED
 CREDIBLE EVIDENCE FOR PURPOSES OF THIS CLAUSE;
   (2) HAS NO SUBSEQUENT RESIDENCE IDENTIFIED; AND
   (3)  LACKS  THE  RESOURCES  OR SUPPORT NETWORKS NEEDED TO OBTAIN OTHER
 PERMANENT HOUSING; AND
   (VI) UNACCOMPANIED YOUTH AND HOMELESS FAMILIES WITH CHILDREN AND YOUTH
 DEFINED AS HOMELESS UNDER OTHER FEDERAL STATUTES WHO:
   (1) HAVE EXPERIENCED A LONG TERM PERIOD WITHOUT  LIVING  INDEPENDENTLY
 IN PERMANENT HOUSING;
   (2)  HAVE  EXPERIENCED  PERSISTENT INSTABILITY AS MEASURED BY FREQUENT
 MOVES OVER SUCH PERIOD; AND
   (3) 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.

 A. 3918                             4
 
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  COMMIS-
 SIONER  SHALL  CONSIDER  TO  BE HOMELESS ANY INDIVIDUAL OR FAMILY WHO IS
 FLEEING, OR IS ATTEMPTING TO FLEE, DOMESTIC VIOLENCE,  DATING  VIOLENCE,
 SEXUAL  ASSAULT, STALKING, OR OTHER DANGEROUS OR LIFE-THREATENING CONDI-
 TIONS IN THE INDIVIDUAL'S OR FAMILY'S CURRENT HOUSING SITUATION, INCLUD-
 ING  WHERE  THE  HEALTH  AND SAFETY OF CHILDREN ARE JEOPARDIZED, AND WHO
 HAVE NO OTHER RESIDENCE AND LACK THE RESOURCES OR  SUPPORT  NETWORKS  TO
 OBTAIN OTHER PERMANENT HOUSING.
   7.  "INCOME"  SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE
 FAMILY OR HOUSEHOLD,  INCLUDING  ALL  WAGES,  TIPS,  OVER-TIME,  SALARY,
 RECURRING  GIFTS,  RETURNS  ON  INVESTMENTS,  WELFARE ASSISTANCE, SOCIAL
 SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS,  UNEMPLOYMENT  BENEFITS,  ANY
 BENEFIT,  PAYMENT  OR  CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL
 PAYMENTS, ANY PAYMENTS WHOSE PURPOSE IS TO REPLACE LOST INCOME, AND  ANY
 OTHER  GOVERNMENT  BENEFIT  OR  CASH  GRANT. THE TERM "INCOME" SHALL NOT
 INCLUDE:  EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS  OF  AGE,
 EMPLOYMENT  INCOME  FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER WHO ARE
 FULL-TIME STUDENTS, FOSTER  CARE  PAYMENTS,  SPORADIC  GIFTS,  GROCERIES
 PROVIDED  BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM BENEFITS, EARNED  INCOME  DISREGARD,  OR  THE  EARNED
 INCOME TAX CREDIT.
   8.  "MANUFACTURED  HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
   9. "OCCUPANT" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION  TWO
 HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
   10.  "PUBLIC  HOUSING  AGENCY" SHALL MEAN ANY COUNTY, MUNICIPALITY, OR
 OTHER GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO  ADMINIS-
 TER  ANY PUBLIC HOUSING PROGRAM, OR AN AGENCY OR INSTRUMENTALITY OF SUCH
 AN ENTITY, AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMIN-
 ISTERS ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
   11. "RENT" SHALL MEAN RENT AS DEFINED BY SECTION SEVEN HUNDRED TWO  OF
 THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND SUBJECT TO PROCEEDINGS
 UNDER  ARTICLE  SEVEN  OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW,
 INCLUDING STATUTORY RENTS  AND  MAINTENANCE  FEES  PAID  PURSUANT  TO  A
 PROPRIETARY LEASE ON A CO-OPERATIVE DWELLING UNIT.
   §  602.  AUTHORITY  TO  IMPLEMENT  EMERGENCY RENTAL ASSISTANCE. 1. THE
 COMMISSIONER, AS SOON AS PRACTICABLE AND SUBJECT TO THE APPROPRIATION OF
 FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM OF  RENTAL  ASSISTANCE
 IN THE FORM OF EMERGENCY VOUCHERS FOR THOSE ELIGIBLE PURSUANT TO SECTION
 SIX  HUNDRED  THREE  OF THIS ARTICLE.  THE COMMISSIONER MAY DELEGATE THE
 ADMINISTRATION OF PORTIONS OF THIS PROGRAM TO ANY STATE  AGENCY,  PUBLIC
 HOUSING  AGENCY,  CITY,  COUNTY,  TOWN,  OR  NON-PROFIT  ORGANIZATION IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE  COMMISSIONER  SHALL
 DELEGATE  THE ADMINISTRATION OF THIS PROGRAM FOR THE CITY OF NEW YORK TO
 A PUBLIC HOUSING AGENCY OR AGENCIES OPERATING SOLELY IN THE CITY OF  NEW
 YORK.  ANY  STATE  AGENCY, PUBLIC HOUSING AGENCY, CITY, COUNTY, TOWN, OR
 NON-PROFIT ORGANIZATION  DELEGATED  TO  ADMINISTER  THIS  PROGRAM  SHALL
 RECEIVE  AN ADMINISTRATIVE FEE TO COVER THE COSTS OF ADMINISTRATION. THE
 COMMISSIONER MAY PROVIDE TECHNICAL OR ADMINISTRATIVE SUPPORT  TO  ASSIST
 ANY STATE AGENCY, PUBLIC HOUSING AGENCY, CITY, COUNTY, TOWN, OR NON-PRO-
 FIT  ORGANIZATION  TO PROVIDE EMERGENCY RENTAL ASSISTANCE RELATED TO THE
 OUTBREAK OF COVID-19 WITH FUNDING ALLOCATED BY THE FEDERAL GOVERNMENT TO
 SUCH PUBLIC HOUSING AGENCY, CITY, COUNTY, OR TOWN, OR NON-PROFIT  ORGAN-
 IZATION.
   2.  PURSUANT TO 8 U.S.C. 1621(D), ANY INDIVIDUAL, FAMILY, OR HOUSEHOLD
 WHO WOULD BE ELIGIBLE BUT FOR 8 U.S.C. 1621(A) FOR STATE OR LOCAL  BENE-

 A. 3918                             5
 
 FITS FOR EMERGENCY RENTAL ASSISTANCE SHALL BE ELIGIBLE FOR SUCH BENEFITS
 DURING  THE  COVERED PERIOD, AND FOR A PERIOD OF UP TO TWO YEARS IF SUCH
 INDIVIDUAL, FAMILY, OR HOUSEHOLD BECOMES ELIGIBLE FOR SUCH BENEFITS  DUE
 TO HOMELESSNESS.
   §  603.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR THIS PROGRAM.
   1. AN INDIVIDUAL, FAMILY OR  HOUSEHOLD  SHALL  BE  ELIGIBLE  FOR  THIS
 PROGRAM IF:
   (A)  THE  INDIVIDUAL,  FAMILY, OR HOUSEHOLD IS A TENANT OR OCCUPANT IN
 THEIR PRIMARY RESIDENCE IN THE STATE OF NEW YORK, INCLUDING BOTH TENANTS
 AND OCCUPANTS OF  DWELLING  UNITS  AND  MANUFACTURED  HOME  TENANTS  AND
 PROPRIETARY  LEASEHOLDERS  OF CO-OPERATIVE DWELLING UNITS, THEIR MONTHLY
 RENT OBLIGATION IS GREATER THAN THIRTY PERCENT OF THEIR CURRENT  MONTHLY
 ADJUSTED  INCOME, THEIR CURRENT MONTHLY ADJUSTED INCOME IS LESS THAN ONE
 HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME AS ADJUSTED FOR  FAMILY
 SIZE, AND DURING THE COVERED PERIOD:
   (I) THE INDIVIDUAL, FAMILY, OR HOUSEHOLD SUFFERED A FINANCIAL HARDSHIP
 DUE  TO  LOSS  OF  INCOME,  AS  DETERMINED IN A MANNER PRESCRIBED BY THE
 COMMISSIONER  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE;  OR
   (II)  AN  INDIVIDUAL OR MEMBER OF THE FAMILY OR HOUSEHOLD BECAME UNEM-
 PLOYED, AND QUALIFIED FOR UNEMPLOYMENT;
   (B) THE INDIVIDUAL, FAMILY, OR HOUSEHOLD IS AT  RISK  OF  HOMELESSNESS
 DURING  THE COVERED PERIOD OR WITHIN NINETY DAYS AFTER THE COVERED PERI-
 OD; OR
   (C) THE INDIVIDUAL,  FAMILY,  OR  HOUSEHOLD  IS  HOMELESS  DURING  THE
 COVERED PERIOD OR WITHIN NINETY DAYS AFTER THE COVERED PERIOD.
   2.  IN ADDITION TO THE ELIGIBILITY CRITERIA IN SUBDIVISION ONE OF THIS
 SECTION, THE COMMISSIONER MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY
 DETERMINATION OF ELIGIBILITY FOR THIS PROGRAM.
   3. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER  THIS
 PROGRAM SHALL NO LONGER BE FINANCIALLY ELIGIBLE FOR ASSISTANCE WHEN:
   (A)  THE INDIVIDUAL'S, FAMILY'S OR HOUSEHOLD'S MONTHLY INCOME HAS BEEN
 RESTORED TO AN AMOUNT EQUAL TO OR GREATER THAN THE  INDIVIDUAL'S,  FAMI-
 LY'S  OR HOUSEHOLD'S INCOME PRIOR TO THE LOSS REFERENCED IN SUBPARAGRAPH
 (I) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION;
   (B) THE INDIVIDUAL'S, FAMILY'S, OR HOUSEHOLD'S MONTHLY RENT OBLIGATION
 IS NO LONGER GREATER THAN  THIRTY  PERCENT  OF  THEIR  MONTHLY  ADJUSTED
 INCOME;
   (C)  THE  INDIVIDUAL, FAMILY, OR HOUSEHOLD HAS RECEIVED RENTAL ASSIST-
 ANCE FOR THE GREATER OF SIX MONTHS OR THE DURATION OF THE COVERED  PERI-
 OD.    HOWEVER,  THOSE  INDIVIDUALS,  FAMILIES OR HOUSEHOLDS WHO RECEIVE
 ASSISTANCE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS  SECTION
 SHALL  BE  ELIGIBLE UNTIL THEY HAVE RECEIVED TWO YEARS OF RENTAL ASSIST-
 ANCE.
   4. ANY INDIVIDUAL, FAMILY OR HOUSEHOLD IN RECEIPT OF RENTAL ASSISTANCE
 UNDER THIS PROGRAM SHALL BE OBLIGATED  TO  REPORT  ALL  CHANGES  OF  TEN
 PERCENT  OR  MORE  OF  THEIR  MONTHLY  INCOME WHILE PARTICIPATING IN THE
 PROGRAM IN ORDER TO MAINTAIN ELIGIBILITY.
   5. THE COMMISSIONER SHALL ESTABLISH PREFERENCES PRIORITIZING  INDIVID-
 UALS,  FAMILIES OR HOUSEHOLDS WITH THE GREATEST ECONOMIC AND SOCIAL NEED
 IN PROCESSING APPLICATIONS FOR  THIS  PROGRAM.  SUCH  PREFERENCES  SHALL
 ACCOUNT FOR AT A MINIMUM:
   (A) THE HISTORICAL INCOME LEVEL OF THE INDIVIDUAL, FAMILY OR HOUSEHOLD
 AS IT RELATES TO THE AREA MEDIAN INCOME;

 A. 3918                             6
 
   (B)  THE  CURRENT ADJUSTED INCOME OF THE INDIVIDUAL, FAMILY, OR HOUSE-
 HOLD AS IT RELATES TO THE AREA MEDIAN INCOME;
   (C) THE RENT BURDEN OF THE INDIVIDUAL, FAMILY OR HOUSEHOLD;
   (D)  THE PERCENTAGE OF INCOME LOST BY THE INDIVIDUAL, FAMILY OR HOUSE-
 HOLD;
   (E) THE INDIVIDUAL OR A MEMBER OF THE FAMILY OR HOUSEHOLD'S STATUS  AS
 A VICTIM OF DOMESTIC VIOLENCE; AND
   (F)  WHETHER  THE  INDIVIDUAL,  FAMILY OR HOUSEHOLD WAS HOMELESS OR AT
 RISK OF HOMELESSNESS DURING THE COVERED PERIOD  OR  WITHIN  NINETY  DAYS
 AFTER THE COVERED PERIOD.
   6.  THE  COMMISSIONER  SHALL  PROMULGATE STANDARDS BY WHICH ANY ENTITY
 DESIGNATED TO ADMINISTER THIS PROGRAM PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION SIX HUNDRED TWO OF THIS ARTICLE SHALL ISSUE A PRELIMINARY DETER-
 MINATION  OF  ELIGIBILITY UPON INITIAL RECEIPT OF THE APPLICATION, IF IT
 IS PRACTICABLE TO DO SO WITHOUT UNDULY IMPEDING  IMPLEMENTATION  OF  THE
 PROGRAM.  ANY SUCH PRELIMINARY DETERMINATION SHALL NOT BE BINDING ON THE
 COMMISSIONER OR ANY ENTITY DESIGNATED TO  ADMINISTER  THIS  PROGRAM  AND
 SHALL  NOT  EXCUSE  ANY EXISTING STATUTORY OR CONTRACTUAL OBLIGATIONS OF
 THE LANDLORD OR THE APPLICANT INDIVIDUAL, FAMILY, OR HOUSEHOLD.
   7. EVICTION PROCEEDINGS FOR RENTAL ARREARS THAT WOULD BE ELIGIBLE  FOR
 COVERAGE  UNDER  THIS PROGRAM CANNOT BE COMMENCED AGAINST AN INDIVIDUAL,
 FAMILY OR HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR  UNTIL  A
 DETERMINATION  OF  INELIGIBILITY  IS  MADE.  IF EVICTION PROCEEDINGS ARE
 COMMENCED AGAINST AN INDIVIDUAL, FAMILY OR  HOUSEHOLD  WHO  SUBSEQUENTLY
 APPLIES FOR BENEFITS UNDER THIS PROGRAM, ALL PROCEEDINGS FOR MISSED RENT
 PAYMENTS DURING THE COVERED PERIOD SHALL BE STAYED UNTIL A DETERMINATION
 OF INELIGIBILITY HAS BEEN MADE.
   8.  ANY  AMBIGUITY  IN ELIGIBILITY CRITERIA PROMULGATED BY THE COMMIS-
 SIONER SHALL BE RESOLVED IN FAVOR  OF  THE  APPLICANT  WHEN  DETERMINING
 ELIGIBILITY.
   9.  ANY INFORMATION COLLECTED ABOUT AN INDIVIDUAL, FAMILY OR HOUSEHOLD
 IN THE PROCESS OF DETERMINING ELIGIBILITY SHALL SOLELY BE USED  FOR  THE
 PURPOSES  OF  DETERMINING  ELIGIBILITY  AND SHALL NOT BE SHARED WITH ANY
 OTHER GOVERNMENTAL AGENCY.
   10. AN INDIVIDUAL, FAMILY OR HOUSEHOLD SHALL NOT BE ELIGIBLE FOR  THIS
 PROGRAM  IF  THEY  LIVE  IN HOUSING OWNED OR MANAGED BY A PUBLIC HOUSING
 AUTHORITY OR RECEIVE RENTAL ASSISTANCE FROM A  PROGRAM  IN  WHICH  THEIR
 RENTAL  OBLIGATION  IS  ADJUSTED TO BE NO GREATER THAN THIRTY PERCENT OF
 THEIR INCOME WHEN THEIR INCOME DECREASES.
   11. AN INDIVIDUAL FULL-TIME COLLEGE STUDENT  OR  FAMILY  OR  HOUSEHOLD
 CONSISTING  EXCLUSIVELY  OF FULL-TIME COLLEGE STUDENTS IS INELIGIBLE FOR
 THIS PROGRAM UNLESS EACH INDIVIDUAL IN THE FAMILY OR HOUSEHOLD SATISFIES
 THE FOLLOWING CONDITIONS:
   (A) THE INDIVIDUAL SHALL HAVE ESTABLISHED A  HOUSEHOLD  SEPARATE  FROM
 HIS  OR  HER  PARENTS  OR LEGAL GUARDIANS FOR AT LEAST ONE YEAR PRIOR TO
 APPLICATION FOR ADMISSION OR SHALL MEET THE UNITED STATES DEPARTMENT  OF
 EDUCATION'S DEFINITION OF INDEPENDENT STUDENT; AND
   (B)  THE  INDIVIDUAL SHALL NOT BE CLAIMED AS A DEPENDENT BY HIS OR HER
 PARENTS OR LEGAL GUARDIANS PURSUANT TO INTERNAL  REVENUE  SERVICE  (IRS)
 REGULATIONS.
   12.  APPLICANTS SHALL NOT BE EXPECTED OR REQUIRED TO REPAY ANY ASSIST-
 ANCE GRANTED THROUGH THIS PROGRAM  UNLESS  OTHERWISE  REQUIRED  BY  LAW.
 ASSISTANCE  SHALL  NOT BE CONSIDERED INCOME FOR PURPOSES OF PUBLIC BENE-
 FITS OR OTHER PUBLIC ASSISTANCE. THERE SHALL BE NO REQUIREMENT ON APPLI-
 CANTS TO  SEEK  ASSISTANCE  FROM  OTHER  SOURCES,  INCLUDING  CHARITABLE
 CONTRIBUTIONS, FOR ELIGIBILITY.

 A. 3918                             7
 
   §  604.  PAYMENT OF EMERGENCY VOUCHERS. 1. THE EMERGENCY VOUCHER SHALL
 BE PAID DIRECTLY TO THE OWNER OF THE DWELLING UNIT OR MANUFACTURED  HOME
 PARK  OCCUPIED  BY  THE  VOUCHER RECIPIENT FOR RENT DUE FROM THE VOUCHER
 RECIPIENT AND ANY RENTAL ARREARS OWED THAT WERE NOT PAID FOR  WHICH  THE
 RECIPIENT  WOULD  OTHERWISE  HAVE  BEEN ELIGIBLE PURSUANT TO SECTION SIX
 HUNDRED THREE OF THIS ARTICLE.  ANY ARREARS PAYMENT SHALL  BE  EQUAL  TO
 THE  AMOUNT  FOR  WHICH THE RECIPIENT WOULD HAVE BEEN ELIGIBLE AS DETER-
 MINED BY SECTION SIX HUNDRED SIX OF THIS ARTICLE.
   2. ACCEPTANCE OF VOUCHERS AS PAYMENT FOR RENT DUE  OR  RENTAL  ARREARS
 SHALL CONSTITUTE AGREEMENT BY THE RECIPIENT:
   (A) TO WAIVE ANY LATE FEES DUE ON ANY RENTAL ARREARS;
   (B)  TO  KEEP CONSTANT THE MONTHLY RENT DUE FOR THE DWELLING UNIT SUCH
 THAT IT SHALL REMAIN THE AMOUNT THAT WAS DUE AT THE TIME OF  APPLICATION
 TO  THE PROGRAM FOR ANY AND ALL MONTHS FOR WHICH THE VOUCHER IS ACCEPTED
 AS PAYMENT; AND
   (C) AT THE OPTION OF THE TENANT, TO EXTEND ANY LEASE OR RENTAL  AGREE-
 MENT  FOR  THE  USE  AND  OCCUPANCY OF THE APPLICABLE DWELLING UNIT THAT
 EXPIRED OR IS DUE TO EXPIRE DURING THE  COVERED  PERIOD  OR  SIXTY  DAYS
 FOLLOWING  THE EXPIRATION OF THE COVERED PERIOD TO A DATE AT LEAST SIXTY
 DAYS FROM THE EXPIRATION OF THE COVERED PERIOD UNDER THE  TERMS  OF  THE
 LEASE  OR RENTAL AGREEMENT EXISTING PRIOR TO THE EXPIRATION OF THE LEASE
 OR RENTAL AGREEMENT. WHERE THE DWELLING UNIT THAT IS THE SUBJECT OF  THE
 LEASE OR RENTAL AGREEMENT CONTAINS FOUR OR FEWER UNITS, THE LANDLORD MAY
 DECLINE  TO EXTEND THE LEASE OR TENANCY IF THE LANDLORD INTENDS TO IMME-
 DIATELY OCCUPY THE UNIT FOR THE LANDLORD'S PERSONAL USE OR THE USE OF AN
 IMMEDIATE FAMILY MEMBER AS A PRIMARY RESIDENCE.
   § 605. RENTAL OBLIGATION. 1.  THE MONTHLY RENTAL  OBLIGATION  OF  EACH
 RECIPIENT  SHALL BE THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE
 INDIVIDUAL, FAMILY, OR HOUSEHOLD.
   2. IF AN INDIVIDUAL, FAMILY OR HOUSEHOLD SHARES A DWELLING OR MANUFAC-
 TURED HOME WITH ONE OR MORE INDIVIDUALS WHO ARE NOT PART OF THEIR FAMILY
 OR HOUSEHOLD, THE MONTHLY RENTAL OBLIGATION OF THE INDIVIDUAL, FAMILY OR
 HOUSEHOLD SHALL BE CALCULATED USING THE PORTION OF THE INDIVIDUAL, FAMI-
 LY'S OR HOUSEHOLD'S RENT FOR WHICH THEY ARE RESPONSIBLE RATHER THAN  THE
 ENTIRE RENT FOR THE SHARED DWELLING UNIT OR MANUFACTURED HOME.
   § 606. ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY RENTAL ASSIST-
 ANCE  PAYMENT  WITH  RESPECT  TO  ANY DWELLING UNIT OR MANUFACTURED HOME
 SHALL BE THE DIFFERENCE BETWEEN THE  MONTHLY  CONTRACTUAL  OR  STATUTORY
 RENT  FOR  THE  UNIT  OR  HOME AND AND THIRTY PERCENT OF THE INDIVIDUAL,
 FAMILY OR HOUSEHOLD'S ADJUSTED INCOME.
   2.   NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,  THE  MAXIMUM
 MONTHLY ASSISTANCE PAYMENT FOR THE INDIVIDUAL, FAMILY OR HOUSEHOLD SHALL
 BE  THE  DIFFERENCE BETWEEN THE RENTAL OBLIGATION ESTABLISHED IN SECTION
 SIX HUNDRED FIVE OF THIS ARTICLE, UP TO TWO HUNDRED FIFTY PERCENT OF THE
 FAIR  MARKET  RENT  FOR  THE  RENTAL  AREA  OR  IN  ACCORDANCE  TO   ANY
 RESTRICTIONS THAT MAY APPLY TO FUNDING PROVIDED FOR THIS PURPOSE.
   3.  IN  ADDITION  TO  ANY RENTAL ASSISTANCE PAYMENTS, THE COMMISSIONER
 SHALL ALSO AUTHORIZE THE FULL PAYMENT OF  UTILITIES  FOR  ANY  RECIPIENT
 INDIVIDUAL,  FAMILY  OR  HOUSEHOLD  FOR THE TIME PERIOD DURING WHICH THE
 INDIVIDUAL, FAMILY OR HOUSEHOLD QUALIFIES FOR RENTAL ASSISTANCE PURSUANT
 TO SECTION SIX HUNDRED THREE OF THIS ARTICLE. ANY SUCH PAYMENTS SHALL BE
 PAID DIRECTLY TO THE  UTILITY  PROVIDER.    FOR  THE  PURPOSES  OF  THIS
 SECTION,  UTILITY  PAYMENTS SHALL ENCOMPASS ALL PAYMENTS THE INDIVIDUAL,
 FAMILY OR HOUSEHOLD IS OBLIGATED TO  PAY  FOR  GAS,  ELECTRICITY,  HEAT,
 WATER, SEWER, AND SOLID WASTE DISPOSAL SERVICES.

 A. 3918                             8

   §  607.  VERIFICATION  OF  INCOME  AND  ASSETS. THE COMMISSIONER SHALL
 ESTABLISH PROCEDURES THAT ARE APPROPRIATE AND NECESSARY TO  ASSURE  THAT
 INFORMATION  REGARDING  INCOME,  AND  ASSETS  TO THE EXTENT NECESSARY TO
 DETERMINE ELIGIBILITY, PROVIDED BY INDIVIDUALS, FAMILIES AND HOUSEHOLDS,
 APPLYING  FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND
 ACCURATE.  VERIFICATION MAY INCLUDE WITHOUT LIMITATION: PAYCHECK  STUBS,
 EARNING  STATEMENTS,  TAX  RECORDS, W-2 FORMS, WRITTEN STATEMENTS FROM A
 FORMER OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT WITH A FORMER
 OR CURRENT EMPLOYER, STATEMENTS OR AFFIDAVITS SIGNED BY  THE  APPLICANT,
 OR OTHER METHODS APPROVED BY THE COMMISSIONER.
   § 608. HOUSING ASSISTANCE PAYMENT CONTRACTS FOR UNITS NEWLY RENTED FOR
 HOMELESS  INDIVIDUALS  AND  FAMILIES.  1.  A  HOUSING ASSISTANCE PAYMENT
 CONTRACT SHALL BE ENTERED INTO BETWEEN THE RELEVANT AGENCY ADMINISTERING
 THIS PROGRAM AND THE OWNER OF A DWELLING UNIT WHEN THE VOUCHER RECIPIENT
 QUALIFIED FOR THE PROGRAM BY  BEING  HOMELESS.  THE  HOUSING  ASSISTANCE
 PAYMENT  CONTRACT  ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH
 THE MAXIMUM MONTHLY RENT (INCLUDING UTILITIES AND  ALL  MAINTENANCE  AND
 MANAGEMENT  CHARGES)  THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING
 UNIT WITH RESPECT TO WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. EACH
 HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO BY THE AGENCY  ADMINIS-
 TERING THIS PROGRAM AND THE OWNER OF A DWELLING UNIT SHALL PROVIDE:
   (A)  THAT  THE  LEASE  BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A
 TERM OF NOT LESS THAN ONE YEAR;
   (B) THAT THE  DWELLING  UNIT  OWNER  SHALL  OFFER  LEASES  TO  TENANTS
 ASSISTED UNDER THIS ARTICLE THAT:
   (I)  ARE  IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
 OWNER; AND
   (II) CONTAIN TERMS AND CONDITIONS THAT:
   (A) ARE CONSISTENT WITH FEDERAL, STATE, AND LOCAL LAW; AND
   (B) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO  ARE  NOT  ASSISTED
 UNDER THIS ARTICLE;
   (III) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
 NOT  TERMINATE  THE  TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR LOCAL LAW, OR FOR OTHER GOOD CAUSE; AND
   (IV) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS  SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT  SPECIFYING  THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW; AND
   (C) THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED  UNDER  THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE.  CONTRACTS  SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
 NOT BE TRANSFERABLE BETWEEN RECIPIENTS.  AN  INDIVIDUAL  OR  FAMILY  MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE.
   2. (A) FOR THE HOMELESS, THE RENT FOR DWELLING UNITS FOR WHICH A HOUS-
 ING  ASSISTANCE  PAYMENT  CONTRACT IS ESTABLISHED UNDER THIS SUBDIVISION
 SHALL BE REASONABLE IN COMPARISON  WITH  RENTS  CHARGED  FOR  COMPARABLE
 DWELLING UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
   (B)  AN  AGENCY ADMINISTERING THIS PROGRAM SHALL, AT THE REQUEST OF AN
 INDIVIDUAL OR FAMILY RECEIVING TENANT-BASED ASSISTANCE UNDER THIS SUBDI-
 VISION, ASSIST THAT INDIVIDUAL OR FAMILY  IN  NEGOTIATING  A  REASONABLE
 RENT  WITH  A DWELLING UNIT OWNER. "REASONABLE RENT" SHALL MEAN RENT NOT
 MORE THAN THE RENT CHARGED ON COMPARABLE UNITS IN THE PRIVATE UNASSISTED
 MARKET AND RENT CHARGED FOR COMPARABLE UNASSISTED UNITS IN THE PREMISES.

 A. 3918                             9
 
 SUCH AGENCY SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY  THE
 INDIVIDUAL  OR  FAMILY  (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY
 SUCH INDIVIDUAL OR FAMILY)  TO  DETERMINE  WHETHER  THE  RENT  (OR  RENT
 INCREASE) REQUESTED BY THE OWNER IS REASONABLE. IF AN AGENCY ADMINISTER-
 ING  THIS  PROGRAM  DETERMINES  THAT  THE  RENT (OR RENT INCREASE) FOR A
 DWELLING UNIT IS NOT REASONABLE,  THE  AGENCY  SHALL  NOT  MAKE  HOUSING
 ASSISTANCE  PAYMENTS TO THE OWNER UNDER THIS SUBDIVISION WITH RESPECT TO
 THAT UNIT.
   (C) EACH AGENCY ADMINISTERING THIS PROGRAM SHALL MAKE  TIMELY  PAYMENT
 OF  ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SUBDIVISION. THE
 HOUSING ASSISTANCE PAYMENT CONTRACT BETWEEN THE  OWNER  AND  THE  AGENCY
 ADMINISTERING  THIS  PROGRAM  MAY  PROVIDE  FOR  PENALTIES  FOR THE LATE
 PAYMENT OF AMOUNTS DUE UNDER THE CONTRACT, WHICH SHALL BE IMPOSED ON THE
 AGENCY IN ACCORDANCE WITH GENERALLY  ACCEPTED  PRACTICES  IN  THE  LOCAL
 HOUSING MARKET.
   3.  IF  AN  ASSISTED  INDIVIDUAL OR FAMILY VACATES A DWELLING UNIT FOR
 WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING  ASSISTANCE  PAYMENT
 CONTRACT  BEFORE  THE  EXPIRATION OF THE TERM OF THE LEASE FOR THE UNIT,
 RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED FOR  THE
 UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   4. ANY VOUCHER ISSUED PURSUANT TO THIS SECTION FOR A HOMELESS INDIVID-
 UAL  OR  FAMILY MAY BE USED FOR HOUSING ANYWHERE IN THE STATE. THE RELE-
 VANT AGENCY ADMINISTERING THIS PROGRAM SHALL INFORM VOUCHER HOLDERS THAT
 A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE EXTENT PRACTICA-
 BLE, SHALL ASSIST VOUCHER HOLDERS IN FINDING  HOUSING  IN  THE  AREA  OF
 THEIR CHOICE.
   §  609.  INSPECTION OF UNITS NEWLY RENTED FOR HOMELESS INDIVIDUALS AND
 FAMILIES. 1. INITIAL INSPECTION. (A) IN GENERAL. FOR EACH DWELLING  UNIT
 FOR  WHICH  A  HOUSING  ASSISTANCE  PAYMENT CONTRACT IS ESTABLISHED, THE
 AGENCY ADMINISTERING THIS PROGRAM SHALL  INSPECT  THE  UNIT  BEFORE  ANY
 ASSISTANCE  PAYMENT IS MADE TO DETERMINE WHETHER THE DWELLING UNIT MEETS
 THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION  TWO  OF  THIS  SECTION,
 EXCEPT AS PROVIDED IN PARAGRAPHS (B) OR (C) OF THIS SUBDIVISION.  HOWEV-
 ER, THE COMMISSIONER MAY WAIVE THIS INSPECTION REQUIREMENT TO THE EXTENT
 NECESSARY  TO  PROTECT  PUBLIC HEALTH OR EXPEDITE IMPLEMENTATION OF THIS
 PROGRAM.
   (B) CORRECTION OF NON-LIFE-THREATENING CONDITIONS. IN THE CASE OF  ANY
 DWELLING  UNIT THAT IS DETERMINED, PURSUANT TO AN INSPECTION UNDER PARA-
 GRAPH (A) OF THIS SUBDIVISION, NOT TO MEET THE HOUSING QUALITY STANDARDS
 UNDER SUBDIVISION TWO OF THIS SECTION, ASSISTANCE PAYMENTS MAY  BE  MADE
 FOR  THE  UNIT,  NOTWITHSTANDING  SUBDIVISION  THREE OF THIS SECTION, IF
 FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF  NON-LIFE-THREATENING
 CONDITIONS,  AS  SUCH CONDITIONS ARE ESTABLISHED BY THE COMMISSIONER. AN
 AGENCY MAKING ASSISTANCE PAYMENTS  PURSUANT  TO  THIS  PARAGRAPH  FOR  A
 DWELLING  UNIT  SHALL, THIRTY DAYS AFTER THE BEGINNING OF THE PERIOD FOR
 WHICH SUCH PAYMENTS ARE MADE, WITHHOLD ANY ASSISTANCE PAYMENTS  FOR  THE
 UNIT IF ANY DEFICIENCY RESULTING IN NONCOMPLIANCE WITH THE HOUSING QUAL-
 ITY  STANDARDS  HAS  NOT  BEEN  CORRECTED BY SUCH TIME. THE AGENCY SHALL
 RECOMMENCE ASSISTANCE PAYMENTS WHEN SUCH DEFICIENCY HAS BEEN  CORRECTED,
 AND  MAY  USE ANY PAYMENTS WITHHELD TO MAKE ASSISTANCE PAYMENTS RELATING
 TO THE PERIOD DURING WHICH PAYMENTS WERE WITHHELD.
   (C) USE OF ALTERNATIVE INSPECTION METHOD FOR INTERIM  PERIOD.  IN  THE
 CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR MONTHS HAS MET
 THE  REQUIREMENTS  OF  AN  INSPECTION  THAT  QUALIFIES AS AN ALTERNATIVE
 INSPECTION METHOD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AN AGEN-
 CY  ADMINISTERING  THIS  PROGRAM  MAY  AUTHORIZE  OCCUPANCY  BEFORE  THE

 A. 3918                            10
 
 INSPECTION  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED,
 AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO  THE  BEGINNING  OF  THE
 LEASE  TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION
 UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION TO MEET THE HOUSING QUALITY
 STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. THIS PARAGRAPH MAY  NOT
 BE  CONSTRUED  TO  EXEMPT  ANY  DWELLING  UNIT  FROM COMPLIANCE WITH THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   2. HOUSING QUALITY STANDARDS. THE HOUSING QUALITY STANDARDS UNDER THIS
 SUBDIVISION ARE STANDARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:
   (A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
   (B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN-
 CIES THAT:
   (I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE  COMMIS-
 SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
 LY  INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU-
 NITIES FOR INDIVIDUALS OR  FAMILIES  ASSISTED  UNDER  THIS  SUBDIVISION,
 EXCEPT  WHERE SUCH WAIVER COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF
 INDIVIDUALS OR FAMILIES ASSISTED UNDER THIS SUBDIVISION; AND
   (II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
   3. INSPECTION. THE DETERMINATION REQUIRED  UNDER  SUBDIVISION  ONE  OF
 THIS  SECTION  SHALL  BE  MADE  BY THE AGENCY ADMINISTERING THIS PROGRAM
 PURSUANT TO AN INSPECTION OF THE  DWELLING  UNIT  CONDUCTED  BEFORE  ANY
 ASSISTANCE  PAYMENT  IS MADE FOR THE UNIT. INSPECTIONS OF DWELLING UNITS
 UNDER THIS SUBDIVISION SHALL  BE  MADE  BEFORE  THE  EXPIRATION  OF  THE
 FIFTEEN  DAY PERIOD BEGINNING UPON A REQUEST BY THE RESIDENT OR LANDLORD
 TO THE AGENCY OR, IN THE CASE OF ANY  AGENCY  THAT  PROVIDES  ASSISTANCE
 UNDER  THIS  SUBDIVISION ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED
 FIFTY INDIVIDUALS AND FAMILIES, BEFORE THE EXPIRATION  OF  A  REASONABLE
 PERIOD BEGINNING UPON SUCH REQUEST.
   4.  ALTERNATIVE  INSPECTION  METHOD. AN INSPECTION OF A PROPERTY SHALL
 QUALIFY AS AN ALTERNATIVE INSPECTION METHOD FOR PURPOSES OF THIS  SUBDI-
 VISION IF:
   (A)  THE  INSPECTION  WAS  CONDUCTED  PURSUANT TO REQUIREMENTS UNDER A
 FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
   (B) PURSUANT TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED  TO  MEET
 THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
 CABLE  TO  PROPERTIES  ASSISTED  UNDER SUCH PROGRAM, AND, IF A NON-STATE
 STANDARD OR REQUIREMENT WAS USED, THE AGENCY ADMINISTERING THIS  PROGRAM
 HAS  CERTIFIED  TO  THE  COMMISSIONER  THAT SUCH STANDARD OR REQUIREMENT
 PROVIDES THE SAME OR GREATER PROTECTION TO OCCUPANTS OF  DWELLING  UNITS
 MEETING SUCH STANDARD OR REQUIREMENT AS WOULD THE HOUSING QUALITY STAND-
 ARDS UNDER SUBDIVISION TWO OF THIS SECTION.
   5.  INTERIM INSPECTIONS. UPON NOTIFICATION TO THE AGENCY ADMINISTERING
 THIS PROGRAM, BY AN INDIVIDUAL OR FAMILY ON  WHOSE  BEHALF  TENANT-BASED
 RENTAL  ASSISTANCE IS PROVIDED UNDER THIS SUBDIVISION OR BY A GOVERNMENT
 OFFICIAL, THAT THE DWELLING UNIT FOR WHICH SUCH ASSISTANCE  IS  PROVIDED
 DOES NOT COMPLY WITH THE HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO
 OF THIS SECTION, THE AGENCY SHALL INSPECT THE DWELLING UNIT:
   (A)  IN  THE  CASE  OF  ANY CONDITION THAT IS LIFE-THREATENING, WITHIN
 TWENTY-FOUR HOURS AFTER  THE  AGENCY'S  RECEIPT  OF  SUCH  NOTIFICATION,
 UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND
   (B)  IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING, WITHIN
 A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.
   6. INSPECTION GUIDELINES. THE COMMISSIONER SHALL ESTABLISH  PROCEDURAL
 GUIDELINES AND PERFORMANCE STANDARDS TO FACILITATE INSPECTIONS OF DWELL-
 ING  UNITS  AND  CONFORM SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE

 A. 3918                            11

 PRIVATE HOUSING MARKET. SUCH GUIDELINES AND STANDARDS  SHALL  TAKE  INTO
 CONSIDERATION  VARIATIONS  IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING
 AGENCIES AND SHALL PROVIDE FLEXIBILITY TO AGENCIES APPROPRIATE TO FACIL-
 ITATE EFFICIENT PROVISION OF ASSISTANCE UNDER THIS SUBDIVISION.
   §  610.  HOUSING  OBLIGATIONS. NOTHING IN THIS SECTION SHALL LESSEN OR
 ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY THE FEDERAL  GOVERN-
 MENT,  STATE, MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE JURIS-
 DICTION.
   § 611.  REPORTS BY THE COMMISSIONER. THE  COMMISSIONER  SHALL,  ON  OR
 BEFORE  DECEMBER  FIRST,  TWO THOUSAND TWENTY-ONE AND ON OR BEFORE MARCH
 FIRST, TWO THOUSAND TWENTY-TWO SUBMIT  AND  MAKE  PUBLICLY  AVAILABLE  A
 REPORT  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, AND ON ITS WEBSITE, ON THE NUMBER  OF  INDIVID-
 UALS,  FAMILIES,  AND  HOUSEHOLDS  THAT HAVE APPLIED FOR ASSISTANCE, THE
 NUMBER OF APPLICATIONS ACCEPTED, THE NUMBER  OF  APPLICATIONS  REJECTED,
 THE  STATUS  OF  ANY PENDING APPLICATIONS, THE MONTHLY EXPENDITURES MADE
 PURSUANT TO THIS ARTICLE INCLUDING RECIPIENT DEMOGRAPHIC DATA,  REGIONAL
 DATA, AND DETAILS ON ASSISTANCE PAYMENT VALUES.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate the remainder of this act, but shall be confined
 in its  operation  to  the  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the  intent of the legislature that this act would have been enacted
 even if such invalid clause, sentence, paragraph,  subdivision,  section
 or part had not been included herein.
   § 3. This act shall take effect immediately.