S T A T E O F N E W Y O R K
________________________________________________________________________
7287
2021-2022 Regular Sessions
I N A S S E M B L Y
May 3, 2021
___________
Introduced by M. of A. ABINANTI, PAULIN, GALEF, MAGNARELLI, THIELE,
FAHY, McDONALD, WOERNER, BUTTENSCHON, GRIFFIN, JACOBSON, McMAHON --
read once and referred to the Committee on Housing
AN ACT enacting the COVID-19 supplemental emergency rental assistance
program of 2021; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Supplemental COVID-19 emergency rental assistance program of 2021".
§ 2. Definitions. For the purposes of this act:
1. "Commissioner" means the commissioner of the state office of tempo-
rary and disability assistance.
2. "Supplemental COVID-19 emergency rental assistance program" or
"program" means the rental assistance program established by the commis-
sioner pursuant to section three of this act and funded by emergency
rental assistance funding issued pursuant to section 501 of the Consol-
idated Appropriations Act of 2021, Pub L. 116-260 § 501, and section
3201 of the American Rescue Plan Act of 2021, Pub.L. 117-2 § 3201, as
well as any other federal funds made available for the purposes defined
in this act.
3. "Occupant" shall have the same meaning as defined in section 235-f
of the real property law.
4. "Office" means the state office of temporary and disability assist-
ance.
5. "Rent" shall have the same meaning as defined in section 702 of the
real property actions and proceedings law.
6. "Rental arrears" shall mean unpaid rent owed to the landlord that
accrued on or after March 13, 2020.
7. "Small landlord" shall mean any person or entity that owns a build-
ing of twenty or fewer units.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11201-01-1
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§ 3. Authority to implement emergency rental assistance. a. The
commissioner is hereby authorized and directed to implement, as soon as
practicable, but no later than 30 days from the effective date of this
act, a program of rental assistance for persons eligible pursuant to
section five of this act.
b. The program described in subdivision a of this section shall be
funded with any state funds appropriated for such program, including
those funds appropriated by that part, entitled "DEPARTMENT OF FAMILY
ASSISTANCE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE", of section 1
of chapter 53 of the laws of 2021, enacting the "Aid to Localities Budg-
et", designated for supplemental costs associated with an emergency
rental assistance program which shall be spent as specified in this act.
c. The commissioner may delegate the administration of any portions of
this program to any state agency, city, county, town, contractor or
non-profit organization in accordance with the provisions of this act.
d. Where practicable, the commissioner shall use the same website,
portal, application forms and documentation procedures as are utilized
for the state COVID Rent Relief Program.
§ 4. Distribution. The commissioner shall work to ensure an equitable
distribution of funds throughout the state, excluding administrative
funds. For the first 30 days beginning with the first day that the
office begins accepting applications, the commissioner shall ensure, to
the extent practicable, that the allocation of funds from this program
for households and landlords outside the city of New York is no less
than 35% of supplemental emergency rental assistance funds available
hereunder. After the initial 30-day priority period has ended, all
applications shall be processed on a rolling basis.
§ 5. Eligibility. The commissioner shall establish standards for
determining eligibility for such program, consistent with the following:
a. (1) A household shall be eligible for supplemental emergency rental
assistance, if it is a tenant or occupant obligated to pay rent for
their residence in the state of New York, including both tenants and
occupants of dwelling units and manufactured home tenants, regardless of
immigration status of the landlord or the tenants.
(2) A landlord shall be eligible for supplemental emergency rental
assistance, if the landlord has a tenant or occupant obligated to pay
rent to the landlord for the tenant's residence or occupancy of property
owned by the landlord in the state of New York, including both tenants
and occupants of dwelling units and manufactured home tenants, regard-
less of immigration status of the landlord or the tenants.
(3) A tenant and/or a landlord may seek payment for supplemental emer-
gency rental assistance regardless of the tenant's income.
(4) A landlord may seek payment for supplemental emergency rental
assistance for such rental arrears without regard for: (i) the reason
that the tenant failed to pay rent; (ii) whether the tenant is still in
occupancy of the rented premises or has vacated the premises while owing
such rental arrears; or (iii) whether the landlord or tenant, or both,
unsuccessfully made application for the COVID Rent Relief Program.
b. Nothing in this act shall preclude a recipient or the landlord of a
recipient of public assistance from being eligible for supplemental
emergency rental assistance under this program.
c. (1) The commissioner shall establish priority in processing appli-
cations and allocating funds under this program.
(2) For the first 30 days, the commissioner shall also grant priority
for: (i) small landlords; and (ii) tenants residing in a building or
development of twenty or fewer units owned by a small landlord.
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(3) After the initial 30-day priority period has ended, all applica-
tions shall be processed on a rolling basis.
d. To the extent feasible, no rental assistance provided pursuant to
this act shall be duplicative of assistance for rent or rental arrears
previously received or currently being received by the household or a
landlord for a specific housing unit.
e. Any documentation or information provided to the office, its
employees, agents, contractors and/or officers by an applicant as part
of the application for benefits under the program shall be released only
upon the consent of the applicant.
§ 6. Application. a. As soon as practicable, the commissioner shall
make an application for the program available on the office of temporary
and disability assistance's website. The application shall be available
online in English, Spanish, Chinese, Russian, Korean, Yiddish, Haitian
(French Creole), Bengali, and, to the extent practicable, other commonly
used languages. The commissioner shall enable application assistance to
be offered via telephone and make accommodations for those who are hear-
ing or visually impaired, with referral to a community-based organiza-
tion as deemed necessary.
b. Each municipal corporation shall designate not-for-profit organiza-
tions or local government staff that shall assist households and land-
lords in applying for assistance through the program. Such organizations
and staff shall be permitted to file applications on behalf of such
households and such landlords.
c. Any party, including the tenant or the landlord or owner, or their
designee, that may be eligible to receive funds under this program may
initiate an application for benefits available through the program.
Regardless of whether a landlord, owner, tenant or occupant initiates an
application, such landlord or owner shall be required to:
(1) use any payments received pursuant to this act solely to satisfy
the tenant's full rental obligations to the landlord or owner for the
time period covered by the payment;
(2) provide the office of temporary and disability assistance with
necessary information and documentation to facilitate payments; and
(3) keep confidential any information or documentation from or infor-
mation about the tenant or occupant acquired pursuant to this applica-
tion process.
d. (1) Documentation of the immigration status of the tenant or occu-
pant or the landlord shall not be requested as part of the COVID-19
supplemental emergency rental assistance program.
(2) Any documentation or information provided to the statewide appli-
cation website, eligibility worker, hotline or obtained in the course of
administering the emergency rental assistance program or any other
assistance program shall be kept confidential and shall only be used for
the purposes of determining eligibility, for program administration,
avoiding duplication of assistance, and uses consistent with state and
federal law.
(3) Any portion of any record retained by the commissioner in relation
to an application pursuant to this section that contains the photo image
or identifies the social security number, telephone number, place of
birth, country of origin, place of employment, school or educational
institution attended, source of income, status as a recipient of public
benefits, the customer identification number associated with a public
utilities account, medical information or disability information of the
holder of, or applicant for, is not a public record and shall not be
disclosed in response to any request for records except: (i) to the
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person who is the subject of such records; or (ii) where necessary to
comply with state and federal law.
e. Upon receipt of an application and to the extent practicable, the
commissioner shall make available a means by which an application
submitted by a tenant, a landlord, or both jointly can be tracked by
both the tenant and the landlord, regardless of who submitted such
application.
f. Self-attestation shall be considered to be acceptable documentation
to the extent permissible by state law and relevant regulations;
provided that attestation of a person with knowledge of the household's
circumstances and/or the amount of rent due the landlord shall be
considered to be acceptable documentation to the extent permissible by
state law and relevant regulations.
§ 7. Documentation. The commissioner shall establish procedures that
are appropriate and necessary to assure that information and documenta-
tion necessary to determine eligibility for benefits under the program
provided by households and/or landlords applying for or receiving
assistance under this act is complete and accurate. Additionally, the
commissioner shall establish procedures to ensure flexibility when
determining acceptable documentation.
§ 8. Restrictions on eviction. Eviction proceedings for non-payment of
rent or supplemental rent that would be eligible for coverage under this
program shall be stayed against a household who has in good faith
applied for this program or who, subsequent to commencement of the
proceeding, applies for benefits under this program unless or until a
determination of ineligibility is made. Evidence of a payment received
pursuant to the program may be presented in such proceeding and create a
presumption that the tenant's or occupant's rent or supplemental rent
obligation for the time period covered by the payment has been fully
satisfied.
§ 9. Payments. a. Payments from the program shall be made for rental
payments or rental and supplemental rent arrears accrued on or after
March 13, 2020. The amount of rental assistance paid under the program
shall not exceed the amount a tenant owes in rental arrears. 3 months of
prospective rental assistance may be paid on behalf of any eligible
household.
b. (1) The rental assistance shall be paid directly to the landlord of
the dwelling unit or manufactured home park occupied by the household
for the total amount of qualified rental arrears and prospective rental
assistance pursuant to subdivision a of this section.
(2) Prior to making a determination of eligibility for benefits under
the program, the commissioner or the commissioner's designee shall
undertake reasonable efforts to obtain the cooperation of tenants and
landlords to apply for and accept payments from the program. Such
outreach may be considered complete if: (i) a request for participation
has been sent in writing, by mail, to the tenant and/or landlord and the
addressee has not responded to the request within 14 calendar days after
mailing; or (ii) at least 3 attempts by phone, text, or e-mail have been
made over a 10 calendar day period to request the tenant's and/or land-
lord's participation; or (iii) a tenant and/or landlord confirms in
writing that the tenant and/or landlord does not wish to participate in
the program. The outreach attempts or notices to the tenant and/or land-
lord shall be documented and shall be made available to the tenant
and/or landlord. When possible, both landlord or owner and tenant shall
be notified of the provisional determination of eligibility and the
tenant and landlord or owner shall have a final opportunity to partic-
A. 7287 5
ipate. If the tenant does not participate, the commissioner may approve
a landlord's application. If the landlord does not participate, the
tenant may use such provisional determination as an affirmative defense
in any proceeding seeking a monetary judgment or eviction brought by a
landlord for the non-payment of rent accrued during the same time period
covered by the provisional payment. If the landlord has accepted such
payment, the landlord shall be deemed to have waived the amount of rent
covered by such provisional payment, and shall be prevented from initi-
ating a monetary action or proceeding, or collecting a judgment premised
on the non-payment of the amount of rent covered by the payment.
(3) Acceptance of a payment for rent or rental arrears from this
program shall constitute agreement by the recipient landlord or property
owner: (i) that the arrears covered by this payment are satisfied and
will not be used as the basis for a non-payment eviction of the tenant;
(ii) to waive any late fees due on any rental arrears paid pursuant to
this program; (iii) to not increase the monthly rent due for the dwell-
ing unit such that it shall not be greater than the amount that was due
at the time of application to the program for any and all months for
which rental assistance is received and for one year after the first
rental assistance payment is received for that tenant; (iv) to not evict
for reason of expired lease holdover tenancy any household on behalf of
whom rental assistance is received for 12 months after the first rental
assistance payment is received, unless the dwelling unit that is the
subject of the lease or rental agreement is located in a building that
contains 4 or fewer units, in which case the landlord may decline to
extend the lease or tenancy if the landlord intends to immediately occu-
py the unit for the landlord's personal use as a primary residence or
the use of an immediate family member as a primary residence; and (v) to
notify the tenant of the protections established under this subdivision.
§ 10. Repayment and assistance not considered income. Eligible house-
holds shall not be expected or required to repay any assistance granted
through the program, except in instances of fraud perpetrated by such
household. Landlords shall not be expected or required to repay any
funds paid through the program except in instances of duplicate payments
or fraud perpetrated by the landlord. Assistance granted through the
program shall not be considered income for purposes of eligibility for
public benefits or other public assistance to the extent allowed by law
but shall be considered a "source of income" for purposes of the
protections against housing discrimination provided under section 296 of
the human rights law. There shall be no requirement for applicants to
seek assistance from other sources, including charitable contributions,
in order to be eligible for assistance under the program.
§ 11. Notice to tenants in eviction proceedings. In any eviction
proceeding pending as of the effective date of this act and any eviction
proceeding filed while applications are being accepted for assistance
pursuant to this act, the court shall promptly make available to the
respondent information regarding how the respondent may apply for such
assistance in English, and, to the extent practicable, in the respond-
ent's primary language, if other than English.
§ 12. Outreach. The commissioner shall ensure that extensive outreach
is conducted to increase awareness of the program among tenants and
landlords or owners. The commissioner shall require each municipal
corporation to target for outreach communities for the purpose of
increasing such awareness. The commissioner shall, to the extent practi-
cable, partner with municipal corporations in an effort to provide
outreach materials in the languages commonly spoken by residents of New
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York state as per the American Community Survey from the United States
Census Bureau. Municipal recipients shall contract with community-based
organizations to supplement the state's outreach program, providing
additional application assistance and outreach activities specific to
their geographic location. Such community-based organizations shall
deliver their services in multiple languages and in a culturally compe-
tent manner to vulnerable and/or low-income populations, including popu-
lations prioritized by the program pursuant to section five of this act.
§ 13. Fair housing obligations. Nothing in this act shall lessen or
abridge any fair housing obligations promulgated by the federal govern-
ment, state, municipalities, localities, or any other applicable juris-
diction.
§ 14. Reports by the commissioner. The office shall be required to
report and post information on their website and update such information
at least monthly beginning 30 days from when the commissioner makes an
application for the program available. Such information shall include
but not be limited to:
a. the number of municipal recipients that choose to participate in
the statewide program;
b. the number of eligible households that received assistance under
this act, including the particular category of assistance which was
provided;
c. the average amount of funding provided per eligible household
receiving assistance; and
d. the number of households that applied for assistance.
§ 15. This act shall take effect immediately and shall expire and be
deemed repealed September 30, 2025.