Senate Bill S2742B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2742
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BROOKS,
   GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON, KAMINSKY, KAPLAN,
   KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALA-
   ZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS,  STAVISKY,  THOMAS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Housing, Construction and Community Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06457-01-1

 S. 2742                             2
 
 HOUSING AND OTHER NECESSITIES DUE TO LOSS OF INCOME RELATED TO THE WIDE-
 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

 S. 2742                             3
 
 FAMILY, A DISABLED FAMILY, A DISPLACED FAMILY, OR THE  REMAINING  MEMBER
 OF A TENANT FAMILY; OR
   (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

 S. 2742                             4
 
 VIOLENCE  OR  CHILDHOOD  ABUSE,  THE PRESENCE OF A CHILD OR YOUTH WITH A
 DISABILITY, OR MULTIPLE BARRIERS TO EMPLOYMENT.
   (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.

 S. 2742                             5
 
   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-
 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:

 S. 2742                             6
 
   (A) THE HISTORICAL INCOME LEVEL OF THE INDIVIDUAL, FAMILY OR HOUSEHOLD
 AS IT RELATES TO THE AREA MEDIAN INCOME;
   (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-

 S. 2742                             7
 
 CANTS  TO  SEEK  ASSISTANCE  FROM  OTHER  SOURCES,  INCLUDING CHARITABLE
 CONTRIBUTIONS, FOR ELIGIBILITY.
   §  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,

 S. 2742                             8

 FAMILY OR HOUSEHOLD IS OBLIGATED TO  PAY  FOR  GAS,  ELECTRICITY,  HEAT,
 WATER, SEWER, AND SOLID WASTE DISPOSAL SERVICES.
   §  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

 S. 2742                             9
 
 MORE THAN THE RENT CHARGED ON COMPARABLE UNITS IN THE PRIVATE UNASSISTED
 MARKET AND RENT CHARGED FOR COMPARABLE UNASSISTED UNITS IN THE PREMISES.
 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

 S. 2742                            10
 
 INSPECTION METHOD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AN AGEN-
 CY  ADMINISTERING  THIS  PROGRAM  MAY  AUTHORIZE  OCCUPANCY  BEFORE  THE
 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.

 S. 2742                            11

   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
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2742--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BROOKS,
   GAUGHRAN,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON, KAMINSKY, KAPLAN,
   KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALA-
   ZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS,  STAVISKY,  THOMAS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee  on  Housing,  Construction  and  Community  Development  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the public housing law and the social services  law,  in
   relation  to  establishing  a  COVID-19  emergency  rental  assistance
   program; and providing for the repeal of such provisions upon  expira-
   tion 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 "COVID-19 emergency rental assistance program of 2021".
   §  2.  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 AND UTILITY ASSIST-
                ANCE.
         603. ALLOCATION AMONG THE CITY OF NEW YORK  AND  THE  RESPECTIVE
                COUNTIES OF THE STATE.
         604. ELIGIBILITY.
         605. APPLICATION.
         606. DOCUMENTATION.
         607. RESTRICTIONS ON EVICTION.
         608. PAYMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06457-04-1

 S. 2742--A                          2
 
         609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME.
         610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS.
         611. NOTICE TO TENANTS RECEIVING RENT DEMANDS.
         612. NOTICE  TO  APPLICANTS  FOR  ASSISTANCE UNDER THE EMERGENCY
                RENT RELIEF ACT OF 2020.
         613. OUTREACH.
         614. FAIR HOUSING OBLIGATIONS.
         615. 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, INCREASED NECESSARY
 OUT-OF-POCKET EXPENSES, OR DIFFICULTY IN  SECURING  ALTERNATIVE  HOUSING
 RELATED  TO THE WIDESPREAD OUTBREAK OF THE CORONAVIRUS COMMONLY KNOWN AS
 COVID-19.   THE LEGISLATURE FURTHER FINDS  THAT  PROVIDING  FUNDING  FOR
 HOUSEHOLDS  TO PAY RENT AND UTILITY COSTS THAT THEY WOULD OTHERWISE HAVE
 DIFFICULTY PAYING WILL PROMOTE THE STABILITY AND PROPER  MAINTENANCE  OF
 THE  RENTAL  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. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF SOCIAL SERVICES
 AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW.
   2. "E-PAYMENT APPLICATION TRANSACTION" SHALL MEAN A  FINANCIAL  TRANS-
 ACTION  CONDUCTED  ON  AN  ONLINE PAYMENT APPLICATION. SUCH APPLICATIONS
 INCLUDE BUT ARE NOT LIMITED TO: ZELLE, CASH APP,  PAYPAL,  VENMO,  XOOM,
 CIRCLE  PAY,  GOOGLE  PAY,  FACEBOOK  MESSENGER,  APPLE PAY, WECHAT PAY,
 ALIPAY, AND KAKAOPAY.
   3. "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.
   4. "FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM" SHALL MEAN THE  EMER-
 GENCY  RENTAL  ASSISTANCE  FUNDING ISSUED PURSUANT TO SECTION 501 OF THE
 CONSOLIDATED APPROPRIATIONS ACT OF 2021, PUB L. NO. 116-260 §501, 888-97
 (2021).
   5. "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER  OF  THE
 HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, 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 BENE-
 FIT 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 BENE-
 FITS, OR THE EARNED INCOME TAX CREDIT.
   6.  "MANUFACTURED  HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
   7. "OCCUPANT" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION  TWO
 HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
   8.  "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.

 S. 2742--A                          3
 
   9. "RENTAL ARREARS" SHALL MEAN UNPAID RENT OWED TO THE  LANDLORD  THAT
 ACCRUED  ON  OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY, THE DATE OF
 THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF  THE  ROBERT  T.
 STAFFORD  DISASTER  RELIEF  AND  EMERGENCY  ASSISTANCE  ACT,  42  U.S.C.
 5191(B).
   10. "UTILITY ARREARS" SHALL MEAN UNPAID PAYMENTS TO PROVIDERS OF UTIL-
 ITY  SERVICES ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY,
 THE DATE OF THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF  THE
 ROBERT  T.  STAFFORD  DISASTER  RELIEF  AND EMERGENCY ASSISTANCE ACT, 42
 U.S.C. 5191(B), FOR SEPARATELY-STATED ELECTRICITY,  GAS,  WATER,  SEWER,
 TRASH REMOVAL AND ENERGY COSTS, SUCH AS FUEL OIL.
   § 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSISTANCE.
 1.  THE  COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT, AS
 SOON AS PRACTICABLE, A PROGRAM OF  RENTAL  AND  UTILITY  ASSISTANCE  FOR
 THOSE ELIGIBLE PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
   2.  SUCH  PROGRAM  SHALL BE FUNDED WITH: (A) ALL FUNDS RECEIVED BY THE
 STATE FROM THE FEDERAL  EMERGENCY  ASSISTANCE  PROGRAM;  (B)  ANY  FUNDS
 REMAINING  THAT WERE ALLOCATED FROM THE FEDERAL CORONAVIRUS AID, RELIEF,
 AND ECONOMIC SECURITY (CARES) ACT OF 2020 (P.L. 116-136) FOR  THE  EMER-
 GENCY  RENT  RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-
 FIVE OF THE LAWS OF TWO THOUSAND TWENTY, SUCH THAT THE SUM OF SUCH FUNDS
 ACTUALLY EXPENDED PURSUANT TO SUCH CHAPTER AND THAT SUCH  FUNDS  REALLO-
 CATED  AND  EXPENDED  PURSUANT  TO  THIS ARTICLE SHALL EQUAL ONE HUNDRED
 MILLION DOLLARS; AND (C) ANY ADDITIONAL FUNDS ALLOCATED BY  THE  FEDERAL
 GOVERNMENT  TO  THE  STATE  OF  NEW YORK FOR EMERGENCY RENTAL OR UTILITY
 ASSISTANCE RELATED TO THE COVID-19 PANDEMIC.
   3. THE COMMISSIONER SHALL WORK WITH LOCALITIES  THROUGHOUT  THE  STATE
 THAT  HAVE  RECEIVED  FUNDS  DIRECTLY  FROM THE FEDERAL EMERGENCY RENTAL
 ASSISTANCE PROGRAM SO THAT ONE CENTRAL POINT  OF  APPLICATION  SHALL  BE
 MADE  AVAILABLE  FOR  ANY  AND  ALL  FEDERAL EMERGENCY RENTAL ASSISTANCE
 PROGRAM FUNDS IN THE STATE OF NEW YORK.
   4. THE COMMISSIONER SHALL ADOPT, ON AN  EMERGENCY  BASIS  PURSUANT  TO
 SUBDIVISION  SIX  OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT, ANY RULES NECESSARY TO CARRY OUT THE PROVISIONS  OF  THIS
 ARTICLE.
   §  603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE COUN-
 TIES OF THE STATE. THE COMMISSIONER AND  EACH  LOCALITY  IN  RECEIPT  OF
 FUNDS  FROM  THE  FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM SHALL WORK
 JOINTLY TO ENSURE THAT, IN TOTAL, THE  ALLOCATION  OF  FUNDS  FROM  THIS
 PROGRAM FOR HOUSEHOLDS WITHIN THE CITY OF NEW YORK OR WITHIN EACH COUNTY
 OUTSIDE  THE  CITY OF NEW YORK, WHETHER GRANTED TO THE STATE OR DIRECTLY
 TO SUCH LOCALITIES IS NO LESS THAN NINETY PERCENT  OF  THE  PROPORTIONAL
 SHARE  OF ALL RENTER HOUSEHOLDS IN THE STATE THAT RESIDE IN SUCH CITY OR
 COUNTY, AND NO MORE THAN ONE HUNDRED TEN PERCENT  OF  SUCH  PROPORTIONAL
 SHARE.
   §  604.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR THIS PROGRAM.
   1. ALL HOUSEHOLDS, REGARDLESS OF IMMIGRATION STATUS, SHALL BE ELIGIBLE
 FOR RENTAL ASSISTANCE, UTILITY ASSISTANCE, OR BOTH IF THE HOUSEHOLD:
   (A) 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;
   (B)  INCLUDES  AN INDIVIDUAL WHO QUALIFIES FOR UNEMPLOYMENT OR EXPERI-
 ENCED A REDUCTION IN HOUSEHOLD INCOME, INCURRED  SIGNIFICANT  COSTS,  OR
 EXPERIENCED OTHER FINANCIAL HARDSHIP DUE, DIRECTLY OR INDIRECTLY, TO THE
 COVID-19 OUTBREAK;

 S. 2742--A                          4
 
   (C)  DEMONSTRATE A RISK OF EXPERIENCING HOMELESSNESS OR HOUSING INSTA-
 BILITY; AND
   (D)  HAS  A  HOUSEHOLD  INCOME  AT OR BELOW EIGHTY PERCENT OF THE AREA
 MEDIAN, ADJUSTED FOR HOUSEHOLD SIZE.
   2. FOR THE PURPOSES OF THIS PROGRAM, INCOME MAY BE CONSIDERED:
   (A) THE HOUSEHOLD'S TOTAL INCOME FOR CALENDAR YEAR TWO THOUSAND  TWEN-
 TY; OR
   (B)  THE HOUSEHOLD'S CURRENT MONTHLY INCOME AT THE TIME OF APPLICATION
 FOR SUCH ASSISTANCE.  IF A HOUSEHOLD IS APPLYING  FOR  ASSISTANCE  USING
 CURRENT MONTHLY INCOME, THE HOUSEHOLD SHALL ONLY BE ELIGIBLE FOR ASSIST-
 ANCE  FOR  THE MONTHS DURING WHICH THEY MEET THE CRITERIA IN SUBDIVISION
 ONE OF THIS SECTION.
   3. 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. THE COMMISSIONER SHALL
 EXCLUDE AT LEAST ONE VEHICLE UP TO FIFTEEN  THOUSAND  DOLLARS  IN  VALUE
 FROM ANY CALCULATION MADE PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER SHALL ESTABLISH PREFERENCES IN PROCESSING APPLICA-
 TIONS AND ALLOCATING FUNDS UNDER THIS PROGRAM. SUCH PREFERENCES SHALL AT
 A MINIMUM PRIORITIZE:
   (A)  HOUSEHOLDS WHOSE INCOME DOES NOT EXCEED FIFTY PERCENT OF THE AREA
 MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE; AND
   (B) HOUSEHOLDS WITHIN WHICH ONE OR MORE INDIVIDUALS ARE UNEMPLOYED  AS
 OF THE DATE OF THE APPLICATION FOR ASSISTANCE AND HAVE NOT BEEN EMPLOYED
 FOR THE NINETY DAYS PRECEDING SUCH DATE.
   5. THE COMMISSIONER MAY ALSO GRANT PREFERENCES FOR HOUSEHOLDS WHO MEET
 ONE OF THE CRITERIA IN SUBDIVISION FOUR OF THIS SECTION AND:
   (A)  ARE  TENANTS  OF  MOBILE HOMES OR MOBILE HOME PARKS WHOSE ARREARS
 HAVE ACCRUED FOR THE LAND ON WHICH THE MOBILE HOME IS LOCATED;
   (B) INCLUDE ONE OR  MORE  INDIVIDUALS  WHO  ARE  VICTIMS  OF  DOMESTIC
 VIOLENCE;
   (C) APPLY JOINTLY WITH THEIR LANDLORD; OR
   (D)  HAVE EVICTION CASES THAT ARE PENDING ON OR BEFORE FEBRUARY FIRST,
 TWO THOUSAND TWENTY-ONE.
   6. A HOUSEHOLD MAY APPLY FOR UTILITY ASSISTANCE, RENTAL ASSISTANCE, OR
 BOTH.
   7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO  DISQUALIFY  APPLICA-
 TIONS FROM TENANTS OF STATE-FUNDED PUBLIC HOUSING AGENCIES.
   8.  NO  RENTAL  ASSISTANCE  PROVIDED PURSUANT TO THIS ARTICLE SHALL BE
 DUPLICATIVE OF ASSISTANCE FOR RENT OR RENTAL ARREARS PREVIOUSLY RECEIVED
 BY THE HOUSEHOLD.
   9. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED  BY  THE  COMMIS-
 SIONER  SHALL  BE  RESOLVED  IN  FAVOR OF THE APPLICANT WHEN DETERMINING
 ELIGIBILITY.
   10. ANY INFORMATION COLLECTED ABOUT A  HOUSEHOLD  IN  THE  PROCESS  OF
 DETERMINING  ELIGIBILITY SHALL SOLELY BE USED FOR THE PURPOSES OF DETER-
 MINING ELIGIBILITY AND SHALL NOT BE SHARED WITH ANY  OTHER  GOVERNMENTAL
 AGENCY.
   11.  AN INDIVIDUAL FULL-TIME COLLEGE STUDENT OR A HOUSEHOLD CONSISTING
 EXCLUSIVELY OF FULL-TIME COLLEGE STUDENTS IS INELIGIBLE FOR THIS PROGRAM
 UNLESS EACH INDIVIDUAL IN THE HOUSEHOLD SATISFIES THE  FOLLOWING  CONDI-
 TIONS:
   (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

 S. 2742--A                          5
 
   (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.
   §  605. APPLICATION. 1. AS SOON AS PRACTICABLE AND NO LATER THAN MARCH
 FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL MAKE AN  APPLICA-
 TION  FOR THE PROGRAM AVAILABLE ON ITS WEBSITE. THE APPLICATION SHALL BE
 AVAILABLE ONLINE IN ENGLISH, SPANISH, CHINESE, RUSSIAN, YIDDISH, HAITIAN
 (FRENCH CREOLE), BENGALI, AND ITALIAN.  THE  COMMISSIONER  SHALL  ENABLE
 APPLICATIONS  TO BE ACCEPTED VIA TELEPHONE. THE APPLICATION PERIOD SHALL
 REMAIN OPEN FOR A MINIMUM OF ONE HUNDRED EIGHTY DAYS UNLESS  ALL  AVAIL-
 ABLE  FUNDING  HAS BEEN ALLOCATED PRIOR TO THE EXPIRATION OF ONE HUNDRED
 EIGHTY DAYS.
   2. THE COMMISSIONER SHALL DESIGNATE NON-FOR-PROFIT ORGANIZATIONS  THAT
 SHALL  BE  PERMITTED TO ASSIST HOUSEHOLDS IN APPLYING FOR ASSISTANCE AND
 SUCH ORGANIZATIONS SHALL BE PERMITTED TO FILE APPLICATIONS ON BEHALF  OF
 SUCH HOUSEHOLDS.
   3.  THE  COMMISSIONER SHALL PROVIDE FOR PROCEDURES UNDER WHICH A LAND-
 LORD OR OWNER OF A RESIDENTIAL DWELLING SHALL BE PERMITTED TO SUBMIT  AN
 APPLICATION  FOR  ASSISTANCE  ON  BEHALF OF A TENANT OR OCCUPANT OF SUCH
 DWELLING. SUCH LANDLORD OR OWNER SHALL BE REQUIRED TO:
   (A) OBTAIN THE SIGNATURE OF THE TENANT ON SUCH APPLICATION, WHICH  MAY
 BE DOCUMENTED ELECTRONICALLY;
   (B) PROVIDE THE TENANT WITH DOCUMENTATION OF SUCH APPLICATION;
   (C)  USE  ANY  PAYMENTS  RECEIVED  PURSUANT  TO THIS ARTICLE SOLELY TO
 SATISFY THE TENANT'S RENTAL OBLIGATIONS TO THE LANDLORD OR OWNER; AND
   (D) KEEP CONFIDENTIAL ANY INFORMATION OR DOCUMENTATION FROM  OR  ABOUT
 THE TENANT ACQUIRED PURSUANT TO THIS APPLICATION PROCESS.
   § 606. DOCUMENTATION. THE COMMISSIONER SHALL ESTABLISH PROCEDURES THAT
 ARE  APPROPRIATE  AND  NECESSARY TO ASSURE THAT INFORMATION NECESSARY TO
 DETERMINE ELIGIBILITY PROVIDED BY HOUSEHOLDS APPLYING FOR  OR  RECEIVING
 ASSISTANCE  UNDER  THIS  ARTICLE IS COMPLETE AND ACCURATE. DOCUMENTATION
 MAY INCLUDE BUT IS NOT LIMITED TO: A SIGNED LEASE, PAYCHECK STUBS, EARN-
 ING STATEMENTS, BANK STATEMENTS, TAX RECORDS, W-2 OR 1099 FORMS,  E-PAY-
 MENT  APPLICATION  TRANSACTION HISTORY, WRITTEN STATEMENTS FROM A FORMER
 OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT  WITH  A  FORMER  OR
 CURRENT  EMPLOYER,  SELF-ATTESTATION  BY THE APPLICANT, OR OTHER METHODS
 APPROVED BY THE COMMISSIONER. WHEN SELF-ATTESTATION IS USED AS  DOCUMEN-
 TATION,  THE APPLICANT SHALL ALSO ATTEST THAT THE APPLICANT HAS NO OTHER
 DOCUMENTATION AVAILABLE.
   § 607. RESTRICTIONS  ON  EVICTION.  EVICTION  PROCEEDINGS  FOR  RENTAL
 ARREARS THAT WOULD BE ELIGIBLE FOR COVERAGE UNDER THIS PROGRAM SHALL NOT
 BE COMMENCED AGAINST A HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS
 OR   UNTIL  A  DETERMINATION  OF  INELIGIBILITY  IS  MADE.  IF  EVICTION
 PROCEEDINGS ARE COMMENCED AGAINST A 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.
   § 608. PAYMENTS. 1. PAYMENTS SHALL BE MADE FOR RENTAL  AND/OR  UTILITY
 ARREARS  ACCRUED  ON  OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY. NO
 MORE THAN TWELVE  MONTHS  OF  RENTAL  AND/OR  UTILITY  ASSISTANCE,  BOTH
 ARREARS OR PROSPECTIVE, MAY BE PAID ON BEHALF OF OR TO ANY HOUSEHOLD. NO
 PROSPECTIVE RENT MAY BE PAID UNLESS OR UNTIL ALL RENTAL ARREARS PAYMENTS
 HAVE  BEEN  MADE TO OR ON BEHALF OF HOUSEHOLDS WHO ARE ELIGIBLE FOR THIS
 PROGRAM PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
   2. IF ALL ELIGIBLE HOUSEHOLDS WHOSE APPLICATIONS ARE  RECEIVED  WITHIN
 SIXTY  DAYS  OF  THE START OF THE APPLICATION PERIOD RECEIVE ASSISTANCE,

 S. 2742--A                          6
 
 THE COMMISSIONER MAY PAY AN ADDITIONAL THREE  MONTHS  OF  RENTAL  AND/OR
 UTILITY  ASSISTANCE FOR RENTAL OR UTILITY ARREARS ACCRUED AFTER THE DATE
 OF APPLICATION OR PROSPECTIVE RENT. NO HOUSEHOLD MAY RECEIVE  MORE  THAN
 FIFTEEN  MONTHS  OF  TOTAL RENTAL AND/OR UTILITY ASSISTANCE. ELIGIBILITY
 FOR ASSISTANCE SHALL BE REASSESSED  FOR  EACH  HOUSEHOLD  BEFORE  RENTAL
 ASSISTANCE IS ISSUED PURSUANT TO THIS SUBDIVISION.
   3. PAYMENTS FOR RENTAL ARREARS OR PROSPECTIVE RENT SHALL BE THE LESSER
 OF  THE  MONTHLY  RENT FOR THE HOUSEHOLD OR ONE HUNDRED FIFTY PERCENT OF
 THE FAIR MARKET RENT FOR THE DWELLING UNIT. 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
 ONE  OF  THIS  SECTION. UTILITY ASSISTANCE SHALL BE PAID DIRECTLY TO THE
 UTILITY.  THE COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO  OBTAIN  THE
 COOPERATION  OF  LANDLORDS AND UTILITY PROVIDERS TO ACCEPT PAYMENTS FROM
 THIS PROGRAM.  OUTREACH SHALL BE CONSIDERED COMPLETE IF  A  REQUEST  FOR
 PARTICIPATION  IS SENT IN WRITING, BY CERTIFIED MAIL, TO THE LANDLORD OR
 UTILITY PROVIDER, AND THE ADDRESSEE DOES  NOT  RESPOND  TO  THE  REQUEST
 WITHIN  TWENTY-ONE  CALENDAR  DAYS  AFTER MAILING; OR, IF AT LEAST THREE
 ATTEMPTS HAVE BEEN MADE BY PHONE OR EMAIL OVER A TWENTY-ONE CALENDAR-DAY
 PERIOD TO REQUEST THE LANDLORD OR UTILITY PROVIDER'S PARTICIPATION.  ALL
 SUCH OUTREACH EFFORTS SHALL BE DOCUMENTED.
   4.  IF  THE LANDLORD OR UTILITY PROVIDER IS UNCOOPERATIVE OR UNRESPON-
 SIVE AFTER OUTREACH EFFORTS ARE MADE PURSUANT TO  SUBDIVISION  THREE  OF
 THIS  SECTION, THE COMMISSIONER MAY MAKE PAYMENTS DIRECTLY TO THE ELIGI-
 BLE HOUSEHOLD FOR THE PURPOSE OF ENABLING THE HOUSEHOLD TO MAKE PAYMENTS
 TO THE LANDLORD  OR  UTILITY  PROVIDER.  THE  COMMISSIONER  MAY  REQUIRE
 DOCUMENTATION  FROM  ANY  HOUSEHOLDS RECEIVING SUCH PAYMENTS THAT MONIES
 RECEIVED WERE USED IN COMPLIANCE WITH THIS PROGRAM.
   5. ACCEPTANCE OF PAYMENT FOR RENTAL ARREARS FROM  THIS  PROGRAM  SHALL
 CONSTITUTE AGREEMENT BY THE RECIPIENT LANDLORD OR PROPERTY OWNER:
   (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 SAME AS 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  ASSIST-
 ANCE PAYMENT IS RECEIVED; AND
   (C)  NOT  TO EVICT FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY ANY
 HOUSEHOLD ON BEHALF OF WHOM RENTAL ASSISTANCE IS RECEIVED FOR  ONE  YEAR
 AFTER  THE FIRST RENTAL ASSISTANCE PAYMENT IS RECEIVED. WHERE THE DWELL-
 ING UNIT THAT IS THE SUBJECT OF THE LEASE OR RENTAL AGREEMENT IS LOCATED
 IN A BUILDING THAT 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  AS  A  PRIMARY
 RESIDENCE  OR  THE  USE OF AN IMMEDIATE FAMILY MEMBER AS A PRIMARY RESI-
 DENCE.
   § 609. NO REPAYMENT AND ASSISTANCE  NOT  CONSIDERED  INCOME.  ELIGIBLE
 HOUSEHOLDS  SHALL  NOT  BE  EXPECTED OR REQUIRED TO REPAY ANY ASSISTANCE
 GRANTED THROUGH THIS PROGRAM. ASSISTANCE GRANTED  THROUGH  THIS  PROGRAM
 SHALL  NOT  BE  CONSIDERED INCOME FOR PURPOSES OF ELIGIBILITY FOR PUBLIC
 BENEFITS OR OTHER PUBLIC ASSISTANCE, BUT SHALL BE CONSIDERED  A  "SOURCE
 OF  INCOME"  FOR  PURPOSES  OF THE PROTECTIONS AGAINST HOUSING DISCRIMI-
 NATION PROVIDED UNDER SECTION TWO HUNDRED NINETY-SIX 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 THIS PROGRAM.

 S. 2742--A                          7
 
   § 610. NOTICE TO TENANTS IN  EVICTION  PROCEEDINGS.  IN  ANY  EVICTION
 PROCEEDING  PENDING  AS  OF  THE  EFFECTIVE DATE OF THIS ARTICLE AND ANY
 EVICTION PROCEEDING FILED WHILE  APPLICATIONS  ARE  BEING  ACCEPTED  FOR
 ASSISTANCE  PURSUANT TO THIS ARTICLE, THE COURT SHALL  PROMPTLY MAIL 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.
   §  611.  NOTICE  TO TENANTS RECEIVING RENT DEMANDS. WITH EVERY WRITTEN
 DEMAND FOR RENT MADE  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION  SEVEN
 HUNDRED  ELEVEN  OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, WITH
 ANY OTHER WRITTEN NOTICE REQUIRED BY THE LEASE OR TENANCY AGREEMENT, LAW
 OR RULE TO BE PROVIDED PRIOR TO THE COMMENCEMENT OF AN EVICTION PROCEED-
 ING, AND WITH EVERY NOTICE OF PETITION SERVED  ON  A  TENANT  AFTER  THE
 EFFECTIVE DATE OF THIS ARTICLE AND WHILE APPLICATIONS ARE BEING ACCEPTED
 FOR  ASSISTANCE  PURSUANT  TO  THIS  ARTICLE, THE LANDLORD SHALL PROVIDE
 INFORMATION REGARDING HOW A TENANT MAY APPLY FOR SUCH ASSISTANCE,  IN  A
 FORM APPROVED BY THE COMMISSIONER OR THE OFFICE OF COURT ADMINISTRATION,
 IN  ENGLISH,  AND,  TO THE EXTENT   PRACTICABLE, IN THE TENANT'S PRIMARY
 LANGUAGE, IF OTHER THAN ENGLISH.
   § 612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER  THE  EMERGENCY  RENT
 RELIEF  ACT  OF 2020. THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
 SIONER OF THE DIVISION  OF  HOUSING  AND  COMMUNITY  DEVELOPMENT,  SHALL
 PROVIDE  NOTICE  OF HOW TO APPLY FOR ASSISTANCE PURSUANT TO THIS ARTICLE
 TO EACH TENANT WHO APPLIED  FOR  ASSISTANCE  UNDER  THE  EMERGENCY  RENT
 RELIEF  ACT  OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-FIVE OF THE
 LAWS OF TWO THOUSAND TWENTY. SUCH NOTICE SHALL BE PROVIDED  IN  ENGLISH,
 AND,  TO  THE EXTENT   PRACTICABLE, IN THE TENANT'S PRIMARY LANGUAGE, IF
 OTHER THAN ENGLISH.
   § 613. OUTREACH. THE COMMISSIONER SHALL ENSURE THAT EXTENSIVE OUTREACH
 IS CONDUCTED TO INCREASE AWARENESS OF THIS  PROGRAM  AMONG  TENANTS  AND
 LANDLORDS.  THE  COMMISSIONER  SHALL PRIORITIZE FOR OUTREACH COMMUNITIES
 WHERE THE MEDIAN INCOME OF RESIDENTS IS LESS THAN EIGHTY PERCENT OF  THE
 AREA  MEDIAN  INCOME  FOR THE REGION, COMMUNITIES WITH THE HIGHEST UNEM-
 PLOYMENT RATES, AND COMMUNITIES THAT EXPERIENCED THE  HIGHEST  RATES  OF
 COVID-19  INFECTIONS DURING THE PANDEMIC, AND TO THE EXTENT PRACTICABLE,
 COMMUNITIES WITH HIGH RATES OF OWNERSHIP  OF  RENTAL  HOUSING  BY  SMALL
 LANDLORDS. THE COMMISSIONER SHALL ENSURE THAT SUCH OUTREACH IS CONDUCTED
 WITH  MATERIALS  WRITTEN  IN  THE LANGUAGES LISTED IN SUBDIVISION ONE OF
 SECTION SIX HUNDRED FIVE OF THIS ARTICLE, AND TO THE EXTENT  PRACTICABLE
 IN  OTHER  LANGUAGES  COMMONLY  SPOKEN BY RESIDENTS OF THOSE COMMUNITIES
 REQUIRED TO BE PRIORITIZED PURSUANT TO THIS SECTION,  AS  PER  THE  MOST
 RECENT AMERICAN COMMUNITY SURVEY FROM THE UNITED STATES CENSUS BUREAU.
   §  614. FAIR HOUSING OBLIGATIONS. NOTHING IN THIS ARTICLE SHALL LESSEN
 OR ABRIDGE ANY FAIR  HOUSING  OBLIGATIONS  PROMULGATED  BY  THE  FEDERAL
 GOVERNMENT,  STATE,  MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE
 JURISDICTION.
   § 615. REPORTS BY THE COMMISSIONER.  THE  COMMISSIONER  SHALL,  ON  OR
 BEFORE  APRIL  TWENTIETH,  TWO THOUSAND TWENTY-ONE, AND ON OR BEFORE THE
 TWENTIETH OF EACH MONTH THEREAFTER FOR  THE  DURATION  OF  THE  PROGRAM,
 SUBMIT AND MAKE PUBLICLY AVAILABLE ON ITS WEBSITE A REPORT TO THE GOVER-
 NOR,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE
 ASSEMBLY, INDICATING THE NUMBER OF  HOUSEHOLDS  THAT  HAVE  APPLIED  FOR
 RENTAL  ASSISTANCE  ONLY, THE NUMBER OF HOUSEHOLDS THAT HAVE APPLIED FOR
 UTILITY ASSISTANCE ONLY, THE NUMBER OF HOUSEHOLDS THAT HAVE APPLIED  FOR
 BOTH  RENTAL AND UTILITY ASSISTANCE, THE NUMBER OF APPLICATIONS FOR EACH
 TYPE OF ASSISTANCE APPROVED, THE NUMBER OF APPLICATIONS FOR EACH TYPE OF

 S. 2742--A                          8
 
 ASSISTANCE REJECTED, THE STATUS OF ANY  PENDING  APPLICATIONS,  AND  THE
 MONTHLY  EXPENDITURES  MADE  PURSUANT  TO  THIS ARTICLE FOR EACH TYPE OF
 ASSISTANCE.  EACH NUMBER REQUIRED TO BE INCLUDED IN THE REPORT SHALL  BE
 REPORTED  AS  A STATEWIDE TOTAL FROM THE START OF THE PROGRAM THOUGH THE
 END OF THE PRECEDING CALENDAR MONTH AND AS A SUBTOTAL FOR  EACH  COUNTY,
 BASED ON THE LOCATION OF THE PREMISES FOR WHICH THE APPLICANT HAS SOUGHT
 ASSISTANCE.
   § 3. The social services law is amended by adding a new section 131-bb
 to read as follows:
   § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
 STANCES  SHALL  A  LOCAL  SOCIAL  SERVICES DISTRICT REQUIRE PROOF THAT A
 COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A  CONDITION  OF
 ELIGIBILITY  FOR  A  RENT  ARREARS  GRANT  OR  ONGOING RENTAL ASSISTANCE
 INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
   § 4.Section 131-w of the social services law, as added by  chapter  41
 of the laws of 1992, is amended to read as follows:
   §  131-w.  Limitations  in  the  payment of rent arrears. 1. Districts
 shall not provide assistance to pay  rent  arrears,  property  taxes  or
 mortgage  arrears  for  persons  not  eligible  for  home relief, aid to
 dependent children, emergency assistance to needy families with children
 or emergency assistance for aged, blind and disabled persons, except  to
 persons  who  are  without  income or resources immediately available to
 meet the emergency need, whose gross household income  does  not  exceed
 one  hundred  twenty-five percent of the federal income official poverty
 line and who sign a repayment agreement agreeing to repay the assistance
 in a period not to exceed twelve months.   The districts  shall  enforce
 the repayment agreements by any legal method available to a creditor, in
 addition  to  any rights it has pursuant to this chapter. The department
 shall promulgate regulations to  implement  this  section  which  shall,
 among  other  things,  establish standards for the contents of repayment
 agreements and establish standards to ensure that assistance is provided
 only in emergency circumstances.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
 MARCH  SEVENTH,  TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER THIRTY-
 FIRST, TWO THOUSAND  TWENTY-ONE  OR  THE  DATE  ON  WHICH  NONE  OF  THE
 PROVISIONS  THAT  CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI-
 NESSES 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 OF TWO THOUSAND
 TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED  IN
 RESPONSE  TO  THE  COVID-19  PANDEMIC  CONTINUE  TO APPLY IN THE SERVICE
 DISTRICT. ANY  PAYMENT  DUE  AND  OWING  UNDER  THIS  SECTION  SHALL  BE
 SUSPENDED  UNTIL  THE LATER OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHER-
 WISE RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC  ACCOM-
 MODATION,  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 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY ANY
 FUTURE EXECUTIVE ORDER, ISSUED IN  RESPONSE  TO  THE  COVID-19  PANDEMIC
 CONTINUE TO APPLY TO THE SERVICE DISTRICT.

 S. 2742--A                          9
 
   §  5.  Subdivision  1  of section 131-s of the social services law, as
 amended by chapter 318 of the laws  of  2009,  is  amended  to  read  as
 follows:
   1. (A) In the case of a person applying for public assistance, supple-
 mental security income benefits or additional state payments pursuant to
 this  chapter,  the  social  services  official  of  the social services
 district in which such person resides shall, unless alternative  payment
 or living arrangements can be made, make a payment to a gas corporation,
 electric  corporation  or  municipality  for  services  provided to such
 person during a period of up to, but not exceeding,  four  months  imme-
 diately  preceding the month of application for such assistance or bene-
 fits if such payment  is  needed  to  prevent  shut-off  or  to  restore
 service. Persons whose gross household income exceeds the public assist-
 ance  standard of need for the same size household must sign a repayment
 agreement to repay the assistance  within  two  years  of  the  date  of
 payment as a condition of receiving assistance, in accordance with regu-
 lations  established  by the department. Such repayment agreement may be
 enforced in any manner available to  a  creditor,  in  addition  to  any
 rights the district may have pursuant to this chapter.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR  ASSISTANCE  PROVIDED
 BETWEEN  MARCH  SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE  OF  THE
 PROVISIONS  THAT  CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI-
 NESSES 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 OF TWO THOUSAND
 TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED  IN
 RESPONSE  TO  THE  COVID-19  PANDEMIC  CONTINUE  TO APPLY IN THE SERVICE
 DISTRICT.
   § 6. Section 106-b of the social services law, as amended  by  chapter
 81 of the laws of 1995, is amended to read as follows:
   §  106-b.  Adjustment  for  incorrect  payments.  1.  Any inconsistent
 provision of law notwithstanding, a social services official  shall,  in
 accordance  with  the  regulations of the department and consistent with
 federal law and regulations, take all necessary  steps  to  correct  any
 overpayment  or underpayment to a public assistance recipient; provided,
 however, that a social services official may waive recovery  of  a  past
 overpayment, in the case of an individual who is not currently a recipi-
 ent of public assistance, where the cost of recovery is greater than the
 cost  of  collections  as determined in accordance with department regu-
 lations consistent with federal law and regulations.   For  purposes  of
 this  section,  overpayment  shall  include payments made to an eligible
 person in excess of his needs as defined in this  chapter  and  payments
 made  to  ineligible  persons  (including  payments made to such persons
 pending a fair hearings decision).  The  commissioner  shall  promulgate
 regulations  to  implement  procedures  for  correcting overpayments and
 underpayments. The  procedures  for  correcting  overpayments  shall  be
 designed  to minimize adverse impact on the recipient, and to the extent
 possible avoid undue hardship.  Notwithstanding any other  provision  of
 law  to the contrary, no underpayment shall be corrected with respect to
 a person who is currently not eligible for or in receipt of home  relief
 or  aid  to  dependent  children, except that corrective payments may be
 made with respect to persons formerly eligible for or in receipt of  aid

 S. 2742--A                         10
 
 to  dependent  children  to  the extent that federal law and regulations
 require.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
 OVERPAYMENT ACCRUED, UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE OR 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-ES-
 SENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON  IN  EXECU-
 TIVE  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  EXECU-
 TIVE  ORDER  NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY-ONE AND AS
 FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED  IN  RESPONSE  TO
 THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT.
   § 7. 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.
   §  8.  This  act shall take effect immediately and shall expire on the
 later of December 31, 2021 or 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 of two thousand
 twenty and as further extended by any future executive order, issued  in
 response  to  the  COVID-19  pandemic  continue to apply anywhere in the
 state, when upon such date the provisions of this act  shall  be  deemed
 repealed;  provided that the state commissioner of social services shall
 notify the legislative bill drafting commission upon the date  on  which
 none  of  the  provisions  that closed or otherwise restricted public or
 private businesses or places of public accommodation, or required  post-
 ponement  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  of  two  thousand  twenty  and as further extended by any future
 executive order, issued in response to the COVID-19 pandemic continue to
 apply anywhere in the state, in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2742--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. KAVANAGH, PERSAUD, ADDABBO, BAILEY, BENJAMIN, BIAG-
   GI, BROOKS, BROUK, COONEY,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  HINCHEY,
   HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KENNEDY, KRUEGER, LIU, MAY, MAYER,
   MYRIE, PARKER, RAMOS, REICHLIN-MELNICK, RIVERA, RYAN, SALAZAR, SAVINO,
   SEPULVEDA,  SERRANO,  SKOUFIS,  STAVISKY,  THOMAS  --  read  twice and
   ordered printed, and when printed to be committed to the Committee  on
   Housing,   Construction   and   Community   Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public housing law and the social services  law,  in
   relation  to  establishing  a  COVID-19  emergency  rental  assistance
   program; and providing for the repeal of such provisions upon  expira-
   tion 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 "COVID-19 emergency rental assistance program of 2021".
   §  2.  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 AND UTILITY ASSIST-
                ANCE.
         603. ALLOCATION AMONG THE CITY OF NEW YORK  AND  THE  RESPECTIVE
                COUNTIES OF THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06457-08-1

 S. 2742--C                          2
 
         604. ELIGIBILITY.
         605. APPLICATION.
         606. DOCUMENTATION.
         607. RESTRICTIONS ON EVICTION.
         608. PAYMENTS.
         609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME.
         610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS.
         611. NOTICE TO TENANTS RECEIVING RENT DEMANDS.
         612. NOTICE  TO  APPLICANTS  FOR  ASSISTANCE UNDER THE EMERGENCY
                RENT RELIEF ACT OF 2020.
         613. OUTREACH.
         614. FAIR HOUSING OBLIGATIONS.
         615. 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, INCREASED NECESSARY
 OUT-OF-POCKET EXPENSES, OR DIFFICULTY IN  SECURING  ALTERNATIVE  HOUSING
 RELATED  TO THE WIDESPREAD OUTBREAK OF THE CORONAVIRUS COMMONLY KNOWN AS
 COVID-19.   THE LEGISLATURE FURTHER FINDS  THAT  PROVIDING  FUNDING  FOR
 HOUSEHOLDS  TO PAY RENT AND UTILITY COSTS THAT THEY WOULD OTHERWISE HAVE
 DIFFICULTY PAYING WILL PROMOTE THE STABILITY AND PROPER  MAINTENANCE  OF
 THE  RENTAL  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. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF SOCIAL SERVICES
 AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW.
   2. "E-PAYMENT APPLICATION TRANSACTION" SHALL MEAN A  FINANCIAL  TRANS-
 ACTION  CONDUCTED  ON  AN  ONLINE PAYMENT APPLICATION. SUCH APPLICATIONS
 INCLUDE BUT ARE NOT LIMITED TO: ZELLE, CASH APP,  PAYPAL,  VENMO,  XOOM,
 CIRCLE  PAY,  GOOGLE  PAY,  FACEBOOK  MESSENGER,  APPLE PAY, WECHAT PAY,
 ALIPAY, AND KAKAOPAY.
   3. "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.
   4. "FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM" SHALL MEAN THE  EMER-
 GENCY  RENTAL  ASSISTANCE  FUNDING ISSUED PURSUANT TO SECTION 501 OF THE
 CONSOLIDATED APPROPRIATIONS ACT OF 2021, PUB L. NO. 116-260 §501, 888-97
 (2021).
   5. "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER  OF  THE
 HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, 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 BENE-
 FIT OR CASH GRANT. THE TERM "INCOME"  SHALL  NOT  INCLUDE:    EMPLOYMENT
 INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM
 INDIVIDUALS  EIGHTEEN  YEARS  OF AGE OR OLDER WHO ARE FULL-TIME STUDENTS
 AND ARE ELIGIBLE TO BE CLAIMED AS DEPENDENTS PURSUANT TO INTERNAL REVEN-
 UE SERVICE REGULATIONS, FOSTER CARE PAYMENTS, SPORADIC GIFTS,  GROCERIES
 PROVIDED  BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM BENEFITS, OR THE EARNED INCOME TAX CREDIT.
   6. "MANUFACTURED HOME TENANT" SHALL HAVE THE SAME MEANING  AS  DEFINED
 BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.

 S. 2742--C                          3
 
   7.  "OCCUPANT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SECTION TWO
 HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
   8.  "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.
   9. "RENTAL ARREARS" SHALL MEAN UNPAID RENT OWED TO THE  LANDLORD  THAT
 ACCRUED  ON  OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY, THE DATE OF
 THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF  THE  ROBERT  T.
 STAFFORD  DISASTER  RELIEF  AND  EMERGENCY  ASSISTANCE  ACT,  42  U.S.C.
 5191(B).
   10. "SMALL AREA FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT  FOR
 EACH  ZIP  CODE WITHIN A LARGE METROPOLITAN AREA AS PROMULGATED ANNUALLY
 BY THE UNITED STATES  DEPARTMENT  OF  HOUSING  AND  URBAN  DEVELOPMENT'S
 OFFICE OF POLICY DEVELOPMENT AND RESEARCH.
   11. "UTILITY ARREARS" SHALL MEAN UNPAID PAYMENTS TO PROVIDERS OF UTIL-
 ITY  SERVICES ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY,
 THE DATE OF THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF  THE
 ROBERT  T.  STAFFORD  DISASTER  RELIEF  AND EMERGENCY ASSISTANCE ACT, 42
 U.S.C. 5191(B), FOR SEPARATELY-STATED ELECTRICITY,  GAS,  WATER,  SEWER,
 TRASH REMOVAL AND ENERGY COSTS, SUCH AS FUEL OIL.
   § 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSISTANCE.
 1.  THE  COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT, AS
 SOON AS PRACTICABLE, A PROGRAM OF  RENTAL  AND  UTILITY  ASSISTANCE  FOR
 THOSE ELIGIBLE PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
   2.  SUCH  PROGRAM  SHALL BE FUNDED WITH: (A) ALL FUNDS RECEIVED BY THE
 STATE FROM THE FEDERAL  EMERGENCY  ASSISTANCE  PROGRAM;  (B)  ANY  FUNDS
 REMAINING  THAT WERE ALLOCATED FROM THE FEDERAL CORONAVIRUS AID, RELIEF,
 AND ECONOMIC SECURITY (CARES) ACT OF 2020 (P.L. 116-136) FOR  THE  EMER-
 GENCY  RENT  RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-
 FIVE OF THE LAWS OF TWO THOUSAND TWENTY, SUCH THAT THE SUM OF SUCH FUNDS
 ACTUALLY EXPENDED PURSUANT TO SUCH CHAPTER AND THAT SUCH  FUNDS  REALLO-
 CATED  AND  EXPENDED  PURSUANT  TO  THIS ARTICLE SHALL EQUAL ONE HUNDRED
 MILLION DOLLARS; (C) ANY ADDITIONAL  FUNDS  RECEIVED  FROM  THE  FEDERAL
 GOVERNMENT  BY  THE STATE OF NEW YORK FOR ASSISTANCE WITH RENT OR UTILI-
 TIES RELATED TO THE COVID-19 PANDEMIC,  INCLUDING  ANY  FUNDS  FOR  SUCH
 PURPOSES  RECEIVED  BY THE STATE PURSUANT TO THE FEDERAL AMERICAN RESCUE
 PLAN ACT; AND (D) ANY STATE FUNDS APPROPRIATED FOR SUCH PROGRAM.
   3. THE COMMISSIONER SHALL WORK WITH LOCALITIES  THROUGHOUT  THE  STATE
 THAT  HAVE  RECEIVED  FUNDS  DIRECTLY  FROM THE FEDERAL EMERGENCY RENTAL
 ASSISTANCE PROGRAM SO THAT ONE CENTRAL POINT  OF  APPLICATION  SHALL  BE
 MADE  AVAILABLE  FOR  ANY  AND  ALL  FEDERAL EMERGENCY RENTAL ASSISTANCE
 PROGRAM FUNDS AND ANY SUCH ADDITIONAL FUNDS IN THE STATE OF NEW YORK.
   4. THE COMMISSIONER SHALL ADOPT, ON AN  EMERGENCY  BASIS  PURSUANT  TO
 SUBDIVISION  SIX  OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
 PROCEDURE ACT, ANY RULES NECESSARY TO CARRY OUT THE PROVISIONS  OF  THIS
 ARTICLE.
   5. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTIONS OF
 THIS  PROGRAM  TO  ANY  STATE AGENCY, CITY, COUNTY, TOWN, PUBLIC HOUSING
 AUTHORITY, OR NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE  PROVISIONS
 OF THIS ARTICLE.
   §  603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE COUN-
 TIES OF THE STATE. THE COMMISSIONER AND  EACH  LOCALITY  IN  RECEIPT  OF
 FUNDS  FROM  THE  FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM SHALL WORK
 JOINTLY TO ENSURE THAT, IN TOTAL, THE  ALLOCATION  OF  FUNDS  FROM  THIS

 S. 2742--C                          4
 
 PROGRAM FOR HOUSEHOLDS WITHIN THE CITY OF NEW YORK OR WITHIN EACH COUNTY
 OUTSIDE  THE  CITY OF NEW YORK, WHETHER GRANTED TO THE STATE OR DIRECTLY
 TO SUCH LOCALITIES IS NO LESS THAN NINETY PERCENT  OF  THE  PROPORTIONAL
 SHARE  OF ALL RENTER HOUSEHOLDS IN THE STATE THAT RESIDE IN SUCH CITY OR
 COUNTY, AS PROMULGATED BY THE AMERICAN COMMUNITY SURVEY (ACS)  FROM  THE
 UNITED STATES CENSUS BUREAU, AND NO MORE THAN ONE HUNDRED TEN PERCENT OF
 SUCH PROPORTIONAL SHARE.
   §  604.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR THIS PROGRAM.
   1. ALL HOUSEHOLDS, REGARDLESS OF IMMIGRATION STATUS, SHALL BE ELIGIBLE
 FOR RENTAL ASSISTANCE, UTILITY ASSISTANCE, OR BOTH IF THE HOUSEHOLD:
   (A) 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;
   (B)  INCLUDES  AN INDIVIDUAL WHO QUALIFIES FOR UNEMPLOYMENT OR EXPERI-
 ENCED A REDUCTION IN HOUSEHOLD INCOME, INCURRED  SIGNIFICANT  COSTS,  OR
 EXPERIENCED OTHER FINANCIAL HARDSHIP DUE, DIRECTLY OR INDIRECTLY, TO THE
 COVID-19 OUTBREAK;
   (C)  DEMONSTRATE A RISK OF EXPERIENCING HOMELESSNESS OR HOUSING INSTA-
 BILITY; AND
   (D) HAS A HOUSEHOLD INCOME AT OR BELOW  EIGHTY  PERCENT  OF  THE  AREA
 MEDIAN INCOME, ADJUSTED FOR HOUSEHOLD SIZE.
   2.  HOUSEHOLDS WHO WOULD OTHERWISE BE ELIGIBLE FOR THIS PROGRAM PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION BUT FOR A HOUSEHOLD  INCOME  THAT
 EXCEEDS  EIGHTY PERCENT OF THE AREA MEDIAN INCOME ADJUSTED FOR HOUSEHOLD
 SIZE SHALL BE ELIGIBLE PURSUANT TO  THIS  SUBDIVISION  IF  THEY  HAVE  A
 HOUSEHOLD  INCOME  AT  OR  BELOW  ONE HUNDRED TWENTY PERCENT OF THE AREA
 MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE, PROVIDED THAT ASSISTANCE  FOR
 THOSE  ELIGIBLE PURSUANT TO THIS SUBDIVISION SHALL BE PAID FOR ONLY WITH
 STATE FUNDS ALLOCATED FOR THIS PURPOSE.
   3. FOR THE PURPOSES OF THIS PROGRAM, INCOME MAY BE CONSIDERED:
   (A) THE HOUSEHOLD'S TOTAL INCOME FOR CALENDAR YEAR TWO THOUSAND  TWEN-
 TY; OR
   (B)  THE HOUSEHOLD'S CURRENT MONTHLY INCOME AT THE TIME OF APPLICATION
 FOR SUCH ASSISTANCE.  IF A HOUSEHOLD IS APPLYING  FOR  ASSISTANCE  USING
 CURRENT MONTHLY INCOME, THE HOUSEHOLD SHALL ONLY BE ELIGIBLE FOR ASSIST-
 ANCE  FOR  THE MONTHS DURING WHICH THEY MEET THE CRITERIA IN SUBDIVISION
 ONE OF THIS SECTION.
   4. 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. THE COMMISSIONER SHALL
 EXCLUDE FROM ANY CALCULATION OF ASSETS MADE  PURSUANT  TO  THIS  SECTION
 ASSETS  HELD  IN A TAX-DEFERRED OR COMPARABLE RETIREMENT SAVINGS ACCOUNT
 OR ANY VEHICLE USED REGULARLY BY A MEMBER OF THE HOUSEHOLD.
   5. THE COMMISSIONER SHALL ESTABLISH PREFERENCES IN PROCESSING APPLICA-
 TIONS AND ALLOCATING FUNDS UNDER THIS PROGRAM. SUCH PREFERENCES SHALL AT
 A MINIMUM PRIORITIZE EACH OF THE FOLLOWING:
   (A) HOUSEHOLDS WHOSE INCOME DOES NOT EXCEED FIFTY PERCENT OF THE  AREA
 MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE; AND
   (B)  HOUSEHOLDS WITHIN WHICH ONE OR MORE INDIVIDUALS ARE UNEMPLOYED AS
 OF THE DATE OF THE APPLICATION FOR ASSISTANCE AND HAVE NOT BEEN EMPLOYED
 FOR THE NINETY DAYS PRECEDING SUCH DATE.
   6. THE COMMISSIONER MAY ALSO GRANT PREFERENCES FOR HOUSEHOLDS WHO:
   (A) ARE TENANTS OF MOBILE HOMES OR MOBILE  HOME  PARKS  WHOSE  ARREARS
 HAVE ACCRUED FOR THE LAND ON WHICH THE MOBILE HOME IS LOCATED;

 S. 2742--C                          5
 
   (B)  INCLUDE  ONE  OR  MORE  INDIVIDUALS  WHO  ARE VICTIMS OF DOMESTIC
 VIOLENCE;
   (C) APPLY JOINTLY WITH THEIR LANDLORD; OR
   (D)  HAVE EVICTION CASES THAT ARE PENDING ON OR BEFORE FEBRUARY FIRST,
 TWO THOUSAND TWENTY-ONE; PROVIDED THAT AMONG HOUSEHOLDS GRANTED A  PREF-
 ERENCE  BECAUSE THEY APPLY JOINTLY WITH THEIR LANDLORD, THE COMMISSIONER
 MAY GRANT AN ADDITIONAL PREFERENCE FOR HOUSEHOLDS WHOSE  LANDLORD  IS  A
 NON-PROFIT  PROVIDER  OF  AFFORDABLE  HOUSING; PROVIDED FURTHER THAT ANY
 PREFERENCE GRANTED PURSUANT TO  THIS  SUBDIVISION  SHALL  NOT  SUPERSEDE
 EITHER  OF  THE PREFERENCES GRANTED PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION.
   7. A HOUSEHOLD MAY APPLY FOR UTILITY ASSISTANCE, RENTAL ASSISTANCE, OR
 BOTH.
   8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO  DISQUALIFY  APPLICA-
 TIONS FROM TENANTS OF STATE-FUNDED PUBLIC HOUSING AGENCIES.
   9.  NO  RENTAL  ASSISTANCE  PROVIDED PURSUANT TO THIS ARTICLE SHALL BE
 DUPLICATIVE OF ASSISTANCE FOR RENT OR RENTAL ARREARS PREVIOUSLY RECEIVED
 BY THE HOUSEHOLD.
   10. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED BY  THE  COMMIS-
 SIONER  SHALL  BE  RESOLVED  IN  FAVOR OF THE APPLICANT WHEN DETERMINING
 ELIGIBILITY.
   11. ANY INFORMATION COLLECTED ABOUT A  HOUSEHOLD  IN  THE  PROCESS  OF
 DETERMINING  ELIGIBILITY SHALL SOLELY BE USED FOR THE PURPOSES OF DETER-
 MINING ELIGIBILITY AND SHALL NOT BE SHARED WITH ANY  OTHER  GOVERNMENTAL
 AGENCY.
   12.  AN INDIVIDUAL FULL-TIME COLLEGE STUDENT OR A HOUSEHOLD CONSISTING
 EXCLUSIVELY OF FULL-TIME COLLEGE STUDENTS IS INELIGIBLE FOR THIS PROGRAM
 UNLESS EACH INDIVIDUAL IN THE HOUSEHOLD SATISFIES THE  FOLLOWING  CONDI-
 TIONS:
   (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.
   § 605. APPLICATION. 1. AS SOON AS PRACTICABLE AND NO LATER THAN  FOUR-
 TEEN  DAYS  AFTER  THE  EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER
 SHALL MAKE AN APPLICATION FOR THE PROGRAM AVAILABLE ON ITS WEBSITE.  THE
 APPLICATION  SHALL  BE  AVAILABLE  ONLINE  IN ENGLISH, SPANISH, CHINESE,
 RUSSIAN, YIDDISH, HAITIAN (FRENCH CREOLE),  BENGALI,  AND  ITALIAN.  THE
 COMMISSIONER SHALL ENABLE APPLICATIONS TO BE ACCEPTED VIA TELEPHONE. THE
 APPLICATION PERIOD SHALL REMAIN OPEN FOR A MINIMUM OF ONE HUNDRED EIGHTY
 DAYS  UNLESS ALL AVAILABLE FUNDING HAS BEEN ALLOCATED PRIOR TO THE EXPI-
 RATION OF ONE HUNDRED EIGHTY DAYS.
   2. THE COMMISSIONER SHALL DESIGNATE NON-FOR-PROFIT ORGANIZATIONS  THAT
 SHALL  BE  PERMITTED TO ASSIST HOUSEHOLDS IN APPLYING FOR ASSISTANCE AND
 SUCH ORGANIZATIONS SHALL BE PERMITTED TO FILE APPLICATIONS ON BEHALF  OF
 SUCH HOUSEHOLDS.
   3.  THE  COMMISSIONER SHALL PROVIDE FOR PROCEDURES UNDER WHICH A LAND-
 LORD OR OWNER OF A RESIDENTIAL DWELLING SHALL BE PERMITTED TO SUBMIT  AN
 APPLICATION  FOR  ASSISTANCE  ON  BEHALF OF A TENANT OR OCCUPANT OF SUCH
 DWELLING. SUCH LANDLORD OR OWNER SHALL BE REQUIRED TO:
   (A) OBTAIN THE SIGNATURE OF THE TENANT ON SUCH APPLICATION, WHICH  MAY
 BE DOCUMENTED ELECTRONICALLY;
   (B) PROVIDE THE TENANT WITH DOCUMENTATION OF SUCH APPLICATION;

 S. 2742--C                          6
 
   (C)  USE  ANY  PAYMENTS  RECEIVED  PURSUANT  TO THIS ARTICLE SOLELY TO
 SATISFY THE TENANT'S RENTAL OBLIGATIONS TO THE LANDLORD OR OWNER; AND
   (D)  KEEP  CONFIDENTIAL ANY INFORMATION OR DOCUMENTATION FROM OR ABOUT
 THE TENANT ACQUIRED PURSUANT TO THIS APPLICATION PROCESS.
   4. UPON RECEIPT OF AN APPLICATION, THE COMMISSIONER SHALL MAKE  AVAIL-
 ABLE  A  TRACKING NUMBER BY WHICH BOTH THE APPLICANT HOUSEHOLD AND LAND-
 LORD OF THE APPLICANT HOUSEHOLD MAY TRACK THE STATUS OF THE APPLICATION.
   § 606. DOCUMENTATION. THE COMMISSIONER SHALL ESTABLISH PROCEDURES THAT
 ARE APPROPRIATE AND NECESSARY TO ASSURE THAT  INFORMATION  NECESSARY  TO
 DETERMINE  ELIGIBILITY  PROVIDED BY HOUSEHOLDS APPLYING FOR OR RECEIVING
 ASSISTANCE UNDER THIS ARTICLE IS COMPLETE  AND  ACCURATE.  DOCUMENTATION
 MAY  INCLUDE  BUT IS NOT LIMITED TO: A SIGNED LEASE, RENT DEMAND NOTICE,
 PAYCHECK STUBS, EARNING STATEMENTS, BANK STATEMENTS, TAX RECORDS, W-2 OR
 1099 FORMS, E-PAYMENT APPLICATION TRANSACTION  HISTORY,  WRITTEN  STATE-
 MENTS  FROM A FORMER OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT
 WITH A FORMER OR CURRENT EMPLOYER, SELF-ATTESTATION BY THE APPLICANT, OR
 OTHER METHODS APPROVED BY THE  COMMISSIONER.  WHEN  SELF-ATTESTATION  IS
 USED  AS  DOCUMENTATION, THE APPLICANT SHALL ALSO ATTEST THAT THE APPLI-
 CANT HAS NO OTHER DOCUMENTATION AVAILABLE. WHEN SELF-ATTESTATION IS USED
 TO CERTIFY RENT OWED, THE APPLICANT SHALL ALSO ATTEST THAT THE HOUSEHOLD
 HAS NOT RECEIVED, AND DOES NOT ANTICIPATE RECEIVING, ANOTHER  SOURCE  OF
 PUBLIC  OR  PRIVATE  SUBSIDY OR ASSISTANCE FOR THE RENTAL COSTS THAT ARE
 THE SUBJECT OF THE ATTESTATION, AND SUCH ASSISTANCE MAY ONLY BE PROVIDED
 FOR THREE MONTHS AT A TIME. ALL PAYMENTS FOR UTILITIES AND  HOME  ENERGY
 COSTS  SHALL  BE SUPPORTED BY A BILL, INVOICE, OR EVIDENCE OF PAYMENT TO
 THE PROVIDER OF THE UTILITY OR HOME ENERGY SERVICE.
   § 607. RESTRICTIONS ON EVICTION. EVICTION PROCEEDINGS FOR  NON-PAYMENT
 OF RENT THAT WOULD BE ELIGIBLE FOR COVERAGE UNDER THIS PROGRAM SHALL NOT
 BE COMMENCED AGAINST A HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS
 OR   UNTIL  A  DETERMINATION  OF  INELIGIBILITY  IS  MADE.  IF  EVICTION
 PROCEEDINGS ARE COMMENCED AGAINST A 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.
   § 608. PAYMENTS. 1. PAYMENTS SHALL BE MADE FOR RENTAL  AND/OR  UTILITY
 ARREARS  ACCRUED  ON  OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY. NO
 MORE THAN TWELVE  MONTHS  OF  RENTAL  AND/OR  UTILITY  ASSISTANCE,  BOTH
 ARREARS  OR  PROSPECTIVE,  MAY  BE PAID ON BEHALF OF OR TO ANY HOUSEHOLD
 WITHIN THE FIRST SIXTY DAYS AFTER THE START OF THE  APPLICATION  PERIOD.
 NO  PROSPECTIVE  RENT  MAY  BE  PAID  UNLESS OR UNTIL ALL RENTAL ARREARS
 PAYMENTS HAVE BEEN MADE TO OR ON BEHALF OF HOUSEHOLDS WHO  ARE  ELIGIBLE
 FOR THIS PROGRAM PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
   2.  IF  ALL ELIGIBLE HOUSEHOLDS WHOSE APPLICATIONS ARE RECEIVED WITHIN
 SIXTY DAYS OF THE START OF THE APPLICATION  PERIOD  RECEIVE  ASSISTANCE,
 THE  COMMISSIONER  MAY  PAY  AN ADDITIONAL THREE MONTHS OF RENTAL AND/OR
 UTILITY ASSISTANCE FOR RENTAL OR UTILITY ARREARS ACCRUED AFTER THE  DATE
 OF  APPLICATION  OR PROSPECTIVE RENT. NO HOUSEHOLD MAY RECEIVE MORE THAN
 FIFTEEN MONTHS OF TOTAL RENTAL AND/OR  UTILITY  ASSISTANCE.  ELIGIBILITY
 FOR  ASSISTANCE  SHALL  BE  REASSESSED  FOR EACH HOUSEHOLD BEFORE RENTAL
 ASSISTANCE IS ISSUED PURSUANT TO THIS SUBDIVISION.
   3. PAYMENTS FOR RENTAL ARREARS OR PROSPECTIVE RENT SHALL BE THE LESSER
 OF THE MONTHLY RENT FOR THE APPLICANT OR ONE HUNDRED  FIFTY  PERCENT  OF
 THE  FAIR  MARKET RENT FOR THE DWELLING UNIT, EXCEPT WHEN RENTAL ASSIST-
 ANCE AMOUNTS ARE DOCUMENTED VIA  SELF-ATTESTATION,  IN  WHICH  CASE  THE
 MAXIMUM PAYMENT ALLOWABLE SHALL BE THE GREATER OF ONE HUNDRED PERCENT OF
 FAIR  MARKET  RENT  OR ONE HUNDRED PERCENT OF THE SMALL AREA FAIR MARKET

 S. 2742--C                          7

 RENT, THOUGH NO PAYMENT CERTIFIED BY SELF-ATTESTATION SHALL  BE  GREATER
 THAN  THE  MONTHLY RENT. 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  ONE  OF  THIS
 SECTION.  UTILITY ASSISTANCE SHALL BE PAID DIRECTLY TO THE UTILITY.  THE
 COMMISSIONER SHALL REQUIRE REASONABLE EFFORTS TO BE MADE TO  OBTAIN  THE
 COOPERATION  OF  LANDLORDS AND UTILITY PROVIDERS TO ACCEPT PAYMENTS FROM
 THIS PROGRAM.  SUCH OUTREACH MAY BE CONSIDERED COMPLETE IF (A) A REQUEST
 FOR PARTICIPATION HAS BEEN SENT IN WRITING, BY MAIL, TO THE LANDLORD  OR
 UTILITY  PROVIDER  AND  THE  ADDRESSEE  HAS NOT RESPONDED TO THE REQUEST
 WITHIN FOURTEEN CALENDAR DAYS AFTER MAILING; (B) AT LEAST THREE ATTEMPTS
 BY PHONE, TEXT, OR E-MAIL HAVE BEEN MADE OVER A TEN CALENDAR DAY  PERIOD
 TO  REQUEST  THE  LANDLORD OR UTILITY PROVIDER'S PARTICIPATION; OR (C) A
 LANDLORD OR UTILITY PROVIDER CONFIRMS IN WRITING THAT  THE  LANDLORD  OR
 UTILITY  PROVIDER DOES NOT WISH TO PARTICIPATE. THE OUTREACH ATTEMPTS OR
 NOTICES TO THE LANDLORD OR UTILITY PROVIDER SHALL BE DOCUMENTED.
   4. IF THE LANDLORD OR UTILITY PROVIDER IS UNCOOPERATIVE  OR  UNRESPON-
 SIVE  AFTER  OUTREACH  EFFORTS ARE MADE PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION, THE COMMISSIONER MAY MAKE PAYMENTS DIRECTLY TO THE  ELIGI-
 BLE HOUSEHOLD FOR THE PURPOSE OF ENABLING THE HOUSEHOLD TO MAKE PAYMENTS
 TO  THE  LANDLORD  OR  UTILITY  PROVIDER.  THE  COMMISSIONER MAY REQUIRE
 DOCUMENTATION FROM ANY HOUSEHOLDS RECEIVING SUCH  PAYMENTS  THAT  MONIES
 RECEIVED WERE USED IN COMPLIANCE WITH THIS PROGRAM.
   5.  ACCEPTANCE  OF  PAYMENT FOR RENTAL ARREARS FROM THIS PROGRAM SHALL
 CONSTITUTE AGREEMENT BY THE RECIPIENT LANDLORD OR PROPERTY OWNER:
   (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 SAME AS THE AMOUNT THAT WAS DUE AT THE TIME OF
 PAYMENT FOR ONE YEAR  AFTER  THE  FIRST  RENTAL  ASSISTANCE  PAYMENT  IS
 RECEIVED;  PROVIDED  THAT  ANY RENT INCREASE THAT WOULD OTHERWISE BE DUE
 PURSUANT TO THE RENT STABILIZATION LAW OF 1969 OR THE  EMERGENCY  TENANT
 PROTECTION  ACT  OF 1974 SHALL GO INTO EFFECT AT THE END OF THE ONE-YEAR
 PERIOD PROVIDED FOR IN THIS PARAGRAPH AND THE RENT HELD CONSTANT  DURING
 THE ONE-YEAR PERIOD SHALL NOT BE CONSIDERED A PREFERENTIAL RENT; AND
   (C)  NOT  TO EVICT FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY ANY
 HOUSEHOLD ON BEHALF OF WHOM RENTAL ASSISTANCE IS RECEIVED FOR  ONE  YEAR
 AFTER  THE FIRST RENTAL ASSISTANCE PAYMENT IS RECEIVED. WHERE THE DWELL-
 ING UNIT THAT IS THE SUBJECT OF THE LEASE OR RENTAL AGREEMENT IS LOCATED
 IN A BUILDING THAT 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  AS  A  PRIMARY
 RESIDENCE  OR  THE  USE OF AN IMMEDIATE FAMILY MEMBER AS A PRIMARY RESI-
 DENCE.
   § 609. NO REPAYMENT AND ASSISTANCE  NOT  CONSIDERED  INCOME.  ELIGIBLE
 HOUSEHOLDS  SHALL  NOT  BE  EXPECTED OR REQUIRED TO REPAY ANY ASSISTANCE
 GRANTED THROUGH THIS PROGRAM. ASSISTANCE GRANTED  THROUGH  THIS  PROGRAM
 SHALL  NOT  BE  CONSIDERED INCOME FOR PURPOSES OF ELIGIBILITY FOR PUBLIC
 BENEFITS OR OTHER PUBLIC ASSISTANCE, BUT SHALL BE CONSIDERED  A  "SOURCE
 OF  INCOME"  FOR  PURPOSES  OF THE PROTECTIONS AGAINST HOUSING DISCRIMI-
 NATION PROVIDED UNDER SECTION TWO HUNDRED NINETY-SIX 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 THIS PROGRAM.
   § 610. NOTICE TO TENANTS IN  EVICTION  PROCEEDINGS.  IN  ANY  EVICTION
 PROCEEDING  PENDING  AS  OF  THE  EFFECTIVE DATE OF THIS ARTICLE AND ANY

 S. 2742--C                          8
 
 EVICTION PROCEEDING FILED WHILE  APPLICATIONS  ARE  BEING  ACCEPTED  FOR
 ASSISTANCE  PURSUANT TO THIS ARTICLE, THE COURT SHALL  PROMPTLY MAIL 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.
   § 611. NOTICE TO TENANTS RECEIVING RENT DEMANDS.  WITH  EVERY  WRITTEN
 DEMAND  FOR  RENT  MADE  PURSUANT  TO  SUBDIVISION  TWO OF SECTION SEVEN
 HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND  PROCEEDINGS  LAW,  WITH
 ANY OTHER WRITTEN NOTICE REQUIRED BY THE LEASE OR TENANCY AGREEMENT, LAW
 OR RULE TO BE PROVIDED PRIOR TO THE COMMENCEMENT OF AN EVICTION PROCEED-
 ING,  AND  WITH  EVERY  NOTICE  OF PETITION SERVED ON A TENANT AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE AND WHILE APPLICATIONS ARE BEING ACCEPTED
 FOR ASSISTANCE PURSUANT TO THIS  ARTICLE,  THE  LANDLORD  SHALL  PROVIDE
 INFORMATION  REGARDING  HOW A TENANT MAY APPLY FOR SUCH ASSISTANCE, IN A
 FORM PROMULGATED AND PUBLISHED BY THE COMMISSIONER IN CONSULTATION  WITH
 THE  OFFICE  OF  COURT  ADMINISTRATION,  IN  ENGLISH, AND, TO THE EXTENT
 PRACTICABLE, IN THE TENANT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH.
   § 612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER  THE  EMERGENCY  RENT
 RELIEF  ACT  OF 2020. THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
 SIONER OF THE DIVISION  OF  HOUSING  AND  COMMUNITY  DEVELOPMENT,  SHALL
 PROVIDE  NOTICE  OF HOW TO APPLY FOR ASSISTANCE PURSUANT TO THIS ARTICLE
 TO EACH TENANT OR OCCUPANT WHO APPLIED FOR ASSISTANCE UNDER THE EMERGEN-
 CY RENT RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED  TWENTY-FIVE
 OF  THE  LAWS  OF  TWO THOUSAND TWENTY. SUCH NOTICE SHALL BE PROVIDED IN
 ENGLISH, AND, TO THE  EXTENT    PRACTICABLE,  IN  THE  TENANT'S  PRIMARY
 LANGUAGE, IF OTHER THAN ENGLISH.
   § 613. OUTREACH. THE COMMISSIONER SHALL ENSURE THAT EXTENSIVE OUTREACH
 IS  CONDUCTED  TO  INCREASE  AWARENESS OF THIS PROGRAM AMONG TENANTS AND
 LANDLORDS. THE COMMISSIONER SHALL PRIORITIZE  FOR  OUTREACH  COMMUNITIES
 WHERE  THE MEDIAN INCOME OF RESIDENTS IS LESS THAN EIGHTY PERCENT OF THE
 AREA MEDIAN INCOME FOR THE REGION, COMMUNITIES WITH  THE  HIGHEST  UNEM-
 PLOYMENT  RATES,  AND  COMMUNITIES THAT EXPERIENCED THE HIGHEST RATES OF
 COVID-19 INFECTIONS DURING THE PANDEMIC, AND TO THE EXTENT  PRACTICABLE,
 COMMUNITIES  WITH  HIGH  RATES  OF  OWNERSHIP OF RENTAL HOUSING BY SMALL
 LANDLORDS. THE COMMISSIONER SHALL ENSURE THAT SUCH OUTREACH IS CONDUCTED
 WITH MATERIALS WRITTEN IN THE LANGUAGES LISTED  IN  SUBDIVISION  ONE  OF
 SECTION  SIX HUNDRED FIVE OF THIS ARTICLE, AND TO THE EXTENT PRACTICABLE
 IN OTHER LANGUAGES COMMONLY SPOKEN BY  RESIDENTS  OF  THOSE  COMMUNITIES
 REQUIRED  TO  BE  PRIORITIZED  PURSUANT TO THIS SECTION, AS PER THE MOST
 RECENT AMERICAN COMMUNITY SURVEY FROM THE UNITED STATES CENSUS BUREAU.
   § 614. FAIR HOUSING OBLIGATIONS. NOTHING IN THIS ARTICLE SHALL  LESSEN
 OR  ABRIDGE  ANY  FAIR  HOUSING  OBLIGATIONS  PROMULGATED BY THE FEDERAL
 GOVERNMENT, STATE, MUNICIPALITIES, LOCALITIES, OR ANY  OTHER  APPLICABLE
 JURISDICTION.
   §  615.  REPORTS  BY  THE  COMMISSIONER. THE COMMISSIONER SHALL, ON OR
 BEFORE THE TWENTIETH DAY OF EACH MONTH FOR THE DURATION OF THE  PROGRAM,
 SUBMIT AND MAKE PUBLICLY AVAILABLE ON ITS WEBSITE A REPORT TO THE GOVER-
 NOR,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE
 ASSEMBLY, INDICATING:  THE NUMBER OF APPLICANTS THAT  HAVE  APPLIED  FOR
 RENTAL  ASSISTANCE  ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR
 UTILITY ASSISTANCE ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED  FOR
 EACH  COMBINATION  OF RENTAL ASSISTANCE, UTILITY ASSISTANCE, AND ASSIST-
 ANCE WITH OTHER EXPENSES RELATED TO HOUSING; THE NUMBER OF  SUCH  APPLI-
 CANTS OF EACH OF THE THREE FOREGOING TYPES, WITH INCOMES BETWEEN ZERO TO
 TWENTY-FIVE  PERCENT,  TWENTY-FIVE  TO  FIFTY  PERCENT, AND FIFTY-ONE TO
 EIGHTY PERCENT OF THE AREA MEDIAN INCOME; THE AVERAGE AND MEDIAN  RENTAL

 S. 2742--C                          9

 ARREARS  OF  THE  APPLICANTS  WITH  INCOMES  BETWEEN ZERO TO TWENTY-FIVE
 PERCENT, TWENTY-FIVE TO FIFTY PERCENT, AND FIFTY-ONE TO  EIGHTY  PERCENT
 OF  THE  AREA  MEDIAN INCOME; THE NUMBER OF APPLICATIONS OF EACH TYPE OF
 ASSISTANCE  APPROVED, THE NUMBER OF APPLICATIONS OF EACH TYPE OF ASSIST-
 ANCE REJECTED, THE AVERAGE AND MEDIAN AMOUNT OF RENTAL ASSISTANCE GRANT-
 ED, THE AVERAGE AND MEDIAN UTILITY ASSISTANCE GRANTED, THE STATUS OF ANY
 PENDING APPLICATIONS, THE MONTHLY EXPENDITURES  MADE  PURSUANT  TO  THIS
 ARTICLE FOR EACH TYPE OF ASSISTANCE. EACH NUMBER REQUIRED TO BE INCLUDED
 IN  THE  REPORT SHALL BE REPORTED AS A STATEWIDE TOTAL FROM THE START OF
 THE PROGRAM THROUGH THE END OF THE PRECEDING CALENDAR  MONTH  AND  AS  A
 SUBTOTAL  FOR  EACH  COUNTY,  BASED  ON THE LOCATION OF THE PREMISES FOR
 WHICH THE APPLICANT HAS SOUGHT ASSISTANCE.
   § 3. The social services law is amended by adding a new section 131-bb
 to read as follows:
   § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
 STANCES  SHALL  A  LOCAL  SOCIAL  SERVICES DISTRICT REQUIRE PROOF THAT A
 COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A  CONDITION  OF
 ELIGIBILITY  FOR  A  RENT  ARREARS  GRANT  OR  ONGOING RENTAL ASSISTANCE
 INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
   § 4. Section 131-w of the social services law, as added by chapter  41
 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment  of  rent  arrears.  1.  Districts
 shall  not  provide  assistance  to  pay rent arrears, property taxes or
 mortgage arrears for persons  not  eligible  for  home  relief,  aid  to
 dependent children, emergency assistance to needy families with children
 or  emergency assistance for aged, blind and disabled persons, except to
 persons who are without income or  resources  immediately  available  to
 meet  the  emergency  need, whose gross household income does not exceed
 one hundred twenty-five percent of the federal income  official  poverty
 line and who sign a repayment agreement agreeing to repay the assistance
 in  a  period  not to exceed twelve months.  The districts shall enforce
 the repayment agreements by any legal method available to a creditor, in
 addition to any rights it has pursuant to this chapter.  The  department
 shall  promulgate  regulations  to  implement  this section which shall,
 among other things, establish standards for the  contents  of  repayment
 agreements and establish standards to ensure that assistance is provided
 only in emergency circumstances.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
 MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-ONE  OR  THE  DATE  ON  WHICH  NONE OF THE
 PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR  PRIVATE  BUSI-
 NESSES  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 OF TWO THOUSAND
 TWENTY  AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN
 RESPONSE TO THE COVID-19 PANDEMIC  CONTINUE  TO  APPLY  IN  THE  SERVICE
 DISTRICT.  ANY  PAYMENT  DUE  AND  OWING  UNDER  THIS  SECTION  SHALL BE
 SUSPENDED UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHER-
 WISE  RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC ACCOM-
 MODATION, 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

 S. 2742--C                         10
 
 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS
 202.28 AND 202.31 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY  ANY
 FUTURE  EXECUTIVE  ORDER,  ISSUED  IN  RESPONSE TO THE COVID-19 PANDEMIC
 CONTINUE TO APPLY TO THE SERVICE DISTRICT.
   §  5.  Subdivision  1  of section 131-s of the social services law, as
 amended by chapter 318 of the laws  of  2009,  is  amended  to  read  as
 follows:
   1. (A) In the case of a person applying for public assistance, supple-
 mental security income benefits or additional state payments pursuant to
 this  chapter,  the  social  services  official  of  the social services
 district in which such person resides shall, unless alternative  payment
 or living arrangements can be made, make a payment to a gas corporation,
 electric  corporation  or  municipality  for  services  provided to such
 person during a period of up to, but not exceeding,  four  months  imme-
 diately  preceding the month of application for such assistance or bene-
 fits if such payment  is  needed  to  prevent  shut-off  or  to  restore
 service. Persons whose gross household income exceeds the public assist-
 ance  standard of need for the same size household must sign a repayment
 agreement to repay the assistance  within  two  years  of  the  date  of
 payment as a condition of receiving assistance, in accordance with regu-
 lations  established  by the department. Such repayment agreement may be
 enforced in any manner available to  a  creditor,  in  addition  to  any
 rights the district may have pursuant to this chapter.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR  ASSISTANCE  PROVIDED
 BETWEEN  MARCH  SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE  OF  THE
 PROVISIONS  THAT  CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI-
 NESSES 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 OF TWO THOUSAND
 TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED  IN
 RESPONSE  TO  THE  COVID-19  PANDEMIC  CONTINUE  TO APPLY IN THE SERVICE
 DISTRICT.
   § 6. Section 106-b of the social services law, as amended  by  chapter
 81 of the laws of 1995, is amended to read as follows:
   §  106-b.  Adjustment  for  incorrect  payments.  1.  Any inconsistent
 provision of law notwithstanding, a social services official  shall,  in
 accordance  with  the  regulations of the department and consistent with
 federal law and regulations, take all necessary  steps  to  correct  any
 overpayment  or underpayment to a public assistance recipient; provided,
 however, that a social services official may waive recovery  of  a  past
 overpayment, in the case of an individual who is not currently a recipi-
 ent of public assistance, where the cost of recovery is greater than the
 cost  of  collections  as determined in accordance with department regu-
 lations consistent with federal law and regulations.   For  purposes  of
 this  section,  overpayment  shall  include payments made to an eligible
 person in excess of his needs as defined in this  chapter  and  payments
 made  to  ineligible  persons  (including  payments made to such persons
 pending a fair hearings decision).  The  commissioner  shall  promulgate
 regulations  to  implement  procedures  for  correcting overpayments and
 underpayments. The  procedures  for  correcting  overpayments  shall  be
 designed  to minimize adverse impact on the recipient, and to the extent
 possible avoid undue hardship.  Notwithstanding any other  provision  of

 S. 2742--C                         11
 
 law  to the contrary, no underpayment shall be corrected with respect to
 a person who is currently not eligible for or in receipt of home  relief
 or  aid  to  dependent  children, except that corrective payments may be
 made  with respect to persons formerly eligible for or in receipt of aid
 to dependent children to the extent that  federal  law  and  regulations
 require.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
 OVERPAYMENT ACCRUED, UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE OR 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-ES-
 SENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON  IN  EXECU-
 TIVE  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  EXECU-
 TIVE  ORDER  NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY-ONE AND AS
 FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED  IN  RESPONSE  TO
 THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT.
   § 7. 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.
   §  8.  This  act shall take effect immediately and shall expire on the
 later of December 31, 2021 or 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 of two thousand
 twenty and as further extended by any future executive order, issued  in
 response  to  the  COVID-19  pandemic  continue to apply anywhere in the
 state, when upon such date the provisions of this act  shall  be  deemed
 repealed;  provided that the state commissioner of social services shall
 notify the legislative bill drafting commission upon the date  on  which
 none  of  the  provisions  that closed or otherwise restricted public or
 private businesses or places of public accommodation, or required  post-
 ponement  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  of  two  thousand  twenty  and as further extended by any future
 executive order, issued in response to the COVID-19 pandemic continue to
 apply anywhere in the state, in order that the commission  may  maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.