S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                     2
 
                           Extraordinary Session
 
                             I N  S E N A T E
 
                             September 1, 2021
                                ___________
 
 Introduced  by  BUDGET  BILL -- (at request of the Budget) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance
 
 AN ACT to amend chapter 53 of the laws of  2021,  enacting  the  aid  to
   localities  budget,  in  relation  to making additional appropriations
   associated with an emergency rental assistance program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 53 of the laws of 2021, enacting the
 aid to localities budget, is amended by repealing the items  hereinbelow
 set  forth  in  brackets  and  by adding to such section the other items
 underscored in this section.
 
                      DEPARTMENT OF FAMILY ASSISTANCE
               OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
 
                         AID TO LOCALITIES 2021-22
 
 For payment according to the following schedule:
 
                                         APPROPRIATIONS  REAPPROPRIATIONS
 
   General Fund ....................... [1,675,578,000]       189,624,345
                                         1,825,578,000
   Special Revenue Funds - Federal .... [7,101,484,000]     4,137,709,000
                                         7,351,484,000
   Special Revenue Funds - Other ......     19,900,000            500,000
   Fiduciary Funds ....................     10,000,000                  0
                                       ----------------  ----------------
     All Funds ........................ [8,806,962,000]     4,327,833,345
                                         9,206,962,000
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD12030-04-1

 S. 2                                2

                                       ================  ================
 
 SPECIALIZED SERVICES PROGRAM ............. [2,785,196,000] 3,185,196,000
                                             --------------
 
   General Fund
   Local Assistance Account - 10000
 
 [For  supplemental  costs associated with an
   emergency rental assistance program pursu-
   ant to a plan approved by  the  office  of
   temporary  and  disability  assistance and
   director  of  the  budget.  Such  expenses
   shall  be  for costs exceeding any special
   revenue  -  federal   appropriation   made
   available   for   such  purposes,  or  for
   providing assistance  to  households  with
   incomes  that  exceed  the limitations set
   forth in such program and with a household
   member  in  a   priority   population   as
   provided  for  in  such  program,  or  for
   assistance to landlords.] FOR SUPPLEMENTAL
   COSTS ASSOCIATED WITH AN EMERGENCY  RENTAL
   ASSISTANCE  PROGRAM  PURSUANT  TO  A  PLAN
   APPROVED BY THE OFFICE  OF  TEMPORARY  AND
   DISABILITY  ASSISTANCE AND DIRECTOR OF THE
   BUDGET. SUCH EXPENSES  SHALL  BE  (A)  FOR
   FORTY-FIVE  DAYS  FOLLOWING  THE DATE WHEN
   APPLICATIONS BEGIN  TO  BE  ACCEPTED,  FOR
   PROVIDING  ASSISTANCE  TO  HOUSEHOLDS WITH
   INCOMES THAT EXCEED EIGHTY PERCENT OF AREA
   MEDIAN  INCOME  BUT  DO  NOT  EXCEED   ONE
   HUNDRED PERCENT OF AREA MEDIAN INCOME, (B)
   AFTER  FORTY-FIVE  DAYS FOLLOWING THE DATE
   WHEN APPLICATIONS BEGIN  TO  BE  ACCEPTED,
   FOR  PROVIDING  ASSISTANCE  TO  HOUSEHOLDS
   WITH INCOMES THAT EXCEED EIGHTY PERCENT OF
   AREA MEDIAN INCOME BUT DO NOT  EXCEED  ONE
   HUNDRED  TWENTY  PERCENT  OF  AREA  MEDIAN
   INCOME, (C) FOR FORTY-FIVE DAYS  FOLLOWING
   THE  DATE  WHEN  APPLICATIONS  BEGIN TO BE
   ACCEPTED, FOR ASSISTANCE  TO  SMALL  LAND-
   LORDS  AS  DEFINED  IN  SUBDIVISION  12 OF
   SECTION 2 OF SUBPART A OF PART BB OF CHAP-
   TER 56 OF THE LAWS  OF  2021,  OF  A  UNIT
   CHARGING  RENT  THAT  DOES  NOT EXCEED ONE
   HUNDRED FIFTY PERCENT OF THE  FAIR  MARKET
   RENT  BY  UNIT  SIZE,  WITH RENTAL ARREARS
   ACCRUED BY A TENANT, IF SUCH LANDLORD  HAS
   USED  BEST  EFFORTS  TO CONTACT AND ASSIST
   SUCH TENANT  IN  APPLYING  FOR  A  PROGRAM
   FUNDED  WITH  EMERGENCY  RENTAL ASSISTANCE
   DOLLARS,   WITHOUT   SUCCESS,    INCLUDING
   INSTANCES IN WHICH SUCH TENANT HAS VACATED
   WHILE  OWING  SUCH  RENTAL ARREARS, OR (D)
   AFTER FORTY-FIVE DAYS FOLLOWING  THE  DATE

 S. 2                                3
 
   WHEN  APPLICATIONS  BEGIN  TO BE ACCEPTED,
   FOR ASSISTANCE  TO  LANDLORDS  OF  A  UNIT
   CHARGING  RENT  THAT  DOES  NOT EXCEED ONE
   HUNDRED  FIFTY  PERCENT OF THE FAIR MARKET
   RENT BY UNIT  SIZE,  WITH  RENTAL  ARREARS
   ACCRUED  BY A TENANT, IF SUCH LANDLORD HAS
   USED BEST EFFORTS TO  CONTACT  AND  ASSIST
   SUCH  TENANT  IN  APPLYING  FOR  A PROGRAM
   FUNDED WITH  EMERGENCY  RENTAL  ASSISTANCE
   DOLLARS,    WITHOUT   SUCCESS,   INCLUDING
   INSTANCES IN WHICH SUCH TENANT HAS VACATED
   WHILE OWING  SUCH  RENTAL  ARREARS.  UNTIL
   SUCH  TIME  AS THE COMMISSIONER DETERMINES
   THAT THE NEED JUSTIFIES A REALLOCATION, NO
   MORE THAN ONE HUNDRED TWENTY-FIVE  MILLION
   DOLLARS  SHALL  BE  AVAILABLE FOR PURPOSES
   NOTED IN SUBDIVISION (A) OR  (B),  AND  NO
   MORE  THAN ONE HUNDRED TWENTY-FIVE MILLION
   DOLLARS SHALL BE MADE  AVAILABLE  FOR  THE
   PURPOSES  NOTED IN SUBDIVISION (C) OR (D),
   PROVIDED HOWEVER  IN  NO  CASE  SHALL  THE
   COMMISSIONER MAKE SUCH REALLOCATION EARLI-
   ER  THAN  NINETY  DAYS AFTER THE DATE WHEN
   APPLICATIONS BEGIN  TO  BE  ACCEPTED;  AND
   PROVIDED  FURTHER  THAT  THE  COMMISSIONER
   SHALL REPORT TO THE SPEAKER OF THE  ASSEM-
   BLY  AND  THE  TEMPORARY  PRESIDENT OF THE
   SENATE WHEN SUCH  REALLOCATIONS  ARE  MADE
   AND THE REASONS FOR SUCH REALLOCATIONS.
 Funds appropriated herein may be transferred
   or  suballocated to any other state agency
   or authority.
 Notwithstanding any  inconsistent  provision
   of  law,  the  budget  director  is hereby
   authorized to transfer any of  the  amount
   appropriated  herein  to  state operations
   for administration of  supplemental  emer-
   gency rental assistance activities .......
   ............................. [100,000,000]  250,000,000
                               --------------
     Program account subtotal .. [338,796,000]  488,796,000
                               --------------
 
   Special Revenue Funds - Federal
   Federal Miscellaneous Operating Grants Fund
   CARES Emergency Rent - 25544
 
 For  services  and  expenses of an emergency
   rental  assistance  program.    Households
   eligible for assistance under such program
   shall  include one or more individual that
   has experienced financial hardship, is  at
   risk of homelessness or housing instabili-
   ty, and earns up to eighty percent of area
   median  income as determined by the United
   States department  of  housing  and  urban

 S. 2                                4
 
   development.   Such  assistance  shall  be
   prioritized for those who  are  unemployed
   for  at least 90 days and those earning up
   to  fifty percent of area median income as
   determined by the United States department
   of housing  and  urban  development.  Such
   assistance shall support the payment of up
   to  12 months of rental arrears due at the
   time of application and up to 3 months  of
   prospective  rent  and  other purposes set
   forth in Public Law  No.  116-260,  Public
   Law 117-2, or any other federal funds made
   available for this purpose.  NOTWITHSTAND-
   ING  ANY  INCONSISTENT  PROVISION  OF LAW,
   TWENTY-FIVE MILLION DOLLARS OF  THE  FUNDS
   APPROPRIATED  HEREIN SHALL BE AVAILABLE TO
   PROVIDE LEGAL SERVICES OR ATTORNEY'S  FEES
   TO TENANTS RELATED TO EVICTION PROCEEDINGS
   AND MAINTAINING HOUSING STABILITY PURSUANT
   TO  A PLAN APPROVED BY THE COMMISSIONER OF
   THE OFFICE  OF  TEMPORARY  AND  DISABILITY
   ASSISTANCE.  THE PLAN FOR SUCH FUNDS SHALL
   GRANT PRIORITY TO AREAS  WHERE  ACCESS  TO
   FREE LEGAL ASSISTANCE FOR SUCH SERVICES IS
   NOT  ALREADY PROVIDED. TO THE EXTENT PRAC-
   TICABLE, SUCH EXPENSES SHALL BE PAID  FROM
   FUNDS  OTHERWISE AVAILABLE FOR ADMINISTRA-
   TIVE PURPOSES. Funds may also be  used  to
   support  a  hardship fund for undocumented
   workers.
 [Funds appropriated  herein  shall  only  be
   expended   in  local  governments  not  in
   receipt of a direct  allocation  from  the
   U.S.  Treasury  pursuant  to the Emergency
   Rental  Assistance  funding   enacted   in
   Public  Law No. 116-260, Public Law 117-2,
   or any other federal funds made  available
   for  this  purpose, unless a local govern-
   ment in direct receipt of such  allocation
   has  submitted  a  plan  to  the office of
   temporary and disability assistance.]
 Funds appropriated herein may be transferred
   or suballocated to any other state  agency
   or authority.
 Notwithstanding  any  inconsistent provision
   of law,  the  budget  director  is  hereby
   authorized  to  transfer any of the amount
   appropriated herein  to  state  operations
   for  administration  of  emergency  rental
   assistance activities .... [2,350,000,000] 2,600,000,000
                               --------------
     Program account subtotal [2,350,000,000] 2,600,000,000
                               --------------
 
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.