NY State Senate Bill 2021-S6743A

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to social services
May 17, 2021	print number 6743a
May 17, 2021	amend and recommit to social services
May 13, 2021	referred to social services

Bill Amendments

Original

A (Active)

2021-S6743 - Details

See Assembly Version of this Bill:: A8111
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §131-bb, amd §§131-w, 131-s & 106-b, Soc Serv L

2021-S6743 - Summary

Relates to rental assistance; provides that under no circumstances shall a local social services district require proof that a court proceeding has been initiated as a condition of eligibility for a rent arrears grant or rental assistance; provides that no repayment agreement shall be required and no collection of overpayments shall be conducted for certain assistance provided from March 7, 2020 until the later of the end of the state of emergency declared pursuant to executive order number 202 of 2020 or February 28, 2022.

2021-S6743 - Sponsor Memo

                                
 
BILL NUMBER: S6743

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the social services law, in relation to rental assist-
ance; and to repeal such provisions upon expiration thereof

 
PURPOSE:

To amend the expiration of provisions of the "COVID-19 Emergency Rental
Assistance Program of 2021"

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the social services law by adding new
section 131-bb that limits the requirement of proof that a court
proceeding be initiated against a tenant as a condition of eligibility
for a rent arrears grant or ongoing rental assistance in certain exist-
ing programs that use state funds until the later of February 28, 2022
or the date on which the State's COVID-19 emergency orders are lifted.

Section two of the bill amends section 131-w of the social services law
to provide that no repayment agreement shall be required for rental
assistance in certain existing state-funded programs using New York
State TANF funds until the later of February 28, 2022 or the date on
which the State's COVID-19 emergency orders are lifted.

Section three of the bill amends subdivision 1 of section 131-s of the
social services law to provide that no repayment agreement shall be
required for payments made for utility services to recipients of public
benefits under existing programs using New York State TANF funds until
the later of February 28, 2022 or the date on which the State's COVID-19
emergency orders are lifted.

Section four of the bill amends section 106-b of the social services.
law to provide that collection of previous overpayments of New York
State TANF funds be suspended until the later of February 28, 2022 or
the date on which the State's COVID-19 emergency orders are lifted.

Section five of the bill sets forth the effective date. JUSTIFICATION:
With the fallout of the COVID-19 pandemic, many New Yorkers are at risk
of losing their homes and suffering long-term financial burdens due to
unpaid rental and utility arrears. The rental assistance provided to
tenants by the "COVID-19 Emergency Rental Assistance Program of 2021"
will bring urgent relief to the most vulnerable New Yorkers, who must be
exempt from any obligation to pay back overpayments and be supported to
stabilize in their communities. This legislation establishes such
protections for tenants until the later of February 28, 2022 or the date
on which the State's COVID-19 emergency orders are lifted.

 
LEGISLATIVE HISTORY:

New bill in the Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on the later of the end of the state of emergency declared
pursuant to executive order number 202 of 2020 or February 28, 2022.

2021-S6743 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6743
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  rental  assist-
   ance; and to repeal such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 FROM MARCH
 SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF THE END OF THE STATE  OF
 EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF
 TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  2. 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11074-02-1

 S. 6743                             2
 
 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 AND THE LATER OF THE END OF THE STATE
 OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO
 OF TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO  THOUSAND  TWENTY-
 TWO.  ANY  PAYMENT  DUE  AND OWING UNDER THIS SECTION SHALL BE SUSPENDED
 UNTIL THE LATER OF THE END OF THE STATE OF EMERGENCY  DECLARED  PURSUANT
 TO  EXECUTIVE  ORDER  NUMBER  TWO  HUNDRED TWO OF TWO THOUSAND TWENTY OR
 FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   § 3. 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 AND THE LATER OF THE  END  OF
 THE  STATE  OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO
 HUNDRED TWO OF TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO  THOU-
 SAND TWENTY-TWO.
   §  4.  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  OR HER 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  overpay-
 ments  and  underpayments.  The  procedures  for correcting overpayments
 shall be designed to minimize adverse impact on the  recipient,  and  to

 S. 6743                             3
 
 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 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 THE END OF THE STATE OF EMERGEN-
 CY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED  TWO  OF  TWO
 THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed on the later of  the  end  of  the  state  of  emergency
 declared  pursuant to executive order number 202 of 2020 or February 28,
 2022.

2021-S6743A (ACTIVE) - Details

See Assembly Version of this Bill:: A8111
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §131-bb, amd §§131-w, 131-s & 106-b, Soc Serv L

2021-S6743A (ACTIVE) - Summary

2021-S6743A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6743A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the social services law, in relation to rental assist-
ance; and to repeal such provisions upon expiration thereof

 
PURPOSE:

To amend the expiration of provisions of the "COVID-19 Emergency Rental
Assistance Program of 2021"

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the social services law by adding new
section 131-bb that limits the requirement of proof that a court
proceeding be initiated against a tenant as a condition of eligibility
for a rent arrears grant or ongoing rental assistance in certain exist-
ing programs that use state funds.

Section two of the bill amends section 131-w of the social services law
to provide that no repayment agreement shall be required for rental
assistance in certain existing state-funded programs using New York
State TANF funds until the later of February 28, 2022 or the date on
which the State's COVID-19 emergency orders are lifted.

Section three of the bill amends subdivision 1 of section 131-s of the
social services law to provide that no repayment agreement shall be
required for payments made for utility services to recipients of public
benefits under existing programs using New York State TANF funds until
the later of February 28, 2022 or the date on which the State's COVID-19
emergency orders are lifted.

Section four of the bill amends section 106-b of the social services law
to provide that collection of previous overpayments of New York State
TANF funds be suspended until the later of February 28, 2022 or the date
on which the State's COVID-19 emergency orders are lifted.

Section five of the bill sets forth the effective date.

 
JUSTIFICATION:

With the fallout of the COVID-19 pandemic, many New Yorkers are struggl-
ing financially. This bill temporarily suspends past and current repay-
ment agreements for the payment or overpayment of TANF funds used for
utility or other public assistance, and ensures that rental arrears
grants-more commonly knowns as one shots-do not require a court proceed-
ing to be brought against a tenant as a condition of eligibility.

 
LEGISLATIVE HISTORY:

New bill in the Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and sections 2, 3, and 4 shall
expire and be deemed repealed on the later of the end of the state of
emergency declared pursuant to executive order number 202 of 2020 or
February 28, 2022.

2021-S6743A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6743--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to amend the social services law, in relation to rental assist-
   ance; and to repeal such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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.
   §  2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11074-03-1

 S. 6743--A                          2
 
 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 AND THE LATER OF THE END OF THE STATE
 OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO
 OF TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO  THOUSAND  TWENTY-
 TWO.  ANY  PAYMENT  DUE  AND OWING UNDER THIS SECTION SHALL BE SUSPENDED
 UNTIL THE LATER OF THE END OF THE STATE OF EMERGENCY  DECLARED  PURSUANT
 TO  EXECUTIVE  ORDER  NUMBER  TWO  HUNDRED TWO OF TWO THOUSAND TWENTY OR
 FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   § 3. 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 AND THE LATER OF THE  END  OF
 THE  STATE  OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO
 HUNDRED TWO OF TWO THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO  THOU-
 SAND TWENTY-TWO.
   §  4.  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  OR HER 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  overpay-
 ments  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

 S. 6743--A                          3
 
 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 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 THE END OF THE STATE OF EMERGEN-
 CY  DECLARED  PURSUANT  TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO
 THOUSAND TWENTY OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   § 5. This act shall take effect immediately and  sections  two,  three
 and four of this act shall expire and be deemed repealed on the later of
 the  end  of the state of emergency declared pursuant to executive order
 number 202 of 2020 or February 28, 2022.

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Senate Bill S6743A

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

Bill Amendments

2021-S6743 - Details

2021-S6743 - Summary

2021-S6743 - Sponsor Memo

2021-S6743 - Bill Text download pdf

2021-S6743A (ACTIVE) - Details

2021-S6743A (ACTIVE) - Summary

2021-S6743A (ACTIVE) - Sponsor Memo

2021-S6743A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6743A

Share this bill

Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Social Services Committee

Bill Amendments

2021-S6743 - Details

2021-S6743 - Summary

2021-S6743 - Sponsor Memo

2021-S6743 - Bill Text download pdf

2021-S6743A (ACTIVE) - Details

2021-S6743A (ACTIVE) - Summary

2021-S6743A (ACTIVE) - Sponsor Memo

2021-S6743A (ACTIVE) - Bill Text download pdf

Comments