S T A T E O F N E W Y O R K
________________________________________________________________________
491
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
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Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the private housing finance law, in relation to provid-
ing housing to eligible homeless families and eligible homeless indi-
viduals with a disability in certain housing developments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the private housing finance law is amended by
adding two new subdivisions 30 and 31 to read as follows:
30. "ELIGIBLE HOMELESS FAMILIES." FAMILIES WHO ARE HOMELESS OR WHO
LIVE IN TEMPORARY OR TRANSITIONAL HOUSING AND ARE UNABLE TO SECURE
PERMANENT AND STABLE HOUSING WITHOUT SPECIAL ASSISTANCE OR SUCH OTHER
CATEGORIES OF FAMILIES AT RISK OF BEING HOMELESS AS DETERMINED BY A
COMMISSIONER OF SOCIAL SERVICES OR A SOCIAL SERVICES DISTRICT.
31. "ELIGIBLE HOMELESS INDIVIDUALS WITH A DISABILITY." INDIVIDUALS
WHO ARE CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
OR SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL
SECURITY ACT OR DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THOSE
PREVIOUSLY ELIGIBLE BY VIRTUE OF RECEIVING DISABILITY BENEFITS UNDER THE
SUPPLEMENTAL SECURITY INCOME PROGRAM OR THE SOCIAL SECURITY DISABILITY
PROGRAM AND CURRENTLY RECEIVING MEDICAL ASSISTANCE BENEFITS BASED ON
DETERMINATION OF DISABILITY AS PROVIDED IN SECTION THREE HUNDRED SIXTY-
SIX OF THE SOCIAL SERVICES LAW AND WHO LIVE IN TEMPORARY OR TRANSITIONAL
HOUSING AND ARE UNABLE TO SECURE PERMANENT AND STABLE HOUSING WITHOUT
SPECIAL ASSISTANCE OR SUCH OTHER CATEGORIES OF INDIVIDUALS WITH A DISA-
BILITY AT RISK OF BEING HOMELESS AS DETERMINED BY A COMMISSIONER OF
SOCIAL SERVICES OR A SOCIAL SERVICES DISTRICT.
§ 2. Section 31 of the private housing finance law is amended by
adding a new subdivision 7-a to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00043-01-3
A. 491 2
7-A. PREFERENCE IN ADMISSION SHALL BE GRANTED TO A LIMITED NUMBER OF
OTHERWISE ELIGIBLE APPLICANTS WHO ARE ELIGIBLE HOMELESS FAMILIES OR
ELIGIBLE HOMELESS INDIVIDUALS WITH A DISABILITY, IN ALL STATE-SUPERVISED
FAMILY RENTAL HOUSING DEVELOPMENTS LOCATED IN THE CITY OF NEW YORK AND
WESTCHESTER COUNTY WHICH WERE CONSTRUCTED AND ARE OPERATED PURSUANT TO
THIS ARTICLE. THE OWNERS AND MANAGING AGENTS OF SUCH DEVELOPMENTS SHALL
FILL AT LEAST ONE OF EVERY FIVE VACANCIES IN EACH BUILDING WITH AN
ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS INDIVIDUAL WITH A DISABIL-
ITY. PROVIDED, HOWEVER, NO OWNER AND/OR MANAGING AGENT SHALL BE OBLI-
GATED TO FILL MORE THAN FIVE PERCENT OF THE TOTAL NUMBER OF APARTMENTS
IN EACH BUILDING WITH AN ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS
INDIVIDUAL WITH A DISABILITY ASSISTED HEREUNDER. SECTION 8 VOUCHERS
SHALL BE PROVIDED TO ELIGIBLE HOMELESS FAMILIES AND ELIGIBLE HOMELESS
INDIVIDUALS WITH A DISABILITY APPLYING FOR HOUSING UNDER THIS SUBDIVI-
SION PROVIDED SUCH VOUCHERS ARE OTHERWISE AVAILABLE AND NOT MORE THAN
FORTY PERCENT OF SUCH VOUCHERS ARE BEING PROVIDED TO SUCH FAMILIES OR
INDIVIDUALS.
§ 3. Section 85-a of the private housing finance law is amended by
adding a new subdivision 6-a to read as follows:
6-A. PREFERENCE IN ADMISSION SHALL BE GRANTED TO A LIMITED NUMBER OF
OTHERWISE ELIGIBLE APPLICANTS WHO ARE ELIGIBLE HOMELESS FAMILIES OR
ELIGIBLE HOMELESS INDIVIDUALS WITH A DISABILITY, IN ALL STATE-SUPERVISED
FAMILY RENTAL HOUSING DEVELOPMENTS LOCATED IN THE CITY OF NEW YORK AND
WESTCHESTER COUNTY WHICH WERE CONSTRUCTED AND ARE OPERATED PURSUANT TO
THIS ARTICLE. THE OWNERS AND MANAGING AGENTS OF SUCH DEVELOPMENTS SHALL
FILL AT LEAST ONE OF EVERY FIVE VACANCIES IN EACH BUILDING WITH AN
ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS INDIVIDUAL WITH A DISABIL-
ITY. PROVIDED HOWEVER NO OWNER AND/OR MANAGING AGENT SHALL BE OBLIGATED
TO FILL MORE THAN FIVE PERCENT OF THE TOTAL NUMBER OF APARTMENTS IN EACH
BUILDING WITH AN ELIGIBLE HOMELESS FAMILY OR ELIGIBLE HOMELESS INDIVID-
UAL WITH A DISABILITY ASSISTED HEREUNDER. SECTION 8 VOUCHERS SHALL BE
PROVIDED TO ELIGIBLE HOMELESS FAMILIES AND ELIGIBLE HOMELESS INDIVIDUALS
WITH A DISABILITY APPLYING FOR HOUSING UNDER THIS SUBDIVISION PROVIDED
SUCH VOUCHERS ARE OTHERWISE AVAILABLE AND NOT MORE THAN FORTY PERCENT OF
SUCH VOUCHERS ARE BEING PROVIDED TO SUCH FAMILIES OR INDIVIDUALS.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.