Senate Bill S2038A

                                 
BILL NUMBER: S2038A

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to increasing from
$300 a month to $725 a month the rent subsidy payable to a foster child
living independently

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will ensure the housing subsidy program is better able to
prevent homelessness and address housing instability for families and
youth aging out of foster care.  This statute includes two components:
(1) Increases the monthly maximum rent subsidy amount to $725 (from
$300) with future annual increases tied to inflation; (2) Increases the
upper age limit of eligibility from 21 to 24, so that youth who age out
of foster care from ages 18-21 can avail themselves of the subsidy for
up to 3 years.

 
JUSTIFICATION:

              

Housing stability and child welfare are inextricably linked. Research
has shown a higher rate of homelessness among those involved with the
child welfare system than other low-income families, and that housing
can be a barrier to reunification.  Homeless families are far more like-
ly than their non-homeless counterparts to be the focus of a child
protective services (CPS) investigation, to have an open child welfare
case, or to have a child placed in out of home care. Furthermore, as
documented in a recent U.S. Department of Housing and Urban Development
(HUD) report, youth who age out of foster care are at a heightened risk
of homelessness.

In 1988, New York created the child welfare housing subsidy to help
address homelessness and housing instability for families with open
child welfare cases and youth aging out of foster care. Specifically,
since 1988, the law has authorized local social service districts to
provide eligible families and youth with a housing subsidy of up to $30o
per month for up to three years or until reaching the limit of $1o,800.
The housing subsidy program is a preventive service, pursuant to State
Social Service law and corresponding regulations.

The goal of the child welfare housing subsidy program is to stabilize
housing situations and prevent homelessness so as to help prevent foster
care placements, expedite reunification, and help youth aging out of
foster care. Thus, families with open CPS investigations, families
receiving preventive services, families where children are reunifying
from foster care, and youth ages 18-21 have been eligible for the hous-
ing subsidy. Given that the $30o monthlylimit has not increased since
1988, has not been adjusted for inflation, and does not reflect the Fair
Market Rent in New York City (or almost any county in New York), the
$30o housing subsidy is no longer a significant enough rental assistance
mechanism to secure and stabilize housing for families or youth aging
out of foster care in almost any county in New York State. If the $300
subsidy is adjusted for inflation using the United States Department of
Labor Consumer Price Index (CPI) inflation calculator, $300 in 1988 has
the same buying power as $720.69 in 2021. Increasing the maximum subsidy
to reflect current realities and providing a mechanism to increase the

maximum subsidy amount to reflect inflation will help ensure that the
program continues to protect this vulnerable population.

With regard to New York's youth, the child welfare laws enable youth to
remain in foster care up to age 21. For those youth who choose to do
this, they are not ever able to receive the housing subsidy, as it has
been interpreted to end at age 21. These youth never get the opportunity
to avail themselves of the child welfare housing subsidy, which would
otherwise be an important support for these young adults as they first
learn to live on their own, pay rent, and support themselves. The feder-
al government has recognized the value of enabling youth to remain in
foster care through age 21 (rather than 18) and in 2008 passed the
Fostering Connections to Success Act, which extended federal reimburse-
ment for foster care up to age 21.  Other states are now beginning to
follow New York's lead in this area. Extending the child welfare housing
subsidy through age 24 would be in line with this practice and best
support young people through age 21 and beyond. In summary, these steps
would go a long way towards helping to address the homeless crisis, and
will strengthen and support families involved with the child' welfare
system and youth aging out of foster care.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S.5419B (passed Senate)

2019-2020: A.4329A;

2017-18: A.300;

2015-16: A.4609

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of April in the next succeedi-
nixear after passage.  2021