Assembly Bill A10111

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10111
 
                           I N  A S S E M B L Y
 
                             February 2, 2026
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the public housing law, in relation to housing stability
   protections for at-risk tenants
 
   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
 12-A to read as follows:
                                ARTICLE 12-A
             HOUSING STABILITY PROTECTIONS FOR AT-RISK TENANTS
 SECTION 320. DEFINITIONS.
         321. EMERGENCY  HOUSING  TRANSFER  PRIORITIZATION  AND   PROGRAM
                PORTABILITY.
         322. OPTIONAL FAST-TRACK TO HOUSING CHOICE VOUCHER PROGRAM.
         323. SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE.
         324. IMPLEMENTATION AND REPORTING.
         325. CENTRALIZED EMERGENCY HOUSING TRANSFER PLATFORM.
   §  320.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SURVIVOR OF DOMESTIC VIOLENCE"  MEANS  ANY  INDIVIDUAL  WHO  IS  A
 VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED BY SECTION FOUR HUNDRED FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW, OR WHO  IS  A  SURVIVOR  OF  DOMESTIC
 VIOLENCE,  DATING  VIOLENCE,  SEXUAL ASSAULT, OR STALKING, AS SUCH TERMS
 ARE DEFINED BY 34 U.S.C. 12291(A).
   2. "DISABILITY" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION  TWO
 HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   3. "REASONABLE ACCOMMODATION" MEANS A CHANGE IN RULES, POLICIES, PRAC-
 TICES,  OR SERVICES AS MAY BE NECESSARY TO AFFORD A PERSON LIVING WITH A
 DISABILITY AN EQUAL OPPORTUNITY TO USE AND ENJOY A DWELLING.
   4. "EMERGENCY HOUSING TRANSFER REQUEST"  MEANS  A  RELOCATION  REQUEST
 FROM  A  TENANT, WHERE SUCH TENANT REASONABLY BELIEVES SUCH TENANT IS AT
 RISK OF HARM IF SUCH TENANT REMAINS IN SUCH TENANT'S DWELLING  UNIT  DUE
 TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14656-01-6
              

 A. 10111                            2
 
   (A)  DOMESTIC  VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT,
 AS SUCH TERMS ARE DEFINED BY 34 U.S.C 12291(A);
   (B) HAVING A DISABILITY;
   (C)  BEING  A  VICTIM, OR FEAR OF BEING A VICTIM, OF A CRIME OF INTIM-
 IDATING VICTIM OR WITNESS UNDER SECTION 215.15, 215.16 OR 215.17 OF  THE
 PENAL LAW; OR
   (D) BEING A VICTIM OF A TRAUMATIC INCIDENT.
   5.  "EMERGENCY HOUSING TRANSFER" MEANS A TENANT TRANSFER MADE PURSUANT
 TO AN APPROVED EMERGENCY HOUSING TRANSFER REQUEST,  AND  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, REQUESTS FOR EMERGENCY TRANSFERS UNDER THE FEDER-
 AL  VIOLENCE  AGAINST  WOMEN  ACT AND REASONABLE ACCOMMODATION TRANSFERS
 UNDER THE FEDERAL FAIR HOUSING ACT.
   6. "CENTRALIZED EMERGENCY HOUSING  TRANSFER  PLATFORM"  OR  "PLATFORM"
 MEANS  THE  EMERGENCY  HOUSING  TRANSFER  PLATFORM  CREATED  PURSUANT TO
 SECTION THREE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   7. "VAWA COORDINATOR" MEANS A FEDERAL VIOLENCE AGAINST WOMEN ACT COOR-
 DINATOR DESIGNATED BY AN AUTHORITY PURSUANT  TO  SECTION  THREE  HUNDRED
 TWENTY-THREE OF THIS ARTICLE.
   § 321. EMERGENCY HOUSING TRANSFER PRIORITIZATION AND PROGRAM PORTABIL-
 ITY.    1.  EACH  AUTHORITY SHALL ENSURE THAT EMERGENCY HOUSING TRANSFER
 REQUESTS SUBMITTED BY TENANTS ARE PROCESSED WITH  THE  HIGHEST  URGENCY,
 PRIORITIZING  TENANTS  IN  DWELLING UNITS DEEMED UNINHABITABLE OR STRUC-
 TURALLY COMPROMISED.
   2. VERIFIED EMERGENCY HOUSING TRANSFER REQUESTS SHALL BE GIVEN PRIORI-
 TY OVER ANY NEW  APPLICATIONS  FOR  HOUSING  OR  OTHER  TENANT  TRANSFER
 REQUESTS.
   3.  AN AUTHORITY SHALL RESPOND IN WRITING TO ANY NEW EMERGENCY HOUSING
 TRANSFER REQUEST WITHIN FIVE CALENDAR DAYS OF RECEIPT.
   4. WHERE AN AUTHORITY APPROVES AN EMERGENCY HOUSING  TRANSFER  REQUEST
 AND  PLACES THE APPLICANT FOR SUCH EMERGENCY HOUSING TRANSFER REQUEST ON
 A WAITLIST, SUCH AUTHORITY SHALL NOTIFY SUCH APPLICANT IN  WRITING  THAT
 THERE  ARE  NO  SAFE,  HABITABLE, AND APPROPRIATELY SIZED DWELLING UNITS
 AVAILABLE WITHIN SUCH AUTHORITY'S ENTIRE HOUSING PORTFOLIO AT SUCH TIME,
 INCLUDING, BUT NOT LIMITED TO, WHERE APPLICABLE:
   (A) FEDERALLY SUBSIDIZED PUBLIC HOUSING;
   (B) UNITS CONVERTED  UNDER  THE  NEW  YORK  CITY  HOUSING  AUTHORITY'S
 RAD/PACT PROGRAM; OR
   (C)  UNITS  HELD  WITHIN THE NEW YORK CITY PUBLIC HOUSING PRESERVATION
 TRUST ESTABLISHED UNDER SECTION SIX HUNDRED TWENTY-EIGHT OF THIS CHAPTER
 OR EQUIVALENT ENTITIES.
   5. (A) A DENIAL OF AN EMERGENCY HOUSING TRANSFER REQUEST, OR A NOTIFI-
 CATION THAT A TENANT WAS ADDED TO A  WAITLIST  PURSUANT  TO  SUBDIVISION
 FOUR  OF THIS SECTION, SHALL BE ISSUED THROUGH THE CENTRALIZED EMERGENCY
 HOUSING TRANSFER PLATFORM.
   (B) DENIAL NOTICES GENERATED THROUGH THE CENTRALIZED EMERGENCY HOUSING
 TRANSFER PLATFORM SHALL  SATISFY  ALL  LEGAL  REQUIREMENTS  FOR  WRITTEN
 NOTICE AND SHALL REMAIN ACCESSIBLE TO THE TENANT FOR PRINTING, DOWNLOAD,
 OR  SECURE  REVIEW, IN ACCORDANCE WITH FEDERAL AND STATE CONFIDENTIALITY
 STANDARDS.
   6. (A) WHERE AN AUTHORITY DOES NOT HAVE SUFFICIENT  AVAILABLE  HOUSING
 ACROSS ITS ENTIRE PORTFOLIO TO PROVIDE IMMEDIATE HOUSING TO ALL EMERGEN-
 CY  HOUSING  TRANSFER  APPLICANTS, SUCH AUTHORITY SHALL INITIATE COLLAB-
 ORATION WITH LICENSED OR STATE-FUNDED HOUSING PROVIDERS,  INCLUDING  BUT
 NOT  LIMITED TO SUPPORTIVE HOUSING PROGRAMS, NONPROFIT ORGANIZATIONS, OR
 SPECIALIZED VICTIM SERVICE PROVIDERS, TO ASSIST IN SECURING  ALTERNATIVE
 A. 10111                            3
 
 HOUSING  PLACEMENT  FOR EMERGENCY HOUSING TRANSFER APPLICANTS ON A WAIT-
 LIST.
   (B) IN THE CASE OF EMERGENCY HOUSING TRANSFER REQUESTS BY SURVIVORS OF
 GENDER-BASED  VIOLENCE, THE RESPONSIBILITY FOR INITIATING AND COORDINAT-
 ING THE PLACEMENT PROCESS UNDER PARAGRAPH (A) OF THIS SUBDIVISION  SHALL
 FALL TO VAWA COORDINATORS. SUCH RESPONSIBILITIES SHALL INCLUDE:
   (I) MAKING REFERRALS TO QUALIFIED PARTNER AGENCIES;
   (II) ASSISTING WITH APPLICATIONS OR ELIGIBILITY DOCUMENTATION; AND
   (III)  FOLLOWING  UP  UNTIL  PLACEMENT IS SECURED OR OTHER APPROPRIATE
 ACTION IS TAKEN.
   7. APPLICANTS MAKING AN EMERGENCY HOUSING TRANSFER SHALL  BE  AFFORDED
 FULL  PROGRAM-WIDE  TRANSFER  ELIGIBILITY, INCLUDING ACCESS TO AVAILABLE
 DWELLING UNITS ACROSS ALL HOUSING TYPES ADMINISTERED OR OVERSEEN BY  THE
 AUTHORITY.
   8.  NO  EMERGENCY  HOUSING TRANSFER REQUEST SHALL BE DENIED OR DELAYED
 SOLELY ON THE BASIS THAT  THE  AVAILABLE  DWELLING  UNIT  BELONGS  TO  A
 DIFFERENT HOUSING PROGRAM OR FUNDING STREAM.
   9.  (A)  EACH  AUTHORITY  SHALL  ESTABLISH  A  MECHANISM TO REVIEW AND
 RE-PRIORITIZE PENDING EMERGENCY HOUSING TRANSFER REQUESTS IN CASES WHERE
 THE TENANT MAKING SUCH EMERGENCY HOUSING TRANSFER REQUEST:
   (I) REPORTS A NEW INCIDENT  OF  DOMESTIC  VIOLENCE,  DATING  VIOLENCE,
 STALKING,  OR  SEXUAL  ASSAULT,  AS  SUCH  TERMS ARE DEFINED BY 34 U.S.C
 12291(A), OCCURRING AFTER THE INITIAL EMERGENCY HOUSING TRANSFER REQUEST
 WAS SUBMITTED; OR
   (II) BECOMES TEMPORARILY UNHOUSED OR IS PLACED IN A SHELTER OR TRANSI-
 TIONAL HOUSING WHILE AWAITING RELOCATION THROUGH THE  EMERGENCY  HOUSING
 TRANSFER PROCESS.
   (B)  IN  SUCH  CASES  UNDER  PARAGRAPH  (A)  OF  THIS SUBDIVISION, THE
 TENANT'S EMERGENCY HOUSING TRANSFER REQUEST SHALL BE ELEVATED TO IMMEDI-
 ATE ACTION STATUS, AND THE AUTHORITY SHALL MAKE EVERY REASONABLE  EFFORT
 TO  EXPEDITE SUCH TENANT'S PLACEMENT INTO AN AVAILABLE DWELLING UNIT OR,
 WHERE APPLICABLE, INITIATE COLLABORATION WITH EXTERNAL  PROVIDERS  UNDER
 SUBDIVISION SIX OF THIS SECTION.
   10. EACH AUTHORITY'S WRITTEN EMERGENCY HOUSING TRANSFER POLICIES SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  PROCEDURES  FOR  TENANTS  OR ADVOCATES TO REPORT NEW INCIDENTS OR
 CHANGES IN HOUSING STATUS;
   (B) A CLEARLY DEFINED INTERNAL PROCESS FOR  REASSESSING  PRIORITY  AND
 URGENCY; AND
   (C)  A  TIMEFRAME  FOR  ACTING  ON  UPDATED EMERGENCY HOUSING TRANSFER
 REQUESTS, WHICH SHALL NOT EXCEED FIVE CALENDAR DAYS FROM  THE  DATE  NEW
 INFORMATION IS RECEIVED.
   11. VAWA COORDINATORS SHALL ENSURE DOCUMENTATION, SAFETY PLANNING, AND
 APPROPRIATE SURVIVOR-CENTERED SUPPORTS ARE PROVIDED IN HIGH-RISK CASES.
   §  322.  OPTIONAL FAST-TRACK TO HOUSING CHOICE VOUCHER PROGRAM. 1. ANY
 TENANT WHOSE EMERGENCY HOUSING TRANSFER REQUEST HAS BEEN APPROVED BY  AN
 AUTHORITY UNDER THIS ARTICLE SHALL BE IMMEDIATELY INFORMED OF THE OPTION
 TO  BE PLACED ON SUCH AUTHORITY'S WAITING LIST FOR THE SECTION 8 HOUSING
 CHOICE VOUCHER PROGRAM UNDER SECTION 8 OF THE UNITED STATES HOUSING  ACT
 OF 1937, AS AMENDED.
   2.  EACH AUTHORITY SHALL WAIVE ANY INTERNAL POLICIES THAT WOULD OTHER-
 WISE REQUIRE TENANTS WHO MEET THE CRITERIA TO BE APPROVED FOR  AN  EMER-
 GENCY HOUSING TRANSFER TO SPEND TWO OR MORE YEARS ON A WAITLIST IN ORDER
 TO  BECOME  ELIGIBLE  FOR  A  VOUCHER UNDER THE SECTION 8 HOUSING CHOICE
 VOUCHER PROGRAM UNDER SECTION 8 OF THE  UNITED  STATES  HOUSING  ACT  OF
 A. 10111                            4
 
 1937, AS AMENDED. ELECTING TO JOIN SUCH VOUCHER WAITLIST SHALL NOT DELAY
 OR NEGATE A TENANT'S PENDING EMERGENCY HOUSING TRANSFER REQUEST.
   §  323.  SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE. 1. EACH AUTHORITY
 SHALL DESIGNATE AT LEAST ONE  VAWA  COORDINATOR,  WHO  SHALL  COORDINATE
 EMERGENCY HOUSING TRANSFERS UNDER THIS ARTICLE FOR SURVIVORS OF DOMESTIC
 VIOLENCE,  ENSURE  POLICY  COMPLIANCE  WITH THE FEDERAL VIOLENCE AGAINST
 WOMEN ACT, AND FACILITATE EXTERNAL REFERRALS PURSUANT TO SUBDIVISION SIX
 OF SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2. EACH AUTHORITY SHALL ENTER INTO AT LEAST ONE AGREEMENT OR  MEMORAN-
 DUM  OF  UNDERSTANDING  WITH  A  LOCAL  OR REGIONAL SERVICE PROVIDER FOR
 SURVIVORS OF DOMESTIC VIOLENCE. SUCH AGREEMENT OR MEMORANDUM  OF  UNDER-
 STANDING  SHALL NOT REQUIRE THE CREATION OF A NEW STAFF POSITION AND MAY
 BE ASSIGNED TO CURRENT PERSONNEL AS PART OF THEIR EXISTING DUTIES.
   3. EACH AUTHORITY SHALL DEVELOP AND DELIVER  ANNUAL  TRAINING  TO  ALL
 STAFF  WHOSE  DUTIES  INVOLVE DIRECT INTERACTION WITH TENANTS OR PARTIC-
 IPATION IN ELIGIBILITY, PLACEMENT, TRANSFER, OR ACCOMMODATION DECISIONS,
 INCLUDING BUT NOT LIMITED TO TRAINING ON:
   (A) PROTECTIONS UNDER THE FEDERAL VIOLENCE AGAINST WOMEN ACT;
   (B) TRAUMA-INFORMED COMMUNICATION;
   (C) CONFIDENTIALITY OBLIGATIONS UNDER 24 CFR § 5.2007; AND
   (D) REASONABLE ACCOMMODATIONS FOR TENANTS WITH A DISABILITY.
   § 324. IMPLEMENTATION AND REPORTING. 1.  EACH  AUTHORITY  SHALL  ADOPT
 CONFORMING  POLICY  CHANGES WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   2. EACH AUTHORITY SHALL PUBLICLY POST REVISED EMERGENCY HOUSING TRANS-
 FER AND EMERGENCY HOUSING TRANSFER  WAITLIST  POLICIES,  AND  DISTRIBUTE
 SUCH  POLICIES  TO  TENANT  ASSOCIATIONS,  LEGAL  SERVICE PROVIDERS, AND
 ORGANIZATIONS THAT PROVIDE SERVICES TO SURVIVORS OF DOMESTIC VIOLENCE.
   3. EACH AUTHORITY SHALL SUBMIT AN ANNUAL REPORT  TO  THE  DIVISION  OF
 HOUSING  AND  COMMUNITY  RENEWAL  ON  INFORMATION UNDER SUCH AUTHORITY'S
 CENTRALIZED EMERGENCY HOUSING TRANSFER  PLATFORM,  WHICH  SHALL  INCLUDE
 ANONYMIZED DATA ON:
   (A)  THE  NUMBER  OF  EMERGENCY  HOUSING  TRANSFER  REQUESTS RECEIVED,
 APPROVED, AND DENIED;
   (B) THE AVERAGE LENGTH OF TIME FROM EMERGENCY HOUSING TRANSFER REQUEST
 TO WRITTEN RESPONSE AND, WHERE APPLICABLE, TO PLACEMENT;
   (C) TYPES OF DWELLING UNITS UTILIZED FOR  EMERGENCY  HOUSING  TRANSFER
 PLACEMENTS;
   (D)  INSTANCES  WHERE  EXTERNAL  PROVIDERS WERE ENGAGED DUE TO LACK OF
 AVAILABLE INTERNAL DWELLING  UNITS,  INCLUDING  WAITLIST  PLACEMENTS  OF
 QUALIFYING EMERGENCY HOUSING TRANSFER RECIPIENTS INTO SECTION 8 PROGRAMS
 UNDER SECTION THREE HUNDRED TWENTY-TWO OF THIS ARTICLE;
   (E)  AGGREGATE,  ANONYMIZED  DEMOGRAPHIC  DATA  FOR  EMERGENCY HOUSING
 TRANSFER APPLICANTS AND RECIPIENTS, INCLUDING BUT NOT LIMITED TO:  RACE,
 ETHNICITY, GENDER IDENTITY, AGE, DISABILITY STATUS, AND HOUSEHOLD COMPO-
 SITION; AND
   (F) VAWA COORDINATOR STAFFING AND TRAINING COMPLETION RATES.
   §  325.  CENTRALIZED  EMERGENCY  HOUSING  TRANSFER  PLATFORM.  1. EACH
 AUTHORITY SHALL DEVELOP, IMPLEMENT,  AND  MAINTAIN  A  SECURE,  DIGITAL,
 CENTRALIZED EMERGENCY HOUSING TRANSFER PLATFORM TO COORDINATE AND MANAGE
 EMERGENCY HOUSING TRANSFERS IN ACCORDANCE WITH THIS ARTICLE.
   2. EACH PLATFORM SHALL, AT A MINIMUM:
   (A)  ALLOW  TENANTS  TO INITIATE AND SUBMIT EMERGENCY HOUSING TRANSFER
 REQUESTS, INCLUDING REQUIRED DOCUMENTATION;
 A. 10111                            5
 
   (B) ENABLE THE AUTHORITY'S STAFF TO LOG, PROCESS, AND TRACK  EMERGENCY
 HOUSING  TRANSFER  REQUESTS  AND REAL-TIME UNIT AVAILABILITY ACROSS SUCH
 AUTHORITY'S HOUSING PORTFOLIO; AND
   (C)  ALLOW DESIGNATED VAWA COORDINATORS TO MONITOR THE STATUS OF EMER-
 GENCY HOUSING TRANSFER REQUESTS, REFERRALS, COMMUNICATIONS, AND  HOUSING
 PLACEMENTS.
   3.  THE  DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL SHALL PROMULGATE
 RULES AND REGULATIONS NECESSARY TO  ESTABLISH  STANDARDS  AND  TECHNICAL
 GUIDELINES  TO  ENSURE  CONSISTENCY AND EQUITY IN LOCAL PLATFORM DESIGN,
 INCLUDING BUT NOT LIMITED TO:
   (A) INTEROPERABILITY ACROSS AUTHORITY SYSTEMS TO ALLOW EMERGENCY HOUS-
 ING TRANSFERS ACROSS JURISDICTIONS FOR SURVIVORS  OF  DOMESTIC  VIOLENCE
 FLEEING ABUSE;
   (B)  CONFIDENTIALITY  AND  DATA  SECURITY CONSISTENT WITH FEDERAL LAW,
 INCLUDING 34 U.S.C. § 12491(C)(4) AND 24 CFR § 5.2007(C), AND  INCLUDING
 ENCRYPTION,  ROLE-BASED  ACCESS,  AND DATA LOGGING TO PROTECT PERSONALLY
 IDENTIFIABLE INFORMATION; AND
   (C) REQUIRED DATA FIELDS AND SYSTEM  FUNCTIONS  TO  SUPPORT  REAL-TIME
 TRACKING  OF AVAILABLE UNITS ACROSS ALL PROGRAM TYPES, INCLUDING BUT NOT
 LIMITED TO:
   (I) FEDERALLY SUBSIDIZED PUBLIC HOUSING;
   (II) THE NEW  YORK  CITY  HOUSING  AUTHORITY'S  RAD/PACT  PROGRAM  AND
 PROJECT-BASED VOUCHER UNITS; AND
   (III) THE NEW YORK CITY PUBLIC HOUSING PRESERVATION TRUST'S PROPERTIES
 UNDER ARTICLE FIFTEEN OF THIS CHAPTER.
   4. EACH AUTHORITY SHALL COMPLY WITH ALL DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL RULES AND REGULATIONS REGARDING:
   (A) PLATFORM USER ACCESS AND AUTHORIZATION PROTOCOLS;
   (B)  SURVIVOR  OF  DOMESTIC  VIOLENCE  CONSENT  PROCEDURES FOR SHARING
 LIMITED DATA ACROSS JURISDICTIONS OR WITH REFERRAL PARTNERS; AND
   (C) RETENTION, AUDITING, AND REPORTING OF EMERGENCY  HOUSING  TRANSFER
 CASE DATA.
   5.  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL SHALL COMPILE THE
 SUBMITTED DATA PURSUANT TO SUBDIVISION THREE OF  SECTION  THREE  HUNDRED
 TWENTY-FOUR OF THIS ARTICLE INTO A STATEWIDE ANONYMIZED ANNUAL REPORT ON
 EMERGENCY HOUSING TRANSFERS, IDENTIFYING TRENDS, BARRIERS, AND GEOGRAPH-
 IC  DISPARITIES.  SUCH  REPORT  SHALL  BE SUBMITTED TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  AND  BE
 MADE  PUBLICLY  AVAILABLE  ON  THE  DIVISION  OF  HOUSING  AND COMMUNITY
 RENEWAL'S WEBSITE.
   § 2. This act shall take effect one year 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.