Senate Bill S3787

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3787
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 eliminating rent
   for homeless shelters; and to repeal certain provisions  of  such  law
   relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 36-c of the social services law is REPEALED.
   § 2. Section 131 of the social services law is amended by adding a new
 subdivision 21 to read as follows:
   21. A. ANY TEMPORARY HOUSING ASSISTANCE PROVIDER FOUND TO BE  COLLECT-
 ING  INCOME,  ROOM  AND  BOARD  OR  ANY  OTHER  TYPE  OF CONTRIBUTION IN
 VIOLATION OF SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED THIRTY-ONE-A  OF
 THIS  TITLE,  SHALL,  AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD BY THE
 DEPARTMENT, BE REQUIRED TO RETURN ANY FUNDS COLLECTED  IN  VIOLATION  OF
 THIS SECTION TO SUCH RECIPIENT AND MAY BE SUBJECT TO A CIVIL PENALTY NOT
 TO  EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION. THE DEPARTMENT SHALL
 ADOPT PROCEDURES IN ACCORDANCE WITH THE STATE  ADMINISTRATIVE  PROCEDURE
 ACT FOR ASSESSMENT OF PENALTIES PURSUANT TO THIS SECTION. SUCH PROCEDURE
 SHALL INCLUDE THE OPPORTUNITY FOR AN ADMINISTRATIVE APPEAL. ANY PROVIDER
 FOUND  TO  HAVE  VIOLATED  THIS SECTION AND WHO IS SUBSEQUENTLY FOUND TO
 HAVE VIOLATED THIS SECTION FIVE OR MORE TIMES WITHIN  ONE  YEAR  OF  THE
 INITIAL  FINDING  MAY BE DETERMINED, AT THE DISCRETION OF THE DEPARTMENT
 AND TAKING INTO CONSIDERATION THE  GEOGRAPHIC  AVAILABILITY  OF  SIMILAR
 SERVICES, TO BE INELIGIBLE TO RECEIVE PUBLIC FUNDING FOR A PERIOD NOT TO
 EXCEED FIVE YEARS.
   B.  ANY  PROVIDER  WHICH  HAS BEEN DEEMED INELIGIBLE TO RECEIVE PUBLIC
 FUNDING PURSUANT TO THIS SECTION MAY APPLY  TO  THE  DEPARTMENT  FOR  AN
 ORDER  DISCONTINUING  SUCH  DISQUALIFICATION.  THE APPLICATION SHALL SET
 FORTH THE GROUNDS, INCLUDING THAT  THE  PROVIDER  HAS  TAKEN  SUFFICIENT
 ACTIONS TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01368-01-5
              

 S. 3787                             2
 
 IN THE ACTIONS THAT FORMED THE BASIS OF THE VIOLATION, THAT THE PROVIDER
 HAS  TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO ENSURE THAT THE ACTIONS
 THAT FORMED THE BASIS OF THE VIOLATION ARE UNLIKELY TO RECUR,  AND  THAT
 IT WILL NOT BE IN THE PUBLIC INTEREST TO CONTINUE THE DISQUALIFICATION.
   §  3.  Section 131-a of the social services law is amended by adding a
 new subdivision 16 to read as follows:
   16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY, A HOMELESS INDIVIDUAL OR FAMILY APPLYING FOR OR RECEIVING
 TEMPORARY HOUSING ASSISTANCE SHALL NOT BE REQUIRED TO PAY TO  ANY  LOCAL
 OR  STATE  GOVERNMENT  OR  AGENCY  OR  ANY  PROVIDER,  ROOM AND BOARD OR
 CONTRIBUTE  ANY  EARNED  OR  UNEARNED  INCOME,  AVAILABLE  BENEFITS   OR
 RESOURCES TO ELIMINATE THEIR NEED FOR TEMPORARY HOUSING ASSISTANCE OR AS
 A  CONDITION  TO RECEIVE TEMPORARY HOUSING ASSISTANCE.  FOR THE PURPOSES
 OF THIS SUBDIVISION, TEMPORARY HOUSING ASSISTANCE OR SHORT-TERM  HOUSING
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, A FAMILY SHELTER, AN ADULT FAMILY
 SHELTER, A CLUSTER SITE APARTMENT, A SHELTER FOR ADULTS, A UNITED STATES
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSISTED TRANSITIONAL  HOUS-
 ING  SHELTER, A PUBLIC HOME, A HOTEL, AN EMERGENCY APARTMENT, A DOMESTIC
 VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, A ROOM AND BOARD
 SHELTER, A SAFE HAVEN SHELTER, A VETERANS SHORT-TERM HOUSING SHELTER,  A
 CRIMINAL  JUSTICE  SHORT-TERM HOUSING SHELTER, OR A SAFE HOUSE FOR REFU-
 GEES, ASYLEES, OR TRAFFICKING VICTIMS OPERATING IN NEW YORK STATE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.