S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4446--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2025
                                ___________
 
 Introduced  by  Sens. KAVANAGH, S. RYAN, BASKIN, CLEARE, COONEY, FAHY --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Social  Services  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 AN  ACT  to  amend  the social services law, in relation to enacting the
   "shelter arrears eviction  forestallment  act"  to  provide  emergency
   assistance  for  rent  or  mortgage  arrears  or  other  fees  for the
   prevention of eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "shelter arrears eviction forestallment act".
   § 2. The social services law is amended by adding a new section 131-cc
 to read as follows:
   § 131-CC. SHELTER ARREARS EVICTION FORESTALLMENT PROGRAM. 1. (A) WITH-
 IN AMOUNTS APPROPRIATED THEREFOR, THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE SHALL ESTABLISH THE SHELTER  ARREARS  EVICTION  FORESTALLMENT
 PROGRAM  TO  PROVIDE  EMERGENCY  ASSISTANCE  FOR  RENT  ARREARS  FOR THE
 PREVENTION OF EVICTION DUE TO NONPAYMENT OF RENT  OR  MORTGAGE  ARREARS,
 HOMEOWNERS'  ASSOCIATION  FEES, LEGAL FEES, OR LATE FEES IF AN APPLICANT
 CAN ESTABLISH THAT SUCH EXPENSES ARE NECESSARY TO RETAIN THEIR  HOUSING.
 FUNDS  SHALL BE ALLOCATED TO SOCIAL SERVICES DISTRICTS WITH A POPULATION
 OF FIVE MILLION OR FEWER, FOR  SERVICES  AND  EXPENSES  RELATED  TO  THE
 PAYMENT  OF  RENT  ARREARS NECESSARY TO RETAIN HOUSING AND TO HOUSEHOLDS
 THAT ARE IN RECEIPT OF OR WHO WOULD BE ELIGIBLE FOR ONGOING OR EMERGENCY
 PUBLIC ASSISTANCE PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A  OF  THIS
 TITLE  BUT  HAVE  EXHAUSTED  THE  ALLOWABLE  FREQUENCY  OF SUCH PAYMENTS
 THROUGH THE EMERGENCY SAFETY NET ASSISTANCE OR EMERGENCY  ASSISTANCE  TO
 FAMILIES  PROGRAMS.    EACH  SOCIAL SERVICES DISTRICT TO WHICH FUNDS ARE
 ALLOCATED PURSUANT TO THIS SECTION SHALL USE BEST EFFORTS TO  MAKE  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08817-03-5
              
             
                          
                 S. 4446--A                          2
 
 FUNDS  AVAILABLE  TO  HOUSEHOLDS  FOR  THE  PURPOSES  SET  FORTH IN THIS
 SECTION.
   (B)  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ALLOCATE
 FUNDING TO SOCIAL SERVICES DISTRICTS WITH A POPULATION OF  FIVE  MILLION
 OR  FEWER,  WITH  A METHODOLOGY THAT SHALL CONSIDER THE RATE OF EVICTION
 FILINGS AND OTHER INDICATORS OF NEED AS  DETERMINED  BY  THE  OFFICE  OF
 TEMPORARY AND DISABILITY ASSISTANCE.
   (C)  THE  OFFICE  SHALL  ESTABLISH RULES FOR THE ADMINISTRATION OF THE
 PROGRAM, INCLUDING BUT NOT LIMITED TO:
   (I) REQUIRING PAYMENTS SHALL NOT EXCEED  A  TOTAL  OF  SIX  MONTHS  OF
 ARREARS  IN  ADDITION  TO PAYMENTS PREVIOUSLY MADE THROUGH THE EMERGENCY
 SAFETY NET ASSISTANCE OR EMERGENCY ASSISTANCE TO FAMILIES PROGRAMS;
   (II) PROVIDING THAT SUCH PAYMENTS SHALL NOT BE LIMITED BY THE  SHELTER
 ALLOWANCE  AMOUNT  SET FORTH IN SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
 TITLE AND SHALL NOT BE PART OF THE STANDARD OF  NEED  PURSUANT  TO  SUCH
 SECTION;
   (III)  PROVIDING  THAT  FUNDING ALLOCATED TO SOCIAL SERVICES DISTRICTS
 PURSUANT TO THIS SECTION SHALL NOT REPLACE OR REDUCE ANY OTHER EMERGENCY
 ASSISTANCE ALLOCATIONS SUCH DISTRICTS WOULD OTHERWISE RECEIVE;
   (IV) REQUIRING PROGRAM PAYMENTS BE MADE DIRECTLY TO  THE  LANDLORD  OR
 PROPERTY  OWNER  ON  BEHALF OF A TENANT. TENANTS, LANDLORDS AND PROPERTY
 MANAGERS SHALL BE NOTIFIED OF ANY ASSISTANCE PROVIDED UNDER THE PROGRAM;
   (V) PROVIDING THAT PROGRAM PAYMENTS MAY BE ISSUED  TO  HOUSEHOLDS  WHO
 ARE  UNABLE  TO  REASONABLY DEMONSTRATE AN ABILITY TO PAY FUTURE SHELTER
 EXPENSES;
   (VI) PROVIDING THAT DISTRICTS MAY ESTABLISH LOCAL  CRITERIA  REGARDING
 THE  USE  OF  THEIR ALLOCATIONS AND WILL MAINTAIN RESPONSIBILITY FOR NOT
 EXCEEDING THEIR ALLOCATION ISSUED PURSUANT TO THIS SECTION; AND
   (VII) PROVIDING THAT DISTRICTS MAY  ELECT  TO  DELEGATE  THE  ADMINIS-
 TRATION  OF THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION, IN FULL OR
 IN PART, TO ANOTHER PUBLIC AGENCY, CONTRACTOR  OR  NON-PROFIT  ORGANIZA-
 TION.
   2.  IN  A  FORM  AND  MANNER PRESCRIBED BY THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, SOCIAL SERVICES DISTRICTS WITH  A  POPULATION  OF
 FIVE  MILLION OR FEWER SHALL SUBMIT ANNUAL REPORTS TO THE OFFICE INCLUD-
 ING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
   (A) THE CRITERIA USED BY SUCH SOCIAL SERVICES  DISTRICT  TO  DETERMINE
 PROGRAM ELIGIBILITY;
   (B) THE DOLLAR VALUE OF ARREARS ISSUED UNDER THE PROGRAM; AND
   (C)  BASIC  DEMOGRAPHIC INFORMATION ON THE HOUSEHOLDS SERVED INCLUDING
 BUT NOT LIMITED TO THE:
   (I) NUMBER OF HOUSEHOLDS SERVED;
   (II) NUMBER OF HOUSEHOLDS SERVED FOR MULTIPLE PERIODS;
   (III) NUMBER AND PERCENTAGE OF HOUSEHOLDS WITH AND WITHOUT CHILDREN;
   (IV) NUMBER AND PERCENTAGE OF HOUSEHOLDS WITH AN OPEN  PUBLIC  ASSIST-
 ANCE (PA) CASE;
   (V) AGE DISTRIBUTION OF THE PRIMARY TENANT;
   (VI) DISTRIBUTION OF THE NUMBER OF CHILDREN;
   (VII) DISTRIBUTION OF TOTAL PAYMENT AMOUNT; AND
   (VIII) DISTRIBUTION OF RACE AND ETHNICITY.
   3.  THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE SHALL SUBMIT A
 REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,  AND  THE
 SPEAKER  OF  THE  ASSEMBLY BY THE THIRTY-FIRST OF DECEMBER OF EACH YEAR.
 SUCH REPORT SHALL COVER THE TWELVE-MONTH PERIOD ENDING ON THE  THIRTIETH
 OF  SEPTEMBER IMMEDIATELY PRECEDING THE DATE THE REPORT IS DUE AND SHALL
 INCLUDE BUT NOT BE LIMITED TO  THE  INFORMATION  SUBMITTED  PURSUANT  TO
 S. 4446--A                          3
 
 SUBDIVISION  TWO OF THIS SECTION, IN THE AGGREGATE FOR THE STATE AND FOR
 EACH COUNTY.
   § 3. This act shall take effect immediately.