Establishes a COVID-19 emergency rental assistance program; implements a program of rental assistance in the form of emergency vouchers for eligible individuals, families or households; defines terms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10248B
SPONSOR: Cymbrowitz
 
TITLE OF BILL:
An act to amend the public housing law, in relation to establishing a
COVID-19 emergency rental assistance program
 
PURPOSE:
To provide emergency rental assistance to tenants suffering a substan-
tial loss of income during the outbreak of the novel coronavirus of
2019.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the public housing law by adding a new
Article 14 to provide for a COVID-19 Emergency Rental Assistance
Program.
Section 600 of the new Article sets forth legislative findings.
Section 601 defines terms.
Section 602 authorizes the issuance of emergency rental assistance
pursuant to the provisions of the new Article as soon as practicable,
subject to appropriation. This section allows the Commissioner of DHCR
to delegate portions of the program's administration to other agencies,
counties, cities, towns, and non-profit organizations, and allows the
Commissioner to provide support to any of the aforementioned entities in
order to assist them with the allocation of any federal funding they may
have been received for emergency rental assistance.
Section 603 limits eligibility for the program to rent burdened tenants
who currently earn below 120% of the area median income adjusted for
family size, who, during the covered period, suffered substantial finan-
cial hardship, have qualified for unemployment insurance benefits, or
are homeless or at risk of being homeless during the period or within
ninety days after. A tenant's rental obligation must exceed 30% of their
current adjusted income to receive any rental assistance under this
section. Rental assistance under this section will cover both rent due
and arrears for the greater of six months or the covered period. Up to
two years of rental assistance will also be available under this section
to individuals and families who are homeless during the covered period
or 90 days thereafter. The DHCR Commissioner shall prioritize households
with the greatest social or economic need. The Commissioner shall issue
a preliminary determination of eligibility. Tenants are protected from
being evicted for rental arrears that would be covered under this
section until a determination of ineligibility is made. The commissioner
is directed to resolve any ambiguities in eligibility criteria in favor
of the applicant.
Section 604 provides for payments of emergency vouchers directly to the
landlord, and considers acceptance of such payment to be an agreement by
the landlord to waive late fees and keep rents at the same rate for any
and all months the voucher is accepted as payment. The landlord must
also, at the tenant's request, issue an extension on any lease expiring
during the covered period to last the duration of the covered period
plus sixty days. However, in buildings that have four or fewer units,
the landlord may decline such a request if they plan to immediately
occupy the tenant's dwelling unit as a primary residence for themselves
or an immediate family member.
Section 605 makes the rental obligation for emergency voucher recipients
30% of their new income. When multiple individuals or families are shar-
ing the same unit, their rent obligation is calculated only using the
portion of rent for which each individual or family is responsible.
Section 606 states that the emergency voucher will cover the difference
between the total rent for which the recipient is responsible and 30% of
the recipient's income, except that the rental assistance will cover not
cover the portion of the rent, if any, that is greater than 250% of fair
market rent for the rental area. It also provides for the full payment
of utilities for the eligible time period directly to the utility
provider.
Section 607 provides for verification of income and assets as necessary
to administer the program.
Section 608 provides guidance on the housing assistance payment
contracts entered into for units rented under this section by homeless
individuals and families, and prevents landlords from terminating these
tenants without good cause and prior written notice. DHCR will assist
voucher recipients in finding suitable housing at a reasonable rent in
whichever area of the state the recipient requests. This section also
describes what happens to homes when no longer occupied by a participant
receiving rental assistance under this program.
Section 609 sets the standards for and requires the inspection of units
rented under this section by homeless individuals and families, and
allows for recipients to request additional inspections to address a
building owner's noncompliance. The commissioner may waive this section
to the extent necessary to protect public health or expedite implementa-
tion of the program.
Section 610 reinforces that nothing in the program shall abridge any
existing fair housing obligations.
Section 611 requires the Commissioner to report to the governor and the
legislature the details of the program on December 1, 2020 and March 1,
2021.
Section 2 of the bill adds a severability clause. Section 3 of the bill
sets forth the effective date.
 
JUSTIFICATION:
The 2020 outbreak of COVID-19 has touched every part of our economy.
With State and local governments mandating the shuttering or significant
restruction of businesses in the interest of protecting public health,
New York has seen a rapid and unprecedented economic decline. Many New
Yorkers, facing severely reduced or entirely lost wages, are unable to
keep up with rent payments during this time. While amoratorium on
evictions was in place in place through June 20, 2020, the immediate
danger of mass displacement had been averted, but only temporarily. As
the moratorium lapses, many New Yorkers will be vulnerable to losing
their homes. Moreover, the precipitous loss of rental income by property
owners will have an adverse effect on their ability to maintain their
property, pay employees, meet mortgage obligations, and keep up with
property taxes that local governments will need to cover essential
services.
The program provided for in this bill will bring urgent relief to those
whose ability to pay has been diminished or eliminated through no fault
of their own, while encouraging those who can pay at least a portion of
their rent to continue to do so. As an emergency relief measure, the
program would cover both the neediest renters, including homeless New
Yorkers, as well as those in rental homes whose cost would typically
make them ineligible for rental assistance.
Emergency rental assistance will remedy the worst effects of the public
health and economic crisis New York is facing, keep people in their
homes as they get back to work, and stabilize our communities.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The cost of the program will depend on the duration of the business
closures in response to COVID-19, the speed with which New Yorkers are
able to recover from the economic crisis, the availability of other
sources of income, including other sources of emergency relief, such as
enhanced unemployment benefits, and other factors that cannot be
assessed at this time. As emergency housing funds become available
through federal relief legislation or other sources, this bill will
create an effective vehicle for delivering that assistance to where it
is needed most.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10248--B
IN ASSEMBLY
April 8, 2020
___________
Introduced by M. of A. CYMBROWITZ, LENTOL, FAHY, WRIGHT, O'DONNELL,
TAYLOR, McDONALD, CARROLL, WOERNER, SIMON, RAMOS, ORTIZ, JAFFEE, DICK-
ENS, GRIFFIN, GOTTFRIED, WEPRIN, ROZIC, GLICK, SEAWRIGHT, M. G. MILL-
ER, HEVESI, RODRIGUEZ, SIMOTAS, EPSTEIN -- read once and referred to
the Committee on Housing -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public housing law, in relation to establishing a
COVID-19 emergency rental assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new article
2 14 to read as follows:
3 ARTICLE XIV
4 COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM
5 Section 600. Legislative findings.
6 601. Definitions.
7 602. Authority to implement emergency rental assistance.
8 603. Eligibility.
9 604. Payment of emergency vouchers.
10 605. Rental obligation.
11 606. Assistance payment.
12 607. Verification of income and assets.
13 608. Housing assistance payment contracts for units newly rented
14 for homeless individuals and families.
15 609. Inspection of units newly rented for homeless individuals
16 and families.
17 610. Housing obligations.
18 611. Reports by the commissioner.
19 § 600. Legislative findings. The legislature finds that it is in the
20 public interest to ensure that New Yorkers are not rendered homeless or
21 severely financially burdened because of an inability to pay the cost of
22 housing and other necessities due to loss of income related to the wide-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16080-20-0
A. 10248--B 2
1 spread outbreak of the coronavirus commonly known as COVID-19. The
2 legislature further finds that the outbreak of COVID-19 has exacerbated
3 the health risks associated with being homeless and that there is a need
4 for increased funding to provide permanent housing for homeless individ-
5 uals and families as an essential part of the state's efforts to miti-
6 gate the threat of COVID-19 to public health. The legislature further
7 finds that providing funding for individuals, families and households to
8 pay rent that they would otherwise have difficulty paying will promote
9 the stability and proper maintenance of the housing stock and assist
10 communities in recovering from the adverse social and economic effects
11 of the COVID-19 outbreak.
12 § 601. Definitions. For the purposes of this article:
13 1. "Adjusted income" shall mean income minus any deductions allowable
14 at the discretion of the commissioner pursuant to this section.
15 (a) The calculation of income performed at the time of application for
16 such assistance shall consider only income that the individual, family
17 or household is currently receiving at such time and any income recently
18 terminated shall not be included; (b) the calculation of income
19 performed with respect to individuals, families or households receiving
20 ongoing assistance three months after initial receipt of assistance
21 shall consider only the income that the household is receiving at the
22 time of such review; and (c) the calculation of income performed with
23 respect to individuals, families or households receiving assistance for
24 arrearages shall consider only the income that the individual, family or
25 household was receiving at the time such arrearages were incurred.
26 2. "At risk of homelessness" shall mean, with respect to an individ-
27 ual, family, or household, that the individual, family, or household (a)
28 has an income below one hundred twenty percent of the median income for
29 the area as determined by the United States secretary of housing and
30 urban development; and
31 (b) has an inability to attain or maintain housing stability or has
32 insufficient resources to pay for rent or utilities due to financial
33 hardships.
34 3. "Covered period" means March seventh, two thousand twenty until the
35 date on which none of the provisions that closed or otherwise restricted
36 public or private businesses or places of public accommodation, or
37 required postponement or cancellation of all non-essential gatherings of
38 individuals of any size for any reason in executive order numbers 202.3,
39 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of
40 two thousand twenty, as extended by executive order numbers 202.28 and
41 202.31 and as further extended by any future executive order, issued in
42 response to the COVID-19 pandemic continue to apply in the county of the
43 individual, family, or household's residence.
44 4. "Fair market rent" shall mean the fair market rent for each rental
45 area as promulgated annually by the United States department of housing
46 and urban development's office of policy development and research pursu-
47 ant to 42 USC 1437f.
48 5. (a) "Family" shall mean a group of persons living in the same
49 household who:
50 (i) are related by birth, marriage, or adoption. This group includes,
51 but is not limited to a family with or without children (a child who is
52 temporarily away from the home because of placement in foster care is
53 considered a member of the family), an elderly family, a near-elderly
54 family, a disabled family, a displaced family, or the remaining member
55 of a tenant family; or
A. 10248--B 3
1 (ii) are two or more individuals who are not related by blood,
2 marriage, adoption, or other operation of law, but who can demonstrate
3 that they have lived together previously and certify that each individ-
4 ual's income and other resources will be available to meet the needs of
5 the family.
6 (b) Each family shall identify the individuals to be included in the
7 family at the time of application, and shall update this information if
8 the family's composition changes.
9 (c) The commissioner shall have the discretion to determine if any
10 other group of persons qualifies as a family.
11 6. (a) "Homeless" shall mean:
12 (i) an individual or family who lacks a fixed, regular, and adequate
13 nighttime residence;
14 (ii) an individual or family with a primary nighttime residence that
15 is a public or private place not designed for or ordinarily used as a
16 regular sleeping accommodation for human beings, including a car, park,
17 abandoned building, bus or train station, airport, or camping ground;
18 (iii) an individual or family living in a supervised publicly or
19 privately operated shelter designated to provide temporary living
20 arrangements, including hotels and motels paid for by Federal, State, or
21 local government programs for low-income individuals or by charitable
22 organizations, congregate shelters, and transitional housing;
23 (iv) an individual who resided in a shelter or place not meant for
24 human habitation and who is exiting an institution where he or she
25 temporarily resided;
26 (v) an individual or family who:
27 (1) will imminently lose their housing, including housing they own,
28 rent, or live in without paying rent, are sharing with others, and rooms
29 in hotels or motels not paid for by Federal, State, or local government
30 programs for low-income individuals or by charitable organizations, as
31 evidenced by:
32 (A) a court order resulting from an eviction action that notifies the
33 individual or family that they must leave within fourteen days;
34 (B) the individual or family having a primary nighttime residence that
35 is a room in a hotel or motel and where they lack the resources neces-
36 sary to reside there for more than fourteen days; or
37 (C) credible evidence indicating that the owner or renter of the hous-
38 ing will not allow the individual or family to stay for more than four-
39 teen days, and any oral statement from an individual or family seeking
40 homeless assistance that is found to be credible shall be considered
41 credible evidence for purposes of this clause;
42 (2) has no subsequent residence identified; and
43 (3) lacks the resources or support networks needed to obtain other
44 permanent housing; and
45 (vi) unaccompanied youth and homeless families with children and youth
46 defined as homeless under other Federal statutes who:
47 (1) have experienced a long term period without living independently
48 in permanent housing;
49 (2) have experienced persistent instability as measured by frequent
50 moves over such period; and
51 (3) can be expected to continue in such status for an extended period
52 of time because of chronic disabilities, chronic physical health or
53 mental health conditions, substance addiction, histories of domestic
54 violence or childhood abuse, the presence of a child or youth with a
55 disability, or multiple barriers to employment.
A. 10248--B 4
1 (b) Notwithstanding any other provision of this section, the commis-
2 sioner shall consider to be homeless any individual or family who is
3 fleeing, or is attempting to flee, domestic violence, dating violence,
4 sexual assault, stalking, or other dangerous or life-threatening condi-
5 tions in the individual's or family's current housing situation, includ-
6 ing where the health and safety of children are jeopardized, and who
7 have no other residence and lack the resources or support networks to
8 obtain other permanent housing.
9 7. "Income" shall mean income from all sources of each member of the
10 family or household, including all wages, tips, over-time, salary,
11 recurring gifts, returns on investments, welfare assistance, social
12 security payments, child support payments, unemployment benefits, any
13 benefit, payment or cash grant whose purpose is to assist with rental
14 payments, any payments whose purpose is to replace lost income, and any
15 other government benefit or cash grant. The term "income" shall not
16 include: employment income from children under eighteen years of age,
17 employment income from children eighteen years of age or older who are
18 full-time students, foster care payments, sporadic gifts, groceries
19 provided by persons not living in the household, supplemental nutrition
20 assistance program benefits, earned income disregard, or the earned
21 income tax credit.
22 8. "Manufactured home tenant" shall have the same meaning as defined
23 by section two hundred thirty-three of the real property law.
24 9. "Occupant" shall have the same meaning as defined in section two
25 hundred thirty-five-f of the real property law.
26 10. "Public housing agency" shall mean any county, municipality, or
27 other governmental entity or public body that is authorized to adminis-
28 ter any public housing program, or an agency or instrumentality of such
29 an entity, and any other public or private non-profit entity that admin-
30 isters any other public housing program or assistance.
31 11. "Rent" shall mean rent as defined by section seven hundred two of
32 the real property actions and proceedings law and subject to proceedings
33 under article seven of the real property actions and proceedings law,
34 including statutory rents and maintenance fees paid pursuant to a
35 proprietary lease on a co-operative dwelling unit.
36 § 602. Authority to implement emergency rental assistance. 1. The
37 commissioner, as soon as practicable and subject to the appropriation of
38 funds for this purpose, shall implement a program of rental assistance
39 in the form of emergency vouchers for those eligible pursuant to section
40 six hundred three of this article. The commissioner may delegate the
41 administration of portions of this program to any state agency, public
42 housing agency, city, county, town, or non-profit organization in
43 accordance with the provisions of this article. The commissioner shall
44 delegate the administration of this program for the city of New York to
45 a public housing agency or agencies operating solely in the city of New
46 York. Any state agency, public housing agency, city, county, town, or
47 non-profit organization delegated to administer this program shall
48 receive an administrative fee to cover the costs of administration. The
49 commissioner may provide technical or administrative support to assist
50 any state agency, public housing agency, city, county, town, or non-pro-
51 fit organization to provide emergency rental assistance related to the
52 outbreak of COVID-19 with funding allocated by the federal government to
53 such public housing agency, city, county, or town, or non-profit organ-
54 ization.
55 2. Pursuant to 8 U.S.C. 1621(d), any individual, family, or household
56 who would be eligible but for 8 U.S.C. 1621(a) for state or local bene-
A. 10248--B 5
1 fits for emergency rental assistance shall be eligible for such benefits
2 during the covered period, and for a period of up to two years if such
3 individual, family, or household becomes eligible for such benefits due
4 to homelessness.
5 § 603. Eligibility. The commissioner shall promulgate standards for
6 determining eligibility for this program.
7 1. An individual, family or household shall be eligible for this
8 program if:
9 (a) the individual, family, or household is a tenant or occupant in
10 their primary residence in the state of New York, including both tenants
11 and occupants of dwelling units and manufactured home tenants and
12 proprietary leaseholders of co-operative dwelling units, their monthly
13 rent obligation is greater than thirty percent of their current monthly
14 adjusted income, their current monthly adjusted income is less than one
15 hundred twenty percent of the area median income as adjusted for family
16 size, and during the covered period:
17 (i) the individual, family, or household suffered a financial hardship
18 due to loss of income, as determined in a manner prescribed by the
19 commissioner in consultation with the department of taxation and
20 finance; or
21 (ii) an individual or member of the family or household became unem-
22 ployed, and qualified for unemployment;
23 (b) the individual, family, or household is at risk of homelessness
24 during the covered period or within ninety days after the covered peri-
25 od; or
26 (c) the individual, family, or household is homeless during the
27 covered period or within ninety days after the covered period.
28 2. In addition to the eligibility criteria in subdivision one of this
29 section, the commissioner may promulgate limits on assets as part of any
30 determination of eligibility for this program.
31 3. An individual or family in receipt of rental assistance under this
32 program shall no longer be financially eligible for assistance when:
33 (a) the individual's, family's or household's monthly income has been
34 restored to an amount equal to or greater than the individual's, fami-
35 ly's or household's income prior to the loss referenced in subparagraph
36 (i) of paragraph (a) of subdivision one of this section;
37 (b) the individual's, family's, or household's monthly rent obligation
38 is no longer greater than thirty percent of their monthly adjusted
39 income;
40 (c) the individual, family, or household has received rental assist-
41 ance for the greater of six months or the duration of the covered peri-
42 od. However, those individuals, families or households who receive
43 assistance pursuant to paragraph (c) of subdivision one of this section
44 shall be eligible until they have received two years of rental assist-
45 ance.
46 4. Any individual, family or household in receipt of rental assistance
47 under this program shall be obligated to report all changes of ten
48 percent or more of their monthly income while participating in the
49 program in order to maintain eligibility.
50 5. The commissioner shall establish preferences prioritizing individ-
51 uals, families or households with the greatest economic and social need
52 in processing applications for this program. Such preferences shall
53 account for at a minimum:
54 (a) the historical income level of the individual, family or household
55 as it relates to the area median income;
A. 10248--B 6
1 (b) the current adjusted income of the individual, family, or house-
2 hold as it relates to the area median income;
3 (c) the rent burden of the individual, family or household;
4 (d) the percentage of income lost by the individual, family or house-
5 hold;
6 (e) the individual or a member of the family or household's status as
7 a victim of domestic violence; and
8 (f) whether the individual, family or household was homeless or at
9 risk of homelessness during the covered period or within ninety days
10 after the covered period.
11 6. The commissioner shall promulgate standards by which any entity
12 designated to administer this program pursuant to subdivision one of
13 section six hundred two of this article shall issue a preliminary deter-
14 mination of eligibility upon initial receipt of the application, if it
15 is practicable to do so without unduly impeding implementation of the
16 program. Any such preliminary determination shall not be binding on the
17 commissioner or any entity designated to administer this program and
18 shall not excuse any existing statutory or contractual obligations of
19 the landlord or the applicant individual, family, or household.
20 7. Eviction proceedings for rental arrears that would be eligible for
21 coverage under this program cannot be commenced against an individual,
22 family or household who has applied for this program unless or until a
23 determination of ineligibility is made. If eviction proceedings are
24 commenced against an individual, family or household who subsequently
25 applies for benefits under this program, all proceedings for missed rent
26 payments during the covered period shall be stayed until a determination
27 of ineligibility has been made.
28 8. Any ambiguity in eligibility criteria promulgated by the commis-
29 sioner shall be resolved in favor of the applicant when determining
30 eligibility.
31 9. Any information collected about an individual, family or household
32 in the process of determining eligibility shall solely be used for the
33 purposes of determining eligibility and shall not be shared with any
34 other governmental agency.
35 10. An individual, family or household shall not be eligible for this
36 program if they live in housing owned or managed by a public housing
37 authority or receive rental assistance from a program in which their
38 rental obligation is adjusted to be no greater than thirty percent of
39 their income when their income decreases.
40 11. An individual full-time college student or family or household
41 consisting exclusively of full-time college students is ineligible for
42 this program unless each individual in the family or household satisfies
43 the following conditions:
44 (a) the individual shall have established a household separate from
45 his or her parents or legal guardians for at least one year prior to
46 application for admission or shall meet the United States department of
47 education's definition of independent student; and
48 (b) the individual shall not be claimed as a dependent by his or her
49 parents or legal guardians pursuant to internal revenue service (IRS)
50 regulations.
51 12. Applicants shall not be expected or required to repay any assist-
52 ance granted through this program unless otherwise required by law.
53 Assistance shall not be considered income for purposes of public bene-
54 fits or other public assistance. There shall be no requirement on appli-
55 cants to seek assistance from other sources, including charitable
56 contributions, for eligibility.
A. 10248--B 7
1 § 604. Payment of emergency vouchers. 1. The emergency voucher shall
2 be paid directly to the owner of the dwelling unit or manufactured home
3 park occupied by the voucher recipient for rent due from the voucher
4 recipient and any rental arrears owed that were not paid for which the
5 recipient would otherwise have been eligible pursuant to section six
6 hundred three of this article. Any arrears payment shall be equal to
7 the amount for which the recipient would have been eligible as deter-
8 mined by section six hundred six of this article.
9 2. Acceptance of vouchers as payment for rent due or rental arrears
10 shall constitute agreement by the recipient:
11 (a) to waive any late fees due on any rental arrears;
12 (b) to keep constant the monthly rent due for the dwelling unit such
13 that it shall remain the amount that was due at the time of application
14 to the program for any and all months for which the voucher is accepted
15 as payment; and
16 (c) at the option of the tenant, to extend any lease or rental agree-
17 ment for the use and occupancy of the applicable dwelling unit that
18 expired or is due to expire during the covered period or sixty days
19 following the expiration of the covered period to a date at least sixty
20 days from the expiration of the covered period under the terms of the
21 lease or rental agreement existing prior to the expiration of the lease
22 or rental agreement. Where the dwelling unit that is the subject of the
23 lease or rental agreement contains four or fewer units, the landlord may
24 decline to extend the lease or tenancy if the landlord intends to imme-
25 diately occupy the unit for the landlord's personal use or the use of an
26 immediate family member as a primary residence.
27 § 605. Rental obligation. 1. The monthly rental obligation of each
28 recipient shall be thirty percent of the monthly adjusted income of the
29 individual, family, or household.
30 2. If an individual, family or household shares a dwelling or manufac-
31 tured home with one or more individuals who are not part of their family
32 or household, the monthly rental obligation of the individual, family or
33 household shall be calculated using the portion of the individual, fami-
34 ly's or household's rent for which they are responsible rather than the
35 entire rent for the shared dwelling unit or manufactured home.
36 § 606. Assistance payment. 1. The amount of the monthly rental assist-
37 ance payment with respect to any dwelling unit or manufactured home
38 shall be the difference between the monthly contractual or statutory
39 rent for the unit or home and and thirty percent of the individual,
40 family or household's adjusted income.
41 2. Notwithstanding subdivision one of this section, the maximum
42 monthly assistance payment for the individual, family or household shall
43 be the difference between the rental obligation established in section
44 six hundred five of this article, up to two hundred fifty percent of the
45 fair market rent for the rental area or in accordance to any
46 restrictions that may apply to funding provided for this purpose.
47 3. In addition to any rental assistance payments, the commissioner
48 shall also authorize the full payment of utilities for any recipient
49 individual, family or household for the time period during which the
50 individual, family or household qualifies for rental assistance pursuant
51 to section six hundred three of this article. Any such payments shall be
52 paid directly to the utility provider. For the purposes of this
53 section, utility payments shall encompass all payments the individual,
54 family or household is obligated to pay for gas, electricity, heat,
55 water, sewer, and solid waste disposal services.
A. 10248--B 8
1 § 607. Verification of income and assets. The commissioner shall
2 establish procedures that are appropriate and necessary to assure that
3 information regarding income, and assets to the extent necessary to
4 determine eligibility, provided by individuals, families and households,
5 applying for or receiving assistance under this article is complete and
6 accurate. Verification may include without limitation: paycheck stubs,
7 earning statements, tax records, W-2 forms, written statements from a
8 former or current employer, telephone or in-person contact with a former
9 or current employer, statements or affidavits signed by the applicant,
10 or other methods approved by the commissioner.
11 § 608. Housing assistance payment contracts for units newly rented for
12 homeless individuals and families. 1. A housing assistance payment
13 contract shall be entered into between the relevant agency administering
14 this program and the owner of a dwelling unit when the voucher recipient
15 qualified for the program by being homeless. The housing assistance
16 payment contract entered into pursuant to this section shall establish
17 the maximum monthly rent (including utilities and all maintenance and
18 management charges) the owner is entitled to receive for each dwelling
19 unit with respect to which such assistance payments are to be made. Each
20 housing assistance payment contract entered into by the agency adminis-
21 tering this program and the owner of a dwelling unit shall provide:
22 (a) that the lease between the tenant and the owner shall be for a
23 term of not less than one year;
24 (b) that the dwelling unit owner shall offer leases to tenants
25 assisted under this article that:
26 (i) are in a standard form used in the locality by the dwelling unit
27 owner; and
28 (ii) contain terms and conditions that:
29 (A) are consistent with federal, state, and local law; and
30 (B) apply generally to tenants in the property who are not assisted
31 under this article;
32 (iii) shall provide that during the term of the lease, the owner shall
33 not terminate the tenancy except for serious or repeated violation of
34 the terms and conditions of the lease, for violation of applicable state
35 or local law, or for other good cause; and
36 (iv) shall provide that any termination of tenancy under this section
37 shall be preceded by the provision of written notice by the owner to the
38 tenant specifying the grounds for that action, and any relief shall be
39 consistent with applicable state and local law; and
40 (c) that any unit under an assistance contract originated under this
41 article shall only be occupied by the individual or family designated in
42 said contract and shall be the designated individual or family's primary
43 residence. Contracts shall not be transferable between units and shall
44 not be transferable between recipients. An individual or family may
45 transfer their voucher to a different unit under a new contract pursuant
46 to this article.
47 2. (a) For the homeless, the rent for dwelling units for which a hous-
48 ing assistance payment contract is established under this subdivision
49 shall be reasonable in comparison with rents charged for comparable
50 dwelling units in the private, unassisted local market.
51 (b) An agency administering this program shall, at the request of an
52 individual or family receiving tenant-based assistance under this subdi-
53 vision, assist that individual or family in negotiating a reasonable
54 rent with a dwelling unit owner. "Reasonable rent" shall mean rent not
55 more than the rent charged on comparable units in the private unassisted
56 market and rent charged for comparable unassisted units in the premises.
A. 10248--B 9
1 Such agency shall review the rent for a unit under consideration by the
2 individual or family (and all rent increases for units under lease by
3 such individual or family) to determine whether the rent (or rent
4 increase) requested by the owner is reasonable. If an agency administer-
5 ing this program determines that the rent (or rent increase) for a
6 dwelling unit is not reasonable, the agency shall not make housing
7 assistance payments to the owner under this subdivision with respect to
8 that unit.
9 (c) Each agency administering this program shall make timely payment
10 of any amounts due to a dwelling unit owner under this subdivision. The
11 housing assistance payment contract between the owner and the agency
12 administering this program may provide for penalties for the late
13 payment of amounts due under the contract, which shall be imposed on the
14 agency in accordance with generally accepted practices in the local
15 housing market.
16 3. If an assisted individual or family vacates a dwelling unit for
17 which rental assistance is provided under a housing assistance payment
18 contract before the expiration of the term of the lease for the unit,
19 rental assistance pursuant to such contract may not be provided for the
20 unit after the month during which the unit was vacated.
21 4. Any voucher issued pursuant to this section for a homeless individ-
22 ual or family may be used for housing anywhere in the state. The rele-
23 vant agency administering this program shall inform voucher holders that
24 a voucher may be used anywhere in the state and, to the extent practica-
25 ble, shall assist voucher holders in finding housing in the area of
26 their choice.
27 § 609. Inspection of units newly rented for homeless individuals and
28 families. 1. Initial inspection. (a) In general. For each dwelling unit
29 for which a housing assistance payment contract is established, the
30 agency administering this program shall inspect the unit before any
31 assistance payment is made to determine whether the dwelling unit meets
32 the housing quality standards under subdivision two of this section,
33 except as provided in paragraphs (b) or (c) of this subdivision. Howev-
34 er, the commissioner may waive this inspection requirement to the extent
35 necessary to protect public health or expedite implementation of this
36 program.
37 (b) Correction of non-life-threatening conditions. In the case of any
38 dwelling unit that is determined, pursuant to an inspection under para-
39 graph (a) of this subdivision, not to meet the housing quality standards
40 under subdivision two of this section, assistance payments may be made
41 for the unit, notwithstanding subdivision three of this section, if
42 failure to meet such standards is a result only of non-life-threatening
43 conditions, as such conditions are established by the commissioner. An
44 agency making assistance payments pursuant to this paragraph for a
45 dwelling unit shall, thirty days after the beginning of the period for
46 which such payments are made, withhold any assistance payments for the
47 unit if any deficiency resulting in noncompliance with the housing qual-
48 ity standards has not been corrected by such time. The agency shall
49 recommence assistance payments when such deficiency has been corrected,
50 and may use any payments withheld to make assistance payments relating
51 to the period during which payments were withheld.
52 (c) Use of alternative inspection method for interim period. In the
53 case of any property that within the previous twenty-four months has met
54 the requirements of an inspection that qualifies as an alternative
55 inspection method pursuant to subdivision four of this section, an agen-
56 cy administering this program may authorize occupancy before the
A. 10248--B 10
1 inspection under paragraph (a) of this subdivision has been completed,
2 and may make assistance payments retroactive to the beginning of the
3 lease term after the unit has been determined pursuant to an inspection
4 under paragraph (a) of this subdivision to meet the housing quality
5 standards under subdivision two of this section. This paragraph may not
6 be construed to exempt any dwelling unit from compliance with the
7 requirements of subdivision four of this section.
8 2. Housing quality standards. The housing quality standards under this
9 subdivision are standards for safe and habitable housing established:
10 (a) by the commissioner for purposes of this subdivision; or
11 (b) by local housing codes or by codes adopted by public housing agen-
12 cies that:
13 (i) meet or exceed housing quality standards, except that the commis-
14 sioner may waive the requirement under this subparagraph to significant-
15 ly increase access to affordable housing and to expand housing opportu-
16 nities for individuals or families assisted under this subdivision,
17 except where such waiver could adversely affect the health or safety of
18 individuals or families assisted under this subdivision; and
19 (ii) do not severely restrict housing choice.
20 3. Inspection. The determination required under subdivision one of
21 this section shall be made by the agency administering this program
22 pursuant to an inspection of the dwelling unit conducted before any
23 assistance payment is made for the unit. Inspections of dwelling units
24 under this subdivision shall be made before the expiration of the
25 fifteen day period beginning upon a request by the resident or landlord
26 to the agency or, in the case of any agency that provides assistance
27 under this subdivision on behalf of more than one thousand two hundred
28 fifty individuals and families, before the expiration of a reasonable
29 period beginning upon such request.
30 4. Alternative inspection method. An inspection of a property shall
31 qualify as an alternative inspection method for purposes of this subdi-
32 vision if:
33 (a) the inspection was conducted pursuant to requirements under a
34 federal, state, or local housing program; and
35 (b) pursuant to such inspection, the property was determined to meet
36 the standards or requirements regarding housing quality or safety appli-
37 cable to properties assisted under such program, and, if a non-state
38 standard or requirement was used, the agency administering this program
39 has certified to the commissioner that such standard or requirement
40 provides the same or greater protection to occupants of dwelling units
41 meeting such standard or requirement as would the housing quality stand-
42 ards under subdivision two of this section.
43 5. Interim inspections. Upon notification to the agency administering
44 this program, by an individual or family on whose behalf tenant-based
45 rental assistance is provided under this subdivision or by a government
46 official, that the dwelling unit for which such assistance is provided
47 does not comply with the housing quality standards under subdivision two
48 of this section, the agency shall inspect the dwelling unit:
49 (a) in the case of any condition that is life-threatening, within
50 twenty-four hours after the agency's receipt of such notification,
51 unless waived by the commissioner in extraordinary circumstances; and
52 (b) in the case of any condition that is not life-threatening, within
53 a reasonable time frame, as determined by the commissioner.
54 6. Inspection guidelines. The commissioner shall establish procedural
55 guidelines and performance standards to facilitate inspections of dwell-
56 ing units and conform such inspections with practices utilized in the
A. 10248--B 11
1 private housing market. Such guidelines and standards shall take into
2 consideration variations in local laws and practices of public housing
3 agencies and shall provide flexibility to agencies appropriate to facil-
4 itate efficient provision of assistance under this subdivision.
5 § 610. Housing obligations. Nothing in this section shall lessen or
6 abridge any fair housing obligations promulgated by the federal govern-
7 ment, state, municipalities, localities, or any other applicable juris-
8 diction.
9 § 611. Reports by the commissioner. The commissioner shall, on or
10 before December first, two thousand twenty and on or before March first,
11 two thousand twenty-one submit and make publicly available a report to
12 the governor, the temporary president of the senate, the speaker of the
13 assembly, and on its website, on the number of individuals, families,
14 and households that have applied for assistance, the number of applica-
15 tions accepted, the number of applications rejected, the status of any
16 pending applications, the monthly expenditures made pursuant to this
17 article including recipient demographic data, regional data, and details
18 on assistance payment values.
19 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
20 sion, section or part of this act shall be adjudged by any court of
21 competent jurisdiction to be invalid, such judgment shall not affect,
22 impair, or invalidate the remainder of this act, but shall be confined
23 in its operation to the clause, sentence, paragraph, subdivision,
24 section or part of this act directly involved in the controversy in
25 which such judgment shall have been rendered. It is hereby declared to
26 be the intent of the legislature that this act would have been enacted
27 even if such invalid clause, sentence, paragraph, subdivision, section
28 or part had not been included herein.
29 § 3. This act shall take effect immediately.