A10522 Summary:

BILL NOA10522
 
SAME ASSAME AS S08419
 
SPONSORRules (Cymbrowitz)
 
COSPNSRFahy, Weprin, Ortiz, Mosley, Lentol, Bichotte, Fall, Bronson, Nolan, Rodriguez, Jacobson, Weinstein, Perry, Otis, Dickens, Gantt
 
MLTSPNSR
 
 
Enacts the "emergency rent relief act of 2020" to establish an interim residential rent relief program.
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A10522 Actions:

BILL NOA10522
 
05/25/2020referred to housing
05/28/2020reference changed to ways and means
05/28/2020reported referred to rules
05/28/2020reported
05/28/2020rules report cal.58
05/28/2020ordered to third reading rules cal.58
05/28/2020ruling of chair on point of order
05/28/2020substituted by s8419
 S08419 AMEND= KAVANAGH
 05/25/2020REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
 05/26/2020REPORTED AND COMMITTED TO FINANCE
 05/26/2020REPORTED AND COMMITTED TO RULES
 05/27/2020ORDERED TO THIRD READING CAL.670
 05/28/2020PASSED SENATE
 05/28/2020DELIVERED TO ASSEMBLY
 05/28/2020referred to ways and means
 05/28/2020substituted for a10522
 05/28/2020ordered to third reading rules cal.58
 05/28/2020passed assembly
 05/28/2020returned to senate
 06/05/2020DELIVERED TO GOVERNOR
 06/17/2020SIGNED CHAP.125
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A10522 Committee Votes:

RULES Chair:Heastie DATE:05/28/2020AYE/NAY:29/0 Action: Favorable
HeastieAyeBarclayAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedHawleyAye
NolanAyeGiglioAye
WeinsteinAyeMalliotakisAye
OrtizAyeBlankenbushAye
PretlowAyeNorrisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye

WAYS AND MEANS Chair:Weinstein DATE:05/28/2020AYE/NAY:31/1 Action: Favorable refer to committee Rules Correction Date:05/28/2020
WeinsteinAyeRaAye
LentolAyeCrouchAye
SchimmingerExcusedFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanAyeMontesanoAye
PretlowAyeBlankenbushAye
PerryAyePalmesanoAye
ColtonAyeNorrisAye
CookAyeBrabenecAye
CahillAye
AubryAye
CusickAye
OrtizExcused
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasNay
DinowitzAye
MillerAye
JoynerAye

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A10522 Floor Votes:

DATE:05/28/2020MOTION:FITZPATRICK; To appeal decision of the chair YEA/NAY: 98/45
AbbateYCrespoYGalefYLiftonYPeoples-StokesYSmithNO
AbinantiYCrouchNOGanttERLiPetriNOPerryYSmullenNO
ArroyoERCruzYGarbarinoNOLupardoYPheffer AmatoYSolagesY
AshbyNOCusickYGiglioNOMagnarelliYPichardoYStecNO
AubryYCymbrowitzYGlickYMalliotakisNOPretlowYSteckY
BarclayNODarlingYGoodellNOManktelowNOQuartYSternY
BarnwellYDavilaYGottfriedYMcDonaldYRaNOStirpeY
BarrettYDe La RosaYGriffinYMcDonoughNORamosYTagueNO
BarronYDenDekkerYGuntherNOMcMahonYReillyNOTaylorY
BenedettoYDeStefanoNOHawleyNOMikulinNOReyesYThieleY
BichotteYDickensYHevesiYMill B NORichardsonYVanelY
BlakeYDilanYHunterYMill MGYRiveraYWalczykNO
BlankenbushNODinowitzYHyndmanYMill MLNORodriguezYWalkerY
BrabenecNODiPietroNOJacobsonYMontesanoNORose D YWallaceY
BraunsteinYD'UrsoYJaffeeYMorinelloNORose L YWalshNO
BronsonYEichensteinNOJean-PierreYMosleyYRozicYWeinsteinY
BuchwaldYEnglebrightYJohnsNONiouYRyanYWeprinY
BurkeYEpsteinYJonesYNolanYSalkaNOWilliamsY
ButtenschonNOFahyYJoynerYNorrisNOSantabarbaraNOWoernerY
ByrneNOFallYKimYO'DonnellYSayeghYWrightY
ByrnesNOFernandezYKolbNOOrtizYSchimmingerERZebrowskiY
CahillYFinchERLalorNOOtisYSchmittNOMr SpkrY
CarrollYFitzpatrickNOLavineYPalmesanoNOSeawrightY
ColtonYFriendNOLawrenceNOPalumboNOSimonY
CookYFrontusYLentolYPaulinYSimotasY

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A10522 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10522
 
SPONSOR: Rules (Cymbrowitz)
  TITLE OF BILL: An act in relation to enacting the "emergency rent relief act of 2020" to establish an interim residential rent relief program; and to provide for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to support rental households impacted by the COVID-19 pandemic.   SUMMARY OF PROVISIONS: This bill would direct the commissioner of New York State Homes & Commu- nity Renewal (HCR) to establish a short-term rental assistance program available to rental households whose primary residence is in the state of New York with an income below 80% of the area median income (AMI) and a rent burden or amount of rent due over 30% of income both prior to March 7, 2020 and at the time of application. The bill provides that assistance shall be made available for rental payments due between April 1, 2020 and July 31, 2020. The bill provides that up to $100 million shall be made available for this program, and the commissioner of HCR is directed to establish pref- erences to prioritize households with the greatest economic and social need, with factors such as income, rent burden, percentage of income loss and risk of homelessness being considered. The commissioner is also directed to produce a report on the monthly expenditures made pursuant to this act, including recipient demographic data, regional data, and details on subsidy values, by October 31, 2020.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Many families that were already rent burdened, or paying more than 30% of their income toward rent, before the COVID-19 pandemic are now expe- riencing a loss of income and a corresponding increase in rent burden -putting them at risk of nonpayment, eviction and homelessness, and their property owners at risk of falling behind on essential mortgage, tax, insurance and maintenance payments. This legislation would provide interim relief to renters struggling in the wake of COVID-19, helping to mitigate the pandemic's negative effects on our State's tenants.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Up to $100,000,000 of monies that have been allocated to the State of New York by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 shall be made available for this program.   EFFECTIVE DATE: Immediate.
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A10522 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10522
 
                   IN ASSEMBLY
 
                                      May 25, 2020
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
          -- read once and referred to the Committee on Housing
 
        AN ACT in relation to enacting the "emergency rent relief act  of  2020"
          to  establish  an  interim  residential  rent  relief  program; and to
          provide for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "emergency rent relief act of 2020".
     3    § 2. 1. For the purposes of this act:
     4    a. "Coverage period" shall mean April 1, 2020 through July 31, 2020.
     5    b. "Eligible household" shall mean a  household  (i)  with  an  income
     6  below 80 percent of the area median income, as adjusted for family size,
     7  both  prior to March 7, 2020 and at the time of application; (ii) with a
     8  rent burden both prior to March 7, 2020 and at the time of  application;
     9  and (iii) has lost income during the coverage period.
    10    c.  "Income"  shall mean income from all sources of each member of the
    11  household, including all wages, tips, overtime, salary, recurring gifts,
    12  returns on investments, welfare assistance,  social  security  payments,
    13  child  support  payments, unemployment benefits, any benefit, payment or
    14  cash grant whose purpose is to assist with rental payments, any payments
    15  whose purpose is to replace lost income, and any other government  bene-
    16  fit  or  cash  grant.  The  term "income" shall not include:  employment
    17  income from children under eighteen years of age, employment income from
    18  children eighteen years of age or  older  who  are  full-time  students,
    19  foster  care payments, sporadic gifts, groceries provided by persons not
    20  living in the household, supplemental nutrition assistance program bene-
    21  fits, earned income disallowance, or the earned income tax credit.
    22    d. "Fair market rent" shall mean the fair market rent for each  rental
    23  area  as promulgated annually by the United States department of housing
    24  and urban development's office of policy development and research pursu-
    25  ant to 42 USC 1437f.
    26    e. "Rent burden" shall mean the amount  of  a  contract  monthly  rent
    27  which is more than 30 percent of the household income.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16519-03-0

        A. 10522                            2
 
     1    2. The commissioner of housing and community renewal is hereby author-
     2  ized and directed to establish and implement an interim residential rent
     3  relief program to support households impacted by the COVID-19 pandemic.
     4    3.  Such  program  shall be provided up to $100,000,000 of monies that
     5  have been allocated to the state of New York by the federal  Coronavirus
     6  Aid,  Relief,  and  Economic Security (CARES) Act of 2020 (P.L. 116-136)
     7  that have not otherwise been obligated, to provide rental assistance  to
     8  eligible  households  for  their  primary  residence in the state of New
     9  York.
    10    4. A rental subsidy shall be provided in the form of a voucher  to  be
    11  provided  directly  to  the  owner  of  the dwelling unit for applicants
    12  determined to be eligible households during the coverage  period  in  an
    13  amount  equal  to  the difference between the applicant's rent burden on
    14  March 1, 2020 and their rent burden during the month or  months  assist-
    15  ance  is requested for.  Such subsidy shall be limited to 125 percent of
    16  the fair market rent.
    17    5. Applicants shall not be expected or required to repay  any  assist-
    18  ance  granted  through  this  program  unless otherwise required by law.
    19  Assistance shall not be considered income for purposes of  public  bene-
    20  fits or other public assistance. There shall be no requirement on appli-
    21  cants  to  seek  assistance  from  other  sources,  including charitable
    22  contributions, for eligibility.
    23    6. The commissioner of housing and community renewal may delegate  the
    24  administration  of  portions of this program to any state, county, city,
    25  town, or public housing agency or any non-profit organization as  neces-
    26  sary to implement such program.
    27    7.  The  commissioner of housing and community renewal shall establish
    28  preferences prioritizing  households  with  the  greatest  economic  and
    29  social  need  in  processing applications for this program. Such prefer-
    30  ences shall account for, at a minimum:
    31    a. the historical income level of the household as it relates to  area
    32  median income;
    33    b. the rent burden of the household;
    34    c. the percentage income lost for the household; and
    35    d. the risk of homelessness or eviction.
    36    8.  The  commissioner  of  housing  and community renewal shall, on or
    37  before, October thirty-first two thousand twenty submit and make public-
    38  ly available a report to the governor, the temporary  president  of  the
    39  senate,  the speaker of the assembly, and on its website, on the monthly
    40  expenditures made pursuant to this act including  recipient  demographic
    41  data, regional data, and details on subsidy values.
    42    §  3. This act shall take effect immediately and shall expire July 31,
    43  2021, when upon such date the provisions of this  act  shall  be  deemed
    44  repealed.
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