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S08419 Summary:

Enacts the "emergency rent relief act of 2020" to establish an interim residential rent relief program.
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S08419 Actions:

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
06/17/2020SIGNED CHAP.125
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S08419 Memo:

Memo not available
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S08419 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      May 25, 2020
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8419                             2
     1    e.  "Rent  burden"  shall  mean  the amount of a contract monthly rent
     2  which is more than 30 percent of the household income.
     3    2. The commissioner of housing and community renewal is hereby author-
     4  ized and directed to establish and implement an interim residential rent
     5  relief program to support households impacted by the COVID-19 pandemic.
     6    3.  Such  program  shall be provided up to $100,000,000 of monies that
     7  have been allocated to the state of New York by the federal  Coronavirus
     8  Aid,  Relief,  and  Economic Security (CARES) Act of 2020 (P.L. 116-136)
     9  that have not otherwise been obligated, to provide rental assistance  to
    10  eligible  households  for  their  primary  residence in the state of New
    11  York.
    12    4. A rental subsidy shall be provided in the form of a voucher  to  be
    13  provided  directly  to  the  owner  of  the dwelling unit for applicants
    14  determined to be eligible households during the coverage  period  in  an
    15  amount  equal  to  the difference between the applicant's rent burden on
    16  March 1, 2020 and their rent burden during the month or  months  assist-
    17  ance  is requested for.  Such subsidy shall be limited to 125 percent of
    18  the fair market rent.
    19    5. Applicants shall not be expected or required to repay  any  assist-
    20  ance  granted  through  this  program  unless otherwise required by law.
    21  Assistance shall not be considered income for purposes of  public  bene-
    22  fits or other public assistance. There shall be no requirement on appli-
    23  cants  to  seek  assistance  from  other  sources,  including charitable
    24  contributions, for eligibility.
    25    6. The commissioner of housing and community renewal may delegate  the
    26  administration  of  portions of this program to any state, county, city,
    27  town, or public housing agency or any non-profit organization as  neces-
    28  sary to implement such program.
    29    7.  The  commissioner of housing and community renewal shall establish
    30  preferences prioritizing  households  with  the  greatest  economic  and
    31  social  need  in  processing applications for this program. Such prefer-
    32  ences shall account for, at a minimum:
    33    a. the historical income level of the household as it relates to  area
    34  median income;
    35    b. the rent burden of the household;
    36    c. the percentage income lost for the household; and
    37    d. the risk of homelessness or eviction.
    38    8.  The  commissioner  of  housing  and community renewal shall, on or
    39  before, October thirty-first two thousand twenty submit and make public-
    40  ly available a report to the governor, the temporary  president  of  the
    41  senate,  the speaker of the assembly, and on its website, on the monthly
    42  expenditures made pursuant to this act including  recipient  demographic
    43  data, regional data, and details on subsidy values.
    44    §  3. This act shall take effect immediately and shall expire July 31,
    45  2021, when upon such date the provisions of this  act  shall  be  deemed
    46  repealed.
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