NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A735
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to expanding the
age range for eligibility for the rent subsidy payable to a foster child
living independently
PURPOSE OR GENERAL IDEA OF BILL:
This bill will ensure the housing subsidy program is better able to
prevent homelessness and address housing instability for families and
youth aging out of foster care. The bill would increase the upper age
limit of eligibility from 21 to 24, so that youth who age out of foster
care from ages 18-21 can avail themselves of the subsidy for up to 3
years.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (c) of subdivision 5 of section 409-a of
the social services law to increase the age limit of eligibility from 21
to 24.
Section two amends subdivision 7 of section 409-a of the social services
law to increase the age to 24 for youth discharged from foster care.
Section three establishes the effective date.
JUSTIFICATION:
Housing stability and child welfare are inextricably linked. Research
has Shown a higher rate of homelessness among those involved with the
child welfare system than other low-income families, and that housing
can be a barrier to reunification. Homeless families are far more likely
than their non-homeless counterparts to be the focus of a child protec-
tive services (CPS) investigation, to have an open child welfare case,
or to have a child placed in out of home care. Furthermore, as docu-
mented in a recent U.S. Department of Housing and Urban Development
(HUD)report, youth who age out of foster care are at a heightened risk
of homelessness.
In 1988, New York created the child welfare housing subsidy to help
address homelessness and housing instability for families with open
child welfare cases and youth aging out of foster care. The goal of the
child welfare housing subsidy program is to stabilize housing situations
and prevent homelessness so as to help prevent foster care placements,
expedite reunification, and help youth aging out of foster care. Thus,
families with open CPS investigations, families receiving preventive
services, families where children are reunifying from foster care, and
youth ages 18-21 have been eligible for the housing subsidy.
The State Fiscal Year 2024 Enacted Budget included investments to
increase the housing subsidy from $300 to $725 per month but did not
include language to increase the age limit for eligibility to capture
youth up to age twenty-four who have been discharged from foster care.
Current child welfare laws enable youth to remain in foster care up to
age 21. For those youth who choose to do this, they are unable.to
receive the housing subsidy, as it has been interpreted to end at age
21. These youth never get the opportunity to avail themselves of the
child welfare housing subsidy, which would otherwise be an important
support for these young adults as they first learn to live on their own,
pay rent, and support themselves. The federal government has recognized
the value of enabling youth to remain in foster• care through age 21
(rather than 18) and in 2008 passed the Fostering Connections to Success
Act, which extended federal reimbursement for foster care up to age 21.
Other states are now beginning to follow New York's lead in this area.
Extending the child welfare housing subsidy through age 24 would be in
line with this practice and best support young people through age 21 and
beyond. In summary, this proposal would go a long way towards helping to
address the homeless crisis and will strengthen and support families
involved with the child welfare system and youth aging out of foster
care.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A. 2525C - Referred to Ways and Means Committee
2021-2022: A. 1777A - Referred to Ways and Means
2019-2020: A. 2303 - Referred to Children and Families
2017-2018: A. 259 - Referred to Ways and Means Committee S. 1291/Avella
- Referred to Finance
2015-2016: A. 7756A - Referred to Children and Families
2014:A. 9806/Camera - Referred to Children and Families
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
735
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI, GONZALEZ-ROJAS, SIMON, SHIMSKY, FORREST,
GIBBS -- read once and referred to the Committee on Children and Fami-
lies
AN ACT to amend the social services law, in relation to expanding the
age range for eligibility for the rent subsidy payable to a foster
child living independently
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 5 of section 409-a of the
2 social services law, as amended by section 1 of part BB of chapter 56 of
3 the laws of 2023, is amended to read as follows:
4 (c) Notwithstanding any other provision of this section, where a
5 social services official determines that a lack of adequate housing is
6 the primary factor preventing the discharge of a child or children from
7 foster care including, but not limited to, children with the goal of
8 discharge to independent living, preventive services shall include, in
9 addition to any other payments or benefits received by the family,
10 special cash grants in the form of rent subsidies, including rent
11 arrears, or any other assistance, sufficient to obtain adequate housing.
12 Such rent subsidies or assistance shall not exceed the sum of seven
13 hundred twenty-five dollars per month, shall not be provided for a peri-
14 od of more than three years, may be provided up to age twenty-four for
15 youth discharged from foster care, and shall be considered a special
16 grant. Nothing in this paragraph shall be construed to limit the ability
17 of those using such rent subsidy to live with roommates. The provisions
18 of this paragraph shall not be construed to limit such official's
19 authority to provide other preventive services.
20 § 2. Subdivision 7 of section 409-a of the social services law, as
21 amended by section 2 of part BB of chapter 56 of the laws of 2023, is
22 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01532-01-5
A. 735 2
1 7. Notwithstanding any other provision of this section, if a social
2 services official determines that a lack of adequate housing is a factor
3 that may cause the entry of a child or children into foster care and the
4 family has at least one service need other than lack of adequate hous-
5 ing, preventive services may include, in addition to any other payments
6 or benefits received by the family, special cash grants in the form of
7 rent subsidies, including rent arrears, or any other assistance, suffi-
8 cient to obtain adequate housing. Such rent subsidies or assistance
9 shall not exceed the sum of seven hundred twenty-five dollars per month,
10 shall not be provided for a period of more than three years, may be
11 provided up to age twenty-four for youth discharged from foster care,
12 and shall be considered a special grant. Nothing in this subdivision
13 shall be construed to limit the ability of those using such rent subsidy
14 to live with roommates. The provisions of this paragraph shall not be
15 construed to limit such official's authority to provide other preventive
16 services.
17 § 3. This act shall take effect immediately.
