Relates to providing housing to eligible homeless families and eligible homeless individuals with a disability in certain housing developments; defines terms; requires owners and agents of certain housing developments to fill at least one of every five vacancies in each building with an eligible homeless family or eligible homeless individual with a disability.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A491
SPONSOR: Epstein TITLE OF BILL:
An act to amend the private housing finance law, in relation to provid-
ing housing to eligible homeless families and eligible homeless individ-
uals with a disability in certain housing developments
PURPOSE OR GENERAL IDEA OF BILL:
To provide preference in admission for homeless families and homeless
individuals with a disability in state-supervised family rental housing
developments located in the city of New York and Westchester county.
SUMMARY OF PROVISIONS:
Section 1 amends section 2 of the private housing finance law by adding
new subdivisions 30 and 31 to define "eligible homeless families" and
"eligible homeless individuals with a disability."
Section 2 amends section 31 of the private housing finance law by adding
a new subdivision 7-a to provide preference in admission to homeless
families and homeless individuals with a disability in all state-super-
vised family rental housing developments in the city of New York and
Westchester County. Owners and managing agents are required to fill at
least one in five vacancies with a homeless family or homeless individ-
ual with a disability, provided that no owner/managing agent is not
required to fill more than 5% of a building with homeless families or
homeless individuals with a disability. No more than 40% of state
Section 8 vouchers would be provided to homeless families and homeless
individuals for housing under this subdivisions.
Section 3 amends section 85-a of the private housing finance law by
adding a new subdivision 6-a, which creates the same requirements
described in 7-a of section 31 for all state-supervised family rental
housing developments in the city of New York and Westchester County
constructed pursuant to this article.
Section 4 provides the effective date.
JUSTIFICATION:
In September of 1988 in response to rising homelessness, Governor Mario
Cuomo's administration issued an emergency order requiring the owners of
Mitchell-Lama and Limited-Dividend rental housing to grant a preference
in admission to homeless families in New York City and Westchester Coun-
ty. This legislation would codify the 1988 emergency order and expand it
to include people with disabilities in response to the worsening home-
lessness crisis in New York City, which saw 60,849 people sleeping in
the shelter system in June of 2019.
State-supervised housing developments provide affordable housing for low
income New Yorkers. For many, these programs can be the difference
between living in safe, affordable, permanent housing, and relying on
shelters or sleeping in the streets. It is essential to ensure that
these programs work for the New Yorkers who need them most.
Low income families and people with disabilities are most affected by
homelessness. Families make up nearly 75% of homeless shelters in New
York City, including 21,295 homeless children. Single homeless individ-
uals face staggeringly high rates of mental health issues and other
disabilities, exacerbating their difficulties in obtaining stable
affordable housing. The state's efforts should concentrate on these high
risk demographics by re-adopting a policy it has successfully imple-
mented in the past. This bill would prioritize the admission of homeless
families and people with disabilities to state-supervised housing made
by those who benefit most from the program. This amendment Articles 2
and 4 of the private housing finance law more effectively achieve their
original purposes: providing affordable housing to New Yorkers who need
it most.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A3151 (Epstein) / No Same as - Assembly Housing
2019-2020: A8586/No same as - referred to housing
STATE OF NEW YORK
________________________________________________________________________
491
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the private housing finance law, in relation to provid-
ing housing to eligible homeless families and eligible homeless indi-
viduals with a disability in certain housing developments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the private housing finance law is amended by
2 adding two new subdivisions 30 and 31 to read as follows:
3 30. "Eligible homeless families." Families who are homeless or who
4 live in temporary or transitional housing and are unable to secure
5 permanent and stable housing without special assistance or such other
6 categories of families at risk of being homeless as determined by a
7 commissioner of social services or a social services district.
8 31. "Eligible homeless individuals with a disability." Individuals
9 who are currently receiving social security disability insurance (SSDI)
10 or supplemental security income (SSI) benefits under the federal social
11 security act or disability pension or disability compensation benefits
12 provided by the United States department of veterans affairs or those
13 previously eligible by virtue of receiving disability benefits under the
14 supplemental security income program or the social security disability
15 program and currently receiving medical assistance benefits based on
16 determination of disability as provided in section three hundred sixty-
17 six of the social services law and who live in temporary or transitional
18 housing and are unable to secure permanent and stable housing without
19 special assistance or such other categories of individuals with a disa-
20 bility at risk of being homeless as determined by a commissioner of
21 social services or a social services district.
22 § 2. Section 31 of the private housing finance law is amended by
23 adding a new subdivision 7-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00043-01-3
A. 491 2
1 7-a. Preference in admission shall be granted to a limited number of
2 otherwise eligible applicants who are eligible homeless families or
3 eligible homeless individuals with a disability, in all state-supervised
4 family rental housing developments located in the city of New York and
5 Westchester county which were constructed and are operated pursuant to
6 this article. The owners and managing agents of such developments shall
7 fill at least one of every five vacancies in each building with an
8 eligible homeless family or eligible homeless individual with a disabil-
9 ity. Provided, however, no owner and/or managing agent shall be obli-
10 gated to fill more than five percent of the total number of apartments
11 in each building with an eligible homeless family or eligible homeless
12 individual with a disability assisted hereunder. Section 8 vouchers
13 shall be provided to eligible homeless families and eligible homeless
14 individuals with a disability applying for housing under this subdivi-
15 sion provided such vouchers are otherwise available and not more than
16 forty percent of such vouchers are being provided to such families or
17 individuals.
18 § 3. Section 85-a of the private housing finance law is amended by
19 adding a new subdivision 6-a to read as follows:
20 6-a. Preference in admission shall be granted to a limited number of
21 otherwise eligible applicants who are eligible homeless families or
22 eligible homeless individuals with a disability, in all state-supervised
23 family rental housing developments located in the city of New York and
24 Westchester county which were constructed and are operated pursuant to
25 this article. The owners and managing agents of such developments shall
26 fill at least one of every five vacancies in each building with an
27 eligible homeless family or eligible homeless individual with a disabil-
28 ity. Provided however no owner and/or managing agent shall be obligated
29 to fill more than five percent of the total number of apartments in each
30 building with an eligible homeless family or eligible homeless individ-
31 ual with a disability assisted hereunder. Section 8 vouchers shall be
32 provided to eligible homeless families and eligible homeless individuals
33 with a disability applying for housing under this subdivision provided
34 such vouchers are otherwise available and not more than forty percent of
35 such vouchers are being provided to such families or individuals.
36 § 4. This act shall take effect on the ninetieth day after it shall
37 have become a law. Effective immediately, the addition, amendment and/or
38 repeal of any rule or regulation necessary for the implementation of
39 this act on its effective date are authorized to be made and completed
40 on or before such effective date.
