STATE OF NEW YORK
________________________________________________________________________
2
Extraordinary Session
IN SENATE
September 1, 2021
___________
Introduced by BUDGET BILL -- (at request of the Budget) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance
AN ACT to amend chapter 53 of the laws of 2021, enacting the aid to
localities budget, in relation to making additional appropriations
associated with an 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. Section 1 of chapter 53 of the laws of 2021, enacting the
2 aid to localities budget, is amended by repealing the items hereinbelow
3 set forth in brackets and by adding to such section the other items
4 underscored in this section.
5 DEPARTMENT OF FAMILY ASSISTANCE
6 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
7 AID TO LOCALITIES 2021-22
8 For payment according to the following schedule:
9 APPROPRIATIONS REAPPROPRIATIONS
10 General Fund ....................... [1,675,578,000] 189,624,345
11 1,825,578,000
12 Special Revenue Funds - Federal .... [7,101,484,000] 4,137,709,000
13 7,351,484,000
14 Special Revenue Funds - Other ...... 19,900,000 500,000
15 Fiduciary Funds .................... 10,000,000 0
16 ---------------- ----------------
17 All Funds ........................ [8,806,962,000] 4,327,833,345
18 9,206,962,000
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12030-04-1
S. 2 2
1 ================ ================
2 SPECIALIZED SERVICES PROGRAM ............. [2,785,196,000] 3,185,196,000
3 --------------
4 General Fund
5 Local Assistance Account - 10000
6 [For supplemental costs associated with an
7 emergency rental assistance program pursu-
8 ant to a plan approved by the office of
9 temporary and disability assistance and
10 director of the budget. Such expenses
11 shall be for costs exceeding any special
12 revenue - federal appropriation made
13 available for such purposes, or for
14 providing assistance to households with
15 incomes that exceed the limitations set
16 forth in such program and with a household
17 member in a priority population as
18 provided for in such program, or for
19 assistance to landlords.] For supplemental
20 costs associated with an emergency rental
21 assistance program pursuant to a plan
22 approved by the office of temporary and
23 disability assistance and director of the
24 budget. Such expenses shall be (a) for
25 forty-five days following the date when
26 applications begin to be accepted, for
27 providing assistance to households with
28 incomes that exceed eighty percent of area
29 median income but do not exceed one
30 hundred percent of area median income, (b)
31 after forty-five days following the date
32 when applications begin to be accepted,
33 for providing assistance to households
34 with incomes that exceed eighty percent of
35 area median income but do not exceed one
36 hundred twenty percent of area median
37 income, (c) for forty-five days following
38 the date when applications begin to be
39 accepted, for assistance to small land-
40 lords as defined in subdivision 12 of
41 section 2 of subpart A of part BB of chap-
42 ter 56 of the laws of 2021, of a unit
43 charging rent that does not exceed one
44 hundred fifty percent of the fair market
45 rent by unit size, with rental arrears
46 accrued by a tenant, if such landlord has
47 used best efforts to contact and assist
48 such tenant in applying for a program
49 funded with emergency rental assistance
50 dollars, without success, including
51 instances in which such tenant has vacated
52 while owing such rental arrears, or (d)
53 after forty-five days following the date
S. 2 3
1 when applications begin to be accepted,
2 for assistance to landlords of a unit
3 charging rent that does not exceed one
4 hundred fifty percent of the fair market
5 rent by unit size, with rental arrears
6 accrued by a tenant, if such landlord has
7 used best efforts to contact and assist
8 such tenant in applying for a program
9 funded with emergency rental assistance
10 dollars, without success, including
11 instances in which such tenant has vacated
12 while owing such rental arrears. Until
13 such time as the commissioner determines
14 that the need justifies a reallocation, no
15 more than one hundred twenty-five million
16 dollars shall be available for purposes
17 noted in subdivision (a) or (b), and no
18 more than one hundred twenty-five million
19 dollars shall be made available for the
20 purposes noted in subdivision (c) or (d),
21 provided however in no case shall the
22 commissioner make such reallocation earli-
23 er than ninety days after the date when
24 applications begin to be accepted; and
25 provided further that the commissioner
26 shall report to the speaker of the assem-
27 bly and the temporary president of the
28 senate when such reallocations are made
29 and the reasons for such reallocations.
30 Funds appropriated herein may be transferred
31 or suballocated to any other state agency
32 or authority.
33 Notwithstanding any inconsistent provision
34 of law, the budget director is hereby
35 authorized to transfer any of the amount
36 appropriated herein to state operations
37 for administration of supplemental emer-
38 gency rental assistance activities .......
39 ............................. [100,000,000] 250,000,000
40 --------------
41 Program account subtotal .. [338,796,000] 488,796,000
42 --------------
43 Special Revenue Funds - Federal
44 Federal Miscellaneous Operating Grants Fund
45 CARES Emergency Rent - 25544
46 For services and expenses of an emergency
47 rental assistance program. Households
48 eligible for assistance under such program
49 shall include one or more individual that
50 has experienced financial hardship, is at
51 risk of homelessness or housing instabili-
52 ty, and earns up to eighty percent of area
53 median income as determined by the United
54 States department of housing and urban
S. 2 4
1 development. Such assistance shall be
2 prioritized for those who are unemployed
3 for at least 90 days and those earning up
4 to fifty percent of area median income as
5 determined by the United States department
6 of housing and urban development. Such
7 assistance shall support the payment of up
8 to 12 months of rental arrears due at the
9 time of application and up to 3 months of
10 prospective rent and other purposes set
11 forth in Public Law No. 116-260, Public
12 Law 117-2, or any other federal funds made
13 available for this purpose. Notwithstand-
14 ing any inconsistent provision of law,
15 twenty-five million dollars of the funds
16 appropriated herein shall be available to
17 provide legal services or attorney's fees
18 to tenants related to eviction proceedings
19 and maintaining housing stability pursuant
20 to a plan approved by the commissioner of
21 the office of temporary and disability
22 assistance. The plan for such funds shall
23 grant priority to areas where access to
24 free legal assistance for such services is
25 not already provided. To the extent prac-
26 ticable, such expenses shall be paid from
27 funds otherwise available for administra-
28 tive purposes. Funds may also be used to
29 support a hardship fund for undocumented
30 workers.
31 [Funds appropriated herein shall only be
32 expended in local governments not in
33 receipt of a direct allocation from the
34 U.S. Treasury pursuant to the Emergency
35 Rental Assistance funding enacted in
36 Public Law No. 116-260, Public Law 117-2,
37 or any other federal funds made available
38 for this purpose, unless a local govern-
39 ment in direct receipt of such allocation
40 has submitted a plan to the office of
41 temporary and disability assistance.]
42 Funds appropriated herein may be transferred
43 or suballocated to any other state agency
44 or authority.
45 Notwithstanding any inconsistent provision
46 of law, the budget director is hereby
47 authorized to transfer any of the amount
48 appropriated herein to state operations
49 for administration of emergency rental
50 assistance activities .... [2,350,000,000] 2,600,000,000
51 --------------
52 Program account subtotal [2,350,000,000] 2,600,000,000
53 --------------
54 § 2. This act shall take effect immediately and shall be deemed to
55 have been in full force and effect on and after April 1, 2021.
