Add §131-bb, amd §§131-w, 131-s & 106-b, Soc Serv L
Relates to rental assistance; provides that under no circumstances shall a local social services district require proof that a court proceeding has been initiated as a condition of eligibility for a rent arrears grant or rental assistance; provides that no repayment agreement shall be required and no collection of overpayments shall be conducted for certain assistance provided from March 7, 2020 until the later of the end of the state of emergency declared pursuant to executive order number 202 of 2020 or February 28, 2022.
STATE OF NEW YORK
________________________________________________________________________
8111
2021-2022 Regular Sessions
IN ASSEMBLY
June 11, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to rental assist-
ance; and to repeal 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. The social services law is amended by adding a new section
2 131-bb to read as follows:
3 § 131-bb. Proof of eligibility for rental assistance. Under no circum-
4 stances shall a local social services district require proof that a
5 court proceeding has been initiated against a tenant as a condition of
6 eligibility for a rent arrears grant or ongoing rental assistance
7 including rental assistance provided pursuant to this article.
8 § 2. Section 131-w of the social services law, as added by chapter 41
9 of the laws of 1992, is amended to read as follows:
10 § 131-w. Limitations in the payment of rent arrears. 1. Districts
11 shall not provide assistance to pay rent arrears, property taxes or
12 mortgage arrears for persons not eligible for home relief, aid to
13 dependent children, emergency assistance to needy families with children
14 or emergency assistance for aged, blind and disabled persons, except to
15 persons who are without income or resources immediately available to
16 meet the emergency need, whose gross household income does not exceed
17 one hundred twenty-five percent of the federal income official poverty
18 line and who sign a repayment agreement agreeing to repay the assistance
19 in a period not to exceed twelve months. The districts shall enforce
20 the repayment agreements by any legal method available to a creditor, in
21 addition to any rights it has pursuant to this chapter. The department
22 shall promulgate regulations to implement this section which shall,
23 among other things, establish standards for the contents of repayment
24 agreements and establish standards to ensure that assistance is provided
25 only in emergency circumstances.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11074-04-1
A. 8111 2
1 2. Notwithstanding the provisions of subdivision one of this section,
2 no repayment agreement shall be required for assistance provided between
3 March seventh, two thousand twenty and the later of the end of the state
4 of emergency declared pursuant to executive order number two hundred two
5 of two thousand twenty or February twenty-eighth, two thousand twenty-
6 two. Any payment due and owing under this section shall be suspended
7 until the later of the end of the state of emergency declared pursuant
8 to executive order number two hundred two of two thousand twenty or
9 February twenty-eighth, two thousand twenty-two.
10 § 3. Subdivision 1 of section 131-s of the social services law, as
11 amended by chapter 318 of the laws of 2009, is amended to read as
12 follows:
13 1. (a) In the case of a person applying for public assistance, supple-
14 mental security income benefits or additional state payments pursuant to
15 this chapter, the social services official of the social services
16 district in which such person resides shall, unless alternative payment
17 or living arrangements can be made, make a payment to a gas corporation,
18 electric corporation or municipality for services provided to such
19 person during a period of up to, but not exceeding, four months imme-
20 diately preceding the month of application for such assistance or bene-
21 fits if such payment is needed to prevent shut-off or to restore
22 service. Persons whose gross household income exceeds the public assist-
23 ance standard of need for the same size household must sign a repayment
24 agreement to repay the assistance within two years of the date of
25 payment as a condition of receiving assistance, in accordance with regu-
26 lations established by the department. Such repayment agreement may be
27 enforced in any manner available to a creditor, in addition to any
28 rights the district may have pursuant to this chapter.
29 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
30 sion, no repayment agreement shall be required for assistance provided
31 between March seventh, two thousand twenty and the later of the end of
32 the state of emergency declared pursuant to executive order number two
33 hundred two of two thousand twenty or February twenty-eighth, two thou-
34 sand twenty-two.
35 § 4. Section 106-b of the social services law, as amended by chapter
36 81 of the laws of 1995, is amended to read as follows:
37 § 106-b. Adjustment for incorrect payments. 1. Any inconsistent
38 provision of law notwithstanding, a social services official shall, in
39 accordance with the regulations of the department and consistent with
40 federal law and regulations, take all necessary steps to correct any
41 overpayment or underpayment to a public assistance recipient; provided,
42 however, that a social services official may waive recovery of a past
43 overpayment, in the case of an individual who is not currently a recipi-
44 ent of public assistance, where the cost of recovery is greater than the
45 cost of collections as determined in accordance with department regu-
46 lations consistent with federal law and regulations. For purposes of
47 this section, overpayment shall include payments made to an eligible
48 person in excess of his or her needs as defined in this chapter and
49 payments made to ineligible persons (including payments made to such
50 persons pending a fair hearings decision). The commissioner shall
51 promulgate regulations to implement procedures for correcting overpay-
52 ments and underpayments. The procedures for correcting overpayments
53 shall be designed to minimize adverse impact on the recipient, and to
54 the extent possible avoid undue hardship. Notwithstanding any other
55 provision of law to the contrary, no underpayment shall be corrected
56 with respect to a person who is currently not eligible for or in receipt
A. 8111 3
1 of home relief or aid to dependent children, except that corrective
2 payments may be made with respect to persons formerly eligible for or in
3 receipt of aid to dependent children to the extent that federal law and
4 regulations require.
5 2. Notwithstanding the provisions of subdivision one of this section,
6 no collection of overpayments shall be conducted, regardless of when the
7 overpayment accrued, until the later of the end of the state of emergen-
8 cy declared pursuant to executive order number two hundred two of two
9 thousand twenty or February twenty-eighth, two thousand twenty-two.
10 § 5. This act shall take effect immediately and sections two, three
11 and four of this act shall expire and be deemed repealed on the later of
12 the end of the state of emergency declared pursuant to executive order
13 number 202 of 2020 or February 28, 2022.
