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A02502 Summary:

BILL NOA02502
 
SAME ASNo Same As
 
SPONSORDavila (MS)
 
COSPNSRCunningham
 
MLTSPNSRBrabenec, DiPietro, Fitzpatrick, Friend, Manktelow, McDonough, Tague, Walsh
 
Add §131-cc, amd §153, Soc Serv L
 
Relates to the creation of home stability support supplement programs.
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A02502 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2502
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2025
                                       ___________
 
        Introduced by M. of A. DAVILA, CUNNINGHAM -- Multi-Sponsored by -- M. of
          A.  BRABENEC,  DiPIETRO,  FITZPATRICK,  FRIEND,  MANKTELOW, McDONOUGH,
          TAGUE, WALSH -- read once and referred  to  the  Committee  on  Social
          Services
 
        AN  ACT  to amend the social services law, in relation to home stability
          support programs

          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-cc to read as follows:
     3    § 131-cc. Home stability support program.  1. (a) Notwithstanding  any
     4  other  provision  of  law  to  the  contrary, each local social services
     5  district shall provide a shelter supplement to eligible individuals  and
     6  families to prevent eviction and address homelessness in accordance with
     7  this section.
     8    (b) For the purposes of this section:
     9    (i)  "homeless"  shall mean the lack of a fixed, regular, and adequate
    10  nighttime residence; having a primary  nighttime  residence  that  is  a
    11  public or private place not designed for or ordinarily used as a regular
    12  sleeping  accommodation  for  human beings, including a car, park, aban-
    13  doned building, bus or train station, airport  or  campground  or  other
    14  places  not  meant for human habitation; living in a supervised publicly
    15  or privately operated shelter designated  to  provide  temporary  living
    16  arrangements  (including hotels and motels paid for by federal, state or
    17  local government programs for low-income individuals  or  by  charitable
    18  organizations, congregate shelters, or transitional housing); exiting an
    19  institution  where  they  resided  and  will  lack  a  regular fixed and
    20  adequate nighttime residence upon release or discharge; or are an  unac-
    21  companied  youth  and homeless family with children and youth defined as
    22  homeless under either this paragraph or federal statute who have experi-
    23  enced a long-term period without living independently in permanent hous-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04569-01-5

        A. 2502                             2
 
     1  ing; have experienced persistent instability  as  measured  by  frequent
     2  moves;  and  can  be expected to continue in such status for an extended
     3  period of time because of chronic disabilities, chronic physical  health
     4  or  mental health conditions, substance addiction, histories of domestic
     5  violence or childhood abuse, the presence of a child  or  youth  with  a
     6  disability,  or  multiple  barriers to employment, or other dangerous or
     7  life-threatening  conditions,  including  conditions  that   relate   to
     8  violence against an individual or a family member; and
     9    (ii)  "imminent loss of housing" shall mean having received a verified
    10  rent demand or a petition for eviction; having received  a  court  order
    11  resulting from an eviction action that notifies the individual or family
    12  that  they  must  leave  their  housing;  facing  loss of housing due to
    13  hazardous conditions, including but not limited to asbestos, lead  expo-
    14  sure,  mold,  and  radon; having a primary nighttime residence that is a
    15  room in a hotel or motel and  lack  the  resources  necessary  to  stay;
    16  facing loss of the primary nighttime residence, which may include living
    17  in the home of another household, where the owner or renter of the hous-
    18  ing  will  not allow the individual or family to stay, provided further,
    19  that an assertion from an individual or family member alleging such loss
    20  of housing or homelessness shall be sufficient to establish eligibility;
    21  or, fleeing, or attempting to flee, domestic violence, dating  violence,
    22  sexual  assault, stalking, human trafficking or other dangerous or life-
    23  threatening conditions that relate to violence against the individual or
    24  a family member, provided further that an assertion from  an  individual
    25  or family member alleging such abuse and loss of housing shall be suffi-
    26  cient to establish eligibility.
    27    2.  (a)  Each  local  social services district shall provide a shelter
    28  supplement to eligible individuals and families as defined  in  subdivi-
    29  sion  three of this section in an amount equal to eighty-five percent of
    30  the fair market rent in the district,  as  established  by  the  federal
    31  department  of  housing  and  urban development, for the particular unit
    32  size. The shelter  supplement  shall  be  issued  by  the  local  social
    33  services district directly to the landlord or vendor.
    34    (b)  A  local  social services district may also provide an additional
    35  supplement in excess of eighty-five percent of the fair market rent,  up
    36  to  one  hundred  percent  of  the  fair market rent in the district, as
    37  established by the federal department of housing and urban  development.
    38  Provided,  however,  the cost of the additional supplement shall be paid
    39  by the local social services district.
    40    (c) As part of the supplement referenced in this subdivision, when  an
    41  eligible  recipient,  as  defined  in subdivision three of this section,
    42  incurs separate fuel for heating expenses,  the  local  social  services
    43  district  shall  provide  additional  funds  to  cover such expenses, in
    44  excess of the amount already required  for  shelter  costs  pursuant  to
    45  paragraph  (a)  of  this  subdivision.  Such  heating allowance shall be
    46  equivalent to the full amount of fuel for heating expenses, and shall be
    47  made directly to the vendor on behalf of  the  recipient.  Any  expenses
    48  incurred by the local social services district that are (i) in excess of
    49  a  recipient's  fuel  for heating allowance authorized pursuant to para-
    50  graph (b) of subdivision two of section one hundred thirty-one-a of this
    51  title; (ii) made pursuant to section ninety-seven of  this  chapter;  or
    52  (iii)  to cover any arrears payments made to restore heating services or
    53  to prevent a shut-off, shall not be recoupable.
    54    (d) Individuals not in receipt of public  assistance,  residing  in  a
    55  household  that  is  benefiting  from  a  shelter  supplement under this
    56  section shall be required to contribute thirty percent  of  their  gross

        A. 2502                             3
 
     1  income,  or  their  pro rata share of the rent, whichever is less. Minor
     2  children without income shall not be  counted  in  the  pro  rata  share
     3  equation. In addition, the income of minor children shall not be consid-
     4  ered part of the gross income.
     5    (e)  Any supplement or allowance provided under this section shall not
     6  be considered to be part of the standard of need.
     7    (f) In the event that the local social  services  district  determines
     8  that  payment  of  rental  arrears would prevent homelessness and subse-
     9  quently pays such arrears, such payments shall not be recoupable.
    10    3. (a) For the period beginning October first, two thousand twenty-six
    11  until September thirtieth, two thousand  twenty-seven,  individuals,  or
    12  families, who are eligible for public assistance, are either homeless or
    13  face an imminent loss of housing, and are not currently receiving anoth-
    14  er  shelter  supplement  shall  be  eligible  for the shelter supplement
    15  provided under this section.
    16    (b) On and after October first, two thousand twenty-seven, individuals
    17  or families who are eligible for public assistance and are (i)  homeless
    18  or  face  an  imminent  loss of housing, and are not currently receiving
    19  another shelter supplement; or (ii) currently in receipt  of  a  shelter
    20  supplement,  other  than  a supplement required by this section, that is
    21  being transferred to the home  stability  support  program  pursuant  to
    22  subdivision  eight  of  this  section, shall be eligible for the shelter
    23  supplement provided under this section.
    24    4. (a) Local social  services  districts  shall  provide  the  shelter
    25  supplement  required  under  this section for up to five years, provided
    26  such individuals or families are otherwise eligible for  public  assist-
    27  ance.  A  shelter supplement may be provided for an additional length of
    28  time for good cause.
    29    (b) If an individual or family receiving the shelter supplement is  no
    30  longer  eligible  for  public  assistance,  the  local  social  services
    31  district shall continue to provide the shelter supplement, and if appro-
    32  priate heating allowance, for one year from the date  of  such  determi-
    33  nation,  so  long as their income does not exceed two hundred percent of
    34  the federal poverty level.
    35    5. The shelter supplement and heating allowance shall not be  affected
    36  by a recipient's sanction status.
    37    6.  (a)  The commissioner shall contract with not-for-profit agencies,
    38  that have experience providing support  services  to  the  homeless  and
    39  at-risk  of  homelessness populations, for the purpose of providing home
    40  stability support services. Such services shall assist eligible  recipi-
    41  ents, as defined in subdivision three of this section, in avoiding home-
    42  lessness  and achieving long-term housing stability. Such services shall
    43  include, but not be limited to:
    44    (i) services to resolve conflicts between landlords and tenants and to
    45  facilitate fair and workable solutions;
    46    (ii) referrals to legal services to  households  threatened  with  the
    47  loss of their homes through eviction, harassment or other means;
    48    (iii)  benefit/entitlement  advocacy  to  ensure  that  households are
    49  receiving all federal, state and local benefits to which they are  enti-
    50  tled, such as temporary assistance to needy families, safety net assist-
    51  ance,  supplemental  nutrition assistance program, supplemental security
    52  income, rent security deposits, furniture and household moving expenses,
    53  medical assistance; and
    54    (iv) relocation assistance which provides for  the  identification  of
    55  and   referral   to  permanent  and  habitable  housing,  transportation

        A. 2502                             4
 
     1  services, landlord/tenant lease negotiation services and  assistance  in
     2  establishing utility services.
     3    (b)  The  commissioner  shall    issue a request-for-proposal for home
     4  stability support services. The request-for-proposal shall include:
     5    (i) a description  of  the  home  stability  support  services  to  be
     6  provided,  including  procedures  for  intake,  referral,  outreach, the
     7  provision of services, follow-up and anticipated outcomes;
     8    (ii) a description of the manner  in  which  coordination  with  other
     9  federal,  state,  local  and privately funded services will be achieved;
    10  and
    11    (iii) a description of how the services will  be  designed  to  assist
    12  households to achieve housing stability.
    13    (c)  Prior  to  entering into a contract pursuant to this subdivision,
    14  the commissioner shall determine that the eligible applicant is  a  bona
    15  fide  organization which shall have demonstrated by its past and current
    16  activities that it has the ability to provide such  services,  that  the
    17  organization  is financially responsible and that the proposal is appro-
    18  priate for the needs of households to be served.
    19    7. The home stability support program shall provide for up to a  total
    20  of fourteen thousand new shelter supplements a year statewide, and funds
    21  shall  be  distributed  to  each local social services district based on
    22  their pro rata share of households below the federal  poverty  level  in
    23  the  state,  using the most recent United States census data as of April
    24  first, two thousand twenty-five, and annually thereafter.
    25    8. If local social services districts offer a shelter  supplement  not
    26  required  by this section, such districts may utilize supplements avail-
    27  able under this section on or after October first, two thousand  twenty-
    28  seven,  to  transfer eligible recipients as defined in subparagraph (ii)
    29  of paragraph (b) of subdivision three of  this  section  into  the  home
    30  stability support program. Provided, however, a district shall not allo-
    31  cate  one  hundred  percent  of their shelter supplements provided under
    32  this section to existing  supplement  recipients,  unless  there  is  no
    33  current  or unmet need for supplements as defined in subparagraph (i) of
    34  paragraph (b) of subdivision three of this section in such district.
    35    9. The commissioner shall issue a report on the home stability support
    36  program to the governor, the speaker  of  the  assembly,  the  temporary
    37  president  of  the  senate, the chairs of the senate and assembly social
    38  services committees, and the chairs  of  the  assembly  ways  and  means
    39  committee and the senate finance committee on or before October first of
    40  each  year, starting October first, two thousand twenty-eight, regarding
    41  the effectiveness of the program, based on the information provided from
    42  the local social services  districts.  Each  local  district,  upon  the
    43  request  of  the office, shall provide the office the necessary data for
    44  the completion of the report. Each report shall  include  the  following
    45  information for each district:
    46    (a) the number of individuals participating in the program;
    47    (b)  factors  contributing  to households experiencing housing issues,
    48  including,  but  not  limited  to,  health  and  safety  and   budgeting
    49  constraints;
    50    (c) total funding utilized;
    51    (d) estimated avoided costs in temporary shelter; and
    52    (e)  any  other  information  or  available data that the commissioner
    53  deems relevant and necessary for comprehensive evaluation of the current
    54  need of entitlements for public assistance recipients.
    55    § 2. Section 153 of the social services law is amended by adding a new
    56  subdivision 13 to read as follows:

        A. 2502                             5
 
     1    13. Notwithstanding any other provision of law to  the  contrary,  one
     2  hundred  percent  of  costs  for shelter supplements including costs for
     3  heating expenses,  and  home  stability  support  services  required  by
     4  section  one  hundred  thirty-one-cc of this article shall be subject to
     5  reimbursement by the state, as follows:
     6    (a)  by  federal  funds  that can be properly applied to such expendi-
     7  tures; and
     8    (b) the remainder to be paid by state funds.
     9    § 3. This act shall take effect April 1, 2026.
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