Diminishes certain limitations and restrictions on emergency assistance to pay rent arrears; removes the requirement that such assistance be repaid by the recipient.
STATE OF NEW YORK
________________________________________________________________________
3222
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to diminishing
certain limitations and restrictions on emergency assistance to pay
rent arrears and removing the requirement that such assistance be
repaid by the recipient
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 131-w of the social services law, as added by chap-
2 ter 41 of the laws of 1992, is amended to read as follows:
3 § 131-w. Limitations in the payment of rent arrears. [Districts] Local
4 social services districts shall not provide assistance to pay rent
5 arrears, property taxes or mortgage arrears for persons not eligible for
6 home relief, aid to dependent children, emergency assistance to needy
7 families with children or emergency assistance for aged, blind and disa-
8 bled persons, except to persons who are without income or resources
9 immediately available to meet the emergency need, whose gross household
10 income does not exceed [one] two hundred [twenty-five] percent of the
11 federal income official poverty line [and who sign a repayment agreement
12 agreeing to repay the assistance in a period not to exceed twelve
13 months. The districts shall enforce the repayment agreements by any
14 legal method available to a creditor, in addition to any rights it has
15 pursuant to this chapter]. Local social services districts shall not
16 require an applicant for emergency assistance to pay rent arrears to
17 demonstrate an ability to pay shelter expenses, including any amounts in
18 excess of the appropriate local agency maximum monthly shelter allow-
19 ance, in the future. Local social services districts shall not require
20 a recipient to repay emergency assistance provided to pay rent arrears.
21 The department shall promulgate regulations to implement this section
22 which shall, among other things, [establish standards for the contents
23 of repayment agreements and] establish standards to ensure that assist-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06980-01-5
S. 3222 2
1 ance is provided only in emergency circumstances; provided, however,
2 proof that a court proceeding that has been initiated against the appli-
3 cant or recipient shall not be required to establish emergency circum-
4 stances sufficient for the provision of emergency assistance to cover
5 rent arrears.
6 § 2. Section 131 of the social services law is amended by adding a new
7 subdivision 21 to read as follows:
8 21. Notwithstanding any other law, rule or regulation to the contrary,
9 any emergency assistance to pay rent arrears may be provided for a peri-
10 od of up to twelve months, unless a local social services district
11 determines in its discretion that additional assistance is necessary to
12 cover rent arrears in a particular case. A recipient of emergency
13 assistance for payment of rent arrears shall not be eligible for subse-
14 quent emergency assistance to pay rent arrears for a period of at least
15 twenty-four months unless the local social services district determines
16 at its discretion that additional rent arrears payments are necessary
17 based on the individual case circumstances.
18 § 3. Subdivision 3 of section 350-j of the social services law, as
19 amended by section 38 of part B of chapter 436 of the laws of 1997, is
20 amended to read as follows:
21 3. Emergency assistance to needy families with children shall be
22 provided to the extent of items of need and services set forth in
23 sections one hundred thirty-one and one hundred thirty-one-a of this
24 [chapter] article, and items of medical services set forth in section
25 three hundred sixty-five-a of this [chapter] article, and in amounts set
26 forth in the regulations of the department for children who are without
27 available resources, and when such assistance is necessary to avoid
28 destitution or to provide them with living arrangements in a home to
29 prevent loss of living arrangements resulting from the non-payment of
30 rent, and such destitution or such need did not arise because such chil-
31 dren or relatives refused without good cause to accept employment or
32 training for employment; provided, however, that no assistance shall be
33 provided which would duplicate assistance under sections one hundred
34 thirty-one and one hundred thirty-one-a of this article for which a
35 person is eligible or would be eligible but for a sanction for violation
36 of the requirements of title nine-B of this article [five of this chap-
37 ter] or other requirement of state law and provided further that,
38 notwithstanding any inconsistent provision of this section or section
39 one hundred thirty-one-a of this article, persons for whom preventive
40 services are being provided under title four of article six of this
41 chapter or who are living in foster care or in public, congregate or
42 group facilities, such as residential facilities for victims of domestic
43 violence, may, pursuant to regulations of the department within amounts
44 specifically appropriated therefor and subject to the terms and condi-
45 tions of such appropriation, receive assistance hereunder on their
46 behalf for such services or for care in such facilities in amounts
47 exceeding those set forth in section one hundred thirty-one-a of this
48 article.
49 § 4. Severability. If any clause, sentence, paragraph, section or part
50 of this act shall be adjudged by any court of competent jurisdiction to
51 be invalid and after exhaustion of all further judicial review, the
52 judgment shall not affect, impair, or invalidate the remainder thereof,
53 but shall be confined in its operation to the clause, sentence, para-
54 graph, section or part of this act directly involved in the controversy
55 in which the judgment shall have been rendered.
56 § 5. This act shall take effect immediately.
