STATE OF NEW YORK
________________________________________________________________________
10740
IN SENATE
November 13, 2026
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law and the real property actions
and proceedings law, in relation to supportive housing procedures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 2-A of the social services law is amended by adding
2 a new title 3 to read as follows:
3 TITLE 3
4 SUPPORTIVE HOUSING PROCEDURES
5 Section 46. Definitions.
6 46-a. Discharge from permanent supported housing programs.
7 46-b. Appeal of discharge.
8 46-c. Pre-eviction requirements in permanent supported housing
9 programs.
10 § 46. Definitions. As used in this title, the following terms shall
11 have the following meanings:
12 1. "Supportive housing" means affordable, permanent housing with
13 supportive services for tenants.
14 2. "Provider" means a provider under contract or similar agreement
15 with an agency to provide supportive housing.
16 3. "Tenant" means a person occupying, or intending to occupy, the
17 dwelling unit for thirty consecutive days or more.
18 § 46-a. Discharge from permanent supported housing programs. 1. A
19 tenant and/or occupant receiving services through a state- or city-con-
20 tracted supportive housing program shall not be discharged from such
21 supportive housing program, except where the recipient is known to be
22 deceased, or upon certification by the contracting agency that the
23 recipient cannot be located to verify their continued eligibility for
24 benefits and services, or where the tenant voluntarily transfers out of
25 the program or to a different supportive housing program.
26 2. Where a provider determines that a program participant is deceased,
27 the supported housing provider must notify the contracting agency of
28 this status within ten days, including information as to the date,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16562-01-6
S. 10740 2
1 location and cause of death, and document this information in the tenant
2 file. The contracting agency will maintain a database of all persons
3 deceased in supportive housing by month and year, including the program,
4 contracted service provider, and reason for death.
5 3. Where a recipient of supportive housing services cannot be located,
6 the supportive housing provider shall notify the contracting agency of
7 this status. Thereafter the contracting agency shall conduct a reason-
8 able good faith search for at least a ninety-day period to locate the
9 recipient, including sending written notice by certified mail, return
10 receipt requested, to the last known address of such recipient and any
11 known alternative addresses and/or emergency contacts of record,
12 requesting the recipient to contact the division within thirty days.
13 4. Where a recipient of supportive housing services voluntarily relo-
14 cates and/or transfers to another supportive housing program, the
15 supported housing provider must give notice to the contracting agency of
16 this change. All voluntary discharges and/or transfers from supportive
17 housing must be documented with the written, dated consent of the
18 tenant.
19 5. The contracting agency must maintain a database of all persons
20 exiting supportive housing by month and year, including the program,
21 contracted service provider, reason for exit, and whether the exit was
22 voluntary. The database must also state if there was current litigation
23 to evict the tenant at the time of exit, and whether that litigation was
24 a non-payment case or a holdover proceeding.
25 6. Eviction from a supportive housing unit, or failure to participate
26 in a program's offered services, is not grounds for discharge from a
27 supportive housing program.
28 § 46-b. Appeal of discharge. 1. Within sixty days of the effective
29 date of this section, each agency contracting for supportive housing
30 shall establish a notice and appeals process for any household
31 discharged from supportive housing.
32 2. A recipient of supportive housing services shall have the right to
33 appeal any agency determination within twelve months; any discharge
34 subject to an appeal shall be stayed until such time that the recipi-
35 ent's appeal is resolved by the agency or a court of competent jurisdic-
36 tion.
37 3. Any final determination by an agency shall be subject to review
38 pursuant to article seventy-eight of the civil practice law and rules.
39 § 46-c. Pre-eviction requirements in permanent supported housing
40 programs. 1. Notwithstanding the requirements of section forty-six-a of
41 this title, any supported housing provider may commence an eviction
42 proceeding against a supportive housing tenant under the following
43 circumstances:
44 (a) where the tenant has failed to pay that portion of rent not
45 attributable to government subsidy, and where such failure was not
46 caused by expiration, nonrenewal, or lapse of a government subsidy or
47 benefit for which the tenant is eligible or may be eligible;
48 (b) where the tenant has engaged in repeated, severe or outrageous
49 conduct creating a health or safety hazard for other tenants in the
50 building; or
51 (c) where the supported housing provider has reasonable grounds to
52 believe that the tenant no longer occupies the premises as their primary
53 residence, except that no period of temporary hospitalization or other
54 long-term medical or rehabilitative care shall create the basis for such
55 cause of action.
S. 10740 3
1 2. Where conduct alleged pursuant to paragraph (b) of subdivision one
2 of this section pertains to incidents of alleged domestic violence, a
3 legal action may only be commenced in the event an assessment for domes-
4 tic violence has been conducted by the contracting agency and found that
5 domestic violence services would not resolve the potential eviction
6 case.
7 3. No tenant or occupant receiving supportive housing services pursu-
8 ant to a supported housing contract may be involuntarily transferred or
9 removed from possession of their apartment.
10 4. (a) Prior to commencement of any eviction proceeding, the provider,
11 landlord, and/or agents thereof shall first make every reasonable effort
12 to assist the tenant to resolve any issues giving rise to a cause of
13 action pursuant to subdivision one of this section. These efforts must
14 be documented in the tenant's individual service plan and case notes,
15 including signed and dated informed consent of both tenant and provider.
16 (b) Upon default in any rent payment of one month or longer, any
17 supportive housing provider shall be required to provide tenants with a
18 detailed rent statement, differentiating between the tenant portion and
19 any government subsidy, where applicable.
20 (c) Where a provider wishes to commence a proceeding to recover rent
21 arrears:
22 (i) The provider must serve the tenant with thirty days' notice of
23 unpaid rent, including an accurate accounting of all rent owed by month,
24 differentiating between tenant portion and government subsidy and
25 excluding any non-rent fees.
26 (ii) The notice required pursuant to subparagraph (i) of this para-
27 graph must be provided in the preferred mode of outreach identified by
28 the tenant, and in the tenant's primary language.
29 (iii) (1) Within seven days of issuance of the notice, or at a reason-
30 able time as requested by the tenant, the provider shall schedule a
31 meeting to discuss the rent breakdown with the tenant, and to present
32 available options for recovery of the rent owed.
33 (2) The provider shall not deny any request from the tenant to be
34 accompanied by a legal representative, caseworker, family member, or
35 other identified advocate at the initial or any subsequent meeting.
36 (3) During a meeting pursuant to clause one of this subparagraph, the
37 provider shall document and investigate any objections to the rent
38 statement identified by the tenant, including any basis for withholding
39 rent. The contracting agency shall disseminate a standardized form for
40 recording objections which must be included in any tenant file prior to
41 commencement of an eviction proceeding. Such form shall include a field
42 for tenant signature and date. Any form lacking a tenant signature shall
43 be considered invalid for the purposes of this section.
44 (4) Following the initial meeting, the provider shall engage the
45 tenant with direct support necessary to resolve the nonpayment, includ-
46 ing but not limited to assistance with financial management, reinstating
47 government benefits, applying for rent arrears grants and/or charitable
48 assistance. A referral to government assistance or unaffiliated social
49 services agency does not constitute direct support for the purposes of
50 this clause.
51 (iv) No provider shall commence legal action against any tenant who is
52 cooperating or indicated willingness to cooperate with efforts to obtain
53 arrears through a rental arrears grant or charitable grant.
54 (v) If after three attempts to provide case management or other social
55 services intervention, the tenant continues to default in rent obli-
S. 10740 4
1 gations, the provider may seek relief under subdivision five of this
2 section.
3 (d) Where a provider alleges that the tenant has engaged in repeated
4 hazardous or unsafe conduct impacting other tenants in the building:
5 (i) The provider shall provide the tenant with thirty days' notice of
6 the objectionable conduct, including detailed, specific incidents and
7 dates.
8 (ii) The provider must schedule a meeting within seven days of issu-
9 ance of the notice, or at a reasonable time as requested by the tenant,
10 to discuss the allegations and to present available options for resol-
11 ution. The provider shall not deny any request from the tenant to be
12 accompanied by a legal representative, caseworker, family member, or
13 other identified advocate at the initial or any subsequent meeting.
14 (iii) The notice required pursuant to subparagraph (ii) of this para-
15 graph must be provided in the preferred mode of outreach identified by
16 the tenant, and in the tenant's first spoken language.
17 (iv) During a meeting pursuant to subparagraph (ii) of this paragraph,
18 the provider shall document and investigate any objections to the alle-
19 gations raised by the tenant. The contracting agency shall disseminate a
20 standardized form for recording objections which must be included in any
21 tenant file prior to commencement of an eviction proceeding. Such form
22 shall include a field for tenant signature and date. Any form lacking a
23 tenant signature shall be considered invalid for the purposes of this
24 section.
25 (v) The provider must additionally retain a clinically-licensed mental
26 health professional to meet with the tenant and determine if the conduct
27 stems from a client's known health or mental health disability, and
28 potential accommodations or support needs that could resolve the alleged
29 conduct.
30 (vi) Following the initial meeting and any clinical assessment, the
31 provider must make reasonable efforts to comply with any service or
32 reasonable accommodation needs identified by the tenant, and in all
33 respects comply with its obligations under the service plan.
34 (vii) In the event that successful resolution is not achieved, the
35 provider must document a recurrence of the alleged objectionable
36 conduct, and at least three direct outreach attempts to resolve the
37 objectionable conduct through case conference and/or service inter-
38 ventions. Where the tenant expressly and knowingly consents to such
39 outreach, intervention may include contacting the tenant's known treat-
40 ment providers and any additional collateral contacts identified by the
41 tenant.
42 (viii) The provider and the tenant shall consult with the contracting
43 agency or other appropriate entities in an effort to have any differ-
44 ences between the involved parties mediated or to obtain assistance in
45 procuring appropriate residential and service alternatives, which shall
46 include referral to a single point of access process, or a similar
47 successor process, where such process has been established by the local
48 government unit.
49 (e) Where a provider alleges that a tenant no longer resides at the
50 apartment as the tenant's primary residence:
51 (i) The provider must follow the requirements of subdivision three of
52 section forty-six-a of this title, including attempts to locate the
53 tenant and/or the tenant's current primary residence.
54 (ii) To the extent that a tenant indicates to the provider and/or
55 contracting agency or any other advocate that relocation was involuntary
56 or due to any action or negligence of the provider, no eviction may
S. 10740 5
1 proceed and the provider shall be required to schedule a meeting with
2 the tenant, any advocate designated by the tenant, a representative of
3 the contracting agency, or other appropriate entities in an effort to
4 have any differences between the involved parties mediated or to obtain
5 assistance in procuring appropriate residential and service alterna-
6 tives, which shall include referral to a single point of access process,
7 or a similar successor process, where such process has been established
8 by the local government unit.
9 5. (a) If efforts under subdivision four of this section are not
10 successful, the provider shall serve the tenant with a minimum of thirty
11 days advanced written notice of its intent to terminate the tenancy,
12 pursuant to section seven hundred thirty-five of the real property
13 actions and proceedings law.
14 (b) The notice shall set forth the reasons for termination in plain
15 language, and provide the date upon which the tenancy shall expire. Such
16 notice shall also advise the tenant of the tenant's right to submit a
17 written objection to the contracting agency, including contact informa-
18 tion for the designated agency personnel.
19 (c) The provider shall simultaneously serve written notice on the
20 contracting agency attaching all documentation pursuant to subdivision
21 four of this section, including the tenant's signed standardized
22 objection form.
23 (d) If the provider fails to provide written notice and the tenant's
24 signed standardized objection form to the contracting agency, or for any
25 other reason identified by the contracting agency, the agency shall
26 issue a notice within seven days staying any further legal action, pend-
27 ing proper implementation of the procedures described in subdivision
28 four of this section.
29 6. Notwithstanding the review of the contracting agency, no eviction
30 or termination of tenancy shall occur without a full hearing in a civil
31 court of local jurisdiction. The tenant shall be entitled to a de novo
32 review of all defenses and counterclaims. A tenant's engagement or
33 choice not to engage with a provider or agency pre-eviction process
34 shall not be deemed to waive or otherwise dispatch with available
35 defenses in housing court.
36 7. The contracted supportive service provider shall actively monitor
37 all landlord/tenant cases and offer assistance to the tenant, including
38 but not limited to the services described in subdivision four of this
39 section, if:
40 (a) the tenant states that they need assistance in an answer, order to
41 show cause or other filing;
42 (b) the tenant asks the provider directly for assistance during the
43 pendency of the case; or
44 (c) the possible need for a guardian ad litem, guardian pursuant to
45 article eighty-one of the mental hygiene law, or referral to adult
46 protective services is raised by any party, court personnel, judge, or
47 city agency during the pendency of the case.
48 8. Any failure to provide assistance to a tenant shall be a defense to
49 any eviction case. Tenants shall be entitled to raise this defense oral-
50 ly or by amending their answer at any point in the proceeding.
51 9. Where a warrant has been issued, any alleged failure to provide
52 assistance pursuant to subdivision four of this section shall constitute
53 good cause for a stay pursuant to subdivision three of section seven
54 hundred forty-nine of the real property actions and proceedings law and
55 to vacate a judgment of possession as against the supportive housing
56 tenant.
S. 10740 6
1 § 2. The real property actions and proceedings law is amended by
2 adding a new section 741-a to read as follows:
3 § 741-a. Petition requirements applicable to government contracted
4 supported housing. 1. Whenever a proceeding seeking the recovery of real
5 property is filed against a tenant known to be eligible and/or in
6 receipt of supportive housing services, as such terms are defined in
7 section forty-six of the social services law, the petition must include
8 a clear statement:
9 (a) Attesting to the tenant's receipt of supportive housing services
10 and/or subsidy;
11 (b) Providing identifying information for the contracting agency and
12 provider;
13 (c) Identifying all sources of government subsidy utilized to provide
14 social services or subsidize rents at the subject dwelling unit;
15 (d) Identifying all regulations and policies governing the
16 tenancy/residency, including the specific regulatory agreements applica-
17 ble to the tenancy;
18 (e) Certifying that the legal action or proceeding was filed in
19 compliance with the requirements of any governing regulatory agreement
20 and relevant city or state law, regulation or agency guidance;
21 (f) Appending proof of service of all notices required pursuant to
22 title three of article two-A of the social services law; and
23 (g) In a nonpayment proceeding, attesting under penalty of perjury
24 that any rent sought is not attributable to lapse of benefits and/or
25 government subsidy.
26 2. Failure to comply with the requirements of this section renders the
27 petition defective.
28 § 3. This act shall take effect on the ninetieth day after it shall
29 have become a law.
