Relates to making certain housing programs available regardless of immigration status; provides that local social services districts in a city with a population of five million or more shall be permitted to offer certain housing programs to individuals or families who would be eligible but for a federal law restricting eligibility based on immigration.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10510
SPONSOR: Rules (Rosenthal L) TITLE OF BILL:
An act to amend the social services law, in relation to making certain
housing programs available regardless of immigration status
PURPOSE:
This bill authorizes the city of New York to expand eligibility of the
family homelessness and eviction prevention supplement (FHEPS) to indi-
viduals and families regardless of immigration status.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the social service law to allow individuals
within the city of New York to be eligible for the family homelessness
and eviction prevention supplement (FHEPS) regardless of their immi-
gration status. This section also clarifies that money appropriated by
the State for the purposes of this program shall be available to cover
this expansion.
Section 2 of the bill sets forth the effective date.
JUSTIFICATION:
Federal law (8 U.S.C. 1621) prohibits undocumented persons from receiv-
ing the vast majority of state or local public benefits afforded to
documented persons. However, subdivision d of that section allows for a
state or its locality to deem undocumented persons eligible for public
benefits "only through the enactment of a State law . . . which affirma-
tively provides for such eligibility."
This bill would affirmatively provide such eligibility for undocumented
persons to receive vouchers through the family homelessness and eviction
prevention supplement (FHEPS). FHEPS is often a lifesaver to homeless
families, and this lifeline should be extended to all struggling New
Yorkers regardless of immigration status.
FISCAL IMPACT ON THE STATE & LOCALITIES:
To be determined.
LEGISLATIVE HISTORY:
This is a new bill.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10510
IN ASSEMBLY
May 31, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to making certain
housing programs available regardless of immigration status
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-bbb to read as follows:
3 § 131-bbb. Local social services housing programs in accordance with
4 subsection d of 8 U.S.C. 1621. 1. Notwithstanding any other provision of
5 law to the contrary, for a local social services district with a popu-
6 lation of five million or more, the commissioner shall permit such
7 district to make the program set forth in chapter ten of title sixty-
8 eight of the rules of the city of New York, or any successor program,
9 available to families and individuals who would be eligible but for such
10 federal law restricting eligibility for such benefits based on immi-
11 gration status; and to administer the program in accordance with a plan
12 approved pursuant to 18 N.Y.C.R.R. § 352.3(a)(3).
13 2. Funds appropriated by New York state for services and expenses of a
14 program to provide shelter supplements at local option to individuals
15 and families regardless of immigration status shall be authorized by the
16 department to reimburse a local social services district with a popu-
17 lation of five million or more to fund the program set forth in subdivi-
18 sion one of this section pursuant to the approved plan provided that
19 funds are first used to reimburse rental costs above the maximum rent
20 levels in place as of January first, two thousand twenty-one up to the
21 United States department of housing and urban development's fair market
22 rent level for the family homelessness and eviction prevention supple-
23 ment pursuant to section one hundred thirty-one-bb of this title.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15973-01-2
