NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8900A
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the social services law, in relation to requiring shel-
ter allowances be set at up to one hundred percent of the fair market
rent for the local social services district
PURPOSE:
This bill would ensure that individuals can access safe and stable hous-
ing by ensuring those receiving shelter allowances may receive up to
100% of the fair market rent for their area.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the social services law by adding a new section 131-
cc.
Section two establishes the effective date.
JUSTIFICATION:
Individuals receiving temporary assistance are provided with a monthly
shelter allowance that can be used to cover their housing costs. The
shelter allowance varies depending on household size, county of resi-
dence and other factors and is based on a schedule set by the Office of
Temporary and Disability Assistance (01DA). However, the allowance
amounts have not been updated in recent years and are inadequate to
cover the actual cost of housing in New York State. The shelter allow-
ance for adult-only households was last increased in 1988; for house-
holds with children the shelter allowance was last increased in 2003. As
a result, a three-person household with children in Essex County, for
example, would be eligible to receive a maximum shelter allowance of
$268 per month, while the fair market rent for a two-bedroom home in
Essex county is $844.
The fair market rent, an amount determined annually by the United States
Department of Housing and Urban Development, is already used to deter-
mine allowances for numerous other housing subsidy and benefits
programs. In 2021, legislation was signed into law to increase the New
York State Family Homelessness and Eviction Prevention Supplement
(FHEPS) program voucher to 100% of fair market rent, providing families
at risk of homelessness with a voucher that more closely reflects the
actual cost of housing in their area. The shelter allowance amounts, as
determined by IDA, are no longer adequate and are forcing families to
use other allowances that should cover food and other necessities to
help cover their housing costs. This legislation would help reduce
housing instability and homelessness by allowing shelter allowances to
cover up to 100% of fair market rent for the individual's area.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
30 days.
STATE OF NEW YORK
________________________________________________________________________
8900--A
IN ASSEMBLY
January 19, 2022
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to requiring shel-
ter allowances be set at up to one hundred percent of the fair market
rent for the local social services district
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. Shelter allowances. Notwithstanding any other provision of
4 law to the contrary, local social services districts shall pay the shel-
5 ter allowance equal to the actual rent obligation of recipients up to
6 one hundred percent of the current United States department of housing
7 and urban development's fair market rent as of the date of issuance of
8 the shelter allowance to the recipient for the corresponding unit size
9 in the district in which the recipient resides.
10 § 2. This act shall take effect on the thirtieth day after it shall
11 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14126-04-2
