STATE OF NEW YORK
________________________________________________________________________
2
Extraordinary Session
IN ASSEMBLY
September 1, 2021
___________
Introduced by M. of A. BUDGET BILL -- (at request of the Budget) -- read
once and referred to the Committee on Ways and Means
AN ACT to amend chapter 53 of the laws of 2021, enacting the aid to
localities budget, in relation to making additional appropriations
associated with an emergency rental assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 53 of the laws of 2021, enacting the
2 aid to localities budget, is amended by repealing the items hereinbelow
3 set forth in brackets and by adding to such section the other items
4 underscored in this section.
5 DEPARTMENT OF FAMILY ASSISTANCE
6 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
7 AID TO LOCALITIES 2021-22
8 For payment according to the following schedule:
9 APPROPRIATIONS REAPPROPRIATIONS
10 General Fund ....................... [1,675,578,000] 189,624,345
11 1,825,578,000
12 Special Revenue Funds - Federal .... [7,101,484,000] 4,137,709,000
13 7,351,484,000
14 Special Revenue Funds - Other ...... 19,900,000 500,000
15 Fiduciary Funds .................... 10,000,000 0
16 ---------------- ----------------
17 All Funds ........................ [8,806,962,000] 4,327,833,345
18 9,206,962,000
19 ================ ================
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12030-04-1
A. 2 2
1 SPECIALIZED SERVICES PROGRAM ............. [2,785,196,000] 3,185,196,000
2 --------------
3 General Fund
4 Local Assistance Account - 10000
5 [For supplemental costs associated with an
6 emergency rental assistance program pursu-
7 ant to a plan approved by the office of
8 temporary and disability assistance and
9 director of the budget. Such expenses
10 shall be for costs exceeding any special
11 revenue - federal appropriation made
12 available for such purposes, or for
13 providing assistance to households with
14 incomes that exceed the limitations set
15 forth in such program and with a household
16 member in a priority population as
17 provided for in such program, or for
18 assistance to landlords.] For supplemental
19 costs associated with an emergency rental
20 assistance program pursuant to a plan
21 approved by the office of temporary and
22 disability assistance and director of the
23 budget. Such expenses shall be (a) for
24 forty-five days following the date when
25 applications begin to be accepted, for
26 providing assistance to households with
27 incomes that exceed eighty percent of area
28 median income but do not exceed one
29 hundred percent of area median income, (b)
30 after forty-five days following the date
31 when applications begin to be accepted,
32 for providing assistance to households
33 with incomes that exceed eighty percent of
34 area median income but do not exceed one
35 hundred twenty percent of area median
36 income, (c) for forty-five days following
37 the date when applications begin to be
38 accepted, for assistance to small land-
39 lords as defined in subdivision 12 of
40 section 2 of subpart A of part BB of chap-
41 ter 56 of the laws of 2021, of a unit
42 charging rent that does not exceed one
43 hundred fifty percent of the fair market
44 rent by unit size, with rental arrears
45 accrued by a tenant, if such landlord has
46 used best efforts to contact and assist
47 such tenant in applying for a program
48 funded with emergency rental assistance
49 dollars, without success, including
50 instances in which such tenant has vacated
51 while owing such rental arrears, or (d)
52 after forty-five days following the date
53 when applications begin to be accepted,
54 for assistance to landlords of a unit
A. 2 3
1 charging rent that does not exceed one
2 hundred fifty percent of the fair market
3 rent by unit size, with rental arrears
4 accrued by a tenant, if such landlord has
5 used best efforts to contact and assist
6 such tenant in applying for a program
7 funded with emergency rental assistance
8 dollars, without success, including
9 instances in which such tenant has vacated
10 while owing such rental arrears. Until
11 such time as the commissioner determines
12 that the need justifies a reallocation, no
13 more than one hundred twenty-five million
14 dollars shall be available for purposes
15 noted in subdivision (a) or (b), and no
16 more than one hundred twenty-five million
17 dollars shall be made available for the
18 purposes noted in subdivision (c) or (d),
19 provided however in no case shall the
20 commissioner make such reallocation earli-
21 er than ninety days after the date when
22 applications begin to be accepted; and
23 provided further that the commissioner
24 shall report to the speaker of the assem-
25 bly and the temporary president of the
26 senate when such reallocations are made
27 and the reasons for such reallocations.
28 Funds appropriated herein may be transferred
29 or suballocated to any other state agency
30 or authority.
31 Notwithstanding any inconsistent provision
32 of law, the budget director is hereby
33 authorized to transfer any of the amount
34 appropriated herein to state operations
35 for administration of supplemental emer-
36 gency rental assistance activities .......
37 ............................. [100,000,000] 250,000,000
38 --------------
39 Program account subtotal .. [338,796,000] 488,796,000
40 --------------
41 Special Revenue Funds - Federal
42 Federal Miscellaneous Operating Grants Fund
43 CARES Emergency Rent - 25544
44 For services and expenses of an emergency
45 rental assistance program. Households
46 eligible for assistance under such program
47 shall include one or more individual that
48 has experienced financial hardship, is at
49 risk of homelessness or housing instabili-
50 ty, and earns up to eighty percent of area
51 median income as determined by the United
52 States department of housing and urban
53 development. Such assistance shall be
54 prioritized for those who are unemployed
A. 2 4
1 for at least 90 days and those earning up
2 to fifty percent of area median income as
3 determined by the United States department
4 of housing and urban development. Such
5 assistance shall support the payment of up
6 to 12 months of rental arrears due at the
7 time of application and up to 3 months of
8 prospective rent and other purposes set
9 forth in Public Law No. 116-260, Public
10 Law 117-2, or any other federal funds made
11 available for this purpose. Notwithstand-
12 ing any inconsistent provision of law,
13 twenty-five million dollars of the funds
14 appropriated herein shall be available to
15 provide legal services or attorney's fees
16 to tenants related to eviction proceedings
17 and maintaining housing stability pursuant
18 to a plan approved by the commissioner of
19 the office of temporary and disability
20 assistance. The plan for such funds shall
21 grant priority to areas where access to
22 free legal assistance for such services is
23 not already provided. To the extent prac-
24 ticable, such expenses shall be paid from
25 funds otherwise available for administra-
26 tive purposes. Funds may also be used to
27 support a hardship fund for undocumented
28 workers.
29 [Funds appropriated herein shall only be
30 expended in local governments not in
31 receipt of a direct allocation from the
32 U.S. Treasury pursuant to the Emergency
33 Rental Assistance funding enacted in
34 Public Law No. 116-260, Public Law 117-2,
35 or any other federal funds made available
36 for this purpose, unless a local govern-
37 ment in direct receipt of such allocation
38 has submitted a plan to the office of
39 temporary and disability assistance.]
40 Funds appropriated herein may be transferred
41 or suballocated to any other state agency
42 or authority.
43 Notwithstanding any inconsistent provision
44 of law, the budget director is hereby
45 authorized to transfer any of the amount
46 appropriated herein to state operations
47 for administration of emergency rental
48 assistance activities .... [2,350,000,000] 2,600,000,000
49 --------------
50 Program account subtotal [2,350,000,000] 2,600,000,000
51 --------------
52 § 2. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2021.
