Relates to establishing the housing access voucher program; provides that the commissioner of the division of housing and community renewal shall implement a program of rental assistance in the form of housing vouchers for eligible individuals and families who are homeless or who face an imminent loss of housing; provides that the commissioner shall designate housing access voucher local administrators in the state to administer the program.
STATE OF NEW YORK
2023-2024 Regular Sessions
January 5, 2023
Introduced by Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CHU, CLEARE,
COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM,
HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY, KRUEGER, LIU, MANNION, MAY,
MAYER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, RYAN, SALAZAR, SANDERS,
SCARCELLA-SPANTON, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, WEBB -- read
twice and ordered printed, and when printed to be committed to the
Committee on Housing, Construction and Community Development --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee and committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
AN ACT to amend the public housing law, in relation to establishing the
housing access voucher program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new article
2 14-A to read as follows:
3 ARTICLE 14-A
4 HOUSING ACCESS VOUCHER PROGRAM
5 Section 605. Legislative findings.
6 606. Definitions.
7 607. Housing access voucher program.
8 608. Eligibility.
9 609. Funding allocation and distribution.
10 610. Payment of housing vouchers.
11 611. Leases and tenancy.
12 612. Rental obligation.
13 613. Monthly assistance payment.
14 614. Inspection of units.
15 615. Rent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 568--B 2
1 616. Vacated units.
2 617. Leasing of units owned by a housing access voucher local
4 618. Verification of income.
5 619. Division of an assisted family.
6 620. Maintenance of effort.
7 621. Vouchers statewide.
8 622. Applicable codes.
9 623. Housing choice.
10 § 605. Legislative findings. The legislature finds that it is in the
11 public interest of the state to ensure that individuals and families are
12 not rendered homeless because of an inability to pay the cost of hous-
13 ing, and to aid individuals and families who are homeless or face an
14 imminent loss of housing in obtaining and maintaining suitable permanent
15 housing in accordance with the provisions of this article.
16 § 606. Definitions. For the purposes of this article, the following
17 terms shall have the following meanings:
18 1. "Homeless" means lacking a fixed, regular, and adequate nighttime
19 residence; having a primary nighttime residence that is a public or
20 private place not designed for or ordinarily used as a regular sleeping
21 accommodation for human beings, including a car, park, abandoned build-
22 ing, bus or train station, airport, campground, or other place not meant
23 for human habitation; living in a supervised publicly or privately oper-
24 ated shelter designated to provide temporary living arrangements
25 (including hotels and motels paid for by federal, state or local govern-
26 ment programs for low-income individuals or by charitable organizations,
27 congregate shelters, or transitional housing); exiting an institution
28 where an individual or family has resided and lacking a regular fixed
29 and adequate nighttime residence upon release or discharge; individuals
30 released or scheduled to be released from incarceration and lacking a
31 regular fixed and adequate nighttime residence upon release or
32 discharge; being a homeless family with children or unaccompanied youth
33 defined as homeless under 42 U.S.C. § 11302(a); having experienced a
34 long-term period without living independently in permanent housing or
35 having experienced persistent instability as measured by frequent moves
36 and being reasonably expected to continue in such status for an extended
37 period of time because of chronic disabilities, chronic physical health
38 or mental health conditions, substance addiction, histories of domestic
39 violence or childhood abuse, the presence of a child or youth with a
40 disability, multiple barriers to employment, or other dangerous or life-
41 threatening conditions, including conditions that relate to violence
42 against an individual or a family member.
43 2. "Imminent loss of housing" means having received a verified rent
44 demand or a petition for eviction; having received a court order result-
45 ing from an eviction action that notifies the individual or family that
46 they must leave their housing; facing loss of housing due to a court
47 order to vacate the premises due to hazardous conditions, which may
48 include but not be limited to asbestos, lead exposure, mold, and radon;
49 having a primary nighttime residence that is a room in a hotel or motel
50 and lacking the resources necessary to stay; facing loss of the primary
51 nighttime residence, which may include living in the home of another
52 household, where the owner or renter of the housing will not allow the
53 individual or family to stay, provided further, that an assertion from
54 an individual or family member alleging such loss of housing or home-
55 lessness shall be sufficient to establish eligibility; or fleeing or
56 attempting to flee domestic violence, dating violence, sexual assault,
S. 568--B 3
1 stalking, human trafficking or other dangerous or life-threatening
2 conditions that relate to violence against the individual or a family
3 member, provided further that an assertion from an individual or family
4 member alleging such abuse and loss of housing shall be sufficient to
5 establish eligibility.
6 3. "Public housing agency" means any county, municipality, or other
7 governmental entity or public body that is authorized to administer any
8 public housing program (or an agency or instrumentality of such an enti-
9 ty), and any other public or private non-profit entity that administers
10 any other public housing program or assistance.
11 4. "Section 8 local administrator" means a public housing agency that
12 administers the Section 8 Housing Choice Voucher program under section 8
13 of the United States housing act of 1937 within a community, county or
14 region, or statewide, on behalf of and under contract with the housing
15 trust fund corporation.
16 5. "Housing access voucher local administrator" means a public housing
17 agency, as defined in subdivision three of this section, or Section 8
18 local administrator designated to administer the housing access voucher
19 program within a community, county or region, or statewide, on behalf of
20 and under contract with the housing trust fund corporation. In the city
21 of New York, the housing access voucher local administrator shall be the
22 New York city department of housing preservation and development, or the
23 New York city housing authority, or both.
24 6. "Family" means a group of persons residing together. Such group
25 includes, but is not limited to a family with or without children (a
26 child who is temporarily away from the home because of placement in
27 foster care is considered a member of the family) or any remaining
28 members of a tenant family. The commissioner shall have the discretion
29 to determine if any other group of persons qualifies as a family.
30 7. "Owner" means any private person or any entity, including a cooper-
31 ative, an agency of the federal government, or a public housing agency,
32 having the legal right to lease or sublease dwelling units.
33 8. "Dwelling unit" means a single-family dwelling, including attached
34 structures such as porches and stoops; or a single-family dwelling unit
35 in a structure that contains more than one separate residential dwelling
36 unit, and in which each such unit is used or occupied, or intended to be
37 used or occupied, in whole or in part, as the residence of one or more
39 9. "Income" shall mean the same as it is defined by 24 CFR § 5.609 and
40 any amendments thereto.
41 10. "Adjusted income" shall mean the same as it is defined by 24 CFR §
42 5.611 and any amendments thereto.
43 11. "Reasonable rent" means rent not more than the rent charged on
44 comparable units in the private unassisted market and rent charged for
45 comparable unassisted units in the premises.
46 12. "Fair market rent" means the fair market rent for each rental area
47 as promulgated annually by the United States department of housing and
48 urban development pursuant to 42 U.S.C. 1437f.
49 13. "Voucher" means a document issued by the housing trust fund corpo-
50 ration pursuant to this article to an individual or family selected for
51 admission to the housing access voucher program, which describes such
52 program and the procedures for approval of a unit selected by the family
53 and states the obligations of the individual or family under the
55 14. "Lease" means a written agreement between an owner and a tenant
56 for the leasing of a dwelling unit to the tenant. The lease establishes
S. 568--B 4
1 the conditions for occupancy of the dwelling unit by an individual or
2 family with housing assistance payments under a contract between the
3 owner and the housing access voucher local administrator.
4 15. "Dependent" means any member of the family who is neither the head
5 of household, nor the head of the household's spouse, and who is:
6 (a) under the age of eighteen;
7 (b) a person with a disability; or
8 (c) a full-time student.
9 16. "Elderly" means a person sixty-two years of age or older.
10 17. "Child care expenses" means expenses relating to the care of chil-
11 dren under the age of thirteen.
12 18. "Severely rent burdened" means those individuals and families who
13 pay more than fifty percent of their income in rent as defined by the
14 United States census bureau.
15 19. "Disability" means:
16 (a) the inability to engage in any substantial gainful activity by
17 reason of any medically determinable physical or mental impairment which
18 can be expected to result in death or which has lasted or can be
19 expected to last for a continuous period of not less than twelve months;
21 (b) in the case of an individual who has attained the age of fifty-
22 five and is blind, the inability by reason of such blindness to engage
23 in substantial gainful activity requiring skills or abilities comparable
24 to those of any gainful activity in which they have previously engaged
25 with some regularity and over a substantial period of time; or
26 (c) a physical, mental, or emotional impairment which:
27 (i) is expected to be of long-continued and indefinite duration;
28 (ii) substantially impedes his or her ability to live independently;
30 (iii) is of such a nature that such ability could be improved by more
31 suitable housing conditions; or
32 (d) a developmental disability that is a severe, chronic disability of
33 an individual that:
34 (i) is attributable to a mental or physical impairment or combination
35 of mental and physical impairments;
36 (ii) is manifested before the individual attains age twenty-two;
37 (iii) is likely to continue indefinitely;
38 (iv) results in substantial functional limitations in three or more of
39 the following areas of major life activity:
40 (A) self-care;
41 (B) receptive and expressive language;
42 (C) learning;
43 (D) mobility;
44 (E) self-direction;
45 (F) capacity for independent living; or
46 (G) economic self-sufficiency; and
47 (v) reflects the individual's need for a combination and sequence of
48 special, interdisciplinary, or generic services, individualized
49 supports, or other forms of assistance that are of lifelong or extended
50 duration and are individually planned and coordinated.
51 § 607. Housing access voucher program. The commissioner, subject to
52 the appropriation of funds for this purpose, shall implement a program
53 of rental assistance in the form of housing vouchers for eligible indi-
54 viduals and families who are homeless or who face an imminent loss of
55 housing in accordance with the provisions of this article. The housing
56 trust fund corporation shall issue vouchers pursuant to this article,
S. 568--B 5
1 subject to appropriation of funds for this purpose, and may contract
2 with the division of housing and community renewal to administer any
3 aspect of this program in accordance with the provisions of this arti-
4 cle. The commissioner shall designate housing access voucher local
5 administrators in the state to make vouchers available to such individ-
6 uals and families and to administer other aspects of the program in
7 accordance with the provisions of this article.
8 § 608. Eligibility. The commissioner shall promulgate standards for
9 determining eligibility for assistance under this program. Individuals
10 and families who meet the standards shall be eligible regardless of
11 immigration status. Eligibility shall be limited to individuals and
12 families who are homeless or facing imminent loss of housing. Housing
13 access voucher local administrators may rely on a certification from a
14 social services provider serving homeless individuals, including, but
15 not limited to, homeless shelters to determine whether an applicant
16 qualifies as a homeless individual or family.
17 1. An individual or family shall be eligible for this program if they
18 are homeless or facing imminent loss of housing and have an income of no
19 more than fifty percent of the area median income, as defined by the
20 United States department of housing and urban development.
21 2. An individual or family in receipt of rental assistance pursuant to
22 this program shall be no longer financially eligible for such assistance
23 under this program when thirty percent of the individual's or family's
24 adjusted income is greater than or equal to the total rent for the
25 dwelling unit.
26 3. When an individual or family becomes financially ineligible for
27 rental assistance under this program pursuant to subdivision two of this
28 section, the individual or family shall retain rental assistance for a
29 period no shorter than one year, subject to appropriation of funds for
30 this purpose.
31 4. Income eligibility shall be verified prior to a housing access
32 voucher local administrator's initial determination to provide rental
33 assistance for this program and upon determination of such eligibility,
34 an individual or family shall annually certify their income for the
35 purpose of determining continued eligibility and any adjustments to such
36 rental assistance.
37 5. The commissioner may collaborate with the office of temporary and
38 disability assistance and other state and city agencies to allow a hous-
39 ing access voucher local administrator to access income information for
40 the purpose of determining an individual's or family's initial and
41 continued eligibility for the program.
42 6. Reviews of income shall be made no less frequently than annually.
43 § 609. Funding allocation and distribution. 1. Subject to appropri-
44 ation, funding shall be allocated by the commissioner in each county
45 except for those counties located within the city of New York, the
46 initial allocation shall be in proportion to the number of households in
47 each county or the city of New York who are severely rent burdened based
48 on data published by the United States census bureau. Funding for coun-
49 ties located within the city of New York shall be allocated directly to
50 the New York city department of housing preservation and development
51 and/or the New York city housing authority, as appropriate, in propor-
52 tion to the number of households in New York city as compared to the
53 rest of the state of New York who are severely rent burdened based on
54 data published by the United States census bureau.
55 2. The commissioner shall be responsible for distributing the funds
56 allocated in each county not located within the city of New York among
S. 568--B 6
1 housing access voucher local administrators operating in each county or
2 in the city of New York.
3 3. Priority shall be given to applicants who are homeless. The commis-
4 sioner shall have the discretion to establish further priorities as
6 4. Up to ten percent of the funds allocated may be used by the commis-
7 sioner and the housing access voucher local administrator for adminis-
8 trative expenses attributable to administering the housing access vouch-
9 er program.
10 § 610. Payment of housing vouchers. 1. The housing voucher shall be
11 paid directly to any owner under a contract between the owner of the
12 dwelling unit to be occupied by the voucher recipient and the appropri-
13 ate housing access voucher local administrator. The commissioner shall
14 determine the form of the housing assistance payment contract and the
15 method of payment. A housing assistance payment contract entered into
16 pursuant to this section shall establish the payment standard (including
17 utilities and all maintenance and management charges) which the owner is
18 entitled to receive for each dwelling unit with respect to which such
19 assistance payments are to be made. The payment standard shall not
20 exceed one hundred twenty percent nor be less than ninety percent of the
21 fair market rent for the rental area in which it is located. Fair
22 market rent shall be determined pursuant to the procedures and standards
23 as set forth in the Federal Housing Choice voucher program, as set forth
24 in the applicable sections of Part 888 of Title 24 of the Code of Feder-
25 al Regulations. Fair market rent for a rental area shall be published
26 not less than annually by the commissioner and shall be made available
27 on the website of New York state homes and community renewal.
28 2. A housing assistance payment contract entered into pursuant to
29 subdivision one of this section may provide for an initial payment of up
30 to five months of rent arrears that have accrued during prior occupancy
31 of a dwelling unit by a voucher recipient if such payment of arrears is
32 necessary to continue such voucher recipient's occupancy of such dwell-
33 ing unit, and thereby prevent imminent loss of housing.
34 § 611. Leases and tenancy. Each housing assistance payment contract
35 entered into by a housing access voucher local administrator and the
36 owner of a dwelling unit shall provide:
37 1. that the lease between the tenant and the owner shall be for a term
38 of not less than one year, except that the housing access voucher local
39 administrator may approve a shorter term for an initial lease between
40 the tenant and the dwelling unit owner if the housing access voucher
41 local administrator determines that such shorter term would improve
42 housing opportunities for the tenant and if such shorter term is consid-
43 ered to be a prevailing local market practice;
44 2. that the dwelling unit owner shall offer leases to tenants assisted
45 under this article that:
46 (a) are in a standard form used in the locality by the dwelling unit
47 owner; and
48 (b) contain terms and conditions that:
49 (i) are consistent with state and local law; and
50 (ii) apply generally to tenants in the property who are not assisted
51 under this article;
52 (c) shall provide that during the term of the lease, the owner shall
53 not terminate the tenancy except for serious or repeated violation of
54 the terms and conditions of the lease, for violation of applicable state
55 or local law, or for other good cause, including, but not limited to,
56 the non-payment of the tenant's portion of the rent owed, and in the
S. 568--B 7
1 case of an owner who is an immediate successor in interest pursuant to
2 foreclosure during the term of the lease vacating the property prior to
3 sale shall not constitute other good cause, except that the owner may
4 terminate the tenancy effective on the date of transfer of the unit to
5 the owner if the owner:
6 (i) will occupy the unit as a primary residence; and
7 (ii) has provided the tenant a notice to vacate at least ninety days
8 before the effective date of such notice;
9 (d) shall provide that any termination of tenancy under this section
10 shall be preceded by the provision of written notice by the owner to the
11 tenant specifying the grounds for that action, and any relief shall be
12 consistent with applicable state and local law;
13 3. that any unit under an assistance contract originated under this
14 article shall only be occupied by the individual or family designated in
15 said contract and shall be the designated individual or family's primary
16 residence. Contracts shall not be transferable between units and shall
17 not be transferable between recipients. A family or individual may
18 transfer their voucher to a different unit under a new contract pursuant
19 to this article;
20 4. that an owner shall not charge more than a reasonable rent as
21 defined in section six hundred six of this article.
22 § 612. Rental obligation. The monthly rental obligation for an indi-
23 vidual or family receiving housing assistance pursuant to the housing
24 access voucher program shall be the greater of:
25 1. thirty percent of the monthly adjusted income of the family or
26 individual; or
27 2. If the family or individual is receiving payments for welfare
28 assistance from a public agency and a part of those payments, adjusted
29 in accordance with the actual housing costs of the family, is specif-
30 ically designated by that agency to meet the housing costs of the fami-
31 ly, the portion of those payments that is so designated. These payments
32 include, but are not limited to any shelter assistance or housing
33 assistance administered by any federal, state or local agency.
34 § 613. Monthly assistance payment. 1. The amount of the monthly
35 assistance payment with respect to any dwelling unit shall be the
36 difference between the maximum monthly rent which the contract provides
37 that the owner is to receive for the unit and the rent the individual or
38 family is required to pay under section six hundred twelve of this arti-
40 2. The commissioner shall establish maximum rent levels for different
41 sized rentals in each rental area in a manner that promotes the use of
42 the program in all localities based on the fair market rent of the
43 rental area. Rental areas shall be determined by the commissioner. The
44 commissioner may rely on data or other information promulgated by any
45 other state or federal agency in determining the rental areas and fair
46 market rent.
47 3. The payment standard for each size of dwelling unit in a rental
48 area shall not be less than ninety percent and shall not exceed one
49 hundred twenty percent of the fair market rent established in section
50 six hundred six of this article for the same size of dwelling unit in
51 the same rental area, except that the commissioner shall not be required
52 as a result of a reduction in the fair market rent to reduce the payment
53 standard applied to a family continuing to reside in a unit for which
54 the family was receiving assistance under this article at the time the
55 fair market rent was reduced.
S. 568--B 8
1 § 614. Inspection of units. Inspection of units shall be conducted
2 pursuant to the procedures and standards of the Federal Housing Choice
3 voucher program, as set forth in the applicable sections of Part 982 of
4 Title 24 of the Code of Federal Regulations.
5 § 615. Rent. 1. The rent for dwelling units for which a housing
6 assistance payment contract is established under this article shall be
7 reasonable in comparison with rents charged for comparable dwelling
8 units in the private, unassisted local market.
9 2. A housing access voucher local administrator (or other entity, as
10 provided in section six hundred seventeen of this article) may, at the
11 request of an individual or family receiving assistance under this arti-
12 cle, assist that individual or family in negotiating a reasonable rent
13 with a dwelling unit owner. A housing access voucher local administrator
14 (or other such entity) shall review the rent for a unit under consider-
15 ation by the individual or family (and all rent increases for units
16 under lease by the individual or family) to determine whether the rent
17 (or rent increase) requested by the owner is reasonable. If a housing
18 access voucher local administrator (or other such entity) determines
19 that the rent (or rent increase) for a dwelling unit is not reasonable,
20 the housing access voucher local administrator (or other such entity)
21 shall not make housing assistance payments to the owner under this
22 subdivision with respect to that unit.
23 3. If a dwelling unit for which a housing assistance payment contract
24 is established under this article is exempt from local rent control
25 provisions during the term of that contract, the rent for that unit
26 shall be reasonable in comparison with other units in the rental area
27 that are exempt from local rent control provisions.
28 4. Each housing access voucher local administrator shall make timely
29 payment of any amounts due to a dwelling unit owner under this section,
30 subject to appropriation of funds for this purpose.
31 § 616. Vacated units. If an assisted family vacates a dwelling unit
32 for which rental assistance is provided under a housing assistance
33 payment contract before the expiration of the term of the lease for the
34 unit, rental assistance pursuant to such contract may not be provided
35 for the unit after the month during which the unit was vacated.
36 § 617. Leasing of units owned by a housing access voucher local admin-
37 istrator. 1. If an eligible individual or family assisted under this
38 article leases a dwelling unit (other than a public housing dwelling
39 unit) that is owned by a housing access voucher local administrator
40 administering assistance to that individual or family under this
41 section, the commissioner shall require the unit of general local
42 government or another entity approved by the commissioner, to make
43 inspections required under section six hundred fourteen of this article
44 and rent determinations required under section six hundred fifteen of
45 this article. The housing access voucher local administrator shall be
46 responsible for any expenses of such inspections and determinations,
47 subject to the appropriation of funds for this purpose.
48 2. For purposes of this section, the term "owned by a housing access
49 voucher local administrator" means, with respect to a dwelling unit,
50 that the dwelling unit is in a project that is owned by such administra-
51 tor, by an entity wholly controlled by such administrator, or by a
52 limited liability company or limited partnership in which such adminis-
53 trator (or an entity wholly controlled by such administrator) holds a
54 controlling interest in the managing member or general partner. A dwell-
55 ing unit shall not be deemed to be owned by a housing access voucher
56 local administrator for purposes of this section because such adminis-
S. 568--B 9
1 trator holds a fee interest as ground lessor in the property on which
2 the unit is situated, holds a security interest under a mortgage or deed
3 of trust on the unit, or holds a non-controlling interest in an entity
4 which owns the unit or in the managing member or general partner of an
5 entity which owns the unit.
6 § 618. Verification of income. The commissioner shall establish proce-
7 dures which are appropriate and necessary to assure that income data
8 provided to the housing access voucher local administrator and owners by
9 individuals and families applying for or receiving assistance under this
10 article is complete and accurate. In establishing such procedures, the
11 commissioner shall randomly, regularly, and periodically select a sample
12 of families to authorize the commissioner to obtain information on these
13 families for the purpose of income verification, or to allow those fami-
14 lies to provide such information themselves. Such information may
15 include, but is not limited to, data concerning unemployment compen-
16 sation and federal income taxation and data relating to benefits made
17 available under the social security act, 42 U.S.C. 301 et seq., the food
18 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the
19 United States Code. Any such information received pursuant to this
20 section shall remain confidential and shall be used only for the purpose
21 of verifying incomes in order to determine eligibility of individuals
22 and families for benefits (and the amount of such benefits, if any)
23 under this article.
24 § 619. Division of an assisted family. 1. In those instances where a
25 family assisted under this article becomes divided into two otherwise
26 eligible individuals or families due to divorce, legal separation or the
27 division of the family, where such individuals or families cannot agree
28 as to which such individual or family should continue to receive the
29 assistance, and where there is no determination by a court, the housing
30 access voucher local administrator shall consider the following factors
31 to determine which of the individuals or families will continue to be
33 (a) which of such individuals or families has custody of dependent
35 (b) which such individual was the head of household when the voucher
36 was initially issued as listed on the initial application;
37 (c) the composition of such individuals and families and which such
38 family includes elderly or disabled members;
39 (d) whether domestic violence was involved in the breakup of such
41 (e) which family members remain in the unit; and
42 (f) recommendations of social services professionals.
43 2. Documentation of these factors will be the responsibility of the
44 requesting parties. If documentation is not provided, the housing access
45 voucher local administrator will terminate assistance on the basis of
46 failure to provide information necessary for a recertification.
47 § 620. Maintenance of effort. Any funds made available pursuant to
48 this article shall not be used to offset or reduce the amount of funds
49 previously expended for the same or similar programs in a prior year in
50 any county or in the city of New York, but shall be used to supplement
51 any prior year's expenditures. The commissioner may grant an exception
52 to this requirement if any county, municipality, or other governmental
53 entity or public body can affirmatively show that such amount of funds
54 previously expended is in excess of the amount necessary to provide
55 assistance to all individuals and families within the area in which the
S. 568--B 10
1 funds were previously expended who are homeless or facing an imminent
2 loss of housing.
3 § 621. Vouchers statewide. Notwithstanding section six hundred eleven
4 of this article, any voucher issued pursuant to this article may be used
5 for housing anywhere in the state. The commissioner shall inform voucher
6 holders that a voucher may be used anywhere in the state and, to the
7 extent practicable, the commissioner shall assist voucher holders in
8 finding housing in the area of their choice. Provided further, however,
9 that a voucher must be used in the county in which it was issued, or
10 within the city of New York, if the voucher was issued within the city
11 of New York, for no less than one year before it can be used in a
12 different jurisdiction, unless the issuing housing access voucher local
13 administrator grants a waiver, or the voucher holder, or a family member
14 thereof, is or has been the victim of domestic violence, dating
15 violence, sexual assault, or stalking.
16 § 622. Applicable codes. Housing eligible for participation in the
17 housing access voucher program shall comply with applicable state and
18 local health, housing, building and safety codes.
19 § 623. Housing choice. 1. The commissioner shall administer the hous-
20 ing access voucher program under this article to promote housing choice
21 for voucher holders. The commissioner shall affirmatively promote fair
22 housing to the extent possible under this program.
23 2. Nothing in this article shall lessen or abridge any fair housing
24 obligations promulgated by municipalities, localities, or any other
25 applicable jurisdiction.
26 § 2. This act shall take effect on the ninetieth day after it shall
27 have become a law. Effective immediately, the addition, amendment and/or
28 repeal of any rule, regulation, plan or guidance document necessary for
29 the implementation of this act on its effective date are authorized to
30 be made and completed on or before such effective date; provided further
31 that any rule, regulation, plan or guidance document shall apply only to
32 those counties located outside of the city of New York. The New York
33 city department of housing preservation and development and the New York
34 city housing authority, as applicable, shall promulgate or release
35 rules, regulations, plans or guidance documents as necessary for the
36 implementation of this act within the city of New York.