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S50002 Summary:

BILL NOS50002
 
SAME ASSAME AS A40002
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd 1, Chap 53 of 2021
 
Makes additional appropriations associated with an emergency rental assistance program.
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S50002 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                            2
 
                                  Extraordinary Session
 
                    IN SENATE
 
                                    September 1, 2021
                                       ___________
 
        Introduced  by  BUDGET  BILL -- (at request of the Budget) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Finance
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12030-04-1

        S. 2                                2

     1                                        ================  ================
 
     2  SPECIALIZED SERVICES PROGRAM ............. [2,785,196,000] 3,185,196,000
     3                                              --------------
 
     4    General Fund
     5    Local Assistance Account - 10000
 
     6  [For  supplemental  costs associated with an
     7    emergency rental assistance program pursu-
     8    ant to a plan approved by  the  office  of
     9    temporary  and  disability  assistance and
    10    director  of  the  budget.  Such  expenses
    11    shall  be  for costs exceeding any special
    12    revenue  -  federal   appropriation   made
    13    available   for   such  purposes,  or  for
    14    providing assistance  to  households  with
    15    incomes  that  exceed  the limitations set
    16    forth in such program and with a household
    17    member  in  a   priority   population   as
    18    provided  for  in  such  program,  or  for
    19    assistance to landlords.] For supplemental
    20    costs associated with an emergency  rental
    21    assistance  program  pursuant  to  a  plan
    22    approved by the office  of  temporary  and
    23    disability  assistance and director of the
    24    budget. Such expenses  shall  be  (a)  for
    25    forty-five  days  following  the date when
    26    applications begin  to  be  accepted,  for
    27    providing  assistance  to  households with
    28    incomes that exceed eighty percent of area
    29    median  income  but  do  not  exceed   one
    30    hundred percent of area median income, (b)
    31    after  forty-five  days following the date
    32    when applications begin  to  be  accepted,
    33    for  providing  assistance  to  households
    34    with incomes that exceed eighty percent of
    35    area median income but do not  exceed  one
    36    hundred  twenty  percent  of  area  median
    37    income, (c) for forty-five days  following
    38    the  date  when  applications  begin to be
    39    accepted, for assistance  to  small  land-
    40    lords  as  defined  in  subdivision  12 of
    41    section 2 of subpart A of part BB of chap-
    42    ter 56 of the laws  of  2021,  of  a  unit
    43    charging  rent  that  does  not exceed one
    44    hundred fifty percent of the  fair  market
    45    rent  by  unit  size,  with rental arrears
    46    accrued by a tenant, if such landlord  has
    47    used  best  efforts  to contact and assist
    48    such tenant  in  applying  for  a  program
    49    funded  with  emergency  rental assistance
    50    dollars,   without   success,    including
    51    instances in which such tenant has vacated
    52    while  owing  such  rental arrears, or (d)
    53    after forty-five days following  the  date

        S. 2                                3
 
     1    when  applications  begin  to be accepted,
     2    for assistance  to  landlords  of  a  unit
     3    charging  rent  that  does  not exceed one
     4    hundred  fifty  percent of the fair market
     5    rent by unit  size,  with  rental  arrears
     6    accrued  by a tenant, if such landlord has
     7    used best efforts to  contact  and  assist
     8    such  tenant  in  applying  for  a program
     9    funded with  emergency  rental  assistance
    10    dollars,    without   success,   including
    11    instances in which such tenant has vacated
    12    while owing  such  rental  arrears.  Until
    13    such  time  as the commissioner determines
    14    that the need justifies a reallocation, no
    15    more than one hundred twenty-five  million
    16    dollars  shall  be  available for purposes
    17    noted in subdivision (a) or  (b),  and  no
    18    more  than one hundred twenty-five million
    19    dollars shall be made  available  for  the
    20    purposes  noted in subdivision (c) or (d),
    21    provided however  in  no  case  shall  the
    22    commissioner make such reallocation earli-
    23    er  than  ninety  days after the date when
    24    applications begin  to  be  accepted;  and
    25    provided  further  that  the  commissioner
    26    shall report to the speaker of the  assem-
    27    bly  and  the  temporary  president of the
    28    senate when such  reallocations  are  made
    29    and the reasons for such reallocations.
    30  Funds appropriated herein may be transferred
    31    or  suballocated to any other state agency
    32    or authority.
    33  Notwithstanding any  inconsistent  provision
    34    of  law,  the  budget  director  is hereby
    35    authorized to transfer any of  the  amount
    36    appropriated  herein  to  state operations
    37    for administration of  supplemental  emer-
    38    gency rental assistance activities .......
    39    ............................. [100,000,000]  250,000,000
    40                                --------------
    41      Program account subtotal .. [338,796,000]  488,796,000
    42                                --------------
 
    43    Special Revenue Funds - Federal
    44    Federal Miscellaneous Operating Grants Fund
    45    CARES Emergency Rent - 25544
 
    46  For  services  and  expenses of an emergency
    47    rental  assistance  program.    Households
    48    eligible for assistance under such program
    49    shall  include one or more individual that
    50    has experienced financial hardship, is  at
    51    risk of homelessness or housing instabili-
    52    ty, and earns up to eighty percent of area
    53    median  income as determined by the United
    54    States department  of  housing  and  urban

        S. 2                                4
 
     1    development.   Such  assistance  shall  be
     2    prioritized for those who  are  unemployed
     3    for  at least 90 days and those earning up
     4    to  fifty percent of area median income as
     5    determined by the United States department
     6    of housing  and  urban  development.  Such
     7    assistance shall support the payment of up
     8    to  12 months of rental arrears due at the
     9    time of application and up to 3 months  of
    10    prospective  rent  and  other purposes set
    11    forth in Public Law  No.  116-260,  Public
    12    Law 117-2, or any other federal funds made
    13    available for this purpose.  Notwithstand-
    14    ing  any  inconsistent  provision  of law,
    15    twenty-five million dollars of  the  funds
    16    appropriated  herein shall be available to
    17    provide legal services or attorney's  fees
    18    to tenants related to eviction proceedings
    19    and maintaining housing stability pursuant
    20    to  a plan approved by the commissioner of
    21    the office  of  temporary  and  disability
    22    assistance.  The plan for such funds shall
    23    grant priority to areas  where  access  to
    24    free legal assistance for such services is
    25    not  already provided. To the extent prac-
    26    ticable, such expenses shall be paid  from
    27    funds  otherwise available for administra-
    28    tive purposes. Funds may also be  used  to
    29    support  a  hardship fund for undocumented
    30    workers.
    31  [Funds appropriated  herein  shall  only  be
    32    expended   in  local  governments  not  in
    33    receipt of a direct  allocation  from  the
    34    U.S.  Treasury  pursuant  to the Emergency
    35    Rental  Assistance  funding   enacted   in
    36    Public  Law No. 116-260, Public Law 117-2,
    37    or any other federal funds made  available
    38    for  this  purpose, unless a local govern-
    39    ment in direct receipt of such  allocation
    40    has  submitted  a  plan  to  the office of
    41    temporary and disability assistance.]
    42  Funds appropriated herein may be transferred
    43    or suballocated to any other state  agency
    44    or authority.
    45  Notwithstanding  any  inconsistent provision
    46    of law,  the  budget  director  is  hereby
    47    authorized  to  transfer any of the amount
    48    appropriated herein  to  state  operations
    49    for  administration  of  emergency  rental
    50    assistance activities .... [2,350,000,000] 2,600,000,000
    51                                --------------
    52      Program account subtotal [2,350,000,000] 2,600,000,000
    53                                --------------
 
    54    § 2. This act shall take effect immediately and  shall  be  deemed  to
    55  have been in full force and effect on and after April 1, 2021.
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