S 3222: Diminishes certain limitations and restrictions on emergency assistance to pay rent arrears; removes the requirement that such assistance be repaid by the recipient.

  
  STATE OF NEW YORK ________________________________________________________________________ 3222 2025-2026 Regular Sessions  IN SENATE January 24, 2025 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to diminishing certain limitations and restrictions on emergency assistance to pay rent arrears and removing the requirement that such assistance be repaid by the recipient The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 131-w of the social services law, as added by chap- 2 ter 41 of the laws of 1992, is amended to read as follows: 3 § 131-w. Limitations in the payment of rent arrears. [Districts] Local 4 social services districts shall not provide assistance to pay rent 5 arrears, property taxes or mortgage arrears for persons not eligible for 6 home relief, aid to dependent children, emergency assistance to needy 7 families with children or emergency assistance for aged, blind and disa- 8 bled persons, except to persons who are without income or resources 9 immediately available to meet the emergency need, whose gross household 10 income does not exceed [one] two hundred [twenty-five] percent of the 11 federal income official poverty line [and who sign a repayment agreement 12 agreeing to repay the assistance in a period not to exceed twelve 13 months. The districts shall enforce the repayment agreements by any 14 legal method available to a creditor, in addition to any rights it has 15 pursuant to this chapter]. Local social services districts shall not 16 require an applicant for emergency assistance to pay rent arrears to 17 demonstrate an ability to pay shelter expenses, including any amounts in 18 excess of the appropriate local agency maximum monthly shelter allow- 19 ance, in the future. Local social services districts shall not require 20 a recipient to repay emergency assistance provided to pay rent arrears. 21 The department shall promulgate regulations to implement this section 22 which shall, among other things, [establish standards for the contents 23 of repayment agreements and] establish standards to ensure that assist- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06980-01-5 
 S. 3222 2 1 ance is provided only in emergency circumstances; provided, however, 2 proof that a court proceeding that has been initiated against the appli- 3 cant or recipient shall not be required to establish emergency circum- 4 stances sufficient for the provision of emergency assistance to cover 5 rent arrears. 6 § 2. Section 131 of the social services law is amended by adding a new 7 subdivision 21 to read as follows: 8 21. Notwithstanding any other law, rule or regulation to the contrary, 9 any emergency assistance to pay rent arrears may be provided for a peri- 10 od of up to twelve months, unless a local social services district 11 determines in its discretion that additional assistance is necessary to 12 cover rent arrears in a particular case. A recipient of emergency 13 assistance for payment of rent arrears shall not be eligible for subse- 14 quent emergency assistance to pay rent arrears for a period of at least 15 twenty-four months unless the local social services district determines 16 at its discretion that additional rent arrears payments are necessary 17 based on the individual case circumstances. 18 § 3. Subdivision 3 of section 350-j of the social services law, as 19 amended by section 38 of part B of chapter 436 of the laws of 1997, is 20 amended to read as follows: 21 3. Emergency assistance to needy families with children shall be 22 provided to the extent of items of need and services set forth in 23 sections one hundred thirty-one and one hundred thirty-one-a of this 24 [chapter] article, and items of medical services set forth in section 25 three hundred sixty-five-a of this [chapter] article, and in amounts set 26 forth in the regulations of the department for children who are without 27 available resources, and when such assistance is necessary to avoid 28 destitution or to provide them with living arrangements in a home to 29 prevent loss of living arrangements resulting from the non-payment of 30 rent, and such destitution or such need did not arise because such chil- 31 dren or relatives refused without good cause to accept employment or 32 training for employment; provided, however, that no assistance shall be 33 provided which would duplicate assistance under sections one hundred 34 thirty-one and one hundred thirty-one-a of this article for which a 35 person is eligible or would be eligible but for a sanction for violation 36 of the requirements of title nine-B of this article [five of this chap- 37 ter] or other requirement of state law and provided further that, 38 notwithstanding any inconsistent provision of this section or section 39 one hundred thirty-one-a of this article, persons for whom preventive 40 services are being provided under title four of article six of this 41 chapter or who are living in foster care or in public, congregate or 42 group facilities, such as residential facilities for victims of domestic 43 violence, may, pursuant to regulations of the department within amounts 44 specifically appropriated therefor and subject to the terms and condi- 45 tions of such appropriation, receive assistance hereunder on their 46 behalf for such services or for care in such facilities in amounts 47 exceeding those set forth in section one hundred thirty-one-a of this 48 article. 49 § 4. Severability. If any clause, sentence, paragraph, section or part 50 of this act shall be adjudged by any court of competent jurisdiction to 51 be invalid and after exhaustion of all further judicial review, the 52 judgment shall not affect, impair, or invalidate the remainder thereof, 53 but shall be confined in its operation to the clause, sentence, para- 54 graph, section or part of this act directly involved in the controversy 55 in which the judgment shall have been rendered. 56 § 5. This act shall take effect immediately.