What's happening
This bill creates an incentive program for landlords to provide habitable housing to homeless individuals and families, with costs reimbursed by the state.
Why it matters
Creates a financial incentive for landlords to rent to homeless individuals and families, but only if their units pass and maintain strict habitability inspections. this means landlords must meet local housing quality standards, which could significantly improve the safety and condition of the housing available to vulnerable populations.
Defines “homeless” and “eligible household” broadly, including those fleeing domestic violence or hazardous living conditions. this may mean more people, not just the chronically unhoused, could qualify for help, potentially reducing shelter demand and the risk of homelessness for families in crisis.
Requires local social services to inspect rental units before and during tenancy, with records kept for years and available for state audit. this oversight could deter neglectful landlords, ensure ongoing compliance, and provide accountability for public funds spent.
Mandates that the state fully reimburses localities for the cost of landlord incentives (after using federal funds if available). this reduces the financial risk for cities and counties, making it more likely they will participate and expand housing options for the homeless without draining local budgets.
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Who cares
Headline styles
Pay Landlords for Housing Homeless
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to social services
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pay Landlords for Housing Homeless
In Assembly Committee · Ways And Means · Sponsor Andrew Hevesi
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5594
2019-2020 Regular Sessions
IN SENATE
May 8, 2019
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 establishing the incentivizing habitability opportunity program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 2-A of the social services law is amended by adding a new title 5 to read as follows:
TITLE 5
INCENTIVIZING HABITABILITY OPPORTUNITY PROGRAM
Section 53. Landlord incentive for homeless shelters.
§ 53. Landlord incentive for homeless shelters. 1. Notwithstanding any other provision of law to the contrary, each local social services district shall provide an incentive to owners who enter into a residential lease or rental agreement with an eligible household for a qualified dwelling unit in order to address homelessness and ensure appropriate habitability standards in accordance with this section.
2. For the purposes of this section: (a) "homeless" shall mean the lack of a fixed, regular, and adequate nighttime residence; exiting an institution where they resided and will lack a regular fixed and adequate nighttime residence upon release or discharge; having received a court order resulting from an eviction action that notifies the individual or family that they must leave their housing; facing loss of housing due to hazardous conditions, including but not limited to asbestos, lead exposure, mold, and radon; or, fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, human trafficking or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, provided further that a written attestation from an individual or family member
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06158-02-9
S. 5594 2
alleging such abuse and loss of housing shall be sufficient to establish eligibility.
(b) "eligible household" shall mean an individual or family eligible for or receiving public assistance that is homeless as defined by this section. A household's eligibility shall not be affected by an individual's sanction status.
(c) "habitability standard" shall mean the housing quality standards for safe and habitable housing which are established by local housing codes that meet or exceed housing quality standards, so long as such standards do not severely restrict housing choice.
(d) "qualified dwelling unit" shall mean a unit that (i) meets the necessary habitability standards as defined in this subdivision; and (ii) the owner satisfies all the necessary requirements as required by subdivision three of this section.
3. (a) Each local social services district shall provide an incentive in accordance with subdivision four of this section, to eligible owners that enter into a residential lease or rental agreement with an eligible household for a qualified dwelling unit, as defined in subdivision one of this section. For an owner to be eligible to receive an incentive for a qualified dwelling unit, the owner of the dwelling unit shall: (i) enter into a residential lease or rental agreement in accordance with paragraph (b) of this subdivision with an eligible household for a period of not less than one year and (ii) ensure that upon inspection, as required by paragraph (c) of this subdivision, the dwelling unit meets and maintains the necessary habitability standards as defined in subdivision one of this section throughout the period of the lease.
(b) (i) The residential lease or rental agreement entered into between the eligible owner of the qualified dwelling unit and the eligible household shall be consistent with all applicable state and local law and contain all appropriate provisions applicable to tenants of a dwelling unit which does not qualify for an incentive pursuant to this section.
(ii) The owner shall not terminate such lease or rental agreement except for good cause, such as serious or repeated violations of the terms and conditions of the lease or rental agreement, or for violation of applicable state, or local law.
(iii) Prior to terminating a residential lease or rental agreement pursuant to this section, and in addition to any other notices required by law, written notice shall be provided to the eligible household specifying the grounds for such termination, and any relief that may be available which is consistent with applicable state and local law.
(iv) The lease or rental agreement shall be renewed unless (1) the owner or a member of the owner's immediate family needs the apartment for their personal use and primary residence, (2) the apartment is not used as the tenant's primary residence, or (3) the owner wants to take the apartment off the rental market, either to demolish the building for reconstruction or use it for other purposes permitted by law. If the owner is not renewing the lease for any of the above reasons, the owner must notify the eligible household in writing at least ninety days prior to the end of the existing lease.
(c) (i) Prior to providing the owner of an eligible dwelling unit with an incentive as authorized by this section, the commissioner shall, either directly or through a contract with a not-for-profit, inspect each dwelling unit prior to the owner entering into a new residential lease or rental agreement with an eligible household, anytime the eligible household transfers to a new unit with the owner and annually there-
S. 5594 3
after in instances when the lease or rental agreement extends beyond a year. Such dwelling unit shall be required to be inspected prior to every new residential lease or rental agreement that is entered into with an eligible household, for so long as the owner seeks to receive an incentive pursuant to this section. Upon inspection, the local social services district, shall ensure that the dwelling unit meets the habitability standard, as defined in this section.
(ii) No such incentive shall be provided if the dwelling unit fails to meet all the necessary requirements of the habitability standard. Such prorate share of the incentive shall be withheld until the owner makes all the necessary changes required to meet the habitability standard and passes a follow up inspection. To the extent that the owner can show the violations were caused by a member of the eligible household, the owner may be provided an extension to fix the cited violations and be re-inspected in an appropriate period of time, as determined by the local social services district.
(iii) Any time during the lease or rental agreement, a member of an eligible household may request an additional inspection, citing an owner's failure to maintain habitability standards, as required by this section.
(iv) Each local social services district shall maintain a written record detailing the inspections and re-inspections for each dwelling unit for the period of the eligible household's tenancy and for three years subsequent to the end of such tenancy and shall make the records available upon request to the state comptroller.
4. (a) Each local social services district shall provide an incentive to the owner of a qualifying dwelling unit, that meets all the necessary requirements specified in subdivision three of this section, in an amount equal to five hundred dollars for every eligible individual and one thousand dollars for every eligible family. The incentive will be paid to the owner on a monthly basis. The incentive shall be issued by the local social services district directly to the owner of the qualified dwelling unit.
(b) The incentive shall be provided to the owner of the qualified dwelling unit (i) during the period of the eligible household's tenancy; (ii) until the date the eligible household vacates the qualified dwelling unit prior to the expiration date of the lease or rental agreement; or (iii) until the effective date of the notice of eviction received by the eligible household issued pursuant to a court proceeding.
(c) In the event that the owner of the eligible dwelling unit wrongfully and/or prematurely terminates the lease in violation of applicable state or local law, the owner shall reimburse the local social services district the amount of the incentive provided to date.
§ 2. Section 153 of the social services law is amended by adding a new subdivision 18 to read as follows:
18. Notwithstanding any other provision of law to the contrary, one hundred percent of costs for incentives required by section fifty-three of this chapter shall be subject to reimbursement by the state, as follows:
(a) by federal funds that can be properly applied to such expenditures; and
(b) the remainder to be paid by state funds.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to establishing the incentivizing habitability opportunity program
Purpose
This bill would provide a financial incentive to landlords who commit to maintaining safe, stable housing for eligible households.
Summary of provisions
Section 1 amends the social services law by adding a new section 53 to create the Incentivizing Habitability Opportunity Program (IHOP). Pursuant to this program, each local social services district shall provide an incentive to landlords who enter into a lease or rental agreement with eligible individual(s) and commit to providing safe and appropriate habitability standards for rental dwellings units.
Read the full memo (609 words)
Section 2 adds a new subdivision to Section 153 of the social services law to provide 100% reimbursement of costs for incentives by the state and/or federal funds.
Section 3 provides the effective date.
Justification
Substandard housing is a primary cause of housing instability, leading to high mobility rates and resultant disruptions which negatively impact the education of children, the provision of health care, and access to needed services.
According to the Southern Tier Homeless Coalition, there are school districts in Broome County with over 40% mobility rates attributable largely to the conditions of the children's housing. A large body of research has examined the educational outcomes associated with student mobility as it relates to both changes of residence and changes of school. School mobility in particular is linked to declines in academic performance (Friedman-Krauss & Raver, 2015; Selyaetal., 2016; Temple & Reynolds, 1995;Voight, Shinn, & Nation, 201 2), increases in behavioral problems (Rumberger, 2003; Swanson & Schneider, 1999) and increased risk that a student's educational needs will go unrecognized and remain unmet (Juliannelle & Foscarinis, 2003; Kerbow, 1996).
Currently, very little is done to ensure that dwellings rented to public assistance recipients meet local housing codes, either at the initiation of the lease or thereafter. Without an oversight authority holding them accountable, such as a municipality or DSS, landlords often allow these rental units to fall into disrepair. Tenants on public assistance have very little power to resolve the situation, except by moving - often to another substandard dwelling.
In areas where affordable rental housing is scarce, poor tenants remain in unsafe housing, which may lead to illness or injury. Poor housing conditions are associated with a wide range of health conditions, including respiratory infections, asthma, lead poisoning, injuries, and mental health issues. Housing and Health: Time Again for Public Health Action, James Krieger, MD, MPH and Donna L. Higgins, PhD, Am J Public Health, May 2002. In Broome County, a report commissioned by the Health Department's Healthy Neighborhoods Program suggests that an estimated one--third of units subsidized by DSS indicate home health hazards or conditions, a potential contributing factor to the county's significant- ly higher rate of children under the age of 6 with confirmed elevated blood lead levels compared to Upstate New York and New York State.
The concentration of substandard housing in less-advantaged neighbor- hoods further compounds racial, ethnic, and socioeconomic disparities in health. Where We Live Matters for Our Health: The Links Between Housing and Health, Craig Pollack, MD, MHS, Robert Woods Johnson Foundation, Commission to Build a Healthier America, Issue Brief 2: Housing and Health, September 2008.
A punitive response to the situation could have unintended consequences, including a reduction in the housing stock and an increase in homeless- ness. This legislation therefore uses incentives to encourage landlords to appropriately maintain their properties.
Legislative history
New bill.
Fiscal implications for state and local governments
Unknown.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.