(a)
(1) Each social services district must
provide a monthly allowance for rent in the amount actually paid, for cases
with a verified rental obligation. For each social services district, the
maximum allowance for each public assistance family size is in accordance with
the following schedules:
LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCE
SCHEDULE WITH CHILDREN
(children defined in sections
369.2[c]
and
369.5[c]
of this Title)
FAMILY SIZE |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8+ |
Albany |
214 |
219 |
309 |
348 |
386 |
404 |
421 |
421 |
Allegany |
190 |
220 |
273 |
308 |
342 |
358 |
373 |
373 |
Broome |
218 |
252 |
290 |
317 |
353 |
368 |
384 |
403 |
Cattaraugus |
186 |
208 |
269 |
303 |
337 |
352 |
367 |
367 |
Cayuga |
201 |
208 |
290 |
326 |
363 |
380 |
396 |
396 |
Chautauqua |
198 |
202 |
285 |
321 |
357 |
374 |
390 |
390 |
Chemung |
197 |
228 |
283 |
319 |
355 |
371 |
387 |
387 |
Chenango |
189 |
219 |
264 |
298 |
331 |
346 |
361 |
361 |
Clinton |
191 |
195 |
275 |
310 |
345 |
360 |
376 |
376 |
Columbia |
201 |
221 |
290 |
326 |
363 |
379 |
396 |
396 |
Cortland |
199 |
231 |
281 |
317 |
352 |
368 |
384 |
384 |
Delaware |
200 |
232 |
274 |
309 |
344 |
359 |
374 |
374 |
Dutchess |
286 |
292 |
412 |
464 |
516 |
540 |
563 |
563 |
Erie |
209 |
214 |
301 |
339 |
377 |
395 |
411 |
411 |
Essex |
199 |
231 |
268 |
302 |
336 |
351 |
366 |
368 |
Franklin |
180 |
191 |
259 |
292 |
325 |
339 |
354 |
354 |
Fulton |
189 |
193 |
272 |
307 |
341 |
357 |
372 |
372 |
Genesee |
204 |
234 |
294 |
332 |
369 |
386 |
402 |
402 |
Greene |
197 |
229 |
281 |
317 |
352 |
368 |
384 |
384 |
Hamilton |
185 |
189 |
267 |
301 |
335 |
350 |
365 |
365 |
Herkimer |
190 |
200 |
275 |
309 |
344 |
359 |
375 |
375 |
Jefferson |
200 |
232 |
276 |
311 |
346 |
362 |
377 |
377 |
Lewis |
193 |
197 |
279 |
314 |
349 |
365 |
381 |
381 |
Livingston |
213 |
217 |
307 |
346 |
384 |
402 |
419 |
419 |
Madison |
210 |
231 |
304 |
342 |
380 |
397 |
414 |
414 |
Monroe |
257 |
298 |
343 |
374 |
405 |
420 |
438 |
477 |
Montgomery |
196 |
200 |
283 |
319 |
354 |
370 |
386 |
386 |
Nassau |
308 |
334 |
445 |
501 |
558 |
583 |
608 |
608 |
New York City |
277 |
283 |
400 |
450 |
501 |
524 |
546 |
546 |
Niagara |
204 |
209 |
294 |
331 |
369 |
385 |
402 |
402 |
Oneida |
199 |
207 |
287 |
323 |
359 |
375 |
391 |
391 |
Onondaga |
210 |
235 |
303 |
341 |
379 |
397 |
413 |
413 |
Ontario |
213 |
240 |
308 |
347 |
386 |
403 |
421 |
421 |
Orange |
292 |
298 |
421 |
473 |
527 |
551 |
574 |
574 |
Orleans |
209 |
234 |
302 |
340 |
378 |
395 |
412 |
412 |
Oswego |
208 |
212 |
300 |
338 |
375 |
393 |
409 |
409 |
Otsego |
200 |
232 |
280 |
315 |
350 |
366 |
382 |
382 |
Putnam |
306 |
312 |
441 |
496 |
553 |
578 |
602 |
602 |
Rensselaer |
205 |
210 |
296 |
334 |
371 |
388 |
405 |
405 |
Rockland |
302 |
350 |
434 |
488 |
543 |
568 |
592 |
592 |
St. Lawrence |
194 |
211 |
281 |
316 |
351 |
368 |
383 |
383 |
Saratoga |
219 |
224 |
316 |
356 |
396 |
414 |
431 |
431 |
Schenectady |
216 |
226 |
311 |
351 |
390 |
408 |
425 |
425 |
Schoharie |
199 |
231 |
286 |
322 |
358 |
374 |
390 |
390 |
Schuyler |
194 |
224 |
275 |
310 |
345 |
360 |
376 |
376 |
Seneca |
204 |
237 |
288 |
324 |
360 |
376 |
392 |
392 |
Steuben |
188 |
192 |
271 |
305 |
339 |
354 |
370 |
370 |
Suffolk |
310 |
358 |
447 |
503 |
560 |
586 |
611 |
611 |
Sullivan |
211 |
244 |
297 |
335 |
372 |
389 |
406 |
406 |
Tioga |
201 |
233 |
285 |
321 |
357 |
373 |
390 |
390 |
Tompkins |
219 |
251 |
317 |
357 |
396 |
414 |
432 |
432 |
Ulster |
263 |
305 |
350 |
382 |
413 |
427 |
445 |
486 |
Warren |
215 |
250 |
299 |
337 |
375 |
392 |
408 |
408 |
Washington |
205 |
231 |
295 |
332 |
370 |
387 |
403 |
403 |
Wayne |
209 |
240 |
302 |
340 |
378 |
395 |
412 |
412 |
Westchester |
295 |
314 |
426 |
479 |
533 |
557 |
581 |
581 |
Wyoming |
199 |
231 |
279 |
314 |
349 |
365 |
381 |
381 |
Yates |
198 |
210 |
286 |
322 |
358 |
375 |
391 |
391 |
LOCAL AGENCY MONTHLY
SHELTER ALLOWANCE SCHEDULE WITHOUT CHILDREN
|
(children defined in
sections
369.2[c]
and
369.5[c]
of this Title)
|
FAMILY SIZE |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8+ |
Albany |
184 |
213 |
245 |
267 |
289 |
299 |
311 |
341 |
Allegany |
190 |
220 |
253 |
276 |
299 |
309 |
321 |
352 |
Broome |
218 |
252 |
290 |
316 |
342 |
354 |
368 |
403 |
Cattaraugus |
179 |
208 |
239 |
261 |
282 |
292 |
304 |
332 |
Cayuga |
179 |
208 |
239 |
261 |
282 |
292 |
304 |
332 |
Chautauqua |
167 |
194 |
223 |
243 |
263 |
272 |
283 |
310 |
Chemung |
197 |
228 |
262 |
286 |
309 |
320 |
333 |
364 |
Chenango |
189 |
219 |
252 |
275 |
297 |
307 |
320 |
350 |
Clinton |
156 |
181 |
208 |
227 |
245 |
254 |
264 |
289 |
Colombia |
191 |
221 |
254 |
277 |
300 |
310 |
323 |
353 |
Cortland |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Delaware |
200 |
232 |
267 |
291 |
315 |
326 |
339 |
371 |
Dutchess |
216 |
251 |
288 |
314 |
340 |
351 |
366 |
400 |
Erie |
169 |
201 |
215 |
234 |
254 |
262 |
273 |
299 |
Essex |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Franklin |
161 |
191 |
212 |
239 |
250 |
259 |
269 |
295 |
Fulton |
159 |
184 |
212 |
231 |
250 |
259 |
269 |
295 |
Genesee |
202 |
234 |
269 |
293 |
317 |
328 |
342 |
374 |
Greene |
197 |
229 |
263 |
287 |
310 |
321 |
334 |
366 |
Hamilton |
159 |
184 |
212 |
231 |
250 |
259 |
271 |
296 |
Herkimer |
173 |
200 |
230 |
251 |
271 |
281 |
292 |
320 |
Jefferson |
200 |
232 |
267 |
291 |
315 |
326 |
339 |
371 |
Lewis |
152 |
177 |
203 |
221 |
240 |
248 |
258 |
282 |
Livingston |
187 |
217 |
249 |
271 |
294 |
304 |
316 |
346 |
Madison |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Monroe |
257 |
298 |
343 |
374 |
405 |
418 |
436 |
477 |
Montgomery |
158 |
184 |
211 |
230 |
249 |
257 |
268 |
293 |
Nassau |
288 |
334 |
384 |
419 |
453 |
468 |
527 |
561 |
New York City |
215 |
250 |
286 |
312 |
337 |
349 |
403 |
421 |
Niagara |
174 |
202 |
232 |
253 |
274 |
283 |
295 |
322 |
Oneida |
179 |
207 |
238 |
259 |
281 |
290 |
302 |
331 |
Onondaga |
203 |
235 |
270 |
294 |
319 |
329 |
343 |
375 |
Ontario |
207 |
240 |
276 |
301 |
326 |
337 |
351 |
384 |
Orange |
229 |
265 |
305 |
332 |
360 |
372 |
387 |
424 |
Orleans |
202 |
234 |
269 |
293 |
317 |
328 |
342 |
374 |
Oswego |
183 |
212 |
244 |
266 |
288 |
298 |
310 |
339 |
Otsego |
200 |
232 |
267 |
291 |
315 |
326 |
339 |
371 |
Putnam |
237 |
275 |
316 |
344 |
373 |
386 |
401 |
439 |
Rensselaer |
153 |
179 |
193 |
210 |
228 |
235 |
245 |
268 |
Rockland |
302 |
350 |
402 |
438 |
474 |
490 |
511 |
559 |
St. Lawrence |
182 |
211 |
242 |
264 |
286 |
295 |
307 |
336 |
Saratoga |
185 |
215 |
247 |
269 |
291 |
301 |
314 |
343 |
Schenectady |
195 |
226 |
260 |
283 |
307 |
317 |
330 |
361 |
Schoharie |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Schuyler |
194 |
224 |
258 |
281 |
304 |
315 |
328 |
359 |
Seneca |
204 |
237 |
272 |
296 |
321 |
332 |
345 |
378 |
Steuben |
159 |
184 |
212 |
231 |
250 |
259 |
269 |
295 |
Suffolk |
309 |
358 |
412 |
449 |
486 |
503 |
523 |
573 |
Sullivan |
211 |
244 |
281 |
306 |
332 |
343 |
357 |
391 |
Tioga |
201 |
233 |
268 |
292 |
316 |
327 |
340 |
373 |
Tompkins |
217 |
251 |
289 |
315 |
341 |
353 |
367 |
402 |
Ulster |
263 |
305 |
350 |
382 |
413 |
427 |
445 |
486 |
Warren |
215 |
250 |
287 |
313 |
339 |
350 |
364 |
399 |
Washington |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Wayne |
207 |
240 |
276 |
301 |
326 |
337 |
351 |
384 |
Westchester |
271 |
314 |
361 |
393 |
426 |
440 |
474 |
536 |
Wyoming |
199 |
231 |
265 |
289 |
313 |
323 |
337 |
368 |
Yates |
181 |
210 |
241 |
263 |
284 |
294 |
306 |
335 |
(2) Recipients in receipt of a court ordered
shelter supplement, or a temporary shelter supplement pursuant to section
370.10 of
this Title, at the time this paragraph is adopted and, who are otherwise
eligible for public assistance will continue to receive that supplement, if
higher than the shelter allowance set forth in paragraph (1) of this
subdivision, for up to a two year period, provided that there is no break in
assistance of more than one calendar month or that the family has not been
sanctioned. After a two year period from the date this paragraph is adopted or
upon a break in receipt of a court ordered supplement or a supplement under
section
370.10 of
this Title of more than one calendar month, applicants and recipients who were
receiving a court ordered shelter supplement or a temporary shelter supplement
pursuant to section
370.10 of
this Title, must receive a shelter allowance pursuant to paragraph (1) of this
subdivision, if otherwise eligible. The amount of the shelter supplement in
excess of the shelter allowance maxima set forth in paragraph (1) of this
subdivision is not part of the standard of need.
(3)
(i) A
social services district, with the approval of the Office of Temporary and
Disability Assistance, may provide additional monthly shelter supplements to
public assistance applicants and recipients who will reside in private housing,
or who currently reside in private housing and are facing eviction. Social
services districts choosing to provide such supplements must submit a plan to
the Office of Temporary and Disability Assistance, attention: Center for
Employment and Economic Supports, prior to providing any such supplements.
Plans submitted to the office must include: justification for providing the
supplement(s), the targeted population, the amount of the supplement(s) and any
additional information as required by the office. The supplement(s) must be a
monthly amount that, when combined with the shelter allowance, does not exceed
the rental obligation or home ownership shelter expenses of the applicant or
recipient. The amount of the shelter supplement is not part of the standard of
need.
(ii) The office may authorize
a social services district to provide such supplement or a distinct part of
such supplement if it determines that the provision of such supplement would
accomplish its stated purpose and is justified considering such factors as
length of temporary housing stays, existing litigation and other factors
affecting the availability of housing. The office must also consider the impact
of granting the supplement on the economic incentives for self-sufficiency and
the impact on low-income households which are not in receipt of public
assistance. The office may authorize the supplement only if it determines that
there are sufficient funds available to provide such reimbursement.
(b) When the recipient
is obligated to pay for water as a separate charge to a vendor, an allowance
must be made for the additional amount required to be paid. When the recipient
is obligated to pay for sewer, water (except when paid as a separate charge)
and/or garbage disposal, an allowance must be made therefor to the extent that
the total of the rent allowances plus such charge or charges does not exceed
the appropriate maximum amount in the schedule in subdivision (a) of this
section. For the purpose of this subdivision, the term separate
charge refers to a billing made directly to a recipient in his or her
name which is limited to charges for his or her utility service.
(c) [Reserved]
(d)
Public housing.
(1)
(i) An
allowance for rent must be made for recipients who are tenants of city, State
or federally aided public housing up to the amount actually paid or the
following schedule, whichever is less, except when a modified schedule of
allowances is approved by this office for a specific housing authority and the
modified schedule provides for larger allowances or when the housing authority
calculates the rent based on a percentage of household income:
(a) Effective August 15, 2007, public housing
authorities may charge rent up to 50 percent of the shelter maximums found in
subdivision (a) of this section.
(b) Effective August 15, 2008, public housing
authorities may charge rent up to 75 percent of the shelter maximum found in
subdivision (a) of this section.
(c) Effective August 15, 2009, public housing
authorities may charge rent up to the shelter maximums found in subdivision (a)
of this section.
(ii)
Modified schedule approved. When a modified schedule is approved by this office
for a specific housing authority, the allowance for rent must be the amount
actually paid up to the approved schedule amount. A housing authority may
request, and the office may grant an increase not to exceed 10 percent in a
12-month period until the modified schedule for the housing authority reaches
the maximum allowances for the district found in subdivision (a) of this
section. Effective August 15, 2009, modified schedules approved by this office
shall be void.
(iii) Rent
calculated based on a percentage of income. For any household for which the
amount of rent is determined by a public housing authority as a percentage of
either gross or adjusted gross income, the applicable shelter allowance is the
amount so calculated up to the maximum allowance for the given household size
found in subdivision (a) of this section.
(2)
(i)
Subsidized housing other than section 8 housing vouchers. The rent allowance
for tenants of housing subsidized under a housing assistance payments program,
except as provided in subparagraph (ii) of this paragraph, is the amount of
rent actually paid (exclusive of the subsidy) but not more than the amount in
the applicable schedule in subdivisions (a) and (b) of this section.
(ii) Section 8 Voucher Program.
(a) The rent for recipients whose rental
housing payments are subsidized under the Section 8 Voucher Program (not
including a recipient participating in the program of special allowances for
owners of manufactured homes) shall be the amount actually paid, but not in
excess of the amount (rounded to the nearest whole dollar) equal to 30 percent
of the applicable standard of need by family size and district of residence,
considering only the SA-2a, SA-2b, SA-2c schedules contained in section
352.2(d)
of this Part, and the local agency monthly shelter allowance schedule with
children, exclusive of any supplement. For the purpose of this subparagraph,
the allowance amounts are those in office regulation and in effect on the
filing date of this subparagraph.
(b) Clause (a) of this
subparagraph shall not apply to recipients whose section 8 vouchers are
provided by public housing authorities or other local section 8 voucher issuing
agencies that routinely determined the tenants' share of the rent due and
payable for months commencing on or before October 1, 2004 to be the local
agency shelter maximums under subdivision (a) of this section.
(c) The office shall develop an
administrative process to certify whether clause (a) or
(b) of this subparagraph shall apply to each individual public
housing authority or other local section 8 voucher issuing agency.
(e)
Rent allowances for hotel/motel facilities.
An allowance for shelter shall be made for recipients
temporarily housed in hotel/motel facilities under the following
circumstances:
(1) No other suitable
housing either public or private is available to house the recipient.
(2) Hotel/motel accommodations without
cooking facilities shall be utilized only when accommodations with such
facilities are not available. An allowance for the actual cost of the rental of
a refrigerator, not to exceed $10 per week per room, shall be made when a
homeless family is temporarily placed in a hotel/motel which does not have
cooking facilities and which provides a refrigerator on a rental
basis.
(3) The continued need for
hotel/motel accommodations shall be reviewed, evaluated and authorized monthly
by the social services district.
(f) Reimbursement for shelter costs and
restaurant allowances and rental fees for refrigerators as provided for in
paragraph (e)(2) of this section is available to social services districts for
expenditures made by such districts on behalf of recipients temporarily living
in hotels or motels for so long as the recipients are actively seeking
permanent housing, but in no event for a period in excess of six months unless
the local commissioner of social services determines on an annual basis that
housing other than hotels or motels or facilities regulated under Part 900 of
this Title is not readily available in the social services district and the
commissioner submits such determination to the department on an annual basis.
Upon such a determination and submission, the social services district will
continue to be reimbursed for shelter costs, restaurant allowances as
appropriate and rental fees for refrigerators provided to public assistance
recipients beyond such six- month period. A recipient's continued need for
hotel/motel accommodations must be reviewed and evaluated monthly. The maximum
reimbursable amount for shelter costs after August 1, 1984 is $16 per day for
the first person in each hotel room, and $11 per day for the remaining
occupants in each room. Restaurant allowances, if necessary must be provided in
accordance with department regulations.
(g)
Standards.
No family shall be referred to a hotel/motel, nor shall
any reimbursement be made for costs incurred from such referral unless all of
the requirements set forth below are met:
(1) Primary consideration shall be given to
the needs of children. Specific factors considered must include but shall not
be limited to educational needs, security, the nature of the facility in which
the children would be placed, and factors which will insure the minimum
disruption of community ties.
(2)
The hotel/motel shall have appropriate contractual or other arrangements for
maintenance, repair and sanitation in the hotel/motel. The hotel/motel must
have available for review by the local social services district information
verifying the above-mentioned arrangements or record of such. Such information
would include, for example, contracts with private carters, bills, receipts, or
other evidence of performance. Such arrangements shall include but not be
limited to agreements for provision of the following services:
(i) removal of garbage;
(ii) maintenance of floor coverings,
draperies and furniture;
(iii)
repainting of the facility at least once every five years;
(iv) maintenance and inspection of the
electrical system;
(v) maintenance
of plumbing and plumbing fixtures;
(vi) maintenance and inspection of heating,
ventilation and air conditioning systems;
(vii) a regular vermin control program;
and
(viii) provision to insure that
entrances, exits, steps and walkways are kept clear of garbage, ice, snow and
other hazards.
(3) Rooms
shall be cleaned at least every other day by hotel/motel staff.
(4) Furniture necessary for daily living,
including but not limited to tables, bureaus, chairs, beds and cribs shall be
in each room.
(5) No more than two
adults shall be placed in the same room.
(6) When children are placed in the same room
as adults, there shall be sufficient beds so children shall not have to share
single beds.
(7) All mattresses and
bedding material shall be clean. Each bed shall have at least two clean sheets,
adequate clean blankets, clean pillows and pillowcases. A complete change of
linens shall be made by hotel/motel staff at least once a week and more often
where individual circumstances warrant or when a new family occupies the unit.
Each unit shall be supplied with towels, soap and toilet tissues. A clean towel
shall be provided daily to each resident.
(8) Each unit must have operational door and
window locks. All windows at and above the second floor must have window guards
in place unless windows are sealed and the air conditioning works.
(9) A heating system shall be permanently
installed and operated in accordance with applicable local law. Where local law
or code does not govern the provision of heat, the system will provide heat to
maintain a temperature of 69°F (20°C) in all occupied parts of the
building, including corridors. Where windows do not open, proper ventilation,
including but not limited to air conditioning, shall be operational.
(10) Each family with children must have a
private bathroom. At a minimum, this must include a toilet, a sink and a shower
or bathtub, all of which must be properly maintained with hot and cold running
water. Couples without children may be placed in rooms with common bathroom
facilities.
(h)
Inspection.
Local social services districts which make hotel/motel
referral must inspect at least once every six months the hotels/motels in which
families are placed. In addition to verifying that the hotel/motel meets the
requirements set forth in subdivision (g) of this section, the local district
shall make appropriate inquiries to determine whether the hotel/motel is in
compliance with all applicable State and local laws, regulations, codes and
ordinances. Any violation found during the on-site inspection shall be reported
to appropriate authorities. Further, each inspection shall at least review
arrangements for hygiene, vermin control, security, furnishings, cleanliness
and maintenance and shall include a review of any applicable documents
pertaining to compliance with any local laws or codes. A written report shall
be made of each such inspection and shall be maintained at the office of the
local district together with such other information as the district may
maintain concerning the families placed in the hotel/motel. A copy of any such
inspection report shall be provided to the Office of Temporary and Disability
Assistance within 30 days of its completion.
(i)
(1) To
the extent that units of housing are available and subject to department
approval based upon the housing conditions in the region, and to the extent of
State appropriations made expressly therefor, social services districts may
provide an allowance to secure housing to any homeless family:
(i) residing in a municipality having a
rental vacancy rate for low-income housing less than three percent;
(ii) for whom no housing can be located at a
rent within the shelter maximum under this section; and
(iii) in which at least one member of the
family has resided in a hotel or motel and/or a shelter (including, but not
limited to, facilities operated under Part 900 of this Title) at public expense
for a period exceeding 12 weeks. Social services districts may consider
decreasing this length of stay requirement if a long-term temporary placement
in a hotel or motel or shelter would be detrimental to the health and welfare
of families, including families with immediate medical needs.
(2) In determining priority for
placement in housing units for which an allowance is paid under this
subdivision, the district must consider factors affecting need such as:
(i) the length of stay in a hotel or motel
and/or a shelter (including but not limited to, facilities operated under Part
900 of this Title) at public expense;
(ii) the size of the family; and
(iii) the location of schools in relation to
the temporary housing where the family is residing.
(3) Social services districts must submit to
the department for approval annual plans for the operation of programs to make
allowances available under this subdivision. Plans must be submitted within 45
days after funds have been authorized in the State budget for allowances for
this program. Plans must:
(i) indicate the
number of units of housing for which the allowance will be made available
pursuant to this subdivision, identifying the number that would be privately
owned units and the number that would be publicly owned units, and the amount
of funds being requested;
(ii)
describe the housing to be utilized;
(iii) indicate the number of months that the
allowance will be available (not to exceed eight months in the case of
privately owned units or four months in the case of publicly owned
units);
(iv) set forth the
procedures for assuring local housing code compliance;
(v) set forth the procedures to identify
those families likely to be long-term residents of hotels and motels and/or
shelters (including, but not limited to, facilities operated under Part 900 of
this Title);
(vi) indicate the
criteria to be used in determining priorities for placement;
(vii) indicate the services available in the
social services district to assist persons to remain in housing after placement
under this program;
(viii) indicate
the number of homeless families in the social services district that requested
emergency housing each month during the most recent 12-month period and the
number of families that resided in hotels and motels and/or shelters during the
most recent 12-month period; and
(ix) indicate the number of months that the
social services district will require participating landlords to make specified
apartments available to selected families.
(4) The allowance consists of a rent
supplement in an amount to be determined by the social services district, with
the prior approval of the department, but cannot exceed the difference between
the maximum shelter allowance and the hotel/motel rate for the family. Social
services districts must submit claims for State reimbursement for such
allowances on forms and in the manner prescribed by the department.
(5) No allowance will be paid under this
subdivision for housing developed for the homeless financed partially or wholly
with public funds.
(6) No allowance
under this subdivision will be paid unless the social services district
documents that such allowance will not be used to replace funds previously
used, or designated for use, to secure housing for homeless families.
(7) No allowance provided under this
subdivision will be paid for housing which does not comply with or which is not
brought into substantial compliance with the local housing code or which has
been occupied by a family receiving AFDC or home relief within one year prior
to the payment of an allowance hereunder; provided, however, that such
allowance may be held in escrow by the district pending correction of existing
code violations. Moreover, no allowance will be paid unless the participating
landlord agrees to make a specified apartment available to the selected family
for a period of up to 32 months as approved by the department, except as
provided herein. The landlord must agree that, in the event that a selected
family does not remain for any reason in the specified apartment for the period
for which it is to be available, the landlord will return a pro rata portion of
the allowance reflecting the balance of the period. In such event, the district
may provide an allowance with respect to a subsequently selected family for the
balance of the period, provided further that such family meets the eligibility
criteria set forth in this subdivision.
(8) Allowances provided under this
subdivision must be paid for a maximum period specified by the district and
approved by the department.
(9)
Social services districts providing allowances under this subdivision must
submit information on a monthly basis in a manner prescribed by the department,
including but not limited to:
(i) the number
of units rented that were privately owned and the number of units rented that
were publicly owned and the addresses of such units;
(ii) the individual allowances issued;
and
(iii) the number of families
leaving apartments funded with allowances under this subdivision.
(j) If rent has not
been paid for the month in which the case is accepted, a non-prorated shelter
allowance, not to exceed the appropriate local agency maximum monthly shelter
allowance, must be provided to retain the living accommodation.
(k)
Emergency shelter
allowances.
(1) An emergency shelter
allowance must be provided, upon request, to a household composed of an
applicant for or recipient of public assistance, who has been medically
diagnosed as having AIDS or HIV-related illness as defined from time-to-time by
the AIDS Institute of the State Department of Health, and any household members
residing with such person. Such household must be homeless or faced with
homelessness and have no viable and less costly alternative housing available.
The social and medical needs of the household members must be considered in
making a determination concerning availability of alternative housing.
(i) An applicant for or recipient of public
assistance medically diagnosed as having AIDS or HIV-related illness is
considered to be the "first person" in the household, and qualifies the
household for an emergency shelter allowance. The first person may or may not
be in receipt of supplemental security income (SSI).
(ii) The income and needs of the first person
medically diagnosed as having AIDS or HIV-related illness and any additional
household member that is not in receipt of SSI are used in calculating an
emergency shelter allowance, as described in paragraph (3) of this
subdivision.
(iii) The SSI income
and needs of any household member not considered the first person medically
diagnosed as having AIDS or HIV-related illness are not used in calculating an
emergency shelter allowance.
(2) An emergency shelter allowance must not
exceed $480 for the first person in the household and $330 for each additional
household member, and in no event be greater than the household's actual
monthly rent due. Except for cases specified in paragraph (3) of this
subdivision, the emergency shelter allowance is considered to be the
household's public assistance shelter allowance for public assistance budgeting
purposes.
(3) When a household
comprising both public assistance and SSI eligible persons requests an
emergency shelter allowance, the social services district must compute the
amount of the allowance as follows:
(i)
determine the public assistance grant of the public assistance eligible persons
using the appropriate rent schedule amount in subdivision (a) of this
section;
(ii) calculate the net
amount of actual household shelter costs by subtracting the appropriate rent
schedule amount, as determined by referring to subdivision (a) of this section,
from the total actual household shelter costs;
(iii) calculate the maximum amount of
emergency shelter allowance available to the household by subtracting the
appropriate rent schedule amount, as determined by referring to subdivision (a)
of this section, from the maximum allowance authorized by paragraph (2) of this
subdivision for the total number of persons in the household; and
(iv) subtract the SSI and other income of the
SSI eligible person only when such person is included as the first person in
the household, from the sum of the amount calculated in accordance with the
provisions of subparagraph (ii) or (iii) of this paragraph, whichever is less,
and the incremental nonshelter public assistance standard of need of the SSI
eligible persons. The resulting amount, if greater than zero, is the
household's emergency shelter allowance. This allowance is added to the public
assistance grant determined in accordance with subparagraph (i) of this
paragraph.
(4) When
necessary, social services districts must:
(i)
address the social services needs of a person in receipt of an emergency
shelter allowance through the direct provision of services or through the
provision of appropriate information and referral services; efforts should be
made to ensure that an applicant for or a recipient of such an allowance has
established appropriate social and medical support networks;
(ii) assist an applicant for or a recipient
of an emergency shelter allowance to secure the required documentation so that
eligibility for such allowance can be determined; and
(iii) arrange for required face-to-face
interviews to be conducted during home visits or at other appropriate sites.
In accordance with department regulations, designated
representatives may file and sign application and recertification documents on
behalf of an applicant for or a recipient of an emergency shelter
allowance.
(l)
Shelter allowances in excess of the
standards.
A shelter supplement plan under paragraph (a)(3) of this
section may include provisions for treatment of SSI family members that differ
from the requirements of section
352.2(b)
of this Part, but only with respect to the shelter supplement and only if
approved by the office.
(m)
Inspection of shelter placements.
Social services districts that make referrals for
temporary emergency shelter for eligible homeless households to temporary
housing units, which will be paid for by public funds, that are not otherwise
governed by section 460 of the Social Services Law, Parts 900
and 491 of this Title, or subdivision (h) of this section, shall submit for
approval by the Office of Temporary and Disability Assistance health and safety
standards for those units which comport with all applicable State and local
laws, regulations, codes and ordinances. Additionally, social services
districts shall be responsible for the inspection of such temporary housing
units at least once every 12 months to confirm that such standards are
satisfied. A written report shall be made of each such inspection and shall be
maintained at the office of the social services district together with such
other information as the social services district may maintain concerning the
households placed in the temporary housing unit. A copy of any such inspection
report shall be provided to the Office of Temporary and Disability Assistance
within 30 days of its completion.