Rent Limitation for Clients of the HIV/AIDS Services Administration
Proposed Rules: Closed to Comments (View Public Comments Received:1)
Statement of Basis and Purpose of Proposed Rule
This rule is proposed pursuant to the authority of the Commissioner of HRA under Sections 603 and 1043 of the New York City Charter and sections 56, 61, 62, 77 and 131-a(14) of the Social Services Law.
In order to implement the Mayor’s priority of preventing evictions and homelessness, the Commissioner of the New York City Human Resources Administration (HRA) is adding a new section 5-02 to chapter 5 of Title 68 of the Rules of the City of New York. This provision ensures that persons living with clinical or symptomatic HIV illness or AIDS who are receiving public assistance benefits through HRA’s HIV/AIDS Services Administration (“HASA”) do not pay more than 30 percent of their monthly earned and/or unearned income toward the cost of rent that that they have a direct obligation to pay. To the extent any such person paid in excess of 30 percent of his or her monthly earned and /or unearned income towards his or her rent at any time since April 1, 2014, the effective date of New York Social Services Law section 131-a(14), this rule provides that HRA will reimburse the amount paid in excess of 30 percent.
Homelessness poses a serious and life threatening risk to those living with HIV/AIDS. This rule became effective June 18, 2014 as an emergency rule, based on a finding by the Mayor and the Commissioner of HRA that immediate implementation of this rule was necessary to address an imminent threat to the health and safety of HASA clients. Implementing this rule on an emergency basis allowed HRA to immediately reduce the number of eligible HASA clients facing homelessness as a result of inability to pay their rent and to decrease expenditures to relocate clients post-eviction. That emergency rule is being extended for an additional sixty days to afford an opportunity for notice and comment in order for this agency to adopt a final rule.
This proposed rule is exempt from review under section 1043(d) of the New York City Charter pursuant to Charter section 1043(d)(4)(iv).