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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, April 21, 2020
Proposed Rules Content: 

 

Notice of Extension of Emergency Rule

 

 Notice is further given, pursuant to New York City Charter Section 1043(i)(2), that the emergency rule issued on January 30, 2020 authorizing additional CityFHEPS rental assistance payments in connection with certain regulated units is hereby extended an additional sixty (60) days, to May 29, 2020.  The additional sixty (60) days are needed for HRA to adopt a final rule concerning these payments after completing the public comment process set forth in New York City Charter Section 1043(e). 

 

Statement of Basis and Purpose of Proposed Rule

 

In order to implement the Mayor’s priority of preventing homelessness and moving households into stable housing, the Commissioner of the New York City Department of Social Services / Human Resources Administration (DSS/HRA) issued an emergency rule January 30, 2020 concerning the CityFHEPS rental assistance program.  Specifically, the emergency rule authorizes DSS/HRA, to make additional payments, over and above the regular CityFHEPS rental assistance amounts, to landlords of units that are subject to the New York City Department of Housing Preservation & Development ("HPD") / New York City Housing Development Corporation (“HDC”) Marketing Handbook pursuant to a regulatory agreement or similar instrument for which HPD and/or HDC is requiring or approving that such units be filled by homeless individuals or families  instead of or subsequent to a lottery, where such payments are needed to make up the difference between the CityFHEPS maximum rent and the regulatory rent.  The emergency rule was prompted by the availability of more than 150 rent-regulated units, many under the State’s 421-a Affordability Option C program. The additional payments authorized under the emergency rule have already enabled individuals to exit shelter and move into these units.

 

HRA now proposes making the provisions of the emergency rule permanent so that these payments can continue.

 

Additionally, HRA also proposes revising section 10-09(a) concerning midyear recalculations of the CityFHEPS rental assistance amount.  That provision currently provides that the agency will recalculate the CityFHEPS rental assistance amount, at the household’s request, only where the household’s income has decreased prior to renewal.  However, there are instances, including when a smaller household who was previously on cash assistance receives disability benefits, where a household may potentially benefit from a midyear recalculation when their income has increased midyear.  Therefore, HRA proposes amending the provision to provide that, upon request, the agency will recalculate the CityFHEPS rental assistance payment prior to renewal whenever there is a change in income that would decrease the household’s client contribution.

 

HRA’s authority for this rule may be found in sections 34, 56, 61, 62, 77, and 131 of the New York Social Services Law and sections 603 and 1043 of the New York City Charter. 

 

Subject: 

There will be no public hearing. For information on how to comment on this rule, please see the attached.

Contact: 

929 221-7220

Adopted Rules: Closed to Comments

Adopted Rules Content: 

*Statement of Basis and Purpose*

In connection with the consolidation of many of the City’s rental assistance programs into a single program called CityFHEPS, HRA is now issuing a rule for the Pathway Home Program, which helps households in shelter relocate to housing with friends and family for up to one year while they search for permanent housing. The program is available to households who have been in a New York City Department of Homeless Services shelter (DHS) for at least 90 days, or who are in a DHS shelter and have a CityFHEPS shopping letter, and who have identified a “host family” willing to host them for up to one year. Monthly payments to host families will generally range from $1,200 to $1,800 depending on the size of the household that is being hosted. The program will also be available to certain individuals being discharged from the custody of the New York City Department of Correction.

The LINC VI Family and Friends Reunification Program, which was established in 2015 and under which payments are available for up to five years, will no longer be offered to households exiting shelter, but will continue for those already in the program. Although LINC VI has helped families exit shelter, it is anticipated that Pathway Home’s shorter timeframe and higher monthly payments to hosts will enable more families to leave shelter while providing them with a pathway forward to move into homes of their own.

Effective Date: 
Thu, 11/15/2018

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Tuesday, August 21, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Rule

Sections 603 and 1043 of the City Charter, Sections 34, 56, 61, 62, 77, and 131-a of the New York Social Services Law authorize HRA to make this proposed rule.

Background

In September 2014, the City launched the Living in Communities (LINC) I, II and III rental assistance programs, targeting families with children in New York City Department of Homeless Services (DHS) and New York City Human Resources Administration (HRA) shelters.  These were followed by the LINC IV and V programs for single adults and adult families in shelter or at risk of entry to shelter, the LINC VI program, which provides rental assistance to households in shelter who are able to move in with family and friends, the City Family Eviction Prevention Supplement and City Family Exit Plan Supplement (CITYFEPS) programs, the Special Exit and Prevention Supplement (SEPS) program and the HRA HOME Tenant-Based Rental Assistance Program (HRA HOME TBRA).  In total, these programs, together with other City rehousing initiatives, have helped over 87,000 people exit or avoid entering a City shelter. 

In September 2017, the court in Tejada v. Roberts, Index No. 453245/2015 (Sup. Ct., NY County), so-ordered a settlement that paved the way for the New York State Family Eviction Prevention Supplement (FEPS) program to be replaced by an expanded program with higher rent supplement levels called the Family Homelessness & Eviction Prevention Supplement (FHEPS) program.  Many of the families in HRA’s CITYFEPS program and most of the families in the LINC III program were transferred to FHEPS in December 2017.

In order to more effectively and efficiently administer the various City-funded rental assistance programs targeted to households in or at risk of entry to shelter and align City rental assistance more closely with State FHEPS, HRA now proposes CITYFHEPS, a single streamlined program that will replace the existing LINC I, II, IV and V programs, the SEPS program, and what remains of the LINC III and CITYFEPS programs.  HRA is working to combat source of income discrimination and resistance to subsidized vouchers in the housing market, and a streamlined program will advance this goal.

Households not currently receiving other City rental assistance who meet the initial eligibility requirements of CITYFHEPS will have the opportunity to secure a unit with CITYFHEPS as of the effective date of this rule.  Households who are currently receiving other City rental assistance will be transferred to CITYFHEPS and the old programs will be phased out, with no new households enrolling in those programs after the effective date of this rule.* With the exception of households currently participating in LINC VI, households participating in the LINC, CITYFEPS and SEPS programs will be transferred to the CITYFHEPS program so long as they are income-eligible and continue to reside in the unit towards which their LINC, CITYFEPS or SEPS rental assistance is currently being applied (or they have been approved by HRA to move to a new unit).**

Summary of Provisions

The new chapter 10 will accomplish the following:

-- Set forth definitions relevant to the administration of the new CITYFHEPS program.

-- Set forth eligibility requirements for city residents.  These are different depending on (among other things) whether a household is in shelter.

-- Allow for HRA to designate “CITYFHEPS qualifying programs” from which it will accept referrals to avert entry to shelter or shorten the stay of a household already in shelter.

-- Set forth the maximum monthly rents and rental assistance payment amounts for various types of housing.  The maximum apartment rents will be indexed to any annual rent increases set by the NYC Rent Guidelines Board.

-- Set forth renewal criteria beyond the first year of the program, such as allowing renewal beyond five years under certain circumstances.

-- Allow adjustments to be made to the payment amounts when circumstances have changed.

-- Provide for an orderly transition from the existing rental assistance programs (LINC, SEPS, and CITYFEPS) to the new CITYFHEPS.

-- Set forth landlord and participant requirements for continued participation in the program.

-- Set forth the review conference and appeal process, and various additional miscellaneous matters, such as the fact that HRA will not maintain a waitlist.

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* As the programs are phased out over the course of the next year, the rules concerning the old programs will be repealed.

** Households currently participating in LINC VI will continue in that program for so long as they remain eligible.  However, no new households will be enrolled in LINC VI.  Instead, households able to move in with host families will have the opportunity to apply to a similar program, called Pathway Home, that HRA is concurrently proposing in a different rule. 

Subject: 

.CITYFHEPS Proposed Rule

Location: 
125 Worth Street
Second Floor Auditorium
New York, NY 10013
Contact: 

929-221-6690