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Human Resources Administration
Codified Title: 
Title 68: Human Resources Administration

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: 

The Fair Fares NYC Program helps New York City residents with low incomes manage their transportation costs by providing them with a 50% discount on subway and eligible bus fares. The first phases of Fair Fares NYC have already been launched for certain eligible New Yorkers receiving Cash Assistance and Supplemental Nutrition Assistance Program (SNAP) benefits and certain CUNY students, student veterans, and NYCHA residents who meet the program’s eligibility criteria.

In accordance with Section 603 of the City Charter and Article VII of the New York State Constitution, DSS/HRA now adds Chapter 12 to Title 68 of the Rules of the City of New York to fully implement the program and make it available to all eligible New Yorkers who are at or below the Federal Poverty Level who do not already have discounted transportation from the MTA or the City or another duplicative transportation benefit. The need for the City of New York to provide a Fair Fares NYC MetroCard is significant. To date, nearly 100,000 New Yorkers have enrolled in the Fair Fares NYC program.

This rule establishes requirements and rules of the Fair Fares NYC Program.

Specifically, the rule:
• Sets forth definitions relevant to the administration of the Fair Fares NYC Program.
• Sets forth eligibility requirements for Fair Fares NYC.
• Sets forth rules for using the Fair Fares MetroCard.
• Sets forth the administrative review process.
• Establishes confidentiality protections that safeguard information concerning applicants and participants.
New material is underlined.

Effective Date: 
Mon, 01/27/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule Following amendments to New York Social Services Law § 36-c, DHS issues this rule for the Income Savings Plan Program, or “ISP” Program, whose purpose is to help clients exit DHS shelters by budgeting for and developing savings to facilitate their transition to permanent housing upon shelter exit. Under the ISP Program, certain households with earned income will be required to deposit a portion of their earned income (generally 30%) to a savings account. Except on a case-by-case basis where a household has been approved by DSS to use their own commercial bank account, deposited funds will be held by the New York City Department of Social Services and will be made available to program participants upon their exit from shelter, if not earlier. The ISP Program will be implemented in phases for multiple populations. This rule establishes the first phase of this program, which will apply to employed residents of DHS shelters for single adults whose income from employment exceeds a threshold that is equivalent to the amount that would make most single-person households not in shelter ineligible for ongoing cash assistance. DHS will amend the rule as it rolls out the program to additional populations with earned income, including families with children. Participation in the ISP Program will be a shelter program eligibility requirement and clients who are not in compliance may have their shelter discontinued, but will have the opportunity to immediately cure a violation.

Effective Date: 
Sun, 12/15/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, December 10, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule The Fair Fares NYC Program helps New York City residents with low incomes manage their transportation costs by providing them with a 50% discount on subway and eligible bus fares. The first phases of Fair Fares NYC have already been launched for certain eligible New Yorkers receiving Cash Assistance and Supplemental Nutrition Assistance Program (SNAP) benefits and certain CUNY students, student veterans, and NYCHA residents who meet the program’s eligibility criteria. In accordance with Section 603 of the City Charter and Article VII of the New York State Constitution, DSS/HRA now proposes to add Chapter 12 to Title 68 of the Rules of the City of New York to fully implement the program and make it available to all eligible New Yorkers who are at or below the Federal Poverty Level who do not already have discounted transportation from the MTA or the City or another duplicative transportation benefit. The need for the City of New York to provide a Fair Fares NYC MetroCard is significant. To date, over 70,000 New Yorkers have enrolled in the Fair Fares NYC program. This rule establishes requirements and rules of the Fair Fares NYC Program. Specifically, the rule will accomplish the following: • Set forth definitions relevant to the administration of the Fair Fares NYC Program. • Set forth eligibility requirements for Fair Fares NYC. • Set forth rules for using the Fair Fares NYC MetroCard. • Set forth the administrative review process. • Establish confidentiality protections that safeguard information concerning applicants and participants.

Subject: 

DSS/HRA will hold a public hearing on its proposal to add Chapter 12 to Title 68 of the Rules of the City of New York to fully implement the Fair Fares NYC program and make it available to all eligible New Yorkers who are at or below the Federal Poverty Level who do not already have discounted transportation from the MTA or the City or another duplicative transportation benefit.

Location: 
2nd Floor Auditorium
125 Worth Street Enter at Lafayette Street
New York, NY 10007
Contact: 

Submit comments to DSS/HRA via:
• NYC rules website: http://rules.cityofnewyork.us.
• Email: NYCRules@hra.nyc.gov and include “Fair Fares NYC” in the subject line.
• Mail: Attn: HRA Rules, 150 Greenwich Street, 38th Floor, New York, NY 10007
• Fax: 917-639-0413
Let us know by 11/26/19 if you need a foreign language interpreter, a sign language interpreter, or a reasonable accommodation for a disability at the hearing.

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Effective Date: The effective date of the amendments concerning enrollments of students at designated New York City Department of Education middle schools -- specifically, the amendments to sections 6-02(a), 6-02(b)(6), 6-03(g), and subsection (e) et seq. of section 6-04 -- is October 21, 2019. The effective date of the remaining amendments is December 2, 2019. This rule is published twice on NYC Rules to allow for the posting of the two different effective dates.

Statement of Basis and Purpose of Rule

The New York City Identification Card Program (“IDNYC Card Program”), first launched in January 2015, is now in its fifth year of operations and includes over a million cardholders. Previously, in April 2016, and July 2018, IDNYC amended the rules governing the program based on its experience operating the program and recommendations from stakeholders, including applicants, advocates, IDNYC enrollment staff and members of the City Council. Based on additional experience and feedback, in July 2019, the IDNYC program proposed an additional set of amendments to Chapter 6 of the Rules of the City of New York, designed to facilitate access to the card while maintaining program integrity. This final rule is the same as the proposed rule, except for some minor clarifications and technical non-substantive corrections.

Summary of provisions

• Card renewals. IDNYC cards were designed to expire after five years, and with the fifth anniversary of the IDNYC program approaching, these amendments will allow for a more streamlined and flexible renewal process, including online renewals.
• Allow existing cardholders to update their address, including at renewal, without requiring them to present original residency documents.
• Allow 10-13 year olds to apply for the card without a caretaker present at middle school pop-up enrollment sites.
• Add provisions concerning card invalidations.
• Allow non-students to use university housing agreements if they reside in housing in New York City that is affiliated with the school.
• Waive replacement fee for those who can establish that their card was stolen. HRA’s authority for this rule may be found in Sections 603 and 1043 of the City Charter, Administrative Code Section 3-115, and Executive Order No. 6 of 2014.

Effective Date: 
Mon, 12/02/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Effective Date: The effective date of the amendments concerning enrollments of students at designated New York City Department of Education middle schools -- specifically, the amendments to sections 6-02(a), 6-02(b)(6), 6-03(g), and subsection (e) et seq. of section 6-04 -- is October 21, 2019. The effective date of the remaining amendments is December 2, 2019. This rule is published twice on NYC Rules to allow for the posting of the two different effective dates.

Statement of Basis and Purpose of Rule

The New York City Identification Card Program (“IDNYC Card Program”), first launched in January 2015, is now in its fifth year of operations and includes over a million cardholders. Previously, in April 2016, and July 2018, IDNYC amended the rules governing the program based on its experience operating the program and recommendations from stakeholders, including applicants, advocates, IDNYC enrollment staff and members of the City Council.

Based on additional experience and feedback, in July 2019, the IDNYC program proposed an additional set of amendments to Chapter 6 of the Rules of the City of New York, designed to facilitate access to the card while maintaining program integrity. This final rule is the same as the proposed rule, except for some minor clarifications and technical non-substantive corrections.

Summary of provisions

• Card renewals. IDNYC cards were designed to expire after five years, and with the fifth anniversary of the IDNYC program approaching, these amendments will allow for a more streamlined and flexible renewal process, including online renewals.
• Allow existing cardholders to update their address, including at renewal, without requiring them to present original residency documents.
• Allow 10-13 year olds to apply for the card without a caretaker present at middle school pop-up enrollment sites.
• Add provisions concerning card invalidations.
• Allow non-students to use university housing agreements if they reside in housing in New York City that is affiliated with the school.
• Waive replacement fee for those who can establish that their card was stolen. HRA’s authority for this rule may be found in Sections 603 and 1043 of the City Charter, Administrative Code Section 3-115, and Executive Order No. 6 of 2014.

Effective Date: 
Mon, 10/21/2019

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, August 21, 2019
Proposed Rules Content: 

The New York City Identification Card Program (“IDNYC Card Program”), first launched in January 2015, is now in its fourth year of operations and includes over a million cardholders. Previously, in April 2016, and July 2018, the program amended the rules governing the program based on its experience operating the program and recommendations from stakeholders, including applicants, advocates, IDNYC enrollment staff and members of the City Council. Now, based on additional experience and feedback, the IDNYC program proposes an additional set of amendments to Chapter 6 of the Rules of the City of New York. These amendments would, among other things: • Revise card renewal provisions. IDNYC cards were designed to expire after five years, and with the fifth anniversary of the IDNYC program approaching, the program proposes to revise the rules to allow for a more streamlined and flexible renewal process. • Allow existing cardholders to update their address, including at renewal, without requiring them to present original residency documents. • Allow 10-13 year olds to apply for the card without a caretaker present at middle school pop-up enrollment sites. • Add provisions concerning card invalidations. • Allow non-students to use university housing agreements if they reside in housing in New York City that is affiliated with the school. • Waive replacement fee for those who can establish that their card was stolen. HRA’s authority for this rule may be found in Sections 603 and 1043 of the City Charter, Administrative Code Section 3-115, and Executive Order No. 6 of 2014.

Subject: 

Proposed Amendments to Chapter 6 of Title 68 of the Rules of the City of New York Governing the New York City Identification Program ("IDNYC Card Program")

Location: 
2nd Floor Auditorium
125 Worth Street
New York, NY 10007
Contact: 

Email: IDNYCRule@dss.nyc.gov
Mail: IDNYC, Attn: Nathaniel Hobelman, One MetroTech Center, Suite 1801, Brooklyn, NY 11201
Fax: 718-250-5916
Telephone: 929-221-7668
Requests to receive sign language and/or foreign language interpretation assistance and a reasonable accommodation of a disability must be made by 08/14/19.

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of 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 through July 2018, these programs, together with other City rehousing initiatives, have helped over 97,000 people exit or avoid entering a City shelter.

In September 2017, a so-ordered settlement in the matter of Tejada v. Roberts, Index No. 453245/2015 (Sup. Ct., NY County), paved the way for New York to replace the New York State Family Eviction Prevention Supplement (FEPS) program with 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 is now establishing the City Fighting Homelessness and Eviction Prevention Supplement (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 has been working to combat source of income discrimination and owners’ resistance to subsidized vouchers in the housing market, and a streamlined program should advance this goal by reducing misinformation and simplifying administration.

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 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 as is the case for the State FHEPS program established pursuant to the settlement in Tejada v. Roberts.
• Set forth renewal criteria beyond the first year of the program, such as allowing renewal beyond five years under certain circumstances as is the case for the State FHEPS program established pursuant to the settlement in Tejada v. Roberts.
• 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.

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

Effective Date: 
Mon, 10/29/2018

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.

______________________________________

* 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

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