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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

 

 

To implement the Mayor’s priority of preventing homelessness and moving households into stable housing, and in a joint effort with the Commissioner of the New York City Department of Homeless Services (DHS), the Commissioner of the New York City Human Resources Administration (HRA) makes various changes to the Living in Communities (LINC) Rental Assistance Programs and the City Family Eviction Prevention Supplement and City Family Exit Plan Supplement (CITYFEPS) Programs.  Specifically, HRA makes the following amendments to Chapters 7 and 8 of Title 68 of the Rules of the City of New York:

 

 

 

·         Authorize HRA to increase the maximum rents in the LINC I, LINC II, LINC III, LINC IV, LINC V and CITYFEPS programs for households with five or more individuals where HRA has determined that they are unlikely to secure housing within the next 90 days at the rents otherwise permitted under the rule.  (See sections 4, 5, 11 and 18 of the rule.)  These amendments allow HRA to continue to ensure that existing rental assistance programs can compete in the New York real estate market.

 

 

 

·         Authorize HRA to pay one year of rental assistance payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing. (See sections 4, 6, 11 and 17 of the rule.)  The ability of HRA to offer upfront payments in connection with rental assistance programs provides an incentive to landlords to accept LINC and CITYFEPS payments for units currently used as DHS shelter, which decreases the number of households living in DHS shelter while returning much needed affordable housing units to the New York City housing market.  When such units are currently occupied by households that are eligible for LINC or CITYFEPS, landlords have an incentive to enter into leases with those households, permitting the households to exit shelter while remaining in the same housing units. This provides more stability for such households and avoids the need to transfer them to other shelter placements while they search for available apartments.

 

 

 

·         Extend LINC I, II, III and VI, which are currently limited to families with children, to pregnant women. (See sections 1-3, 7 and 14 of the rule.) These amendments allow otherwise eligible households consisting solely of a pregnant woman to participate in the LINC I, II, III and VI programs, rather than having to wait until after the birth of the baby to move from shelter into housing to which LINC rental assistance can be applied. (The other HRA rental assistance programs targeted to families with children are already available to households consisting solely of a pregnant woman.)

 

 

 

·         Increase the time within which someone may appeal from a hearing officer’s decision from five business days from delivery of the decision to fifteen business days from when HRA sends the decision. (See sections 8, 12, 15 and 19 of the rule.)

 

 

 

·         Clarify that heat and hot water must be included in rent. (See sections 9, 13 and 20 of the rule.)

 

 

 

·         Clarify that any residence towards which LINC I, II or III rental assistance is applied must be located within New York City.  (See section 10 of the rule.) (The rules governing LINC IV, V and VI and CITYFEPS already include provisions limiting rental assistance to residences located within New York City.)

 

In addition, the rule includes a number of technical amendments to the provisions describing how rental assistance amounts and program participant contributions are calculated. (See sections 4, 7 and 11 of the rule.) 

HRA’s authority for this rule is provided by 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. 

Effective Date: 
Thu, 11/19/2015

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

Agency:
Comment By: 
Tuesday, October 6, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

To implement the Mayor’s priority of preventing homelessness and moving households into stable housing, and in a joint effort with the Commissioner of the New York City Department of Homeless Services (DHS), the Commissioner of the New York City Human Resources Administration (HRA) proposes to make various changes to the Living in Communities (LINC) Rental Assistance Programs and the City Family Eviction Prevention Supplement and City Family Exit Plan Supplement (CITYFEPS) Programs.  Specifically, HRA proposes the following amendments to Chapters 7 and 8 of Title 68 of the Rules of the City of New York:

  • Authorize HRA to increase the maximum rents in the LINC I, LINC II, LINC III, LINC IV, LINC V and CITYFEPS programs for households with five or more individuals where HRA has determined that they are unlikely to secure housing within the next 90 days at the rents otherwise permitted under the rule.  (See sections 4, 5, 11 and 18 of the proposed rule.) Currently, there is an emergency rule in effect that authorizes HRA to make such increases, notwithstanding the existing provisions of Chapters 7 and 8.  The amendments proposed in this rule will allow HRA to continue to ensure that existing rental assistance programs can compete in the New York real estate market.
  • Authorize HRA to pay one year of rental assistance payments in advance to a landlord who has entered into a lease with a program participant for a unit that was used as DHS shelter immediately prior to lease signing. (See sections 4, 6, 11 and 17 of the proposed rule.) Currently, there is an emergency rule in effect that authorizes HRA to make such payments, notwithstanding the existing provisions of Chapters 7 and 8.  The ability of HRA to offer upfront payments in connection with rental assistance programs provides an incentive to landlords to accept LINC and CITYFEPS payments for units currently used as DHS shelter, which will decrease the number of households living in DHS shelter while returning much needed affordable housing units to the New York City housing market.  When such units are currently occupied by households that are eligible for LINC or CITYFEPS, landlords will have an incentive to enter into leases with those households, which will permit the households to exit shelter while remaining in the same housing units. This will provide more stability for such households and avoid the need to transfer them to other shelter placements while they search for available apartments.
  • Extend LINC I, II, III and VI, which are currently limited to families with children, to pregnant women. (See sections 1-3, 7 and 14 of the proposed rule.) These amendments will allow otherwise eligible households consisting solely of a pregnant woman to participate in the LINC I, II, III and VI programs, rather than having to wait until after the birth of the baby to move from shelter into housing to which LINC rental assistance can be applied. (LINC IV and V and CITYFEPS are already available to households consisting solely of a pregnant woman.)
  • Increase the time within which someone may appeal from a hearing officer’s decision from five business days from delivery of the decision to fifteen business days from when HRA sends the decision. (See sections 8, 12, 15 and 19 of the proposed rule.)
  • Clarify that heat and hot water must be included in rent. (See sections 9, 13 and 20 of the proposed rule.)
  • Clarify that any residence towards which LINC I, II or III rental assistance is applied must be located within New York City.  (See section 10 of the proposed rule.) (The rules governing LINC IV, V and VI and CITYFEPS already include provisions limiting rental assistance to residences located within New York City.)

In addition, the proposed rule includes a number of technical amendments to the provisions describing how rental assistance amounts and program participant contributions are calculated. (See sections 4, 7 and 11).  Finally, HRA proposes to repeal Chapter 9 of Title 68 of the Rules of the City of New York, because this proposed rule incorporates the provisions currently in Chapter 9 into Chapters 7 and 8 of Title 68 of the Rules of the City of New York. (See section 21 of the proposed rule.)

HRA’s authority for this proposed rule is provided by 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 to State approval, which is pending. 

 

Subject: 

Miscellaneous Ammendments Relating to the LINC and CITYFEPS Programs

Location: 
Spector Hall
22 Reade Street First Floor
New York , NY 10007
Contact: 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

In order to implement the Mayor’s priority of preventing homelessness and moving families with children into stable housing, the Commissioner of the New York City Human Resources Administration (HRA) adds Chapter 8 to Title 68 of the Rules of the City of New York to continue the implementation of two new rent supplement programs:  the City Family Eviction Prevention Supplement Program and the City Family Exit Plan Supplement Program (collectively, the “CITYFEPS Programs”).  These programs, which were designed in consultation with the Commissioner of the New York City Department of Homeless Services (DHS) and established by emergency rule issued on April 17, 2015, provide a monthly rent supplement to families with children who are in receipt of Public Assistance benefits from HRA and who have lost or are losing their housing as a result of an eviction proceeding, a foreclosure proceeding, a City agency vacate order, domestic violence, or other health and safety reasons, or who currently reside in a DHS shelter that has been identified for imminent closure.  The supplement enables families to rent apartments at competitive market-rate rents based on 2014 New York City Housing Authority Section 8 Voucher Payment Standards. The emergency rule was limited to families with children, but under the final permanent rule, the program will also be available to pregnant women.

 

There is an urgent need for these programs.  Shelter census data shows that the number of families with children in the DHS shelter system is at a record high, even taking into account the hundreds of families who have already been able to leave shelter under existing HRA rental assistance programs targeted to families with children.

 

Specifically, between January 1, 2002 and December 31, 2013, the number of families with children in the DHS shelter system increased by 63%, including an 80% increase in the number of children. As of April 6, 2015, there were 11,766 families in the DHS shelter system, including 23,816 children. There are nearly 3,000 families with children currently in DHS shelter as a result of eviction.  The increase in the shelter census is primarily because the length of stay of families in shelter has increased while the number of exits has declined. For example, the length of stay in shelter for families with children increased approximately 20% between August 2012 and December 2013.

As shelter census and length-of-stay rates have increased, the DHS shelter system for families with children continues to experience extremely low vacancy rates. Indeed, on April 8, 2015, the vacancy rate for families with children in the shelter system was .72%. Although 1,566 units have been added to the shelter system for families with children between April 8, 2013 and April 8, 2015, the system continues to experience high capacity levels due to the decline in vacancy rates.

 

Census data also demonstrates the urgent need for an additional program available to families whose lives have recently been affected by domestic violence. As of April 3, 2015, there were 1,021 households, including 1,570 children, in HRA domestic violence shelters, and more than 725 families in the DHS shelter system were survivors of domestic violence certified by HRA.

 

Finally, there are a number of shelters for families with children that have been identified for imminent closure. Providing a rent supplement is the best way to enable families in these shelters to be rapidly re-housed with as little disruption as possible.  Providing a rent supplement to families in a closing shelter, rather than relocating such families to another shelter, will allow them to exit the shelter system and remain in the community where the shelter is located. This will permit stability and continuity in connection with schools, jobs, and community resources and services.

Over a twelve-month period, the CITYFEPS Programs will assist approximately 1,000 families with children and pregnant women to secure permanent housing in the community. Subject to the availability of funding, the rent supplements will be continued indefinitely for these families so long as they remain eligible for these programs.

 

A public hearing regarding the proposed CITYFEPS rule was held on July 9, 2015.  Although no public comments were received, the final version of the rule includes provisions not included in the proposed rule, clarifying that a) HRA will not maintain a waitlist for the CITYFEPS programs, b) households must continue to be eligible for public assistance upon exit from shelter in order to be eligible for the CITYFEPS programs, and c) HRA shall provide to households, including those moving from shelter, moving expenses, a security deposit voucher equal to one month’s rent, and a broker’s fee equal to up to one month’s rent where available under section 352.6 of Title 18 of the New York Codes, Rules and Regulations. Additionally, an inapplicable provision that had been inadvertently included in section 8-04 of the proposed rule has been deleted.

 

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, sections 603 and 1043 of the New York City Charter, and section 352.6 of Title 18 of the New York Codes, Rules and Regulations. 

 

 

Effective Date: 
Fri, 08/14/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 9, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

In order to implement the Mayor’s priority of preventing homelessness and moving families with children into stable housing, the Commissioner of the New York City Human Resources Administration (HRA) proposes to add Chapter 8 to Title 68 of the Rules of the City of New York to continue the implementation of two new rent supplement programs. The City Family Eviction Prevention Supplement Program and the City Family Exit Plan Supplement Program (collectively, the “CITYFEPS Programs”), which were designed in consultation with the Commissioner of the New York City Department of Homeless Services (DHS) and established by emergency rule issued on April 17, 2015, provide a monthly rent supplement to families with children who are in receipt of Public Assistance benefits from HRA and who have lost or are losing their housing as a result of an eviction proceeding, a foreclosure proceeding, a City agency vacate order, domestic violence, or other health and safety reasons, or who currently reside in a DHS shelter that has been identified for imminent closure.  The supplement enables families to rent apartments at competitive market-rate rents based on 2014 New York City Housing Authority Section 8 Voucher Payment Standards. The emergency rule was limited to families with children.  The proposed permanent rule makes the program available to pregnant women as well in order to be consistent with a similar State program.

There is an urgent need for these programs.  Shelter census data shows that the number of families with children in the DHS shelter system is at a record high, even taking into account the hundreds of families who have already been able to leave shelter under existing HRA rental assistance programs targeted to families with children.

Specifically, between January 1, 2002 and December 31, 2013, the number of families with children in the DHS shelter system increased by 63%, including an 80% increase in the number of children. As of April 6, 2015, there were 11,766 families in the DHS shelter system, including 23,816 children. There are nearly 3,000 families with children currently in DHS shelter as a result of eviction.  The increase in the shelter census is primarily because the length of stay of families in shelter has increased while the number of exits has declined. For example, the length of stay in shelter for families with children increased approximately 20% between August 2012 and December 2013.
As shelter census and length-of-stay rates have increased, the DHS shelter system for families with children has experienced its lowest vacancy rates since 2005. Indeed, on April 8, 2015, the vacancy rate for families with children in the shelter system was .72%. Although 1,566 units have been added to the shelter system for families with children between April 8, 2013 and April 8, 2015, the system continues to experience high capacity levels due to the decline in vacancy rates.

Census data also demonstrates the urgent need for an additional program available to families whose lives have recently been affected by domestic violence. As of April 3, 2015, there were 1,021 households, including 1,570 children, in HRA domestic violence shelters, and more than 725 families in the DHS shelter system were survivors of domestic violence certified by HRA.

Finally, there are a number of shelters for families with children that have been identified for imminent closure. Providing a rent supplement is the best way to enable families in these shelters to be rapidly re-housed with as little disruption as possible.  Providing a rent supplement to families in a closing shelter, rather than relocating such families to another shelter, will allow them to exit the shelter system and remain in the community where the shelter is located. This will permit stability and continuity in connection with schools, jobs, and community resources and services.
Over a twelve-month period, the CITYFEPS Programs will assist approximately 1,000 families with children and pregnant women to secure permanent housing in the community. Subject to the availability of funding, the rent supplements will be continued indefinitely for these families so long as they remain eligible for these programs.

HRA’s authority for this proposed 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: 

The City Family Eviction Prevention Supplement Program and the City Family Exit Plan Supplement Program (“CITYFEPS Programs”)

Location: 
Spector Hall
22 Reade Street First Floor
New York, NY 10007
Contact: 

Contact: 929-221-5188, constituentaffairs@hra.nyc.gov

Download Copy of Proposed Rule (.pdf):