TDA-46-15-00005-P Storage of Furniture and Personal Belongings

11/18/15 N.Y. St. Reg. TDA-46-15-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 46

November 18, 2015

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-46-15-00005-P

Storage of Furniture and Personal Belongings

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 352.6(f) and 397.5(k) of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d), 34(3)(f), 131(1) and 303(1)(k)

Subject:

Storage of furniture and personal belongings.

Purpose:

Provide clarification regarding allowances for the storage of furniture and personal belongings.

Text of proposed rule:

Subdivision (f) of section 352.6 of Title 18 NYCRR is amended to read as follows:

(f) An allowance for storage of furniture and personal belongings [shall] must be made when it is [essential,] necessary for circumstances such as relocation, eviction or temporary shelter, so long as eligibility for public assistance continues and so long as the circumstances necessitating the storage continue to exist, and no other storage options exist.

(1) Furniture to be stored must not exceed the rooms and items in schedule SA-4a of section 352.7(a)(2) of this Part. Furniture to be stored cannot exceed the amount needed for the household size.

(2) Personal belongings to be stored cannot exceed the amount needed for the household size and should be reasonable in number and total volume. For the purpose of storage, personal belongings are those items not found in schedule SA-4a of section 352.7(a)(2) of this Part, and are limited to the following:

(i) Legal and identification documents;

(ii) Kitchen cookware, appliances, dishware, glassware and utensils;

(iii) Bedding and towels;

(iv) Clothing of the household members;

(v) Items needed for employment, excluding business inventory except as otherwise provided for in section 352.12(a)(2) of this Part;

(vi) Household electronic devices;

(vii) Items needed for educational purposes; and

(viii) Personal keepsakes.

(3) Such allowance is limited to the furniture and personal belongings, as provided for in paragraphs (1) and (2) of this subdivision, in the household’s possession at the time the circumstance necessitating the storage occurred.

Subdivision (k) of section 397.5 of Title 18 NYCRR is amended to read as follows:

(k) Storage of furniture and personal belongings. The cost of [essential] necessary storage of furniture and personal belongings during relocation, eviction or residence in temporary shelter must be met for [as] so long as the circumstances necessitating the storage and eligibility for emergency assistance for adults continue to exist, and no other storage options exist.

(1) Furniture to be stored must not exceed the rooms and items in schedule SA-4a of section 352.7(a)(2) of this Title. Furniture to be stored cannot exceed the amount needed for the household size.

(2) Personal belongings to be stored cannot exceed the amount needed for the household size and should be reasonable in number and total volume. For the purpose of storage, personal belongings are those items not found in schedule SA-4a of section 352.7(a)(2) of this Title, and are limited to the following:

(i) Legal and identification documents;

(ii) Kitchen cookware, appliances, dishware, glassware and utensils;

(iii) Bedding and towels;

(iv) Clothing of the household members;

(v) Items needed for employment, excluding business inventory except as otherwise provided for in section 352.12(a)(2) of this Title;

(vi) Household electronic devices;

(vii) Items needed for educational purposes; and

(viii) Personal keepsakes.

(3) Such allowance is limited to the furniture and personal belongings, as provided for in paragraphs (1) and (2) of this subdivision, in the household’s possession at the time the circumstance necessitating the storage occurred.

Text of proposed rule and any required statements and analyses may be obtained from:

Matthew L. Tulio, NYS Office of Temporary and Disability Assistance, 40 North Pearl Street, Albany, New York 12243-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority:

Social Services Law (SSL) § 20(3)(d) authorizes the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to carry out its powers and duties. SSL § 34(3)(f) requires the Commissioner of OTDA to establish regulations for the administration of public assistance and care within the State. Within Title 1 of Article 5 of the SSL, which sets forth the general provisions for assistance and care, SSL § 131(1) requires social services districts (SSDs), insofar as funds are available, to provide adequately for those unable to maintain themselves, in accordance with the provisions of the SSL. There is no specific statutory authority in this Title governing the administration of an allowance for storage. Within Title 8 of Article 5 of the SSL, which governs emergency assistance for aged, blind and disabled persons, SSL § 303(1)(k) provides for an allowance for essential storage of furniture and personal belongings during such circumstances as relocation, eviction or temporary shelter.

2. Legislative Objectives:

It is the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations, and policies so that adequate provision is made for those persons unable to provide for themselves, so that, whenever possible, such persons can be restored to conditions of self-support and self-care.

3. Needs and Benefits:

The proposed regulatory amendment of 18 NYCRR §§ 352.6(f) and 397.5(k) limits the amounts and types of furniture and personal belongings that can be stored during relocation, eviction or residence in temporary shelter. Currently, there is no limit to the amount and types of furniture and personal belongings that can be stored. Families in need of storage are often facing critical housing issues. Most often these families have become homeless and are living in emergency temporary housing. In this most vulnerable time of their lives, the need for storage of household items is important not only to keep the family household items intact, but also to give peace of mind to the family members that their belongings are safe and being looked after.

The lack of clarity and specificity of the current regulations regarding the payment of storage has created significant issues for the SSDs in urban areas that are required to provide payment for these services. Some urban SSDs have had problems with the clients expanding their storage capacity while in receipt of assistance and with the lack of accountability for the items that are being stored and the items necessary to the household. There have also been concerns expressed by some urban SSDs that recipients with multiple storage units are not maximizing the available space of each storage unit and unnecessarily increasing the cost to the urban SSDs and the State.

The amended regulations would provide consistency and clarity to the eligibility and receipt of storage fee payments. These regulations would help recipients understand when the SSDs must provide storage and what items can be stored under State rules. The regulations would also enhance the ability of the SSDs to provide cost effective storage and ensure that a uniform policy is applied statewide.

4. Costs:

There would be no new cost associated with this change, insofar as the proposed regulatory amendments would be consistent with current statutory requirements. SSD staff members are already required to review applications for storage fees to determine eligibility for such payments. If the proposed amendments were adopted, the current SSD staff members would simply apply the regulatory requirements to the existing processes.

5. Local Government Mandates:

The proposed regulatory amendments would limit the amount and types of furniture and personal belongings that could be stored and would not require any new resources, procedures, or expertise to support the change. As noted above, the SSD staff would apply the new rules to their existing processes.

6. Paperwork:

There would be no additional reporting requirements or additional paperwork required to support the proposed regulatory amendments.

7. Duplication:

The proposed regulatory amendments would not duplicate, overlap or conflict with any existing State or federal regulations.

8. Alternatives:

The alternative is to leave the current 18 NYCRR §§ 352.6(f) and 397.5(k) intact. However, the amendments are needed to provide consistency and clarity to the current regulations.

9. Federal Standards:

The proposed regulatory amendments would not conflict with federal standards for use of resources.

10. Compliance Schedule:

The proposed regulatory amendments would be effective sixty days after filing. OTDA would issue an administrative directive (ADM) advising SSDs of the regulation filing date.

Regulatory Flexibility Analysis

1. Effect of rule:

The proposed regulatory amendments would have an impact on the social services districts (SSDs) in urban areas which tend to issue storage fees more frequently and for longer periods of time, than SSDs in rural areas. The proposed amendments would not impose any compliance requirements on small businesses.

2. Compliance requirements:

There would be no additional reporting requirements for SSDs or new paperwork required to support the proposed regulatory amendments. The proposed rule would not impose any programs upon the SSDs. SSDs, particularly those in urban areas, would simply need to apply the amended regulations to their existing processes. The proposed amendments would not impose any reporting, recordkeeping or other affirmative acts upon small businesses.

3. Professional services:

The proposed amendments would not require SSDs to hire additional professional services. As noted above, the current SSD staff members would simply apply the new rules to this existing process. The proposed amendments would not require small businesses to hire additional professional services.

4. Compliance costs:

The SSDs would not incur initial capital costs or annual costs to comply with the proposed regulations. The proposed regulatory amendments would not impose compliance costs on small businesses.

5. Economic and technological feasibility:

The SSDs currently have the economic and technological ability to comply with these proposed regulations. Small businesses would not need to implement or enforce the proposed regulations.

6. Minimizing adverse impact:

The proposed regulations would not have an adverse impact upon the SSDs. However, to assist the SSDs in implementing the changes, the Office of Temporary and Disability Assistance would issue an administrative directive advising SSDs of the regulatory amendments. It is anticipated that the proposed regulations could have a minimal, indirect impact on small businesses if they are renting storage space to recipients of storage fees who are not in compliance with the proposed amendments. However, to minimize this impact, persons who are out of compliance with the proposed amendments may be able to adjust their storage arrangements and again qualify for storage fees.

7. Small business and local government participation:

SSDs are in favor of the proposed amendments. The revised storage fees requirements would help ensure that a uniform storage fee policy is applied statewide. Also it is anticipated that the public, as well as small business owners, would be supportive of regulatory amendments that would help prevent the unnecessary use of resources.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not required because the proposed regulatory amendments would neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas. Social services districts (SSDs) in rural areas issue storage fees less frequently and for shorter periods of time, than SSDs in urban areas. In addition, rural SSDs have not had problems with clients expanding their storage capacity while in receipt of assistance or with the lack of accountability for the items that are being stored. As it was evident from the proposed regulatory amendments that they would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements on private entities or SSDs in rural areas, no further measures were needed to ascertain those facts and, consequently, none were taken.

Job Impact Statement

A Job Impact Statement is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they would not have a substantial adverse impact on jobs and employment opportunities in the private sector, in the social services districts (SSDs), or in the State. The proposed regulatory amendments would impose no compliance requirements on private sector businesses, and they would not substantively affect the jobs of the employees of the SSDs or the State. The purpose of the proposed regulatory amendments is to revise the current allowance for storage afforded under 18 NYCRR §§ 352.6(f) and 397.5(k) in order to limit the amount and types of furniture and personal belongings to be stored during relocation, eviction or residence in temporary shelter.

Thus, the proposed regulatory amendment would not have an adverse impact on jobs and employment opportunities in New York State.