6/15/16 N.Y. St. Reg. TDA-37-15-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 352.3(a)(3)(i) of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f) and 131(1); L. 2009, 2011-2015, ch. 53; L. 2010, chs. 58, 110
Subject:
Monthly Shelter Supplements.
Purpose:
To update State regulations to reflect current State law.
Text or summary was published
in the September 16, 2015 issue of the Register, I.D. No. TDA-37-15-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Matthew L. Tulio, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, New York 12243-0001, (518) 486-9568, email:
Matthew.Tulio@otda.ny.govInitial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Office of Temporary and Disability Assistance (OTDA) received one comment from a social services district relative to the regulatory proposal. The comment has been reviewed and duly considered in the Assessment of Public Comments.
The one comment received by OTDA suggested that OTDA should consider raising the shelter allowances for all recipients, as opposed to only providing shelter supplements to some individuals. OTDA maintains that the regulatory amendments are appropriate and needed. The amendments to 18 NYCRR § 352.3(a)(3)(i) reflect current statutory requirements by extending the regulatory authority to provide additional monthly shelter supplements to eligible public assistance applicants and recipients, including childless couples and single adults. The suggestion to raise shelter allowances for all recipients is outside the scope of the Notice of Proposed Rulemaking because it relates to the overall shelter allowance levels, rather than the shelter supplement program.