PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
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, ch. 53; L. 2011, ch. 53; L. 2012, ch. 53; L. 2013, ch. 53; L. 2014 ch. 53; L. 2015, ch. 53; L. 2010, chs. 58 and 110
Subject:
Monthly Shelter Supplements.
Purpose:
To update State regulations to reflect current State law.
Text of proposed rule:
Amend subparagraph (i) of paragraph (3) of subdivision (a) of section 352.3 of Title 18 NYCRR to read as follows:
(i) A social services district, with the approval of the Office of Temporary and Disability Assistance, may provide [an] additional monthly shelter [supplement] supplements to [families with children who are] public assistance applicants [or] and recipients [and] who will reside in private housing, or who currently reside in private housing and are facing eviction. Social services districts choosing to provide [a supplement] such supplements must submit a plan to the Office of Temporary and Disability Assistance, attention: [Division of Temporary Assistance] Center for Employment and Economic Supports, prior to providing [the supplement] any such supplements. Plans submitted to the office must include: justification for providing [a supplement] the supplement(s), the targeted population, the amount of the [supplement] supplement(s) and any additional information as required by the office. The [supplement] supplement(s) must be a monthly amount that, when combined with the shelter allowance, does not exceed the rental obligation or home ownership shelter expenses of the applicant or recipient. The amount of the shelter supplement is not part of the standard of need.
Text of proposed 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.gov
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 establish 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.
SSL § 131(1) requires social services districts, insofar as funds are available for that purpose, to provide adequately for those persons who are unable to maintain themselves, in accordance with the provisions of the SSL.
Beginning with Chapter 53 of the Laws of 2009, and then continuing in Chapters 58 and 110 of the Laws of 2010 and Chapters 53 of the Laws of 2011, 2012, 2013, 2014 and 2015, the enacted appropriations language authorizes social services districts to provide shelter supplements at local option to safety net and family assistance households in order to prevent eviction and address homelessness in accordance with social services district plans approved by OTDA and the Director of the Budget, provided, however, that such supplements will not be part of the standard of need, pursuant to SSL § 131-a.
2. Legislative Objectives:
It was 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 who are unable to provide for themselves, so that, whenever possible, such persons can be restored to a condition of self-support and self-care.
3. Needs and Benefits:
The current regulation at 18 NYCRR § 352.3(a)(3)(i) allows social services districts, with the approval of OTDA, to provide additional monthly shelter supplements to families with children who are public assistance applicants or recipients and who will reside in private housing. This proposed amendment would update 18 NYCRR § 352.3(a)(3)(i) to reflect current State law by extending the authority to provide additional monthly shelter supplements to eligible public assistance applicants and recipients, including single adults and childless couples. The proposed amendment also would clarify that public assistance applicants and recipients who will reside in private housing or who currently reside in private housing and are facing eviction may be eligible for the additional monthly shelter supplements. The proposed amendment would specify that whether the eligible persons are renters or home owners, their monthly supplements may not exceed their rental obligations or their home ownership shelter expenses, respectively.
Beginning in 2009, the enacted appropriations language authorized social services districts to provide shelter supplements at local option to safety net and family assistance households consisting not only of families with children, but also of single adults and childless couples. OTDA issued an Administrative Directive, transmittal 09-ADM-10, on May 28, 2009, informing the social services districts of the changes to the State law that provided authority for public assistance shelter allowance supplements for single adults and childless couples to prevent eviction and address homelessness.
For homeless households that are moving from temporary housing to permanent housing, public assistance can be a stabilizing factor allowing households to begin working or increase earnings as they receive assistance to help pay bills, purchase food and meet their monthly rent. When necessary, rent supplements are also a stabilizing factor to help pay for some of the rent until the households become self-sufficient.
4. Costs:
This proposed amendment would have no fiscal impact upon the State or the social services districts. The proposed amendment reflects the current policies and practices of OTDA and the social services districts.
5. Local Government Mandates:
The proposed amendment would not impose any additional programs, services, duties or responsibilities upon the social services districts. The proposed amendment is simply needed to bring the State regulations into compliance with State appropriations language.
6. Paperwork:
There will be no additional forms required to support this proposed amendment.
7. Duplication:
The proposed amendment does not duplicate, overlap or conflict with any existing State or federal regulations. This change is necessary to bring State regulations into compliance with State law.
8. Alternatives:
The alternative is to leave 18 NYCRR § 352.3(a)(3)(i) intact. However, that is not a viable option. The current regulatory provision does not accurately reflect statutory authority.
9. Federal Standards:
The proposed amendment does not conflict with federal standards for public assistance.
10. Compliance Schedule:
The social services districts are already in compliance with the statutory requirements and thus with the proposed amendment.
Regulatory Flexibility Analysis
1. Effect of rule:
The proposed amendment would have no impact on small businesses or the 58 social services districts in the State. The proposed amendment is simply needed to bring the State regulations into compliance with State appropriations language. This proposed amendment reflects the current policies and practices of OTDA and the social services districts.
2. Compliance requirements:
The social services districts are already in compliance with the State statutory requirements and thus with the proposed amendment.
3. Professional services:
The proposed amendment would not require social services districts to hire additional professional services to comply with the amendment.
4. Compliance costs:
The proposed amendment would have no fiscal impact on the social services districts.
5. Economic and technological feasibility:
The social services districts already have the economic and technological ability to comply with the proposed amendment.
6. Minimizing adverse impact:
The proposed amendment would not have an adverse economic impact on the social services districts.
7. Small business and local government participation:
The social services districts did not participate in the development of this proposal, because all portions of the amendment are necessary to comply with enacted appropriations language. However, OTDA did develop an Administrative Directive (ADM), transmittal 09-ADM-10, to explain the State statutory requirements after Chapter 53 of the Laws of 2009 was enacted. All of the social services districts had an opportunity to review and comment on the draft version of the ADM. The social services districts did not raise any objections or concerns regarding the implementation of the statutory requirements.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
The proposed amendment will have no impact on the 44 rural social services districts in the State. The proposed amendment is simply needed to bring the State regulations into compliance with State appropriations language. This proposed amendment reflects the current policies and practices of the rural social services districts.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
The rural social services districts are already in compliance with the State statutory requirements and thus with the proposed amendment. The rural social services districts will not need to hire any additional professional services.
3. Costs:
The proposed amendment would have no fiscal impact on the rural social services districts.
4. Minimizing adverse impact:
There will be no adverse economic impact on the rural social services districts.
5. Rural area participation:
The rural social services districts did not participate in the development of this proposal because all portions of the amendment are necessary to comply with enacted appropriations language. However, OTDA developed an Administrative Directive (ADM), transmittal 09-ADM-10, to explain the State statutory requirements after Chapter 53 of the Laws of 2009 was enacted. All of the social services districts, including those in rural areas, had an opportunity to review and comment on the draft version of the ADM. The rural social services districts did not raise any objections or concerns regarding the implementation of the statutory requirements.
Job Impact Statement
A Job Impact Statement is not required for the proposed amendment. It is apparent from the nature and the purpose of the proposed amendment that it would not have a substantial adverse impact on jobs and employment opportunities in New York State. The proposed amendment would not affect private businesses. The proposed amendment would not affect the jobs of the workers in the social services districts or at OTDA. Thus the changes would not have any adverse impact on jobs and employment opportunities in New York State.
