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.
Read more about Miscellaneous Amendments Relating to the LINC and CITYFEPS Programs
Statement of Basis and Purpose of Proposed Rule
In order to implement the Mayor's priority of assisting families and individuals experiencing homelessness in securing and maintaining stable and permanent housing in the community, the Commissioner of the New York City Human Resources Administration (HRA) proposes to add Chapter 10 to Title 68 of the Rules of the City of New York to continue implementation of the HRA HOME Tenant-Based Rental Assistance (HRA HOME TBRA) Program. The program, which was established by emergency rule issued on July 31, 2015, will provide rental assistance to a limited number of families with children, adult families and pregnant women currently residing in New York City Department of Homeless Services (DHS) and HRA shelters, as well as chronically street homeless individuals. To be eligible, households must be in receipt of supplemental security income, social security disability insurance benefits, social security survivors insurance benefits or social security retirement benefits. This proposed rule is substantially similar to the emergency rule, but clarifies a number of provisions, including those addressing the household's contribution towards the rent and absences from a unit towards which HRA HOME TBRA assistance is being applied, and also adds a section addressing break-ups of applicant and participant households.
There is an urgent need for this program. Shelter census data shows that the number of families with children and adult families in the DHS shelter system remains extremely high, even taking into account the hundreds of families who have already been able to leave shelter under existing HRA rental assistance programs.
Specifically, between January 1, 2002 and December 31, 2013 the number of families with children in the DHS shelter system increased by 63 percent, including an 80 percent increase in the number of children. As of May 29, 2015, there were 11,689 families with children in the DHS shelter system, including 23,331 children. Similarly, the number of adult families in the DHS shelter system increased by 59 percent between July 1, 2004 and December 31, 2013.
As shelter census has increased, the DHS shelter system has continued to experience extremely low vacancy rates. Indeed, on September 23, 2015, the vacancy rate for shelters for families with children was 0.84 percent and the vacancy rate for adult family shelters was 0.48 percent.
Census data also demonstrates the urgent need for an additional program available to chronically street homeless individuals. In addition to the men and women in DHS shelters for single adults and adult families, the City estimates that as of January 2015 there were over 3,000 unsheltered individuals living on the streets, in parks, and in other public spaces of the City, including the subway system.
Finally, shelter census data also shows the urgent need for a rental assistance program targeted to those in receipt of various forms of social security benefits. Households in receipt of such benefits comprise approximately 24 percent of the families with children and approximately 40 percent of the adult families in the City shelter system. A number of individuals served in DHS Street Homeless Programs who are in receipt of social security benefits may also benefit from this program.
Over a two-year period, the HRA HOME TBRA Program will assist approximately 1,250 households to obtain permanent housing and become securely housed in the community.
HRA's authority for this proposed rule may be found in Sections 92.205 and 92.209 of Title 24 of the Code of Federal Regulations; the City of New York's Consolidated Plan, promulgated pursuant to Part 91 of Title 24 of the Code of Federal Regulations and approved by the United States Department of Housing and Urban Development on May 29, 2015; 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.
"Shall" and "must" denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.
rent supplement
HOME TBRA
HRA Home Tenant -Based Rental Assistance Program
Spector Hall
22 Reade Street First Floor
929-221-5188 constituentaffairs@hra.nyc.gov
hra_home_tbra_proposed_permanent_rule_-_with_certifications.pdf
Read more about HRA HOME Tenant-Based Rental Assistance Program
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.
Read more about The City Family Eviction Prevention Supplement Program and the City Family Exit Plan Supplement Program ("CITYFEPS Programs")
In order to implement the Mayor's priority of 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) has established six Living in Communities (LINC) Rental Assistance Programs. The LINC I, II, III and VI programs are specifically targeted to families with children residing in shelters operated by or on behalf of DHS or HRA, while the LINC IV and V programs are targeted to single adults and adult families residing in DHS shelter, on the streets, or at risk of entry into DHS shelter.
HRA now amends Chapter 7 of Title 68 of the Rules of the City of New York by: (1) amending certain provisions concerning the LINC III Rental Assistance Program; and (2) adding a new subchapter C continuing the LINC VI Family and Friend Reunification Rental Assistance Program, which was established by emergency rule issued on March 13, 2015.
Amendments to Certain Provisions Concerning the LINC III Program
The LINC III Rental Assistance Program was established by emergency rule in September 2014, and a final rule concerning the program was adopted in December 2014 and became effective in January 2015.
The LINC III program provides rental assistance to families with children in HRA and DHS shelter whom HRA has certified as victims of domestic violence. Under current initial and continued eligibility requirements, a household must be in receipt of Public Assistance and include a child in order to initially receive and continue to receive LINC III rental assistance.
The amendments to the provisions of Chapter 7 concerning LINC III:
· Authorize HRA to continue to pay rental assistance on behalf of survivors of domestic violence even if they secure employment and become ineligible for Public Assistance, or if their household no longer includes a child. These amendments will prevent survivors of domestic violence and their families from re-entering shelter.
· Under some circumstances, permit members of LINC III households who are not on Public Assistance to contribute a portion of their income to rents higher than they would otherwise be permitted under the current rule. This flexibility would be similar to that provided by the existing Family Eviction Prevention Supplement program administered by New York State. This amendment will allow more families to be able to relocate from shelter to permanent housing.
· Enable households who have lost their Public Assistance for reasons other than increased income or due to a sanction and subsequently have their Public Assistance reinstated within a year to also have their LINC III rental assistance restored. This is a new amendment that was not included in the proposed rule.
Finally, this proposed rule includes a number of technical amendments to the provisions relating to the LINC III program.
The LINC VI Family and Friend Reunification Rental Assistance Program
The LINC VI Family and Friend Reunification Rental Assistance Program, established by emergency rule in March 2015, helps relocate families currently residing in shelter to housing with friends and relatives. Over a twelve-month period, the program will assist approximately 500 families with children. The program is available on a first-come first-served basis to families who have resided in shelter for at least 90 consecutive days and who can identify a household consisting of relatives or friends willing to host them; rental assistance will be provided on behalf of LINC VI program participants to these "host families." Under the proposed rule, the program was only available to clients currently in shelter with shelter stays of at least 90 days. The final rule extends initial eligibility to those who have recently exited shelter after a stay of 90 days or more and are reapplying for shelter. The program will be subject to a review of annual funding.
The proposed Subchapter C pertaining to the LINC VI program sets forth:
definitions applicable to the subchapter;
a general description of responsibility for program administration and eligibility determinations;
eligibility and renewal requirements;
a description of how the monthly rental assistance amounts are calculated;
review and appeal procedures; and
additional provisions, including a description of certain program benefits as well as requirements for program participants and participating host families.
Read more about Living in Communities (LINC) VI and Amendments to LINC III
HRA now proposes to amend Chapter 7 of Title 68 of the Rules of the City of New York by: (1) amending certain provisions concerning the LINC III Rental Assistance Program; and (2) adding a new subchapter C continuing the LINC VI Family and Friend Reunification Rental Assistance Program, which was established by emergency rule issued on March 13, 2015.
The proposed rule would authorize HRA to:
· Continue to pay rental assistance on behalf of survivors of domestic violence even if they secure employment and become ineligible for Public Assistance, or if their household no longer includes a child. These amendments will prevent survivors of domestic violence and their families from re-entering shelter.
The LINC VI Family and Friend Reunification Rental Assistance Program, established by emergency rule in March 2015, helps relocate families currently residing in shelter to housing with friends and relatives. Over a twelve-month period, the program will assist approximately 500 families with children. The program is available on a first-come first-served basis to families in shelter for at least 90 consecutive days who can identify a household consisting of relatives or friends willing to host them; rental assistance will be provided on behalf of LINC VI program participants to these "host families." The program will be subject to a review of annual funding.
homeless families and children
Living in Communities Rental Assistance Programs (LINC): LINC VI and Amendments to LINC III
929-221-5188, constituentaffairs@hra.nyc.gov
hra_notice_and_proposed_rule_-_linc_vi_and_amendments_to_linc_iii.pdf
Read more about Living in Communities Rental Assistance Programs: LINC VI and Amendments to LINC III
In order to implement the Mayor's priority of moving families from shelter 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) is promulgating this rule to add Chapter 7 to Title 68 of the Rules of the City of New York to continue implementation of three new rental assistance programs targeted to specific populations within the City's homeless shelter system. These three rental assistance programs, which were established by an emergency rule issued on September 5, 2014, are collectively referred to as the Living in Communities or "LINC" Rental Assistance Programs. The purpose of these programs is to assist low-income working families, vulnerable families, and families whose lives have been affected by domestic violence move out of shelter into stable housing, and to assist those families to remain stably housed in their communities. The LINC I and LINC II programs are joint programs of the City of New York and the State of New York. The LINC III program is a City of New York program.
HRA and DHS submitted plans concerning the LINC I and LINC II programs to the New York State Office of Temporary and Disability Assistance (OTDA) for approval in accordance with Section 352.3(a)(3) of Title 18 of the New York Codes, Rules and Regulations. The plans were so approved by OTDA on August 1, 2014. Because HRA is not seeking State reimbursement for the LINC III program, a plan was not submitted to OTDA for its approval.
The urgent need for these programs is established by census data from DHS establishing that the number of families in the DHS shelter system is at a record high. Census data also demonstrates the urgent need for a rental assistance program targeted to families whose lives have recently been affected by domestic violence. As of June 2014, there were 1,099 families, including 1,917 children, in HRA's domestic violence shelters. Due to a lack of housing resources, nearly 100 families had to enter the DHS shelter system between May and July of 2014 because they had reached the maximum length of stay of 180 days in a domestic violence shelter under State regulation and had no other housing options. As of July 2014, over 1,000 families in the DHS shelter system were survivors of domestic violence certified by HRA.
Subject to an annual review of available funding, the LINC Rental Assistance Programs will consist of three programs: LINC I, LINC II, and LINC III. In the first year of the program:
LINC I will assist approximately 1,101 families in shelter who are working full-time but are unable to afford stable housing on their own to relocate from the City shelter system;
LINC II will assist approximately 970 families in shelter who are identified within vulnerable populations and who need additional assistance and supports to relocate from the City shelter system and become securely housed in the community; and
LINC III will provide rental assistance for up to 1,900 families recently affected by domestic violence to relocate them from the City shelter system, approximately 900 families in HRA domestic violence shelters and approximately 1,000 families in DHS shelters who HRA has certified as survivors of domestic violence.
In all three programs, priority has been and will continue to be given to families who have been in shelter the longest.
The rule sets forth definitions applicable to the chapter (Section 7-01); a general description of responsibility for program administration and eligibility determinations (Section 7-02); program-specific eligibility, certification, and renewal requirements (Sections 7-03, 7-04, and 7-05); a description of how monthly program participant contributions and the monthly rental assistance amounts are calculated (Section 7-06); review and appeal procedures (Sections 7-07 and 7-08); and additional provisions, including a description of certain program benefits as well as requirements for program participants and participating landlords (Section 7-09).
The rule has been revised to clarify the definition of unearned income, remove references to emergency assistance to conform the rule with the plans approved by OTDA, clarify citations to applicable State regulations, and remove the description of the effect of LINC assistance on the calculation of Supplemental Nutrition Assistance Program benefits because such calculation is governed by State law and accompanying regulations. In addition, in response to a public comment, the rule was revised to describe HRA's process related to reviewing eligibility requirements at the time of renewal and assisting households with maintaining eligibility at such time as appropriate.
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 sections 352.3(a)(3) and 352.6 of Title 18 of the New York Codes, Rules and Regulations.
Read more about "Living in Communities (LINC) Rental Assistance Programs"
In order to implement the Mayor's priority of moving families from shelter 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 add Chapter 7 to Title 68 of the Rules of the City of New York to continue implementation of three new rental assistance programs targeted to specific populations within the City's homeless shelter system. These three rental assistance programs, which were established by an emergency rule issued on September 5, 2014, are collectively referred to as the Living in Communities or "LINC" Rental Assistance Programs. The purpose of these programs is to assist low-income working families, vulnerable families, and families whose lives have been affected by domestic violence move out of shelter into stable housing, and to assist those families to remain stably housed in their communities. The LINC I and LINC II programs are joint programs of the City of New York and the State of New York. The LINC III program is a City of New York program.
The proposed rule sets forth definitions applicable to the chapter (Section 7-01); a general description of responsibility for program administration and eligibility determinations (Section 7-02); program-specific eligibility, certification, and renewal requirements (Sections 7-03, 7-04, and 7-05); a description of how monthly program participant contributions and the monthly rental assistance amounts are calculated (Section 7-06); review and appeal procedures (Sections 7-07 and 7-08); and additional provisions, including a description of certain program benefits as well as requirements for program participants and participating landlords (Section 7-09).
LINC Rental Assistance Programs Proposed Rule
New York City Human Resources Administration Headquarters
180 Water Street, 12th Floor
For assistance at the hearing: 929-221-5188
To submit public comments by email: constituentaffairs@hra.nyc.gov
living_in_communities_linc_rental_assistance_programs_-_notice_of_public_hearing_and_proposed_rule.pdf
Read more about Living in Communities (LINC) Rental Assistance Programs