N.Y. Comp. Codes R. & Regs. tit. 18 § 352.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 352.6 - Miscellaneous shelter allowances and grants

(a)

(1) A social services official shall provide funds for household moving expenses utilizing the least costly practical method of transportation, a rent security deposit, and/or a brokers' or finders' fee only when, in his judgment, one of the following conditions exists:

(i) the move is to a less expensive rental property and the amount paid for a security deposit and moving expenses is less than the amount of a two-year difference in rentals; or

(ii) the move is necessitated by one of the following criteria:

(a) the need to move results from a disaster/catastrophe and/or a vacate order placed against the premises by a health agency or code enforcement agency;

(b) the move is necessitated by a serious medical or physical handicap condition. Such need must be verified by specific medical diagnosis;

(c) the individual or family is rendered homeless as a result of having been put out by another occupant with whom they were sharing accommodations;

(d) the move is from temporary to permanent housing;

(e) the move is from permanent housing to temporary housing whenever necessary due to the unavailability of permanent housing;

(f) the move is from one temporary accommodation to another temporary accommodation whenever necessary due to the unavailability of permanent housing;

(g) the move is from an approved relocation site or to an approved cooperative apartment; or

(h) there is a living situation which adversely affects the mental or physical health of the individual or family, and the need for alternate housing is urgent, and not issuing a security deposit, moving expenses and/or brokers' or finders' fees would prove detrimental to the health, safety and well-being of the individual or family.

(2) A security deposit and/or brokers' or finders' fees shall be provided only when an applicant or recipient is unable to obtain a suitable vacancy without payment of such allowances.

(3) Documentation of the need for a security deposit, moving expenses and/or brokers' or finders' fees shall be fully recorded in the case record.

(b) Avoidance of abuses in connection with rent security deposits.

(1) Whenever a landlord requires that he be secured against nonpayment of rent or for damages as a condition to renting a housing accommodation to a recipient of public assistance, a local social services official may secure the landlord by either of the following means:

(i) by means of an appropriate agreement between the landlord and the social services official; or

(ii) by depositing money in an escrow account, not under the control of the landlord or landlord's agent, subject to the terms and conditions of an agreement between the landlord and the social services official in such form as the department may require or approve; provided, however, that the provisions of this subparagraph do not apply where a public assistance recipient resides in public housing.

(2) A social services official may not pay money to a landlord to be held as a security deposit against the payment of rent or for damages by a public assistance recipient, or issue a grant to a recipient of public assistance therefor, except as provided in paragraph (3) of this subdivision.

(3) When, in the judgment of a social services official, housing accommodations available in a particular area are insufficient to accommodate properly recipients of public assistance in need of housing, and in order to secure such housing, it is essential that the official pay money to landlords to be held as security deposits against the nonpayment of rent or for damages by public assistance recipients or to issue grants to recipients of public assistance therefor, such social services official may pay or furnish funds for such security deposits until sufficient housing accommodations are available in the particular area to accommodate properly recipients of public assistance in need of housing. Social services officials must not pay or furnish such funds where recipients of public assistance reside in public housing. In no case will temporary residence in a shelter, including those defined in Part 900 or 1000 of this Title, a hotel/motel or any other such emergency or transitional residential facility be considered sufficient housing accommodations for purposes of this paragraph. Landlords receiving such security deposits must comply with the provisions of article seven of the General Obligations Law. The recipient is required to assign to the social services official any right the recipient may have to the return of the security deposit and interest accrued thereon. Any social services official paying or furnishing funds for a security deposit in accordance with this paragraph must make diligent efforts to recover such payments or funds from the landlord as allowed by law. Such efforts must not delay recoupment or recovery from a recipient if recovery or recoupment from the recipient is required by this section.

(c) Recovery of rent security payments.

(1) If as a result of nonpayment of the shelter allowance, the security deposit or security agreement for nonpayment of rent is required to be paid to the landlord, such payment must be considered to be an overpayment made to the recipient and as such, must be recovered according to the provisions of section 352.31(d) of this Part. If rent has not been paid due to a legitimate landlord/tenant dispute, a rent strike or as a result of the application of section 143-b of the Social Services Law, such payment is not an overpayment and cannot be recouped or recovered.

(2) When a security deposit or monies under a security agreement are paid to a landlord for damages caused by a recipient, such payment must be considered an overpayment and must be recovered from a recipient pursuant to the provisions of section 352.31(d) of this Part provided that a social services official has conducted (or arranged for) a pre-tenancy and post-tenancy inspection or survey of the premises, or verified by some other means that the damages were caused by the recipient. The condition of the premises when the recipient moves in and when the recipient moves out must be documented and agreed to by signature of the landlord and the recipient. If the verification does not confirm that there are damages caused by the recipient, then cash must not be issued under a security agreement or, if a cash security deposit had been issued and the landlord retains it for alleged damages, the social services official must attempt to recover the deposit from the landlord. When the verification confirms that the recipient caused the damages, the district must recover the deposit amount from the recipient.

(d) When nonpayment of the shelter allowance or client-caused damages as confirmed by a pre-tenancy inspection and post-tenancy inspection or survey conducted (or arranged for) by the social services district or by some other means of verifying that the damages were caused by the recipient pursuant to paragraph (c)(2) of this section necessitates the authorization of finders' or brokers' fees, or household moving expenses, such payments must be considered to be overpayment made to the recipient and as such, must be recovered according to the provisions of section 352.31(d) of this Part. If rent has not been paid due to a legitimate landlord/tenant dispute, a rent strike or as a result of the application of section 143-b of the Social Services Law, such payments are not overpayments and cannot be recouped or recovered.

(e) Unless prohibited by State or Federal law or regulation, an allowance for expenses, not otherwise authorized under this Title, for the repair, maintenance or retention of housing occupied by, but not owned by, a recipient of public assistance must be paid when necessary for the health and safety of the recipient and his or her family, when other appropriate housing is not available and when the payment is necessary to permit the recipient and his or her family to remain in the housing. An allowance for expenses for repair and maintenance shall be paid only when the owner of the housing is not obligated to provide the repair or maintenance. An allowance under this subdivision does not include payments for utility deposits for gas and electricity, payments covered under subdivision (b) of this section, payments for rent, property taxes or mortgage arrears and payments for litigation costs of any kind, including attorney's fees.

(f) An allowance for storage of furniture and personal belongings must be made when it is 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, such as:

(i) Legal and identification documents;

(ii) Kitchen items, such as tables and chairs, cookware, appliances, dishware, glassware and utensils;

(iii) Bedding and towels;

(iv) Clothing of the household members ;

(v) Washing machine and dryer;

(vi) Assistive medical devices;

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

(viii) Household electronic devices;

(ix) Items needed for educational purposes; and

(x) Personal keepsakes, including children's toys, high chairs, and changing tables.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.6

Amended, New York State Register March 1, 2017/Volume XXXIX, Issue 09, eff.4/14/2017