NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2525
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to increasing from
$300 a month to $725 a month the rent subsidy payable to a foster child
living independently
PURPOSE OR GENERAL IDEA OF BILL:
This bill will ensure the housing subsidy program is better able to
prevent homelessness and address housing instability for families and
youth aging out of foster care, this statute includes two components:
*Increases the monthly limit to $725 (from $300)
*Increases the upper age limit of subsidy eligibility from 21 to 24 so
that youth who age out of foster care from ages 18-21 can avail them-
selves of the subsidy for up to 3 years.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 5, paragraph (c) of section
409-a of the social services law as amended by chapter 624 of the laws
of 2019 to increase from $300 a month to $725 a month, the maximum rent
subsidy or assistance for foster care youth who are leaving care. The
subsidy is allowed when a social services official determines that a
lack of adequate housing is the primary factor preventing the discharge
of a child or children from foster care.
Section 2 amends subdivision 7 of section 409-a of the social services
law to provide the same increase in the maximum rent subsidy or assist-
ance in relation to foster care preventive services. Section 3 provides
for this act to take effect immediately. Section 3 is the effective
date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This amendment restores the bill to its A-print, which increases the
maximum monthly rent subsidy or assistance amount to $725 (rather than
to $600, as provided in original version) based on updated inflation
rate data. It does not include language from the B-print which would
have required that in subsequent years, the commissioner set the maximum
monthly rent subsidy or assistance amount at the previous fiscal year
amount, indexed to any positive growth in the Consumer Price Index.
JUSTIFICATION:
Housing stability and child welfare are inextricably linked. Research
has shown a higher rate of homelessness among those involved with the
child welfare system than other low-income families and that housing can
be a barrier to reunification.i "Homeless families are more likely than
their non-homeless counterparts to be the focus of a child protective
services (CPS) investigation, to have an open child welfare case or to
have a child placed in out of home care. ii Furthermore, as documented
in a recent U.S. Department of Housing and Urban Development (HUD)
report, youth who age out of foster care are at a heightened risk of
homelessness. iii
In 1988, New York created the child welfare housing subsidy to help
address homelessness and housing instability for families with open
child welfare cases and youth aging out of foster care. Specifically,
since 1988, the law has authorized local social service districts to
provide eligible families and youth with a housing subsidy of up to $300
per month for up to 3 years or until reaching the limit of $10,800. The
housing subsidy program is a preventive service, pursuant to State
Social Service law and corresponding regulations.iv The goal of the
child welfare housing subsidy program is to stabilize housing situations
and prevent homelessness so as to help prevent foster care placements,
expedite reunification, and help youth aging out of foster care. Thus,
families with open CPS investigations, families receiving preventive
services, families where children are reunifying from foster care, and
youth ages 18-21 have been eligible for the housing subsidy.
Given that the $300 monthly limit has not increased since 1988, has not
been adjusted for inflation, and does not reflect the Fair Market Rent
in New York City (or almost all counties in New York), the $300 housing
subsidy is no longer a significant enough rental assistance mechanism to
secure and stabilize housing for families or youth. aging out of foster
care in almost any county in New York State. If the $300 subsidy is
adjusted for inflation using the United States Department of Labor
Consumer Price Index (CPI) inflation calculator, $300 in 1988 has the
same buying power as $720.69 in 2021.
With regard to New York's youth, the child welfare laws enable youth to
remain in foster care up to age 21. For those youth who choose to do
this, they are not ever able to receive the housing subsidy, as it has
been interpreted to end at age 21. These youth never get the opportunity
to avail themselves of the child welfare housing subsidy, which would
otherwise be an important support for these young adults as they first
learn to live on their own, pay rent, and support themselves. The feder-
al government has recognized the value of enabling youth to remain in
foster care through age 21 (rather than 18) and in 2008 passed the
Fostering Connections to Success Act, which extended federal reimburse-
ment for foster care up to age 21.0ther states are now beginning to
follow New York's lead in this area. Extending the child welfare housing
subsidy through age 24 would be in line with this practice and best
support young people through age 21 and beyond.
In summary, these steps would go a long way towards helping to address
the homeless crisis, and will strengthen and support families. involved
with the child' welfare system and youth aging out of foster care.
PRIOR LEGISLATIVE HISTORY:
A.1777C (2021-2022); A.2302 (2019-2020); A.259 (2017-2018); A.7756-A
(20152016)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately.
i Dworsky, Amy. Families at the Nexus of Housing and Child Welfare.
Chapin Hall. Nov. 2014.
HTTP://CHILDWELFARESPARC.ORQ(WP-CONTENT/UPLOADS/
acns/12/FAMILIES-AT-THE-NEXUSOF- HOUSING-AND-CHILDWELFARE.PDF. ii Id.
iii U.S. Department of Housing and Urban Development (HUD). Housing for
Youth Aging out of Foster Care. May 2014. , HTTP//WVVW.HUDUSER.GOV/PORT
/ PUBLICATIONS/PDF/YOUTH HSG MAIN REFORT.PDF.ct. iv Social Service Law
Section 409-05) (0; i8 NYCRR 423.3 (b) (ii); 18NYCRR. 4234(1). v U.S.
Department of Labor, Bureau of Labor Statistics. CPI Inflation Calcula-
tor. https://www.b1s.gov/data/inflation_calculator.htm
STATE OF NEW YORK
________________________________________________________________________
2525
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. HEVESI, JEAN-PIERRE, DICKENS, GONZALEZ-ROJAS,
SEPTIMO, SIMON, BRABENEC -- read once and referred to the Committee on
Children and Families
AN ACT to amend the social services law, in relation to increasing from
$300 a month to $725 a month the rent subsidy payable to a foster
child living independently
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 5 of section 409-a of the
2 social services law, as amended by chapter 624 of the laws of 2019, is
3 amended to read as follows:
4 (c) Notwithstanding any other provision of this section, where a
5 social services official determines that a lack of adequate housing is
6 the primary factor preventing the discharge of a child or children from
7 foster care including, but not limited to, children with the goal of
8 discharge to independent living, preventive services shall include, in
9 addition to any other payments or benefits received by the family,
10 special cash grants in the form of rent subsidies, including rent
11 arrears, or any other assistance, sufficient to obtain adequate housing.
12 Such rent subsidies or assistance shall not exceed the sum of [three]
13 seven hundred twenty-five dollars per month, shall not be provided for a
14 period of more than three years, may be provided up to age twenty-four
15 for youth discharged from foster care, and shall be considered a special
16 grant. Nothing in this paragraph shall be construed to limit the ability
17 of those using such rent subsidy to live with roommates. The provisions
18 of this paragraph shall not be construed to limit such official's
19 authority to provide other preventive services.
20 § 2. Subdivision 7 of section 409-a of the social services law, as
21 amended by chapter 624 of the laws of 2019, is amended to read as
22 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05002-01-3
A. 2525 2
1 7. Notwithstanding any other provision of this section, if a social
2 services official determines that a lack of adequate housing is a factor
3 that may cause the entry of a child or children into foster care and the
4 family has at least one service need other than lack of adequate hous-
5 ing, preventive services may include, in addition to any other payments
6 or benefits received by the family, special cash grants in the form of
7 rent subsidies, including rent arrears, or any other assistance, suffi-
8 cient to obtain adequate housing. Such rent subsidies or assistance
9 shall not exceed the sum of [three] seven hundred twenty-five dollars
10 per month, shall not be provided for a period of more than three years,
11 may be provided up to age twenty-four for youth discharged from foster
12 care, and shall be considered a special grant. Nothing in this subdivi-
13 sion shall be construed to limit the ability of those using such rent
14 subsidy to live with roommates. The provisions of this paragraph shall
15 not be construed to limit such official's authority to provide other
16 preventive services.
17 § 3. This act shall take effect immediately.
