A02525 Summary:
BILL NO | A02525 |
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SAME AS | No Same As |
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SPONSOR | Hevesi |
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COSPNSR | Jean-Pierre, Dickens, Gonzalez-Rojas, Septimo, Simon, Brabenec |
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MLTSPNSR | |
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Amd §409-a, Soc Serv L | |
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Increases from $300 to $725 the monthly rent subsidy payable for housing for a foster child living independently in certain circumstances. |
A02525 Actions:
BILL NO | A02525 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/26/2023 | referred to children and families |
A02525 Memo:
Go to topNEW 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
A02525 Text:
Go to top 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. LBD05002-01-3A. 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.