Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICESChapter II - Regulations of the Department of Social ServicesSubchapter B - Public AssistanceArticle 1 - Determination of Eligibility-General
Part 352 - Standards of Assistance
Section 352.3 - Rent allowances

N.Y. Comp. Codes R. & Regs. tit. 18 § 352.3

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Current through Register Vol. 46, No. 16, April 17, 2024
Section 352.3 - Rent allowances
(a)
(1) Each social services district must provide a monthly allowance for rent in the amount actually paid, for cases with a verified rental obligation. For each social services district, the maximum allowance for each public assistance family size is in accordance with the following schedules:

LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOWANCE SCHEDULE WITH CHILDREN

(children defined in sections 369.2[c] and 369.5[c] of this Title)

FAMILY SIZE12345678+
Albany214219309348386404421421
Allegany190220273308342358373373
Broome218252290317353368384403
Cattaraugus186208269303337352367367
Cayuga201208290326363380396396
Chautauqua198202285321357374390390
Chemung197228283319355371387387
Chenango189219264298331346361361
Clinton191195275310345360376376
Columbia201221290326363379396396
Cortland199231281317352368384384
Delaware200232274309344359374374
Dutchess286292412464516540563563
Erie209214301339377395411411
Essex199231268302336351366368
Franklin180191259292325339354354
Fulton189193272307341357372372
Genesee204234294332369386402402
Greene197229281317352368384384
Hamilton185189267301335350365365
Herkimer190200275309344359375375
Jefferson200232276311346362377377
Lewis193197279314349365381381
Livingston213217307346384402419419
Madison210231304342380397414414
Monroe257298343374405420438477
Montgomery196200283319354370386386
Nassau308334445501558583608608
New York City277283400450501524546546
Niagara204209294331369385402402
Oneida199207287323359375391391
Onondaga210235303341379397413413
Ontario213240308347386403421421
Orange292298421473527551574574
Orleans209234302340378395412412
Oswego208212300338375393409409
Otsego200232280315350366382382
Putnam306312441496553578602602
Rensselaer205210296334371388405405
Rockland302350434488543568592592
St. Lawrence194211281316351368383383
Saratoga219224316356396414431431
Schenectady216226311351390408425425
Schoharie199231286322358374390390
Schuyler194224275310345360376376
Seneca204237288324360376392392
Steuben188192271305339354370370
Suffolk310358447503560586611611
Sullivan211244297335372389406406
Tioga201233285321357373390390
Tompkins219251317357396414432432
Ulster263305350382413427445486
Warren215250299337375392408408
Washington205231295332370387403403
Wayne209240302340378395412412
Westchester295314426479533557581581
Wyoming199231279314349365381381
Yates198210286322358375391391

LOCAL AGENCY MONTHLY SHELTER ALLOWANCE SCHEDULE WITHOUT CHILDREN

(children defined in sections 369.2[c] and 369.5[c] of this Title)

FAMILY SIZE12345678+
Albany184213245267289299311341
Allegany190220253276299309321352
Broome218252290316342354368403
Cattaraugus179208239261282292304332
Cayuga179208239261282292304332
Chautauqua167194223243263272283310
Chemung197228262286309320333364
Chenango189219252275297307320350
Clinton156181208227245254264289
Colombia191221254277300310323353
Cortland199231265289313323337368
Delaware200232267291315326339371
Dutchess216251288314340351366400
Erie169201215234254262273299
Essex199231265289313323337368
Franklin161191212239250259269295
Fulton159184212231250259269295
Genesee202234269293317328342374
Greene197229263287310321334366
Hamilton159184212231250259271296
Herkimer173200230251271281292320
Jefferson200232267291315326339371
Lewis152177203221240248258282
Livingston187217249271294304316346
Madison199231265289313323337368
Monroe257298343374405418436477
Montgomery158184211230249257268293
Nassau288334384419453468527561
New York City215250286312337349403421
Niagara174202232253274283295322
Oneida179207238259281290302331
Onondaga203235270294319329343375
Ontario207240276301326337351384
Orange229265305332360372387424
Orleans202234269293317328342374
Oswego183212244266288298310339
Otsego200232267291315326339371
Putnam237275316344373386401439
Rensselaer153179193210228235245268
Rockland302350402438474490511559
St. Lawrence182211242264286295307336
Saratoga185215247269291301314343
Schenectady195226260283307317330361
Schoharie199231265289313323337368
Schuyler194224258281304315328359
Seneca204237272296321332345378
Steuben159184212231250259269295
Suffolk309358412449486503523573
Sullivan211244281306332343357391
Tioga201233268292316327340373
Tompkins217251289315341353367402
Ulster263305350382413427445486
Warren215250287313339350364399
Washington199231265289313323337368
Wayne207240276301326337351384
Westchester271314361393426440474536
Wyoming199231265289313323337368
Yates181210241263284294306335

(2) Recipients in receipt of a court ordered shelter supplement, or a temporary shelter supplement pursuant to section 370.10 of this Title, at the time this paragraph is adopted and, who are otherwise eligible for public assistance will continue to receive that supplement, if higher than the shelter allowance set forth in paragraph (1) of this subdivision, for up to a two year period, provided that there is no break in assistance of more than one calendar month or that the family has not been sanctioned. After a two year period from the date this paragraph is adopted or upon a break in receipt of a court ordered supplement or a supplement under section 370.10 of this Title of more than one calendar month, applicants and recipients who were receiving a court ordered shelter supplement or a temporary shelter supplement pursuant to section 370.10 of this Title, must receive a shelter allowance pursuant to paragraph (1) of this subdivision, if otherwise eligible. The amount of the shelter supplement in excess of the shelter allowance maxima set forth in paragraph (1) of this subdivision is not part of the standard of need.
(3)
(i) A social services district, with the approval of the Office of Temporary and Disability Assistance, may provide additional monthly shelter supplements to public assistance applicants and recipients who will reside in private housing, or who currently reside in private housing and are facing eviction. Social services districts choosing to provide such supplements must submit a plan to the Office of Temporary and Disability Assistance, attention: Center for Employment and Economic Supports, prior to providing any such supplements. Plans submitted to the office must include: justification for providing the supplement(s), the targeted population, the amount of the supplement(s) and any additional information as required by the office. The 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.
(ii) The office may authorize a social services district to provide such supplement or a distinct part of such supplement if it determines that the provision of such supplement would accomplish its stated purpose and is justified considering such factors as length of temporary housing stays, existing litigation and other factors affecting the availability of housing. The office must also consider the impact of granting the supplement on the economic incentives for self-sufficiency and the impact on low-income households which are not in receipt of public assistance. The office may authorize the supplement only if it determines that there are sufficient funds available to provide such reimbursement.
(b) When the recipient is obligated to pay for water as a separate charge to a vendor, an allowance must be made for the additional amount required to be paid. When the recipient is obligated to pay for sewer, water (except when paid as a separate charge) and/or garbage disposal, an allowance must be made therefor to the extent that the total of the rent allowances plus such charge or charges does not exceed the appropriate maximum amount in the schedule in subdivision (a) of this section. For the purpose of this subdivision, the term separate charge refers to a billing made directly to a recipient in his or her name which is limited to charges for his or her utility service.
(c) [Reserved]
(d)Public housing.
(1)
(i) An allowance for rent must be made for recipients who are tenants of city, State or federally aided public housing up to the amount actually paid or the following schedule, whichever is less, except when a modified schedule of allowances is approved by this office for a specific housing authority and the modified schedule provides for larger allowances or when the housing authority calculates the rent based on a percentage of household income:
(a) Effective August 15, 2007, public housing authorities may charge rent up to 50 percent of the shelter maximums found in subdivision (a) of this section.
(b) Effective August 15, 2008, public housing authorities may charge rent up to 75 percent of the shelter maximum found in subdivision (a) of this section.
(c) Effective August 15, 2009, public housing authorities may charge rent up to the shelter maximums found in subdivision (a) of this section.
(ii) Modified schedule approved. When a modified schedule is approved by this office for a specific housing authority, the allowance for rent must be the amount actually paid up to the approved schedule amount. A housing authority may request, and the office may grant an increase not to exceed 10 percent in a 12-month period until the modified schedule for the housing authority reaches the maximum allowances for the district found in subdivision (a) of this section. Effective August 15, 2009, modified schedules approved by this office shall be void.
(iii) Rent calculated based on a percentage of income. For any household for which the amount of rent is determined by a public housing authority as a percentage of either gross or adjusted gross income, the applicable shelter allowance is the amount so calculated up to the maximum allowance for the given household size found in subdivision (a) of this section.
(2)
(i) Subsidized housing other than section 8 housing vouchers. The rent allowance for tenants of housing subsidized under a housing assistance payments program, except as provided in subparagraph (ii) of this paragraph, is the amount of rent actually paid (exclusive of the subsidy) but not more than the amount in the applicable schedule in subdivisions (a) and (b) of this section.
(ii) Section 8 Voucher Program.
(a) The rent for recipients whose rental housing payments are subsidized under the Section 8 Voucher Program (not including a recipient participating in the program of special allowances for owners of manufactured homes) shall be the amount actually paid, but not in excess of the amount (rounded to the nearest whole dollar) equal to 30 percent of the applicable standard of need by family size and district of residence, considering only the SA-2a, SA-2b, SA-2c schedules contained in section 352.2(d) of this Part, and the local agency monthly shelter allowance schedule with children, exclusive of any supplement. For the purpose of this subparagraph, the allowance amounts are those in office regulation and in effect on the filing date of this subparagraph.
(b) Clause (a) of this subparagraph shall not apply to recipients whose section 8 vouchers are provided by public housing authorities or other local section 8 voucher issuing agencies that routinely determined the tenants' share of the rent due and payable for months commencing on or before October 1, 2004 to be the local agency shelter maximums under subdivision (a) of this section.
(c) The office shall develop an administrative process to certify whether clause (a) or (b) of this subparagraph shall apply to each individual public housing authority or other local section 8 voucher issuing agency.
(e)Rent allowances for hotel/motel facilities.

An allowance for shelter shall be made for recipients temporarily housed in hotel/motel facilities under the following circumstances:

(1) No other suitable housing either public or private is available to house the recipient.
(2) Hotel/motel accommodations without cooking facilities shall be utilized only when accommodations with such facilities are not available. An allowance for the actual cost of the rental of a refrigerator, not to exceed $10 per week per room, shall be made when a homeless family is temporarily placed in a hotel/motel which does not have cooking facilities and which provides a refrigerator on a rental basis.
(3) The continued need for hotel/motel accommodations shall be reviewed, evaluated and authorized monthly by the social services district.
(f) Reimbursement for shelter costs and restaurant allowances and rental fees for refrigerators as provided for in paragraph (e)(2) of this section is available to social services districts for expenditures made by such districts on behalf of recipients temporarily living in hotels or motels for so long as the recipients are actively seeking permanent housing, but in no event for a period in excess of six months unless the local commissioner of social services determines on an annual basis that housing other than hotels or motels or facilities regulated under Part 900 of this Title is not readily available in the social services district and the commissioner submits such determination to the department on an annual basis. Upon such a determination and submission, the social services district will continue to be reimbursed for shelter costs, restaurant allowances as appropriate and rental fees for refrigerators provided to public assistance recipients beyond such six- month period. A recipient's continued need for hotel/motel accommodations must be reviewed and evaluated monthly. The maximum reimbursable amount for shelter costs after August 1, 1984 is $16 per day for the first person in each hotel room, and $11 per day for the remaining occupants in each room. Restaurant allowances, if necessary must be provided in accordance with department regulations.
(g)Standards.

No family shall be referred to a hotel/motel, nor shall any reimbursement be made for costs incurred from such referral unless all of the requirements set forth below are met:

(1) Primary consideration shall be given to the needs of children. Specific factors considered must include but shall not be limited to educational needs, security, the nature of the facility in which the children would be placed, and factors which will insure the minimum disruption of community ties.
(2) The hotel/motel shall have appropriate contractual or other arrangements for maintenance, repair and sanitation in the hotel/motel. The hotel/motel must have available for review by the local social services district information verifying the above-mentioned arrangements or record of such. Such information would include, for example, contracts with private carters, bills, receipts, or other evidence of performance. Such arrangements shall include but not be limited to agreements for provision of the following services:
(i) removal of garbage;
(ii) maintenance of floor coverings, draperies and furniture;
(iii) repainting of the facility at least once every five years;
(iv) maintenance and inspection of the electrical system;
(v) maintenance of plumbing and plumbing fixtures;
(vi) maintenance and inspection of heating, ventilation and air conditioning systems;
(vii) a regular vermin control program; and
(viii) provision to insure that entrances, exits, steps and walkways are kept clear of garbage, ice, snow and other hazards.
(3) Rooms shall be cleaned at least every other day by hotel/motel staff.
(4) Furniture necessary for daily living, including but not limited to tables, bureaus, chairs, beds and cribs shall be in each room.
(5) No more than two adults shall be placed in the same room.
(6) When children are placed in the same room as adults, there shall be sufficient beds so children shall not have to share single beds.
(7) All mattresses and bedding material shall be clean. Each bed shall have at least two clean sheets, adequate clean blankets, clean pillows and pillowcases. A complete change of linens shall be made by hotel/motel staff at least once a week and more often where individual circumstances warrant or when a new family occupies the unit. Each unit shall be supplied with towels, soap and toilet tissues. A clean towel shall be provided daily to each resident.
(8) Each unit must have operational door and window locks. All windows at and above the second floor must have window guards in place unless windows are sealed and the air conditioning works.
(9) A heating system shall be permanently installed and operated in accordance with applicable local law. Where local law or code does not govern the provision of heat, the system will provide heat to maintain a temperature of 69°F (20°C) in all occupied parts of the building, including corridors. Where windows do not open, proper ventilation, including but not limited to air conditioning, shall be operational.
(10) Each family with children must have a private bathroom. At a minimum, this must include a toilet, a sink and a shower or bathtub, all of which must be properly maintained with hot and cold running water. Couples without children may be placed in rooms with common bathroom facilities.
(h)Inspection.

Local social services districts which make hotel/motel referral must inspect at least once every six months the hotels/motels in which families are placed. In addition to verifying that the hotel/motel meets the requirements set forth in subdivision (g) of this section, the local district shall make appropriate inquiries to determine whether the hotel/motel is in compliance with all applicable State and local laws, regulations, codes and ordinances. Any violation found during the on-site inspection shall be reported to appropriate authorities. Further, each inspection shall at least review arrangements for hygiene, vermin control, security, furnishings, cleanliness and maintenance and shall include a review of any applicable documents pertaining to compliance with any local laws or codes. A written report shall be made of each such inspection and shall be maintained at the office of the local district together with such other information as the district may maintain concerning the families placed in the hotel/motel. A copy of any such inspection report shall be provided to the Office of Temporary and Disability Assistance within 30 days of its completion.

(i)
(1) To the extent that units of housing are available and subject to department approval based upon the housing conditions in the region, and to the extent of State appropriations made expressly therefor, social services districts may provide an allowance to secure housing to any homeless family:
(i) residing in a municipality having a rental vacancy rate for low-income housing less than three percent;
(ii) for whom no housing can be located at a rent within the shelter maximum under this section; and
(iii) in which at least one member of the family has resided in a hotel or motel and/or a shelter (including, but not limited to, facilities operated under Part 900 of this Title) at public expense for a period exceeding 12 weeks. Social services districts may consider decreasing this length of stay requirement if a long-term temporary placement in a hotel or motel or shelter would be detrimental to the health and welfare of families, including families with immediate medical needs.
(2) In determining priority for placement in housing units for which an allowance is paid under this subdivision, the district must consider factors affecting need such as:
(i) the length of stay in a hotel or motel and/or a shelter (including but not limited to, facilities operated under Part 900 of this Title) at public expense;
(ii) the size of the family; and
(iii) the location of schools in relation to the temporary housing where the family is residing.
(3) Social services districts must submit to the department for approval annual plans for the operation of programs to make allowances available under this subdivision. Plans must be submitted within 45 days after funds have been authorized in the State budget for allowances for this program. Plans must:
(i) indicate the number of units of housing for which the allowance will be made available pursuant to this subdivision, identifying the number that would be privately owned units and the number that would be publicly owned units, and the amount of funds being requested;
(ii) describe the housing to be utilized;
(iii) indicate the number of months that the allowance will be available (not to exceed eight months in the case of privately owned units or four months in the case of publicly owned units);
(iv) set forth the procedures for assuring local housing code compliance;
(v) set forth the procedures to identify those families likely to be long-term residents of hotels and motels and/or shelters (including, but not limited to, facilities operated under Part 900 of this Title);
(vi) indicate the criteria to be used in determining priorities for placement;
(vii) indicate the services available in the social services district to assist persons to remain in housing after placement under this program;
(viii) indicate the number of homeless families in the social services district that requested emergency housing each month during the most recent 12-month period and the number of families that resided in hotels and motels and/or shelters during the most recent 12-month period; and
(ix) indicate the number of months that the social services district will require participating landlords to make specified apartments available to selected families.
(4) The allowance consists of a rent supplement in an amount to be determined by the social services district, with the prior approval of the department, but cannot exceed the difference between the maximum shelter allowance and the hotel/motel rate for the family. Social services districts must submit claims for State reimbursement for such allowances on forms and in the manner prescribed by the department.
(5) No allowance will be paid under this subdivision for housing developed for the homeless financed partially or wholly with public funds.
(6) No allowance under this subdivision will be paid unless the social services district documents that such allowance will not be used to replace funds previously used, or designated for use, to secure housing for homeless families.
(7) No allowance provided under this subdivision will be paid for housing which does not comply with or which is not brought into substantial compliance with the local housing code or which has been occupied by a family receiving AFDC or home relief within one year prior to the payment of an allowance hereunder; provided, however, that such allowance may be held in escrow by the district pending correction of existing code violations. Moreover, no allowance will be paid unless the participating landlord agrees to make a specified apartment available to the selected family for a period of up to 32 months as approved by the department, except as provided herein. The landlord must agree that, in the event that a selected family does not remain for any reason in the specified apartment for the period for which it is to be available, the landlord will return a pro rata portion of the allowance reflecting the balance of the period. In such event, the district may provide an allowance with respect to a subsequently selected family for the balance of the period, provided further that such family meets the eligibility criteria set forth in this subdivision.
(8) Allowances provided under this subdivision must be paid for a maximum period specified by the district and approved by the department.
(9) Social services districts providing allowances under this subdivision must submit information on a monthly basis in a manner prescribed by the department, including but not limited to:
(i) the number of units rented that were privately owned and the number of units rented that were publicly owned and the addresses of such units;
(ii) the individual allowances issued; and
(iii) the number of families leaving apartments funded with allowances under this subdivision.
(j) If rent has not been paid for the month in which the case is accepted, a non-prorated shelter allowance, not to exceed the appropriate local agency maximum monthly shelter allowance, must be provided to retain the living accommodation.
(k)Emergency shelter allowances.
(1) An emergency shelter allowance must be provided, upon request, to a household composed of an applicant for or recipient of public assistance, who has been medically diagnosed as having AIDS or HIV-related illness as defined from time-to-time by the AIDS Institute of the State Department of Health, and any household members residing with such person. Such household must be homeless or faced with homelessness and have no viable and less costly alternative housing available. The social and medical needs of the household members must be considered in making a determination concerning availability of alternative housing.
(i) An applicant for or recipient of public assistance medically diagnosed as having AIDS or HIV-related illness is considered to be the "first person" in the household, and qualifies the household for an emergency shelter allowance. The first person may or may not be in receipt of supplemental security income (SSI).
(ii) The income and needs of the first person medically diagnosed as having AIDS or HIV-related illness and any additional household member that is not in receipt of SSI are used in calculating an emergency shelter allowance, as described in paragraph (3) of this subdivision.
(iii) The SSI income and needs of any household member not considered the first person medically diagnosed as having AIDS or HIV-related illness are not used in calculating an emergency shelter allowance.
(2) An emergency shelter allowance must not exceed $480 for the first person in the household and $330 for each additional household member, and in no event be greater than the household's actual monthly rent due. Except for cases specified in paragraph (3) of this subdivision, the emergency shelter allowance is considered to be the household's public assistance shelter allowance for public assistance budgeting purposes.
(3) When a household comprising both public assistance and SSI eligible persons requests an emergency shelter allowance, the social services district must compute the amount of the allowance as follows:
(i) determine the public assistance grant of the public assistance eligible persons using the appropriate rent schedule amount in subdivision (a) of this section;
(ii) calculate the net amount of actual household shelter costs by subtracting the appropriate rent schedule amount, as determined by referring to subdivision (a) of this section, from the total actual household shelter costs;
(iii) calculate the maximum amount of emergency shelter allowance available to the household by subtracting the appropriate rent schedule amount, as determined by referring to subdivision (a) of this section, from the maximum allowance authorized by paragraph (2) of this subdivision for the total number of persons in the household; and
(iv) subtract the SSI and other income of the SSI eligible person only when such person is included as the first person in the household, from the sum of the amount calculated in accordance with the provisions of subparagraph (ii) or (iii) of this paragraph, whichever is less, and the incremental nonshelter public assistance standard of need of the SSI eligible persons. The resulting amount, if greater than zero, is the household's emergency shelter allowance. This allowance is added to the public assistance grant determined in accordance with subparagraph (i) of this paragraph.
(4) When necessary, social services districts must:
(i) address the social services needs of a person in receipt of an emergency shelter allowance through the direct provision of services or through the provision of appropriate information and referral services; efforts should be made to ensure that an applicant for or a recipient of such an allowance has established appropriate social and medical support networks;
(ii) assist an applicant for or a recipient of an emergency shelter allowance to secure the required documentation so that eligibility for such allowance can be determined; and
(iii) arrange for required face-to-face interviews to be conducted during home visits or at other appropriate sites.

In accordance with department regulations, designated representatives may file and sign application and recertification documents on behalf of an applicant for or a recipient of an emergency shelter allowance.

(l)Shelter allowances in excess of the standards.

A shelter supplement plan under paragraph (a)(3) of this section may include provisions for treatment of SSI family members that differ from the requirements of section 352.2(b) of this Part, but only with respect to the shelter supplement and only if approved by the office.

(m)Inspection of shelter placements.

Social services districts that make referrals for temporary emergency shelter for eligible homeless households to temporary housing units, which will be paid for by public funds, that are not otherwise governed by section 460 of the Social Services Law, Parts 900 and 491 of this Title, or subdivision (h) of this section, shall submit for approval by the Office of Temporary and Disability Assistance health and safety standards for those units which comport with all applicable State and local laws, regulations, codes and ordinances. Additionally, social services districts shall be responsible for the inspection of such temporary housing units at least once every 12 months to confirm that such standards are satisfied. A written report shall be made of each such inspection and shall be maintained at the office of the social services district together with such other information as the social services district may maintain concerning the households placed in the temporary housing unit. A copy of any such inspection report shall be provided to the Office of Temporary and Disability Assistance within 30 days of its completion.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.3

Amended New York State Register August 26, 2015/Volume XXXVII, Issue 34, eff.8/26/2015
Amended New York State Register June 15, 2016/Volume XXXVIII, Issue 24, eff.6/15/2016
Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016