N.Y. Social Services Law § 36-c: Savings plan for the city of New York

* § 36-c. Savings plan for the city of New York. 1. Notwithstanding

any other provision of law to the contrary, in any social services

district with a city having a population of five million or more, the

social services district shall conduct a demonstration project as set

forth in this section, and shall evaluate and report on such project

annually, pursuant to a plan approved by the office of temporary and

disability assistance and the division of budget. A comprehensive report

shall be provided to the governor, the temporary president of the senate

and the speaker of the assembly by December thirty-first, two thousand

twenty-one. Such report shall include but not be limited to information

regarding the program such as the number of participants for the

previous three years; the percentage of participation as measured by the

number of participants making contributions into such savings plan; the

average amount payable to a participant upon leaving the program; the

average length of time a participant remained in the program; the number

of situations in which the participant moved out of the program but

reengaged in the program within the previous twelve months; the number

of participants leaving the program voluntarily and the number of

participants removed due to failure to comply; and any other

demonstrated outcomes of such program.

2. Such social services district, in lieu of applying that portion of

a temporary housing assistance recipient's earned income that, but for

the provisions of this section, would be applied to reduce the need for

the shelter component of temporary housing assistance provided in a

temporary emergency shelter, shall direct such a recipient to

participate in a savings plan with such funds and, as long as such funds

are not withdrawn, they shall not be applied to reduce the need for the

shelter component of the temporary housing assistance granted for the

duration of his or her residence in temporary emergency shelter;

provided, however, that the provisions of this section shall only apply

to a person receiving temporary housing assistance in a shelter or other

facility overseen by the New York city department of homeless services

or the New York city department of housing preservation and development.

Failure by a recipient of temporary housing assistance to contribute to

such a savings plan shall result in the discontinuance of temporary

housing assistance. Provided however, such discontinuance shall be

immediately curable by compliance with this section.

3. In such social services district, any such funds collected from the

earned income of a recipient of temporary housing assistance while he or

she is residing in a temporary emergency shelter shall be deposited in a

savings plan approved by the office of temporary and disability

assistance and the division of budget; shall be payable to the recipient

for the recipient's use to facilitate his or her transition to, or

stabilize his or her residence in, permanent housing upon his or her

discharge from shelter or upon verification of such recipient's date of

discharge from shelter; and shall be considered exempt as income or a

resource until the twelfth month following the month in which the

recipient ceases receiving temporary housing assistance in temporary

emergency shelter. Funds collected in such savings plans shall be

pooled, tracked individually, and maintained in a savings or

money-market account at interest rates set by the institution with which

such funds are deposited. Any savings and interest accrued in such

account or accounts shall be distributed to a temporary housing

assistance recipient upon his or her discharge from temporary emergency

shelter or upon verification of such recipient's date of discharge from

shelter, in accordance with the provisions of this section.

4. Such social services district shall be deemed in compliance with

section one hundred thirty-one-a of this chapter for reimbursement of

expenditures made for temporary housing assistance, provided the

district is conducting the project fully in accordance with the

provisions of this section. Unearned income of a recipient of temporary

housing assistance in such social services district shall not be applied

to the savings plan, and shall not be required to be applied to that

portion of the shelter costs not paid for with public assistance.

Temporary housing assistance recipients shall not be required to

contribute to the cost of such shelter, as provided for in this section.

Such project shall not be implemented so as to compromise the federal

benefits of a recipient or any of his or her household members.

5. Upon the effective date of this subdivision, such social services

district shall suspend implementation of the demonstration program,

provided that (a) the recipient's need for the shelter component of

temporary housing assistance shall not be reduced by the portion of a

recipient's earned income that the recipient would have been required

under subdivision two of this section to deposit in a savings plan, and

(b) funds collected from recipients pursuant to this section prior to

the effective date of this subdivision shall continue to be treated and

made payable to recipients in accordance with the provisions of

subdivision three of this section.

* NB Repealed March 31, 2030