The bill would require the Human Resources Administration to provide rental assistance to disabled veterans residing in apartments with rents at or below the fair market rent amount set by the United States Department of Housing Urban Development. To qualify for the rental subsidy a veteran would have to receive a disability pension from the United States Department of Veterans Affairs (VA) or receive service-connected disability benefits from the VA at a 50 percent or higher disability rating. In addition, the veteran’s combined earned and unearned income could not exceed 200 percent of the federal poverty level and resources could not exceed the limit for public assistance recipients under New York State Law. Veterans who meet these qualifications would be required to pay no more than 30 percent of their monthly income toward their rent.
Int. No. 385
By Council Members Ulrich, Brannan and Holden
A Local Law to amend the administrative code of the city of New York, in relation to requiring the human resources administration to provide rental assistance to disabled veterans
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-142 to read as follows:
§ 21 - 142 Rental assistance for disabled veterans. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Approved rental amount. The term “approved rental amount” means a rent level which is at or below the current fair market rent amounts for the same type of unit as set for the metropolitan area by the United States department of housing and urban development pursuant to title 24 of the code of federal regulations, and all subsequent legal rent increases after initial approval of the qualified disabled veteran’s rent.
Earned income. The term “earned income” means income in cash or in kind earned by an individual through the receipt of wages, salary, commissions, or profit from activities in which such individual is self-employed or an employee.
Qualified disabled veteran. The term “qualified disabled veteran” means a veteran: (i) who receives either a veterans affairs pension from the United States department of veterans affairs, as established by chapter 15 of title 38 of the United States code and/or receives service connected disability benefits from the United States department of veterans affairs and has received a disability rating of 50 percent or higher as established by chapter 11 of title 38 of the United States code; (ii) whose income does not exceed 200 percent of the federal poverty level as established annually by the United States department of health and human services; and (iii) whose countable resources do not exceed the resource guidelines pursuant to section 131-n of the social services law.
Unearned income. The term “unearned income” means all regularly recurring income received during a month, other than earned income.
Veteran. The term “veteran” means a person who has served in the active military service of the United States and who has been released from such service other than by dishonorable discharge.
b. The department shall provide qualified disabled veterans with rental assistance. The rental assistance amount shall be the difference between the qualified disabled veteran’s actual rent and no more than 30 percent of his or her monthly earned and/or unearned income. The maximum rent towards which the rental assistance may be applied shall not exceed the approved rental amount.
§ 2. This local law takes effect 120 days after its enactment into law, provided that the commissioner shall promulgate any rules necessary for implementing and carrying out the provisions of this local law prior to such effective date.
LS 4151/Int. 792-2015