36-C - Savings plan demonstration project.
* § 36-c. Savings plan demonstration project. 1. Notwithstanding any other provision of law to the contrary, in any social services district with a city having a population of one 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, pursuant to a plan approved by the office of temporary and disability assistance and the division of budget prior to the implementation of the project. 2. Such social services district, in lieu of applying that portion of a temporary housing assistance recipient's earned income that, but for the other provisions of this chapter, 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shall direct such a recipient to participate in a savings plan with such funds and, as long as such funds are not withdrawn, they shall not be applied to reduce the need for the shelter component of the temporary housing assistance granted for the duration of his or her residence in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 funded and 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 not in itself result in the discontinuance of temporary housing assistance, unless the recipient separately fails to comply with conditions of eligibility that could result in the discontinuance of temporary housing assistance. 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.* NB Effective December 29, 2010 or upon approval of a demonstration project provided for in chapter 58 of 2010 Part K by OTDA and DOB, whichever is earlier * NB Repealed March 31, 2016