CHAPTER 251
SB 128 - FINAL VERSION
2/3/00 3160s
18may00.....4293h
5/31/00 4764eba
2000 SESSION
05/02
SENATE BILL 128
AN ACT replacing the housing assistance trust fund with a homeless prevention fund.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Squires, Dist 12; Rep. Garrish, Hills 37; Rep. Millham, Belk 4; Rep. Konys, Hills 33; Rep. French, Merr 3
COMMITTEE: Public Institutions, Health and Human Services
This bill replaces the housing assistance trust fund with a homeless prevention fund.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2/3/00 3160s
18may00.....4293h
5/31/00 4764eba
99-0725
05/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT replacing the housing assistance trust fund with a homeless prevention fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
251:1 Subdivision Heading Amended. The subdivision heading preceding RSA 204-C:80 is repealed and reenacted to read as follows:
Homeless Prevention Fund
251:2 Homeless Prevention Fund. RSA 204-C:80-85 are repealed and reenacted to read as follows:
204-C:80 Purpose. The purpose of this subdivision is to establish a homeless prevention program and a fund therefor to be used to provide housing assistance on behalf of very low income persons and families in order to help them meet their housing costs, thereby preventing homelessness resulting from their inability to meet such costs, and to maximize the opportunity for homeless families and individuals to obtain housing in the private market. This subdivision is also intended to assist persons and families who are receiving public assistance or have recently graduated from public assistance to low wage jobs and persons with disabilities to enable them to afford decent, safe housing.
204-C:81 Definitions. In this subdivision:
I. "Fund" means the homeless prevention fund.
II. "Housing assistance payments" means rent subsidies, security deposit advances, mortgage assistance payments, and any other shelter cost-related payments made on behalf of very low income households.
III. "Minor child" means a person under 18 years of age.
IV. "Severely rent burdened" means a household for which the monthly rent and utility costs exceed 50 percent of the gross monthly income.
V. "Very low income households" means individuals or families whose gross income is 50 percent or less of the median income, adjusted for household size, as published periodically by the United States Department of Housing and Urban Development.
204-C:82 Fund Established.
I. There is hereby established within the authority a homeless prevention fund. The fund shall be comprised of donations from private persons or entities, grants, set-asides, and other appropriations authorized by law. All sums from government appropriations or grants shall be credited to the fund, but such sums shall not be deemed to be money received on account of the state, and nothing in this subdivision shall be understood as pledging the faith and credit of the state.
II. The authority shall use moneys deposited in the fund for the following purposes:
(a) Direct housing assistance payments to eligible very low income persons or households.
(b) The provision and coordination of services, such as jobs, training, financial counseling, and other supportive services, which are made available to very low income households participating in the homeless prevention program.
(c) The creation of new or rehabilitated dwelling units to be made available to very low income households assisted under this subdivision.
(d) Matching grants to units of local government or local housing authorities established under RSA 203 to support homeless prevention programs for very low income households.
(e) The purchase of existing single family homes by or on behalf of low income households or to prevent the household occupants from becoming homeless.
204-C:83 Program Design. The homeless prevention fund shall be administered so as to promote the following goals and objectives:
I. Applications for the benefits provided under this subdivision shall be streamlined so as to enable the authority to provide assistance to the eligible households as quickly as practicable.
II. The program shall be as flexible as possible in order to maximize housing opportunities for very low income people.
III. Give priority to very low income persons or families who are:
(a) At households which include an employed person or a person in an employment training program.
(b) Households which include a minor child or children, and the household is homeless or at risk of homelessness due to severe rent burden.
(c) Households which are actually experiencing homelessness, and are currently residing in homeless or emergency shelters or receiving services as defined in rules adopted pursuant to RSA 204-C:85.
(d) Households which consist of one or more disabled person(s) as defined in 42 United States Code, Section 12102.
IV. Assistance shall only be provided to eligible households for dwelling units located in New Hampshire.
V. Assistance granted to a household under this subdivision shall terminate after 36 consecutive months, provided however that the authority shall extend the assistance beyond this time limit when it is necessary to:
(a) Enable a household member to complete an education, training, or vocational rehabilitation program in which he or she is currently involved when the 36-month time limit expires.
(b) Provide reasonable accommodation for the disability of a household member.
(c) Prevent an employed household member from facing a serious risk of job loss due to inability to obtain affordable housing within a reasonable distance from his or her job.
VI. All households which receive assistance under this subdivision shall, within 60 days of obtaining such assistance, make an application to their local public housing authority or the authority for federal rental assistance.
VII. No public housing authority created pursuant to RSA 203 shall reject an applicant for federal rental assistance or deny such applicant a priority on its waiting list for which such applicant would otherwise qualify, on the basis that such applicant is receiving rental assistance under this subdivision.
204-C:84 Investment of Funds. Moneys deposited into the fund may be invested by the authority. Income earned from such investments shall be returned to the fund, provided, however, that the authority may use up to 10 percent of any such investment income to defray the cost of administering this subdivision.
204-C:85 The authority shall adopt rules, pursuant to RSA 204-C:53, governing the homeless prevention fund. Such rules shall include:
I. The nature and extent of the rent subsidy authorized under this subdivision.
II. Qualifications of households eligible to receive direct housing assistance payments.
III. The nature and extent of ancillary payments on behalf of eligible households to prevent homelessness.
IV. The types of supportive services which may be eligible for payment from the fund.
V. The application process for benefits under this subdivision.
VI. The method of distribution of program funds.
VII. Any other matters necessary for the administration of this subdivision.
251:3 New Subparagraph; Administrative Procedure Act; Exceptions; Housing Finance Authority Added. Amend RSA 541-A:21, I by inserting after subparagraph (w) the following new subparagraph:
(x) RSA 204-C:53, relative to the housing finance authority.
251:4 New Section; Coordination with Other Programs. Amend RSA 204-C by inserting after section 85 the following new section:
204-C:86 Coordination with Other Programs. The authority shall ensure that the homeless prevention program supported through the fund is coordinated with other housing assistance programs administered by the authority, the federal government, state agencies, local public authorities, and local governments.
251:5 Effective Date. This act shall take effect January 1, 2001.
(Approved: June 12, 2000)
(Effective Date: January 1, 2001)
LBAO
99-0725
Amended 4/27/00
SB 128 FISCAL NOTE
AN ACT replacing the housing assistance fund with a homeless prevention fund, and making an appropriation therefor.
FISCAL IMPACT:
The N.H. Housing Finance Authority indicates that this bill, as amended by the Senate, will have an indeterminable impact on state revenue and expenditures in FY 2001 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
This bill appropriates $1 from the general fund in FY 2001 to the Department of Health and Human Services to establish the Homeless Prevention Fund.
METHODOLOGY:
The Authority has indicated there will be no fiscal impact on state general or special funds until the program is funded, and any associated administrative costs will be to the Authority and not the state.
State expenditures and restricted revenue will increase to the extent that amounts are contributed to the fund and expended for the purposes identified.