NY Soc Serv L § 370-AA (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 13 - State Heating Fuel Crisis Assistance 370-AA - State Heating Fuel Crisis Assistance.

*  § 370-aa. State heating fuel crisis assistance. 1. The commissioner   shall establish a state program to provide heating fuel  related  crisis   assistance  to households whose total income from all sources is between   one hundred twenty-five percent and two hundred percent of  the  federal   community  services  administration  poverty guidelines and who have not   received a grant for heating fuel assistance during the nineteen hundred   seventy-nine--nineteen hundred eighty winter from any other emergency or   energy assistance program. To  the  extent  funds  are  available,  such   household  may  apply and be eligible for assistance if the household is   threatened  with  shut-off  or  nondelivery  of  heating  fuel  due   to   nonpayment  and  in  the case of a one person household, the household's   liquid resources do not exceed one thousand five hundred dollars  or  in   the  case  of households of more than one person liquid resources do not   exceed two thousand two hundred fifty dollars.  Liquid  resources  shall   mean  those  resources  which  are  in cash or are financial instruments   which are convertible to cash.2. Eligible households with incomes between  one  hundred  twenty-five   percent  and one hundred fifty percent of the federal community services   administration poverty guidelines may receive a  total  benefit  not  to   exceed two hundred dollars; eligible households with incomes between one   hundred  fifty  per  cent  and  one  hundred seventy-five percent of the   federal community services administration poverty guidelines may receive   a total benefit not to exceed one hundred fifty  dollars;  and  eligible   households with incomes between one hundred seventy-five percent and two   hundred percent of the federal community services administration poverty   guidelines  may  receive  a  total  benefit  not  to  exceed one hundred   dollars. Eligible households which pay for  heat  directly  may  receive   benefits  in  the  form  of  direct payment to suppliers of home heating   fuels. All households may receive assistance in the form of cash  up  to   fifty  dollars for warm clothing, blankets, replacement of broken window   panes,  firewood,  temporary  shelter,  emergency  repairs  to   heating   equipment,  nutrition, health and other supportive services. In no event   shall the sum of assistance under this program made to or on  behalf  of   any  household exceed the actual amount needed to ameliorate the heating   fuel crisis.3. a. Assistance  may  also  be  provided  to  households  whose  rent   includes  heat.  Such  assistance may be provided only in the event that   the owner of the rented dwelling has abandoned responsibility for paying   heating costs. Such assistance may be in the form of  emergency  heating   fuel deliveries.b.  Such  assistance  shall  be  provided  for  a period not to exceed   fifteen days, in order to allow time for appropriate action to be  taken   by city or county officials.c.  In  such  cases  where  the  landlord  or  owner has abandoned his   responsibility for paying heating costs, and where tenants or  landlords   can  verify that at least sixty percent of the building's households are   at or below two  hundred  percent  of  the  federal  community  services   administration poverty guidelines, the buildings may qualify.d.  The  department  shall make all reasonable efforts to recover from   the landlord, emergency expenditures for heating fuel.4. This program shall be administered at the county level and  in  the   city  of  New  York  by  the local departments of social services. Local   departments shall distribute funds allocated  for  heating  fuel  crisis   assistance  to eligible households for the payment of heating fuel costs   as described  in  subdivisions  two  and  three  of  this  section.  The   department  shall  prepare  application  forms  for  use  by  the  local   departments and instructions to  be  used  in  completing  applications.   Certification  of  eligibility and authorization of payment shall be the    responsibility of the local departments.  The  local  departments  shall   provide  for  preliminary  screening  and  assistance  to  applicants by   community action agencies, area offices on  aging  and  other  community   agencies.5.  The  department  and  local  departments  shall  contract  for the   provision  of  an  outreach  program  to  inform  potentially   eligible   households  of  the  availability of heating fuel crisis assistance. The   department shall enter into an agreement with the state office  for  the   aging  which  will  provide  outreach  to the elderly and with community   action agencies and other community based agencies for outreach to other   potentially eligible households. The department  shall  develop  program   materials  which  will  be made available to utilities, fuel oil dealers   and community agencies for the purpose of informing the public about the   availability of crisis assistance.6. Elderly persons over the age of sixty shall be a priority class  to   be  served  by this program. To insure the priority becomes operational,   local departments shall provide directly  or  when  appropriate  through   contract  the  following  special  services  to the elderly: priority in   scheduling appointments; arrangements for transportation when  no  other   transportation is available; intake and certification at home or through   a representative for those elderly who are homebound.7.  Payments made under this program shall not be considered as income   or resource for the purpose  of  determining  eligibility  for  benefits   under any income maintenance or medical assistance program.8.  The  department  shall  be  responsible  for  monitoring the local   implementation of this program. All cases  including  a  declaration  of   income  shall be subject to a redetermination and verification of income   eligibility. To insure that the elderly receive priority, the department   shall periodically review the population certified to  receive  benefits   and  in districts where the elderly are not being served shall, with the   state office for aging, take appropriate  actions  to  ensure  that  the   elderly  are served. The department and local districts shall maintain a   system of records for this program which  is  separate  from  any  other   emergency or energy related assistance program.No   later  than  July  thirty-first,  nineteen  hundred  eighty,  the   department shall provide the governor and legislature with a  report  on   the  state  heating  fuel crisis assistance program's implementation and   use in each district. Such report shall  include  the  total  number  of   households  and  the  number of elderly households served in each income   category, the amount and type of assistance provided to  each  household   and  the  activities and expenditures for all administering and outreach   agencies in each district.9. The department  shall  promulgate  all  regulations  necessary  for   operation  of the state heating fuel crisis assistance program which are   consistent with the state plan for the nineteen hundred eighty community   services administration energy crisis assistance program.10. Within the  amounts  appropriated  therefor  funds  will  be  made   available  to  each  social  services  district  for heating fuel crisis   assistance.  If  a  county  or  city  social  services  district  incurs   expenditures  in  excess  of its allocated amount, the county or city as   the case may be shall be liable for such  expenditures.  Funds  will  be   allocated  by  the  department  according to the following formula: Five   percent of the funds shall be set aside by the department to be used  in   meeting   any  unanticipated  heating  fuel  related  crisis  caused  by   especially severe weather. All remaining funds and set aside funds which   are  unexpended  by  April  first,  nineteen  hundred  eighty  shall  be   allocated  according  to  the  following  formula: Twenty percent of the   funds shall be allocated equally  to  every  county  and  the  remaining    eighty  percent  shall  be allocated to the fifty-seven counties outside   the city of New York and the city of New York  based  on  the  corrected   product of the percentage of state's poverty population residing in each   county,  the  average  heating degree days for the county divided by the   state average and the percentage of  county  population  which  is  aged   divided by the percentage of state population which is aged.When  thirty  percent  of  the funds are obligated the department will   review the expenditures of program funds for the  elderly  with  a  view   toward  increasing  outreach  and  support  services  if  this  priority   population is not being reached.When fifty percent of the funds are  obligated,  the  department  will   review  the initial allocation to determine variances in utilization and   make appropriate adjustments or transfers.11. Notwithstanding the foregoing, if the commissioner determines that   a federally funded program of energy crisis assistance is in effect  and   is  duplicative  in  whole  or  part to the program provided for in this   section the commissioner shall notify the local social services district   in writing of such determination of duplication and the date after which   state reimbursement for all or part of the expenditures made pursuant to   this section shall not be authorized.12. For purposes of this section, the term "home heating  fuel"  shall   mean  fuel  oil,  coal,  wood, propane, natural gas, electricity, steam,   kerosene and any other fuel when used for residential heating purposes.* NB Expired October 1, 1980