2022 -- S 2859

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LC005645

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING

RESOURCES ACT OF 1998

     Introduced By: Senators Kallman, Cano, Burke, Mendes, Bell, Mack, Acosta, Lombardo,
Gallo, and Goodwin

     Date Introduced: April 05, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-128 of the General Laws entitled "Rhode Island Housing

Resources Act of 1998" is hereby amended by adding thereto the following section:

     42-128-8.2. Emergency housing assistance.

     (a) The Rhode Island housing resources commission shall administer a program of

emergency housing assistance to needy families with children and pregnant woman with no other

children. The commission shall administer the program throughout the state at locations that are

geographically convenient to families who are homeless or at-risk of homelessness and shall

administer the program in a fair, just and equitable manner. The state shall accept funds from the

appropriate federal authorities for said program.

     (b) The commission shall promulgate rules and regulations to establish the levels of

benefits available under the program and to ensure simplicity of administration in the best interest

of needy recipients. Such benefits shall include, but not be limited to, the following:

     (1) For the prevention of the loss of housing, the actual liability up to three (3) times the

monthly rental or mortgage liability;

     (2) For the prevention of utility shutoffs or for the resumption of utility services, up to three

(3) months of the actual service liabilities;

     (3) For the provision of home heating assistance, up to three (3) months of the actual fuel

liabilities;

     (4) The commission shall promulgate regulations which would authorize the commission

to make payments for a fourth month of rent, utility or fuel arrearages if the director certifies in

writing that the family would otherwise become homeless, or be without utilities or fuel;

     (5) For the prevention of homelessness, temporary shelter as necessary to alleviate

homelessness when such family has no feasible alternative housing available, storage of furniture

for up to thirty (30) days; moving expenses; advance rent payments of one month's rent; and

security deposit not to exceed one month's rent.

     (c) The commission shall establish procedures, consistent with federal law, to require

applicants for the program to also submit an application for federal energy assistance where

appropriate. No benefits for a particular emergency shall be provided to an applicant family under

the emergency assistance program when benefits are available within seven (7) days of application

under the federal assistance program to meet such particular emergency.

     (d) The commission shall promulgate rules and regulations to establish the requirements

and standards for eligibility.

     (e) Emergency housing assistance shall be denied to a family who, at any time within one

year immediately prior to the filing of an application for emergency assistance, has depleted,

assigned or transferred real or personal property that would have rendered such family ineligible

for assistance if the depletion, transfer or assignment was not reasonable at the time or was not for

good cause reasons. For purposes of the preceding sentence, good cause reasons shall include, but

not be limited to, that the funds were expended for necessary or reasonable costs of living such as

rent, utilities, food, health related needs, education related expenses or transportation.

     (f) The commission shall take all reasonable actions to minimize abuse and errors. Such

activities shall include:

     (1) The collection and analysis of data regarding utilization patterns;

     (2) The recording and tracking of use of this program by individual recipients, including,

but not limited to, the utilization of a year to year cross check of recipients to determine if a person

or persons has received similar benefits in the previous year or years;

     (3) The utilization by the commission of mechanisms, such as payment of all or part of a

regular assistance grant directly to vendors, to prevent the misuse of this program, provided,

however, that such mechanisms are authorized under federal or state law;

     (4) The utilization of wage reporting and bank matching systems; provided, however, that

the provision of assistance shall not be delayed by such utilization;

     (5) The verification of all elements of eligibility. Such verification requirements, including

home visits by workers assigned to recipients, shall be reasonable and in accordance with federal

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law and regulations, where applicable. The commission shall determine which verification

requirements can be reasonably met by third-party affidavits and shall provide notification to

recipients and applicants of the circumstances when third-party affidavits may be used. The

commission shall establish reasonable procedures for the verification of continuing eligibility,

including monthly reporting and retrospective budgeting where appropriate.

     (g) Any person or institution which knowingly makes a false representation or, contrary to

a legal duty to do so, knowingly fails to disclose any material fact affecting eligibility or level of

benefits to the commission or its agents, for the purpose of causing any person, including the person

making such representations, to be eligible for emergency housing assistance, shall be punished by

a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or by

imprisonment for not more than one year.

     Nothing in this section shall be construed as preventing the institution of criminal

proceedings for the violation of any other law of the State of Rhode Island.

     (h) Any vendor under the emergency housing assistance program administered by the

commission shall submit to the commission, within six (6) months of the last day of the month in

which such service was rendered, a bill for the same. For the purposes of this chapter a vendor shall

be any person or institution providing services in connection with any assistance program

administered by the commission. All vouchers submitted by a vendor shall be signed under the

penalties of perjury.

     SECTION 2. This act shall take effect upon passage.

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LC005645

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING

RESOURCES ACT OF 1998

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     This act would create a program for emergency housing assistance to needy families with

children and pregnant woman with no other children through the Rhode Island housing resources

commission.

     This act would take effect upon passage.

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