(f) Shelter deduction.
(1) The monthly shelter expenses in excess of
50 percent of the household's income after all other deductions set forth in
subdivisions (a)-(d) of this section have been allowed.
(2) The maximum limit is published annually
in the general notices in the Federal Register.
This limit applies unless the household contains a member
who is elderly or disabled as defined in this Part. Such households shall
receive an excess shelter deduction for the monthly cost that exceeds 50
percent of the household's monthly income after all other applicable
deductions.
(3) Only the
following shall be considered as shelter expenses:
(i) Recurring charges including rent,
mortgage, or other recurring charges leading to ownership of the shelter; e.g.,
loan and interest repayment for the purpose of a mobile home.
(ii) Property taxes (State and local
assessments), insurance on the structure itself; the cost of fuel and
electricity for heating, cooling, cooking and domestic hot water, water,
sewage, garbage and trash collection; the basic fee for one telephone including
the tax on the basic fee, and fees charged by the utility provider for initial
installation of the utility. One-time deposits shall not be considered as
shelter expenses.
(iii) Costs for
the home if temporarily not occupied by the household because of employment or
training away from the home, illness or abandonment caused by a natural
disaster or casualty loss. The members of the household must intend to return
to the home. The current occupant, if any, is not permitted to claim the
shelter expenses for Supplemental Nutrition Assistance Program (SNAP) purposes
and the home must not be leased or rented during the absence of the
household.
(iv) Charges for repair
of the home which was substantially damaged or destroyed due to a natural
disaster such as fire or flood excluding those repair costs that are subject to
reimbursement by private or public relief agencies, insurance or any other
source.
(v) Standard allowances. A
household which is billed separately and on a recurring basis for heating
and/or cooling costs, other utility costs and/or a telephone cost, or is
entitled to a Home Energy Assistance Program (HEAP) payment or other Low Income
Home Energy Assistance Act (LIHEAA) payment must use the standard allowances in
calculating shelter expenses. If actual documented expenses exceed the standard
allowances, the actual costs may be used. When a household lives with other
households and shares heating and/or cooling, utility and/or telephone expenses
with such households and is otherwise eligible to claim a standard allowance,
the allowance must be divided equally among the number of households which
contribute towards payment of the bill whether or not all households
participate in the SNAP. Such household may claim its prorated share of the
standard or its actual expenses, whichever is greater. If a prorated share of
the standard is used, the amount of the prorated share amount may not exceed
the total actual expense incurred for this item by the entire group which
shares the expense. Households will be advised of the right to switch between
the use of actual documented expenses and the standard allowance. Households
will be permitted to switch between actual costs and the standard allowance for
heating/cooling at the time of recertification and one additional time
thereafter during each 12-month period.
(a)
The standard allowance for heating/cooling consists of the costs for heating
and/or cooling the residence, electricity not used to heat or cool the
residence, cooking fuel, sewage, trash collection, water fees, fuel for heating
hot water and basic service for one telephone. The standard allowance for
heating/cooling is available to households which incur heating and/or cooling
costs separate and apart from rent and are billed separately from rent or
mortgage on a regular basis for heating and/or cooling their residence, or to
households entitled to a Home Energy Assistance Program (HEAP) payment or other
Low Income Home Energy Assistance Act (LIHEAA) payment. A household living in
public housing or other rental housing which has central utility meters and
which charges the household for excess heating or cooling costs only is not
entitled to the standard allowance for heating/cooling unless they are entitled
to a HEAP or LIHEAA payment. Such a household may claim actual costs which are
paid separately. Households which do not qualify for the standard allowance for
heating/cooling may be allowed to use the standard allowance for utilities or
the standard allowance for telephone. As of October 1, 2023, but subject to
subsequent adjustments as required by the United States Department of
Agriculture (USDA), the standard allowance for heating/cooling for SNAP
applicant and recipient households residing in New York City is $992; for
households residing in either Suffolk or Nassau Counties, it is $923 ; and for
households residing in any other county of New York State, it is
$819.
(b) The standard allowance
for utilities consists of the costs for electricity not used to heat or cool
the residence, cooking fuel, sewage, trash collection, water fees, fuel for
heating hot water and basic service for one telephone. It is available to
households billed separately from rent or mortgage for one or more of these
utilities other than telephone. The standard allowance for utilities is
available to households which do not qualify for the standard allowance for
heating/cooling. Households which do not qualify for the standard allowance for
utilities may be allowed to use the standard allowance for telephone. As of
October 1, 2023, but subject to subsequent adjustments as required by the
USDA, the standard allowance for utilities for SNAP applicant and recipient
households residing in New York City is $391; for households residing in either
Suffolk or Nassau Counties, it is $363; and for households residing in any
other county of New York State, it is $332.
(c) The standard allowance for telephone
consists of the cost for basic service for one telephone. The standard
allowance for telephone is available to households which do not qualify for the
standard allowance for heating/cooling or the standard allowance for utilities.
As of October 1, 2023, but subject to subsequent adjustments as required by
the USDA, the standard allowance for telephone for all SNAP applicant and
recipient households residing in New York State is $31.
(d) OTDA must review the standard utility
allowances annually, or at such time as otherwise directed by the USDA, and
make adjustments to reflect changes in costs subject to the approval and
direction of the USDA. Households whose SNAP benefits are reduced due to such
changes shall receive notification of the changes in accordance with section
358-3.3 of this Title.
(vi) Shelter costs for homeless
households. Each household in which all members are homeless (homeless
household) and not receiving free shelter throughout the calendar month and
which incurs or reasonably expects to incur shelter costs during a month are
eligible for a standard shelter allowance as a shelter expense. A homeless
household may, however, claim actual verified shelter costs as a shelter
expense if the actual costs are greater than the standard shelter allowance. A
homeless household which incurs no shelter costs during the month is not
eligible for a standard shelter allowance.
