NY MPA Proposal 16: Eviction Prevention

Proposal 16 of New York’s Master Plan for Aging seeks to prevent eviction and foreclosure among older adults, people with disabilities, and their caregivers by 2028 by recommending a state-funded housing voucher modeled on existing exemptions such as the Senior Citizen Rent Increase Exemption and by expanding statewide access to legal assistance for those facing eviction or foreclosure.

The MPA Stakeholder Advisory Committee determined that this proposal's potential impact (based on ROI, consensus/support, and urgency) is high and its feasibility (based on cost and difficulty of implementation) is high. The MPA Council determined that the potential timeline would be long-term and would have fiscal implications.

Full Text of Proposal 16

Summary: Ensure people can stay in their homes and avoid eviction. Recommendations include reviewing budgetary opportunities to provide a state-funded housing voucher or a state funded plan for housing assistance for New York’s lowest-income seniors, modeled after the Senior Citizen Rent Increase Exemption, and providing legal assistance to all older adults, individuals with disabilities, and caregivers facing eviction or foreclosure.

Justification: Eviction and foreclosure can be especially devastating for older adults, people with disabilities, and their caretakers. An eviction prevention proposal is needed to both address and improve affordability of rent across NYS and NYC through a state funded housing voucher or plan. Tenants in NYC can receive free legal representation, advice, and other legal assistance if they are facing eviction or other related housing issues. However, this service is not available statewide. Expanding this service statewide would provide older adults, people with disabilities and their caretakers who may be facing eviction or foreclosure with needed legal assistance to navigate these hardships.

Full Proposal:

To ensure that people are able to stay in their homes and avoid the disruption of eviction:

1. Study the budget, implementation options, policy decisions, and unintended consequences that would be required to provide to the state’s lowest income seniors, people with disabilities, and their caregivers with either a state-funded housing voucher and/or a state funded plan for assistance modeled after the locally funded Senior Citizen Rent Increase Exemption/Disability Rent Increase Exemption/Senior Citizen Homeowner’s Exemption or similar.

2. Since eviction or foreclosure can be especially devastating for older adults, people with disabilities, and their caretakers, the state could provide funding to provide legal assistance to all such persons facing eviction or foreclosure.

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MPA Council Commentary: This proposal is categorized as long-term. Funding decisions are made in the context of the annual budget process and would be subject to the availability of resources.  If the proposal to provide state funding for legal counsel in housing court were to advance, the next step to implement this proposal would be to study the implementation process followed by New York City in its comparable program and identify which components could be implemented at the state level and which components would require partnering with local authorities.

Source: Final MPA Report at 148, MPA website.

Relevance to Elder Law

Although eviction defense itself is not a core part of elder law practice, housing stability is central to the well-being of older adults and people with disabilities. Proposal 16 connects to elder law in several important ways:

• Aging in Place: Stable housing is a foundation for remaining at home and avoiding premature institutionalization. Elder lawyers advising on care planning should be aware of programs that help clients remain in their homes.
• Caregiver Support: By protecting caregivers from eviction and foreclosure, Proposal 16 indirectly supports older clients who rely on those caregivers for daily living and long-term care.
• Holistic Planning: Housing assistance programs (like vouchers or exemptions) may interact with benefits planning, budgeting, and long-term care arrangements. Elder lawyers may need to understand these supports when developing comprehensive plans for clients.
• Policy Awareness: Elder law practitioners may not handle eviction cases directly, but staying informed about housing policy developments is essential, since these shape the broader context in which clients age and access services.

Landlord Considerations

Proposal 16 emphasizes housing stability for older adults, people with disabilities, and caregivers. While preventing eviction and foreclosure is critical for these groups, policies must also account for landlords’ rights and practical realities. Aging in place supports dignity and continuity for long-term tenants, but blanket restrictions on eviction could create challenges. For example, if a landlord rents to an older tenant for the first time and that tenant later falls behind on rent, rigid protections could unintentionally shift the financial risk to the landlord. Importantly, the proposal already contemplates state-funded housing vouchers or assistance programs. If implemented, such funding could help balance tenant protections with landlord autonomy by ensuring that landlords remain financially whole while vulnerable tenants are able to remain securely housed.