OTDA Regulatory Agenda

Pursuant to State Administrative Procedure Act (SAPA) § 202-d, the Office of Temporary and Disability Assistance (OTDA) is required to publish a regulatory agenda for those regulations that it is considering for publication in the New York State Register. Set forth below is an agenda for 2026. SAPA § 202-d does not preclude OTDA from proposing for adoption a regulation that is not described in the agenda, nor does it require OTDA to propose for adoption a regulation that is described in the agenda.

All references are to Title 18 of the New York Codes, Rules and Regulations (NYCRR) unless otherwise noted. The agenda items are organized pursuant to the Part of Title 18 NYCRR that most likely would be amended. However, the agenda items eventually could require amendments to different Parts than those listed below and/or to more than one Part of Title 18 NYCRR.

Part 301 – Veteran Assistance

Amend regulations to replace gender-specific terms with gender-neutral terms, to repeal outdated and stigmatizing terms, and to provide clarifying language.

Part 311 – Change of Residence

Amend regulations to repeal certain residency requirements to reflect current policies and practices.

Part 340 – Public Access to Department Records under the Freedom of Information Law

Update regulations concerning public access to records under the Freedom of Information Law to reflect the current organization of the Department of Family Assistance.

Part 346 – Support Collection

Establish guidelines for the local child support enforcement units to follow in determining whether and under what circumstances a passport, which has been denied, revoked, or restricted by the United States (U.S.) Department of State due to non-payment of child support, may be released.*

Update regulations to allow for reporting increases in the amount subject to administrative enforcement in certified cases.

Part 347 – Establishment of Paternity and Enforcement of Child Support

Revise regulations to permit electronic provision of notices and communications related to case closure and desk reviews of the distribution and disbursement of support collections.

Update regulations to allow the noncustodial parent’s copy of an electronic income withholding order (i.e., e-IWO) to be transmitted electronically, consistent with federal program rules.

Revise regulations concerning the provision of child support services in intergovernmental cases.

Update regulations to be consistent with the federal rules regarding case closure criteria, as set forth in Title 45 Code of Federal Regulations § 303.11, and to increase the options available to social services districts (districts) to close cases, if certain conditions are met.

Part 351 – Investigation and Eligibility

Amend regulations to conform with legislative changes made by Part I of Chapter 55 of the Laws of 2025 to remove the requirement that when determining whether the social services district would grant an individual a waiver from PA program requirements, that the domestic violence liaison must assess the credibility of the individual's assertion of domestic violence.

Amend regulations to update domestic violence and gender-based violence training requirements for certain district staff.*

Amend regulations to expand the type of information and screening made available to individuals during the application and recertification processes for public assistance, as well as when the screening is requested at an alternative time or an individual is otherwise identified as a potential survivor.*

Amend regulations to expand the population of individuals who may be able to receive a waiver related to certain public assistance requirements.*

Part 352 – Standards of Assistance

Amend regulations to make technical updates to Part 352, including updating references to “aid to dependent children” and “home relief” with “family assistance” and “safety net assistance” respectively.

Amend regulations to implement changes to public assistance policy consistent with Social Services Law (SSL) § 131-a, which provides districts the option to cap the contributions toward their monthly shelter costs to thirty percent of their monthly gross earned income, prior to applying appropriate disregards, and/or unearned income, for individuals living with HIV/AIDS. *

Amend regulations to increase the maximum threshold at which districts may waive the recovery of overpayments from an individual no longer in receipt of public assistance and whose overpayment is not the result of fraud.

Part 358 – Fair Hearings

Amend regulations to improve utilization of telephone, video, and other means of communication as means to improve both accessibility to fair hearings and use of technology.*

Part 359 – Disqualification for Intentional Program Violation

Revise regulation to clarify that certain disqualification consent agreements are reviewable at a fair hearing to ensure compliance with procedural requirements.*

Amend regulations to improve utilization of telephone, video, and other means of communication as means to improve both accessibility to administrative disqualification hearings and use of technology.*

Part 385 – Public Assistance and Supplemental Nutrition Assistance Program (SNAP) Employment Program Requirements

Amend regulations to require districts to approve participation in an educational or vocational training program, including participation in a post-secondary education program, when such work activity is consistent with an individual's employment plan and does not jeopardize federal work participation rates.*

Revise SNAP employment and training (SNAP E&T) regulations to conform to federal regulations and to authorize implementation of a voluntary SNAP E&T model.*

Part 387 – Supplemental Nutrition Assistance Program

Amend regulations to make technical updates to Part 387.

Update regulations to reflect the current policy that standard allowances for heating/air conditioning, utility and telephone costs are used in calculating shelter expenses for SNAP.*

Generally update SNAP regulations to conform to changes in federal regulations and law.*

Amend regulations to allow for a 36-month certification period for SNAP households in which all adult household members are disabled or elderly persons with very stable income.*

Amend regulations to allow for the issuance of a notice of “pending” status to a SNAP applicant household, instead of a notice of denial, when further action is needed to process their application.

Part 393 – Home Energy Assistance Program (HEAP)

Amend HEAP regulations to reflect current practices and the provisions of the federally accepted HEAP State Plan, including the confidentiality requirements contained therein.*

Amend regulations to articulate rules for protection of HEAP data and data sharing.

Part 491 – Shelters for Adults

Amend regulations to repeal the requirement that districts submit an annual shelter budget for each certified shelter for adults within their district and instead require that districts submit to OTDA an annual summary report that includes information on the costs of each certified shelter for adults within their district.*

Part 800 – Homeless Housing and Assistance Program (HHAP)

Amend regulations regarding the conflict of interest rules for HHAP to address all ownership entities involved in HHAP projects. Revise and update certain definitions and terminology, clarify funding processes, and provide for the role of the Homeless Housing and Assistance Corporation Board as established in Private Housing Finance Law § 45-c.

Part 900 – Shelters for Families with Children

Amend regulations to repeal the requirement that districts submit an annual shelter budget for each certified shelter for families with children within their district and instead require that districts submit to OTDA an annual summary report that includes information on the costs of each certified shelter for families with children within their district.*

It is not anticipated that small business regulation guides will need to be developed for the proposals set forth in this agenda.

* The asterisks identify rules for which a regulatory flexibility analysis or a rural area flexibility analysis may be required.

At this time, OTDA cannot specify the dates for publication in the New York State Register of the items listed above. OTDA would welcome comments related to this regulatory agenda at the address listed below, and each published Notice of Proposed Rule Making will provide a public comment period and a contact person to whom comments may be sent.

Any questions, comments, or requests for information concerning the items listed in this agenda may be referred to Thomas Makely, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243. Telephone: (518) 402-3966. E-mail: thomas.makely@otda.ny.gov. The regulatory agenda may be accessed on OTDA's website at https://otda.ny.gov/policy/regulatory-agenda/.