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NEW YORK STATE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
HISTORICAL CONTEXT
In 1981 the federal government consolidated a number of temporary energy assistance statutes designed to ameliorate the harsher effects on low income households of the oil embargo sponsored by the Organization of Petroleum Exporting Countries ("OPEC") into the Low-Income Home
Energy Assistance Act ("LIHEAA" - 42 U.S.C. §§ 8621, et seq.). Pursuant to LIHEAA the federal government annually appropriates "block grant" funds to the various states "to assist eligible households to meet the costs of home energy." (42 U.S.C. § 8621.a) These funds are disbursed by the federal government pursuant to a formula established by the United States Department of Health and Human Services ("HHS") using parameters established in LIHEAA. As with all block grant programs, these federal funds constitute the entire grant for the program, unless supplemented by state funds or other resources. "Block grant" programs are not entitlement programs. Benefits are available to eligible and qualified applicants only for so long as funding remains available and/or the program remains open.
To access LIHEAA funds, each state annually submits a plan to HHS. This Plan provides an overview of the process which the state will use to distribute its portion of LIHEAA funds in accordance with the broad requirements of the LIHEAA. In New York State, Social Services Law § 97 provides the statutory authority for the implementation of LIHEAA and directs that the Office of Temporary and Disability Assistance (“OTDA”) is responsible for the development of the LIHEAA Plan which is approved by, signed by and submitted by the Governor and local county departments of social services are primarily responsible for the implementation and management of the Plan. In New York State, we call this program the Home Energy Assistance Program (“HEAP”).
The buttons on the upper right hand corner of this page will direct you to specific information, data, articles, reports, and other items of interest for the development of next year’s HEAP as well as this year’s HEAP, past HEAP years. As always, please address questions concerning HEAP to info@pulp.tc. In cases where time is a factor, please call at 1-800-255-7857.
Cases of Interest
Marbley v Bane (elimination/reduction of HEAP for tenants in subsidized housing)
District Court Judgment
District Court Opinion
Circuit Court Opinion
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