ny-TDA-42-26-00001-EP: Standard Utility Allowances (SUAs) for the Supplemental Nutri- tionAssistance Program (SNAP)

I.D. No. TDA-42-26-00001-EP Filing No. 954 Filing Date: 2026-10-01 Effective Date: 2026-10-01 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: ProposedAction: Amendment of section 387.12(f)(3)(v)(a)-(c) of Title 18 NYCRR. Statutory authority: Social Services Law, sections 17(a)-(b), (k), 20(3)(d) and 95; 7 United States Code, section 2014(e)(6)(C); 7 Code of Federal Regulations, section 273.9(d)(6)(iii) Finding of necessity for emergency rule: Preservation of public health and general welfare. Specific reasons underlying the finding of necessity: It is of great importance that the annually-adjusted standard utility allowances (SUAs) for the Supplemental NutritionAssistance Program (SNAP) are applied to SNAP benefit calculations effective October 1, 2026, and thereafter until new amounts eventually are established. The new SUA amounts for heating/cooling, utilities and telephone must be implemented by the October 1, 2026 deadline. The use of outdated SUAs could result in fiscal penalties by the federal government against the State. These emergency amendments protect the public health and general welfare by setting forth the annually-adjusted SUAs effective as of October 1, 2026. For New York to continue the State option to use the SUAin lieu of the actual utility cost portion of SNAP household shelter expenses, new al- lowances must be in place. Otherwise, the State may be forced to use the actual utility cost portion of the shelter expenses of each SNAPhousehold. This policy would result in all 58 social services districts (districts) in New York State having to require approximately 1.6 million SNAP households to provide verification of the actual utility cost portions of their shelter expenses. This policy would create a tremendous burden on both districts as well as recipient households. This burden on the districts and 1.6 million SNAP households could result in significant harm to the health and welfare of these households. It is noted that the regulatory amendments are being promulgated pur- suant to a combined Notice of Emergency Adoption and Proposed Rule Making, instead of a Notice of Proposed Rule Making, due to time constraints. Therefore, an emergency adoption is necessary to help ensure that the new SUAs are effective on October 1, 2026. Although these regulations are being promulgated on an emergency basis to protect the public health and general welfare, OTDAwill receive public comments on its combined Notice of Emergency Adoption and Proposed Rule Making until 60 days after publication of this notice. Subject: Standard Utility Allowances (SUAs) for the Supplemental Nutri- tionAssistance Program (SNAP). Purpose: These regulatory amendments set forth the annually-adjusted SUAs as of 10/01/2026. Text of emergency/proposed rule: Clauses (a)-(c) of subparagraph (v) of 20 NYS Register/October 21, 2026 paragraph (3) of subdivision (f) of § 387.12 of Title 18 NYCRR are