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6. No allowance under this subdivision will be paid unless the social services district documents that such allowance will not be used to replace funds previously used, or designated for use, to secure housing for homeless families. 7. No allowance provided under this subdivision will be paid for housing which does not comply with or which is not brought into substantial compliance with the local housing code or which has been occupied by a family receiving FA or SNA within one year prior to the payment of an allowance hereunder; provided, however, that such allowance may be held in escrow by the district pending correction of existing code violations. Moreover, no allowance will be paid unless the participating landlord agrees to make a specified apartment available to the selected family for a period of up to 32 months as approved by the department, except as provided herein. The landlord must agree that, in the event that a selected family does not remain for any reason in the specified apartment for the period for which it is to be available, the landlord will return a pro rata portion of the allowance reflecting the balance of the period. In such event, the district may provide an allowance with respect to a subsequently selected family for the balance of the period, provided further that such family meets the eligibility criteria set forth in this subdivision. 8. Allowances provided under this subdivision must be paid for a maximum period specified by the district and approved by the department. 9. Social services districts providing allowances under this subdivision must submit information on a monthly basis in a manner prescribed by the department, including but not limited to: i. the number of units rented that were privately owned and the number of units rented that were publicly owned and the addresses of such units; ii. the individual allowances issued; and iii. the number of families leaving apartments funded with allowances under this subdivision. (j) If rent has not been paid for the month in which the case is accepted, a non-prorated shelter allowance, not to exceed the appropriate local agency maximum monthly shelter allowance, must be provided to retain the living accommodation. (k) Emergency shelter allowances. 1. An emergency shelter allowance must be provided, upon request, to a household composed of an applicant for or recipient of public assistance, who has been medically diagnosed as having AIDS or HIV-related illness as defined from time-to-time by the AIDS Institute of the State Department of Health, and any household members residing with such person. Such household must be homeless or faced with homelessness and have no viable and less costly alternative housing available. The social and medical needs of the household members must be considered in making a determination concerning availability of alternative housing. i. An applicant for or recipient of public assistance medically diagnosed as having AIDS or HIV-related illness is considered to be the “first person” in the household, and qualifies the household for an emergency shelter allowance. The first person may or may not be in receipt of supplemental security income (SSI). ii. The income and needs of the first person medically diagnosed as having AIDS or HIV-related illness and any additional household member that is not in receipt of