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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of Homeless Services (DHS) provides temporary emergency shelter to homeless New York City residents and does so in accordance with State and local law and implementing regulations with the goal of moving shelter residents back into permanent housing in the community as soon as possible.

 

Title 31, Chapter 2 of the Rules of the City of New York instructs shelter staff at all homeless shelters for single adults to refrain from referring clients to permanent housing in buildings that meet one or more of the criteria set forth in the rule and to penalize programs that make such referrals.

 

To increase the stringency of the effort to prevent referrals of homeless individuals to unsafe or substandard buildings and to ensure that DHS clients are fully informed when making decisions about permanent housing, DHS adopts the following amendments to Title 31, Chapter 2 of the Rules of the City of New York. Specifically, DHS amends the rule as follows:

 

§2-01(a) provides criteria for evaluating whether a housing referral is inappropriate. If the housing option meets any of the criteria set forth in this subdivision, shelter providers may not make the referral.

 

  • §2-01(a)(3) is amended to include buildings with Hazard Class “I” violations in the New York City Department of Housing Preservation and Development (HPD) Complaint, Violations and Registration Information database as buildings inappropriate for referral. This hazard class signifies violations that lead to vacate orders from HPD.

 

  • §2-01(a)(4) is amended to include buildings inappropriate for referral that have one or more complaints on the Department of Building’s (DOB) website within four years preceding the time the client’s exit from shelter is being planned. The rule currently prohibits referrals to buildings with complaints on DOB’s website within two years preceding the time the client’s exit from shelter is planned. This provision is also amended to include buildings that have complaint disposition codes that are blank on the DOB website and those with complaint dispositions indicating the DOB investigator could not obtain access to investigate the reported violations.

 

§2-01 is further amended to include a new subdivision (d), which requires that shelter providers evaluate housing options presented by a landlord or agent against the criteria set forth in subdivision (a) before the housing option is presented to shelter clients. If the housing options meet any of the criteria in (a), the shelter provider is to forbid the landlord or agent from presenting it. This amendment prevents presentations of substandard and unsafe housing to DHS clients.

 

§2-01 is further amended to include a new subdivision (e), which provides a procedure for clients to report housing they believe meets the criteria set forth in subdivision (a). Shelter providers are to assist clients in reporting the housing violations via 311. Shelter providers are to make the referral if HPD or DOB inspect the housing and do not find any violations, though the client may still refuse. This amendment provides means for the client to prevent shelter providers from making inappropriate referrals.

 

§2-01 is further amended to include a new subdivision (f), which requires shelter providers to provide clients with a listing the criteria set forth in subdivision (a), as well as written instructions for reporting violations through 311. This amendment provides further assurance that clients are fully informed when evaluating potential housing options.

 

 

Effective Date: 
Thu, 05/02/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 18, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

The Department of Homeless Services (DHS) provides temporary emergency shelter to homeless New York City residents and does so in accordance with State and local law and implementing regulations with the goal of moving shelter residents back into permanent housing in the community as soon as possible.

 

Title 31, Chapter 2 of the Rules of the City of New York instructs shelter staff at all homeless shelters for single adults to refrain from referring clients to permanent housing in buildings that meet one or more of the criteria set forth in the rule and to penalize programs that make such referrals.

 

To increase the stringency of the effort to prevent referrals of homeless individuals to unsafe or substandard buildings and to ensure that DHS clients are fully informed when making decisions about permanent housing, DHS proposes to amend Title 31, Chapter 2 of the Rules of the City of New York. Specifically, DHS proposes to amend the rule as follows:

 

§2-01(a) provides criteria for evaluating whether a housing referral is inappropriate. If the housing option meets any of the criteria set forth in this subdivision, shelter providers may not make the referral.

 

·             §2-01(a)(3) is amended to include buildings with Hazard Class “I” violations in the New York City Department of Housing Preservation and Development (HPD) Complaint, Violations and Registration Information database as buildings inappropriate for referral. This hazard class signifies violations that lead to vacate orders from HPD.

 

·             §2-01(a)(4) is amended to include buildings inappropriate for referral that have one or more complaints on the Department of Building’s (DOB) website within four years preceding the time the client’s exit from shelter is being planned. The rule currently prohibits referrals to buildings with complaints on DOB’s website within two years preceding the time the client’s exit from shelter is planned. This provision is also amended to include buildings that have complaint disposition codes that are blank on the DOB website and those with complaint dispositions indicating the DOB investigator could not obtain access to investigate the reported violations.

·              

§2-01 is further amended to include a new subdivision (d), which requires that shelter providers evaluate housing options presented by a landlord or agent against the criteria set forth in subdivision

(a) before the housing option is presented to shelter clients. If the housing options meet any of the criteria in (a), the shelter provider is to forbid the landlord or agent from presenting it. This amendment prevents presentations of substandard and unsafe housing to DHS clients.

 

§2-01 is further amended to include a new subdivision (e), which provides a procedure for clients to report housing they believe meets the criteria set forth in subdivision (a). Shelter providers are to assist clients in reporting the housing violations via 311. Shelter providers are to make the referral if HPD or DOB inspect the housing and do not find any violations, though the client may still refuse. This amendment provides means for the client to prevent shelter providers from making inappropriate referrals.

 

§2-01 is further amended to include a new subdivision (f), which requires shelter providers to provide clients with a listing the criteria set forth in subdivision (a), as well as written instructions for reporting violations through 311. This amendment provides further assurance that clients are fully informed when evaluating potential housing options.

 

 

Subject: 

Opportunity to comment on the proposed amendment to the Department of Homeless Services

Location: 
89-111 Porter Avenue
Brooklyn, NY 11237
Contact: 

Gloria Langlais
Department of Homeless Services
33 Beaver Street, 17th Floor
New York, NY 10004
Phone:(212) 361-7993
Fax: (212) 361-8010

Download Copy of Proposed Rule (.pdf):