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Rulemaking Process 101
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shelter providers
Statement of Basis and Purpose
The Department of Homeless Services ("DHS" or the "Department") provides temporary emergency shelter to homeless New York City residents in accordance with State and local law, implementing regulations, and court orders, with the goal of moving shelter residents back into permanent housing in the community as soon as possible.
DHS proposes to amend Title 31 of the Rules of the City of New York by adding Chapter 3, which pertains to single adults who return to shelter in the adult services system after an extended absence. Currently, if a single adult shelter client returns to the system within 365 days, the client must return to his or her official shelter (i.e., the shelter where he or she had been previously assigned), where he or she will receive a bed. If a client returns more than 365 days later, the client is sent to a single adult intake center to reapply for shelter, at which point he or she undergoes a new resource assessment and is assigned to a new official shelter.
Through years of experience and practice, DHS has found that many single adult shelter clients exit the system and return after an extended absence (a period of at least thirty consecutive days), but within 365 days. Although it may be beneficial under certain circumstances for some of these clients to return directly to their official shelters, DHS seeks to provide other clients who return after an extended absence with a new resource assessment to identify alternative housing options they may have identified, utilized, or secured during their absence, and to connect them to resources or benefits that may alleviate their need for shelter and help them avoid re-entry into the system. Such alternative housing options can provide clients with long term housing stability, and assist in seeking benefits, employment, or other social services in the community. Importantly, even if no alternatives are immediately available, or if a client chooses not to utilize those alternatives at that time, the resource assessment will provide helpful information to the client and shelter staff at the client's official shelter placement for on-going case management work.
Considering the value of this assessment, the proposed Chapter 3 provides for referral of a single adult shelter client returning to shelter after an extended absence to a diversion office (located at a DHS single adult intake center) to participate in a Single Adult Resource Assessment ("Assessment") conducted by diversion staff. This Assessment will determine where a client resided during his or her extended absence from the adult services system, identify alternative housing options, and connect the client to resources or benefits to avoid re-entry into shelter. If none of these options are available or if the client does not wish to utilize any available options, the client will be referred back to his or her official shelter in the adult services system.
The Department notes that it does not believe that requiring a client returning after an extended absence to participate in a resource assessment must be promulgated as a rule pursuant to the City Administrative Procedure Act ("CAPA"), and believes that it may implement such a procedure outside of CAPA. However, in the exercise of caution and in light of the Court's decision in Callahan v. Carey and Council of the City of New York v. Department of Homeless Services of the City of New York, 2012 N.Y. Misc. LEXIS 758 (Sup. Ct., N.Y. Co. 2012), the Department proposes to promulgate this procedure as a rule.
Read more about Single Adult Resource Assessment
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.
Read more about Permanent Housing Referral Criteria for Single Adults - Amended
Department of Homeless Services
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)(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.
housing referral
unsafe housing
Opportunity to comment on the proposed amendment to the Department of Homeless Services
89-111 Porter Avenue
Gloria Langlais
33 Beaver Street, 17th Floor
permanenet_housing_referral_amended_-_p_dhs_02_15_13_a.pdf
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