Bill Text: NY S04802 | 2017-2018 | General Assembly | Amended


Bill Title: Requires the department of homeless services of the city of New York to provide notice to local public officials relating to establishment of homeless shelters and the use of hotels for the homeless.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2018-06-20 - COMMITTED TO RULES [S04802 Detail]

Download: New_York-2017-S04802-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4802--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 1, 2017
                                       ___________
        Introduced by Sens. KLEIN, AVELLA, ADDABBO, ALCANTARA, FELDER, HAMILTON,
          PERALTA, SAVINO -- read twice and ordered printed, and when printed to
          be  committed to the Committee on Cities -- recommitted to the Commit-
          tee on Cities in accordance with Senate Rule 6,  sec.  8  --  reported
          favorably  from  said  committee,  ordered to first report, amended on
          first report, ordered  to  a  second  report  and  ordered  reprinted,
          retaining its place in the order of second report
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to the establishment of homeless  shelters  and  the  use  of
          units in privately owned hotels for the provision of housing for home-
          less individuals
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 21-312 of the administrative code of  the  city  of
     2  New York is amended by adding a new subdivision f to read as follows:
     3    f.  Establishment  of  new  shelters. 1. Not less than forty-five days
     4  prior to the public hearing held  by  the  mayor's  office  of  contract
     5  services relating to the construction of a homeless shelter, the depart-
     6  ment  shall provide, in not less than two forms of communication, notice
     7  of the details of the proposed shelter, including  the  social  services
     8  operator  of  such  shelter,  the  address of such shelter, the expected
     9  census of such shelter and the expected certified capacity of such shel-
    10  ter, to the following officials:
    11    (i) the community board of the community in which the proposed shelter
    12  is to be located;
    13    (ii) the city council member representing the district  in  which  the
    14  proposed shelter is to be located;
    15    (iii)  the  member  of the state assembly representing the district in
    16  which the proposed shelter is to be located;
    17    (iv) the state senator representing the district in which the proposed
    18  shelter is to be located;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07143-05-8

        S. 4802--A                          2
     1    (v) the member of the federal House  of  Representatives  representing
     2  the district in which the proposed shelter is to be located; and
     3    (vi)  the borough president of the borough in which the proposed shel-
     4  ter is to be located.
     5    2. Within fifteen days of receiving notice pursuant to  paragraph  one
     6  of this subdivision, the community board may request that the department
     7  schedule  a  public hearing to be held within fifteen days at a location
     8  within the community to be affected by  the  proposed  shelter  for  the
     9  purpose of gaining public input thereon. Following any such public hear-
    10  ing,  the department shall consider all such comments and, in accordance
    11  with reasonable concerns raised, modify its proposal for the  establish-
    12  ment of a shelter.
    13    3.  The department, not less than forty-five days prior to the opening
    14  of any new shelter, shall provide notice of the address, proposed census
    15  and proposed certified capacity of such shelter to the precinct  of  the
    16  police department in which such shelter is located.
    17    4. Not more than twenty days after the opening of any new shelter, the
    18  department  shall  establish  and operate a community advisory board for
    19  the shelter to ensure ongoing collaboration  with  the  community.  Each
    20  such  board  shall  be  composed  of community members, and designees of
    21  local elected officials and the community board.
    22    § 2. The administrative code of the city of New  York  is  amended  by
    23  adding a new section 21-321 to read as follows:
    24    §  21-321  Privately owned hotels providing shelter for homeless indi-
    25  viduals. a. On a quarterly basis, the department shall issue a report on
    26  the use and proposed use of privately owned hotels for the provision  of
    27  shelter for homeless individuals. Such report shall be submitted to:
    28    1.  each  community  board  for the community in which such a hotel is
    29  located;
    30    2. each city council member representing a district in  which  such  a
    31  hotel is located;
    32    3.  each member of the state assembly representing a district in which
    33  such a hotel is located;
    34    4. each state senator representing a district in which such a hotel is
    35  located;
    36    5. each member of the federal House of Representatives representing  a
    37  district in which such a hotel is located; and
    38    6. each borough president.
    39    b.  Prior  to the placement of any homeless individuals in a privately
    40  owned hotel, the department shall  inspect  and  certify  the  hotel  to
    41  ensure  its  safety  and  the  welfare of the homeless individuals to be
    42  placed therein. Such inspection to ensure  the  safety  and  welfare  of
    43  individuals  shall  include,  but  not be limited to, certification that
    44  such building has no  outstanding  violations.    The  department  shall
    45  establish  and  maintain  a  list  of hotels that have been certified as
    46  suitable for placement of homeless individuals with children which shall
    47  be made available to the public in accordance with  chapter  forty-eight
    48  of the city charter.
    49    c.  In  the  event  that any additional hotel units are required to be
    50  utilized to meet a projected need  for  shelter,  the  department  shall
    51  provide  notice thereof, not less than one week prior to the utilization
    52  of such units, to the appropriate public officials and  body  listed  in
    53  subdivision  a  of this section. Furthermore, the department shall cause
    54  an inspection to be made of such units, pursuant  to  subdivision  b  of
    55  this section, at least one week prior to the utilization thereof.

        S. 4802--A                          3
     1    d.  Whenever  the department utilizes hotel units on a temporary basis
     2  for the housing of homeless persons, it shall provide not less than  one
     3  week  notice thereof to the public officials and body listed in subdivi-
     4  sion a of this section, and to the precinct of the police department  in
     5  which such units are located.
     6    e.  In  the  event  the  department utilizes twenty-five or more units
     7  within any single hotel, or  utilizes  any  hotel  unit  for  more  than
     8  fifteen  consecutive days, it shall provide notice thereof to the public
     9  officials and body listed in subdivision a of this section.
    10    f. Within fifteen days of receiving any notice pursuant to subdivision
    11  c, d or e of this section, the appropriate community board may  schedule
    12  to  hold  a  public  hearing  within  fifteen  days within the community
    13  affected by the hotel for the purpose of gaining public  input  thereon,
    14  which shall be forwarded to the department.
    15    §  3.  Emergency shelter for individuals in privately owned hotels. In
    16  the event need for shelter exceeds the  inventory  of  hotels  currently
    17  eligible  for placement pursuant to section 21-321 of the administrative
    18  code of the city of New York, as added by section two of this  act,  due
    19  to  inclement weather, as defined in section 304.1(a) of title 18 of the
    20  New York state codes, rules and regulations, the department of  homeless
    21  services of the city of New York shall have the authority to temporarily
    22  place  individuals in hotels and conduct notification of community offi-
    23  cials in the same manner as provided in such section of the  administra-
    24  tive code of the city of New York, within 48 hours of the placements.
    25    §  4.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law.
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