§ 21-314.2 Signage and other materials about shelter transfers.

   a.   Definitions. For the purposes of this section, the following terms have the following meanings:

      Adult. The term "adult" means any person who is 18 years of age or older.

      Adult family. The term "adult family" means a family comprising adults and no minor children.

      Family with children. The term "family with children" means a family as defined by section 900.2 of title 18 of the New York codes, rules, and regulations.

      Shelter. The term "shelter" means any temporary emergency housing provided to homeless adults, adult families and families with children by the department or by a provider under contract or similar agreement with the department.

   b.   The commissioner shall create, maintain, and update signs and any other related materials that are deemed necessary, including materials for people who have visual disabilities that include information about the office of disability affairs, related to shelter transfers. Such signage and related materials shall be conspicuously placed in all shelters and shall include, at a minimum:

      1.   A statement that individuals and families have a right to seek shelter and a right to shelter if eligible;

      2.   A statement that clients have a right to request a reasonable accommodation if they have a disabling condition that needs to be accommodated for them to access shelter;

      3.   A statement that the department will consider requests for transfer from clients who have a documented safety risk in a specific neighborhood, borough, or at a specific shelter;

      4.   A statement that clients have a right to request an agency conference or a fair hearing pursuant to part 358 of title 18 of the New York codes, rules and regulations to challenge the adequacy of a shelter placement;

      5.   Information about how to request an agency conference, fair hearing or any opportunity afforded to clients by an agency or staff to review the transfer;

      6.   A plain language summary of the department's current transfer policy, which shall include examples of why a client may be transferred and the notification process should a transfer be initiated;

      7.   A statement that clients have the right to apply for shelter, even if they have left voluntarily;

      8.   Information about school-related transfers, including a statement that clients may request a transfer to a shelter closer to their child's school and the process for requesting such a transfer; and

      9.   Contact information, including phone numbers for the 311 customer service center, available free legal assistance, and any appropriate non-profit organizations aimed at helping individuals find shelter.

   c.   The department shall ensure that such signage and related materials are available on the department's website in English and each of the designated citywide languages as defined in section 23-1101 of the administrative code.

(L.L. 2021/142, 12/11/2021, eff. 3/11/2022)

§ 21-315 Adult shelters operating in excess of two hundred persons.

   a.   For the purposes of this section, a shelter for adults that operates with a permitted census in excess of two hundred persons pursuant to subdivision b of section 21-312 of this code shall be termed "a grandfathered shelter." In the event that any grandfathered shelter is closed, it may be replaced pursuant to the following provisions:

      1.   The Kingsboro Shelter Building 6 operating with a census of two hundred twenty-one persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of two hundred twenty-one persons.

      2.   The Brooklyn Women's Shelter operating with a census of two hundred twenty-nine persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of two hundred twenty-nine persons.

      3.   The Atlantic Shelter operating with a census of three hundred fifty persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of three hundred fifty persons.

      4.   The Borden Shelter operating with a census of four hundred ten persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of three hundred fifty persons.

      5.   The Bellevue Shelter operating with a census of eight hundred fifty persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.

      6.   The Camp LaGuardia Shelter operating with a census of one thousand seventeen persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.

      7.   The Charles H. Gay Shelter operating with a census of one thousand thirty-seven persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.

   b.   Each new shelter which replaces a shelter listed in subdivision a of this section shall comply with applicable statutes, laws, rules and regulations, including, but not limited to, section 197-c of the New York city charter.

§ 21-316 Presumption of eligibility.

   a.   For purposes of this section, "HRA domestic violence shelter" shall mean any residential care facility providing emergency shelter and services to victims of domestic violence and their minor children and operated by the department of social services/human resources administration or a provider under contract or similar agreement with the department of social services/ human resources administration.

   b.   The department shall deem any applicant residing in an HRA domestic violence shelter an eligible homeless person for purposes of temporary shelter placement provided by the department provided (i) the applicant is no longer eligible for such HRA domestic violence shelter because such applicant has exhausted the maximum length of stay permitted at such HRA domestic violence shelter; (ii) the human resources administration or successor entity has provided the department with advance notice of such applicant's upcoming exit from such HRA domestic violence shelter, with the human resources administration or successor entity required to provide such advance notice where applicable; and (iii) such applicant reports to the department on the same calendar day as the applicant's exit from such HRA domestic violence shelter. Such applicants shall not be required to undergo an eligibility determination process at a department intake facility prior to being admitted to a temporary shelter placement.