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NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
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Title 7: Legal Affairs
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Title 21: Social Services
Chapter 1: Department of Social Services
Chapter 2: Department for the Aging
Chapter 3: Department of Homeless Services
§ 21-301 Definitions.
§ 21-302 Housing-readiness training and aftercare programs.
§ 21-303 Training and supervision of housing specialists.
§ 21-304 Computerization.
§ 21-305 Permanent housing resource clearinghouse.
§ 21-306 Continuum of care steering committee.
§ 21-307 Interagency coordinating council.
§ 21-308 Five-year plan to relieve homelessness.
§ 21-309 Referrals to non-compliant hotel units prohibited.
§ 21-310 Compilation of data on homeless veterans.
§ 21-311 Quarterly reporting requirements.
§ 21-312 Shelters for adults.
§ 21-313 The emergency assistance unit.
§ 21-314 Case management services.
§ 21-314.1 Signage and other materials.
§ 21-314.2 Signage and other materials about shelter transfers.
§ 21-315 Adult shelters operating in excess of two hundred persons.
§ 21-316 Presumption of eligibility.
§ 21-317 Medical and mental health services in shelters.
§ 21-318 Distribution of domestic violence education materials.
§ 21-319 Unsheltered homeless population record.
§ 21-320 Opioid antagonist administration training
§ 21-321 Educational continuity.
§ 21-322 Daily census data.
§ 21-323 Referral of additional services.
§ 21-324 Community involvement.
§ 21-325 Pet accommodation plan.*
§ 21-325 Security guard and fire guard training.*
§ 21-325 Notification and documentation for shelter transfers.*
§ 21-326 Resources for client service providers and responses to complaints of gender-based harassment and sexual assault.
§ 21-327 Information regarding the placement of pets.
§ 21-328 Reporting requirements regarding the city fighting homelessness & eviction prevention supplement.
§ 21-329 Reporting on homeless families with children.
§ 21-330 Mental health professionals in families with children shelters.
§ 21-331 Customer service training.
§ 21-332 Homeless statement of rights.
§ 21-333 Reporting on homeless LGBTQ population.
§ 21-334 Children’s presence not required in person when applying for families with children shelter.
Chapter 4: Department of Youth and Community Development
Chapter 5: Work Experience Program Grievance Procedure*
Chapter 5: Department of Employment Transitional Jobs Program*
Chapter 7: Education and Training for Public Assistance Recipients
Chapter 8: Day Laborer Job Centers [Repealed]
Chapter 9: Children's Services
Chapter 10: Unconditional Direct Cash Assistance
Title 21-A: Education
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Title 23: Communications
Title 24: Environmental Protection and Utilities
Title 25: Land Use
Title 26: Housing and Buildings
Title 27: Construction and Maintenance
Title 28: New York City Construction Codes
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Title 30: Emergency Management
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Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
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Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
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Title 38-A: Civilian Complaint Review Board
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Title 40: Board of Correction
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Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
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Title 72: Office of Emergency Management
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§ 21-305 Permanent housing resource clearinghouse.
The commissioner shall establish, in conjunction with the department of housing preservation and development and the New York city housing authority, a permanent housing resource clearinghouse to coordinate and track such permanent housing resources as may be approved as available to eligible homeless persons.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/051 and L.L. 1995/075.
§ 21-306 Continuum of care steering committee.
There shall be a continuum of care steering committee, which shall be responsible for providing advice to the commissioner on implementation of the requirements of the homeless emergency assistance and rapid transition to housing act of 2009, codified in chapter 119 of title 42 of the United States code, and any regulations promulgated pursuant to such act. The steering committee shall be created pursuant to section 578.5 of title 24 of the code of federal regulations and shall at a minimum include at least one member who is currently or formerly homeless. The members of the steering committee shall be representative of the relevant organizations and of projects serving homeless subpopulations. The members of the steering committee shall serve without compensation. The steering committee shall submit its advice to the commissioner, or his or her designee, in person or in writing, on a quarterly basis. The commissioner, or his or her designee, shall meet with the steering committee regularly.
(Am. L.L. 2017/207, 11/17/2017, eff. 11/17/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/051 and L.L. 1995/075.
§ 21-307 Interagency coordinating council.
   a.   There shall be an interagency coordinating council established by the mayor which shall consist of representatives of each city agency providing transitional housing or services to eligible homeless persons and other homeless individuals and families. Such interagency coordinating council shall include, but shall not be limited to, representatives of the department of homeless services, the department of social services/the human resources administration, including at least one representative who works in housing for individuals with HIV/AIDS, housing for victims of domestic violence, and supportive housing, the department of housing preservation and development, the department of youth and community development, the administration for children's services, the department of education, the department of health and mental hygiene, and such other agencies as the mayor shall designate. The mayor shall designate a deputy mayor to serve as chairperson of the interagency coordinating council. The commissioner of the department of homeless services shall provide appropriate personnel to assist the interagency coordinating council in the performance of its functions. Representatives of the New York city housing authority and of the office to end domestic and gender-based violence may serve on the interagency coordinating council, and the chairperson of the interagency coordinating council or his or her designee shall notify such agencies of their ability to serve.
   b.   The interagency coordinating council shall:
      1.   not later than October 1, 2018, and each year thereafter, prepare, in consultation with the office of management and budget, an annual breakdown of each member agency's expenditures for housing and services to the homeless in the adopted budget;
      2.   review the organization and operations of member agencies with respect to contracted service providers to the homeless, including service delivery, management and evaluation of performance;
      3.   recommend means by which the fragmentation of the provision of housing for, and delivery of services to, the homeless may be reduced and the efficiency, effectiveness and economy of service delivery may be enhanced;
      4.   consider proposals for the improvement of transitional and permanent housing programs and service delivery to the homeless; and
      5.   recommend to the mayor and the city council joint agency projects or programs which could facilitate more efficient use of existing resources.
   c.   The interagency coordinating council shall meet at least quarterly and shall hold at least one public hearing annually, at which public testimony shall be taken. A report on each such public hearing shall be submitted in writing to the speaker of the city council within ten days of the date on which such public hearing was held. Where the interagency coordinating council fails to hold such meetings or public hearings as required pursuant to this subdivision, a report shall be submitted in writing to the speaker of the city council including an explanation of the failure to hold such meetings or public hearings.
   d.   No later than January 1, 2018, and every January 1 thereafter, the interagency coordinating council shall submit an annual report to the speaker of the council and the mayor containing the interagency coordinating council's recommendations as developed pursuant to subdivision b of this section. Such report shall be posted on the department's website. The reports required pursuant to this section shall remain permanently available on the department's website.
(Am. L.L. 2017/207, 11/17/2017, eff. 11/17/2017; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/051 and L.L. 1995/075.
§ 21-308 Five-year plan to relieve homelessness.
   1.   The commissioner shall submit to the speaker of the city council a Five-Year Plan to Relieve Homelessness, including but not limited to the following:
      a.   Projected numbers of homeless individuals and families.
      b.   Projected expense and capital budgets for the department, including, but not limited to expenditures for homeless individual and homeless family programs, facilities and services.
      c.   Projected number of facilities to be constructed or rehabilitated to accommodate homeless individuals and families.
      d.   Projected number of permanent housing units to be constructed or rehabilitated to accommodate homeless individuals and families.
   2.   a.   The Five-Year Plan shall be reviewed and updated by the commissioner each year, and the updated version thereof shall be submitted to the speaker of the city council not later than October first of each year.
      b.   In the fifth year covered by each such Five-Year Plan, the commissioner shall submit a Five-Year Plan to Relieve Homelessness for the next succeeding five-year period not later than six months prior to the last day of such fifth year to the speaker of the city council.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/051 and L.L. 1995/075.
§ 21-309 Referrals to non-compliant hotel units prohibited.
   a.   Not later than September 30, 1996, the commissioner shall eliminate for the purpose of providing transitional housing for homeless families with children the department's use of:
      1.   any privately owned hotel with a total of more than 100 units which is operated by the owner or another person for profit; and
      2.   any unit in a privately owned hotel with a total of 100 units or less which is operated by the owner or another person for profit in which a bathroom, cooking facilities including but not limited to secured burners and other equipment as may be necessary to prepare meals for a family, a kitchen-style sink, a refrigerator, and an adequate sleeping area are not provided in each unit and where stable living accommodations, on-site social services, and accommodations which otherwise comply with federal, state and local laws are not provided to the homeless families with children housed in each such unit. For purposes of this section, "on-site social services" shall mean, at a minimum:
         (A)   services for information and referral to appropriate health care providers;
         (B)   within two days of arrival, the family is offered a preliminary needs determination, including referrals for benefits or services which if immediately provided to the family would facilitate their return to permanent housing, and an evaluation of the educational and other needs of the family members;
         (C)   the family is offered an assessment of its needs and an analysis of how these needs will be met through existing public assistance and care programs, including child welfare programs, and the steps to be taken to obtain the service needs of the family;
         (D)   the family has access to its services plan and case files;
         (E)   the family is offered assistance in preparing for permanent housing, which shall include, at a minimum, where necessary and appropriate: counseling services, assistance in obtaining permanent housing, assistance in securing supportive social and mental health services including but not limited to psychiatric, drug and alcohol services and assistance in securing employment assessment, job training and job placement services; and (F) the family is offered information about and referrals to: local community agencies and programs the services of which the family may reasonably require in order to facilitate their return to permanent housing and for which the family is eligible; recreational services; and child care services.
   b.   Notwithstanding any other provision of this section, the commissioner, or the commissioner of any successor agency, shall be authorized to take such action as may be necessary to comply with court orders.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/051 and L.L. 1995/075.
§ 21-310 Compilation of data on homeless veterans.
   1.   In addition to any other data which it may deem relevant, the department shall compile data on each person using the homeless shelters of New York city which shall include information regarding:
      a.   whether the person is a veteran;
      b.   whether that person's veteran status has been verified;
      c.   the period of time the person served in the armed forces;
      d.   the type of discharge;
      e.   whether the discharge was a service connected disability; and
      f.   whether the veteran is receiving a veterans' pension.
   2.   The term "veteran" means a person who has served in the active military of the United States and who has been released from such service otherwise than by dishonorable discharge.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/075.
§ 21-311 Quarterly reporting requirements.
In addition to such other reports as the commissioner is required to submit to the speaker of the city council pursuant to this chapter, beginning on October 1, 1995 and on the first day of each succeeding calendar quarter thereafter, the commissioner shall submit to the speaker of the city council a report in writing aggregating the following statistics both on a quarterly and fiscal year annualized basis:
   a.   placements in permanent housing by program, including but not limited to placements provided by and through the department of housing preservation and development and the New York city housing authority;
   b.   the length of time individuals and families receive transitional housing from or through the department without having been placed in permanent housing and the type of such transitional housing utilized;
   c.   the number of individuals and families who are rehoused in transitional housing within two years of having been placed in permanent housing and the length of time between such permanent housing placement and such rehousing in transitional housing; and
   d.   with reference to any telephone hotline operated by or for the department for the purpose of facilitating contract between families in need of transitional housing and the department, how the public is informed of the availability of the telephone hotline, the number of calls received disaggregated by borough of origin, the average number of department staff receiving calls on a daily basis, the number of persons for whom assistance was provided and the actions taken on each call.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/075.
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