L.L. 1993/051

Enactment date: 6/30/1993

Int. No. 632-A

By Council Member Horwitz (By the request of the Mayor); also Council Members Foster, Harrison and Robinson (Passed under a message of necessity from the Mayor)

A Local Law to amend New York city charter and the administrative code of the city of New York, in relation to creating a department of homeless services the function of which will be to provide transitional housing and services to homeless families and individuals, and to amend section 603 of such charter relating to the designation of the commissioner of social services

Be it enacted by the Council as follows:

Section 1. Legislative declaration of intent. Homelessness is perhaps one of the most serious and visible challenges faced by New York City. Despite the unprecedented level of resources and efforts devoted to addressing the problem, presently, close to 6,000 families with 9,700 children, and 7,500 individuals still reside in transitional housing. At the same time, thousands who have chosen not to enter the shelter system continue to inhabit parks, transportation facilities and City streets.

Mayor David N. Dinkins and City Council Speaker Peter F. Vallone have each appointed commissions to review New York City's programs for the homeless and to formulate more effective responses to the crisis of homelessness.

The commission appointed by the Mayor, known as the "Cuomo Commission", reported that, since the late seventies, the homeless population has changed dramatically. That population began to include a growing number of young women with children and, among individual homeless persons, more younger men. The traditional social services alternatives to government were not prepared to address the problem. The deinstitutionalization of mental patients from the State system, coupled with a burgeoning epidemic of substance abuse, along with the gentrification of SRO residences, contributed to the dramatic increase in the homeless census.

The Cuomo Commission undertook an extensive analysis of the shelter system and the homeless population. A significant number of shelter residents were identified as suffering serious health and mental health problems. In addition, the Commission identified substance abuse, particularly among homeless individuals, as a significant problem requiring a combination of treatment and services in addition to transitional housing. The Commission found that homelessness is frequently a symptom of some underlying problem, such as lack of job skills or education, substance abuse, or mental illness. It results when one or more of these problems interacts with a number of social and economic factors, including a shortage of affordable housing. The Commission concluded that a radical departure from current operations and proposals is required, finding that "a new entity must be created to develop and implement the City's homeless policies and programs." It proposed that responsibility for the operation and construction of transitional facilities and the provision of services to the homeless should be transferred from the Human Resources Administration and the Department of Housing Preservation and Development to the newly established entity.

In light of the Cuomo Commission recommendations, in September of 1992 the Mayor announced his plan to restructure the City's shelter system. The plan represented a shift in emphasis from shelter development and expansion of shelter capacity to preventing homelessness through providing public entitlements and benefits; providing a broad array of transitional services in appropriate residential facilities which foster self-esteem, recovery, empowerment and re-integration into communities; and providing permanent housing resources and aftercare services for individuals and families to insure a successful transition back to the community.

Mayor Dinkins issued Executive Order Number 42 on December 2, 1992 creating the Mayor's Office for Homeless Facilities and Service Development to oversee the establishment of a new City agency for the homeless.

The Council finds and declares that, as recommended by the Cuomo Commission, the proposed Department of Homeless Services should be charged with providing assistance to those who become homeless and expediting the availability of permanent housing options, and working with other governmental and private bodies to develop programs to achieve system-wide changes dealing with the causes of homelessness. It will provide the continuum of care required to regain and maintain stable, permanent living situations. In providing this continuum of care, the Department of Homeless Services will establish a partnership with both for-profit and not-for-profit providers to provide the shelter and assistance that homeless individuals and families need.

Through this legislation the Council and Mayor intend to implement a comprehensive policy on homelessness by creating an agency with an identifiable mission and stated goals.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. Any agency or officer to whom are assigned by this local law any powers and duties shall have the power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such powers or duties and applicable to the agency or officer formerly exercising such powers and duties shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such powers and duties are assigned by this local law. Any rule in force upon the effective date of this local law and promulgated by an agency or officer whose power to promulgate such rule is assigned by this local law to another agency or officer shall continue in force as the rule of the agency or officer to whom such power Is assigned, unless and until such rule is superseded, amended, or repealed.

§ 8. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the enactment of this local law or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency to which such functions, powers and duties have been assigned or transferred by this local law.

§ 9. Nothing contained in this local law shall affect or impair the rights or privileges of officers or employees of the city or of any agency existing at the time when this local law shall take effect, or any provision of law in force at the time when this local law shall lake effect and not inconsistent with the provisions of this local law, in relation to personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the city generally or officers or employees of any agency.

§ 10. Officers and employees in the classified municipal services who are transferred to the department of homeless services pursuant to the enactment of this local law shall be transferred without examination and without affecting existing compensation or pension or retirement rights, or other privileges or obligations of such officers and employees.

§ 11. It is the intent of this local law to protect those rights enumerated in sections nine and ten as they apply to officers and employees in the classified municipal services of the human resources administration who are transferred to the department of homeless services during the initial staffing period. The city of New York and the certified employee organization designated by the board of certification pursuant to section 12-307(a)(3) of the administrative code of the city of New York to bargain on matters which must be uniform for employees of the human resources administration will enter into negotiations towards an agreement extending through a date five years following the enactment of this local law which will set forth such protections. Such negotiations will include but not be limited to the right to take civil service examinations and be appointed from eligible lists in either the human resources administration or the department of homeless services; the right to exercise contractual transfer procedures; the right in case of layoff from the department of homeless services to be returned to the human resources administration without loss in benefits; the right in case of the restructuring or abolition of the department of homeless services to be returned to the human resources administration without loss in benefits; the right that service in either the human resources administration or department of homeless services shall be deemed as service in the other agency; and such other protections deemed necessary by the parties.

§ 12. No existing right or remedy of any character shall be lost or impaired or affected by reason of the enactment of this local law. Any lease, license, permit or contract in force upon the effective date of this local law, and entered into or issued by an agency or officer whose power to enter into such type of lease, license, permit or contract is assigned by this local law to another agency or officer shall continue in force according to its terms and applicable law.

§ 13. All records, property and equipment whatsoever of any agency or part thereof, the powers and duties of which are assigned to any other agency by this local law, shall be transferred and delivered to the agency to which such powers and duties are so assigned.

§ 14.   a.   This local law shall take effect immediately, provided, however, that section 21-308 of the administrative code of the city of New York as renumbered and amended by section five of this local law shall take effect retroactive to June 8, 1993; and provided further that sections two, three, four, and six of this local law shall expire on July 1, 1995.

   b.   Notwithstanding any provision of this local law to the contrary, the commissioner of homeless services and the administrator of the human resources administration may enter into a memorandum of understanding providing that one or more of the powers and duties assigned by this local law to the commissioner of homeless services shall be exercised by the administrator of the human resources administration until a date not later than September 1, 1993.