§ 21-312 Shelters for adults.

   a.   Definitions.

      1.   "Census" shall mean the actual number of persons receiving shelter at a shelter for adults.

      2.   "Certified capacity" shall mean the maximum number of persons who may receive shelter at a shelter for adults at any one time as authorized by the New York state office of temporary and disability assistance.

   b.   No shelter for adults shall be operated with a census of more than two hundred persons. Notwithstanding such prohibition, any shelter with a census of greater than two hundred persons on June first, nineteen hundred ninety-eight may continue to operate in excess of the abovementioned two hundred person limitation, and such shelter may continue to shelter the highest number of persons permitted, authorized, approved or otherwise allowed between June first, nineteen hundred ninety-eight and December seventeenth, nineteen hundred ninety-eight, by the state of New York office of temporary and disability assistance. Nothing in this section shall be construed to require any shelter with a census of greater than two hundred persons on the effective date of this local law to reduce its census below two hundred persons.

   c.   Notwithstanding the provisions of subdivision b of this section, homeless single adult shelters may provide short-term emergency shelter to persons in excess of the certified capacity only when the conditions set forth in subdivision h of section 491.4 of title 18 of the official compilation of the codes, rules and regulations of the state of New York are met, and in no event for more than thirty days in any calendar year. Whenever a shelter for adults operates above its certified capacity, the speaker of the council shall be notified in writing within three business days.

   d.   A minimum of seven supervisory staff members shall be required to be present whenever a shelter for adults operates with a census of two hundred and one persons or more, and one additional supervisory staff member shall be required for every forty persons in excess of two hundred and one.

   e.   The commissioner shall submit to the speaker of the council quarterly reports summarizing the health, sanitation, safety and fire protection-related deficiencies identified in any inspection of a shelter for adults conducted by any state agency, including but not limited to the office of temporary and disability assistance, the office of children and family services, and the New York state department of health; and any city agency including, but not limited to, the New York city fire department, the New York city department of health and mental hygiene, and the New York city department of buildings; any other government agency; and any organization appointed by any court. The first such report shall be due thirty business days following the calendar quarter ending September thirtieth, nineteen hundred and ninety-eight and all subsequent reports shall be due thirty business days following the last day of each succeeding calendar quarter. Such quarterly reports shall include, but not be limited to, the following:

      1.   a list of all deficiencies identified by any state, city or other inspecting government agencies or organizations appointed by any court during the quarter which have not yet been brought into compliance with applicable statutes, laws, rules and regulations and the date on which deficiencies previously reported to the speaker of the council were brought into compliance;

      2.   a list of all deficiencies identified by the fire department in three or more consecutive inspections which have not yet been brought into compliance with applicable statutes, laws, rules and regulations;

      3.   a copy of all court orders regarding health, sanitation, safety and fire protection-related deficiencies issued during the quarter; and

      4.   a copy of all corrective action plans, and amendments thereto, regarding health, sanitation, safety and fire protection-related deficiencies filled with any court during the quarter.

§ 21-313 The emergency assistance unit.

The department shall maintain a facility open for intake twenty-four hours a day, seven days a week to accept and process applications for shelter from families with children. Any family with children seeking shelter who is still in the process of applying as of ten o'clock in the evening on the day such family sought shelter shall be provided temporary shelter placement for that night. The following morning the family shall return to the intake facility to complete the application process. The department shall arrange transportation for the families to and from the temporary shelter placement.

§ 21-314 Case management services.

The commissioner shall provide case management services to all persons assigned to stay at the department's facilities or the facilities of organizations contracting with the department who are either waiting for the department to determine their eligibility for shelter or are receiving such shelter. Such case management services shall include, but not be limited to, assistance obtaining (a) medical treatment, (b) federal, state and local government documents including, but not limited to, birth certificates, marriage licenses, and housing records, and (c) food, medicine and other necessary supplies; and shall address issues such as domestic violence, child abuse and mental illness, when needed.

§ 21-314.1 Signage and other materials.

   a.   The commissioner shall, in consultation with not-for-profit organizations dedicated to the advocacy of child welfare, establish, maintain, and update signage and any other materials that are deemed necessary related to the reporting of child abuse and maltreatment which shall be conspicuously placed in all Tier II shelters and any other facilities that shelter homeless families and which shall include but not be limited to:

      1.   A textual representation of the type of abusive or neglectful behavior that should be reported, which encourages witnesses of such behavior to report any suspected incidents of child abuse or maltreatment;

      2.   The name and contact information of the appropriate person or agency to whom suspected incidents of child abuse or maltreatment are to be reported; and

      3.   An explicit indication of which persons are mandated to report suspected incidents of child abuse or maltreatment pursuant to section 413 of the social services law.

   b.   The commissioner shall, in consultation with not-for-profit organizations dedicated to the study or dissemination of information about proper infant sleep position and arrangement, establish, maintain, and update signage and any other materials that are deemed necessary related to proper infant sleep position and arrangement which shall include, but not be limited to, a textual and pictorial representation of proper infant sleep position and arrangement. Such signage shall be displayed conspicuously, at a minimum, in every common area of a Tier II shelter and any other facility that shelters homeless families.

   c.   The commissioner shall provide for the translation of the signage required in subdivisions a and b of this section and any other materials deemed necessary pursuant to this section into every covered language as defined pursuant to section 8-1004 of this code.

   d.   In addition to the signage and materials provided for in subdivisions a and b of this section, the commissioner shall establish, maintain, and provide training for appropriate shelter employees in the instruction of parents with regard to proper infant sleeping position and arrangement.

§ 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.