S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8373
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Cities
 
 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:
 
   Section 1. Section 21-312 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision f to read as follows:
   F.  ESTABLISHMENT  OF  NEW  SHELTERS. 1. NOT LESS THAN FORTY-FIVE DAYS
 PRIOR TO THE PUBLIC HEARING HELD  BY  THE  MAYOR'S  OFFICE  OF  CONTRACT
 SERVICES RELATING TO THE CONSTRUCTION OF A HOMELESS SHELTER, THE DEPART-
 MENT  SHALL PROVIDE, IN NOT LESS THAN TWO FORMS OF COMMUNICATION, NOTICE
 OF THE DETAILS OF THE PROPOSED SHELTER, INCLUDING  THE  SOCIAL  SERVICES
 OPERATOR  OF  SUCH  SHELTER,  THE  ADDRESS OF SUCH SHELTER, THE EXPECTED
 CENSUS OF SUCH SHELTER AND THE EXPECTED CERTIFIED CAPACITY OF SUCH SHEL-
 TER, TO THE FOLLOWING OFFICIALS:
   (I) THE COMMUNITY BOARD OF THE COMMUNITY IN WHICH THE PROPOSED SHELTER
 IS TO BE LOCATED;
   (II) THE CITY COUNCIL MEMBER REPRESENTING THE DISTRICT  IN  WHICH  THE
 PROPOSED SHELTER IS TO BE LOCATED;
   (III)  THE  MEMBER  OF THE STATE ASSEMBLY REPRESENTING THE DISTRICT IN
 WHICH THE PROPOSED SHELTER IS TO BE LOCATED;
   (IV) THE STATE SENATOR REPRESENTING THE DISTRICT IN WHICH THE PROPOSED
 SHELTER IS TO BE LOCATED;
   (V) THE MEMBER OF THE FEDERAL HOUSE  OF  REPRESENTATIVES  REPRESENTING
 THE DISTRICT IN WHICH THE PROPOSED SHELTER IS TO BE LOCATED; AND
   (VI)  THE BOROUGH PRESIDENT OF THE BOROUGH IN WHICH THE PROPOSED SHEL-
 TER IS TO BE LOCATED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07143-04-7
              

 A. 8373                             2
 
   2. WITHIN FIFTEEN DAYS OF RECEIVING NOTICE PURSUANT TO  PARAGRAPH  ONE
 OF THIS SUBDIVISION, THE COMMUNITY BOARD MAY REQUEST THAT THE DEPARTMENT
 SCHEDULE  A  PUBLIC HEARING TO BE HELD WITHIN FIFTEEN DAYS AT A LOCATION
 WITHIN THE COMMUNITY TO BE AFFECTED BY  THE  PROPOSED  SHELTER  FOR  THE
 PURPOSE OF GAINING PUBLIC INPUT THEREON. FOLLOWING ANY SUCH PUBLIC HEAR-
 ING,  THE DEPARTMENT SHALL CONSIDER ALL SUCH COMMENTS AND, IN ACCORDANCE
 WITH REASONABLE CONCERNS RAISED, MODIFY ITS PROPOSAL FOR THE  ESTABLISH-
 MENT OF A SHELTER.
   3.  THE DEPARTMENT, NOT LESS THAN FORTY-FIVE DAYS PRIOR TO THE OPENING
 OF ANY NEW SHELTER, SHALL PROVIDE NOTICE OF THE ADDRESS, PROPOSED CENSUS
 AND PROPOSED CERTIFIED CAPACITY OF SUCH SHELTER TO THE PRECINCT  OF  THE
 POLICE DEPARTMENT IN WHICH SUCH SHELTER IS LOCATED.
   4. NOT MORE THAN TWENTY DAYS AFTER THE OPENING OF ANY NEW SHELTER, THE
 DEPARTMENT  SHALL  ESTABLISH  AND OPERATE A COMMUNITY ADVISORY BOARD FOR
 THE SHELTER TO ENSURE ONGOING COLLABORATION  WITH  THE  COMMUNITY.  EACH
 SUCH  BOARD  SHALL  BE  COMPOSED  OF COMMUNITY MEMBERS, AND DESIGNEES OF
 LOCAL ELECTED OFFICIALS AND THE COMMUNITY BOARD.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 21-317 to read as follows:
   §  21-317  PRIVATELY OWNED HOTELS PROVIDING SHELTER FOR HOMELESS INDI-
 VIDUALS. A. ON A QUARTERLY BASIS, THE DEPARTMENT SHALL ISSUE A REPORT ON
 THE USE AND PROPOSED USE OF PRIVATELY OWNED HOTELS FOR THE PROVISION  OF
 SHELTER FOR HOMELESS INDIVIDUALS. SUCH REPORT SHALL BE SUBMITTED TO:
   1.  EACH  COMMUNITY  BOARD  FOR THE COMMUNITY IN WHICH SUCH A HOTEL IS
 LOCATED;
   2. EACH CITY COUNCIL MEMBER REPRESENTING A DISTRICT IN  WHICH  SUCH  A
 HOTEL IS LOCATED;
   3.  EACH MEMBER OF THE STATE ASSEMBLY REPRESENTING A DISTRICT IN WHICH
 SUCH A HOTEL IS LOCATED;
   4. EACH STATE SENATOR REPRESENTING A DISTRICT IN WHICH SUCH A HOTEL IS
 LOCATED;
   5. EACH MEMBER OF THE FEDERAL HOUSE OF REPRESENTATIVES REPRESENTING  A
 DISTRICT IN WHICH SUCH A HOTEL IS LOCATED; AND
   6. EACH BOROUGH PRESIDENT.
   B.  PRIOR  TO THE PLACEMENT OF ANY HOMELESS INDIVIDUALS IN A PRIVATELY
 OWNED HOTEL, THE DEPARTMENT SHALL  INSPECT  AND  CERTIFY  THE  HOTEL  TO
 ENSURE  ITS  SAFETY  AND  THE  WELFARE OF THE HOMELESS INDIVIDUALS TO BE
 PLACED THEREIN. SUCH INSPECTION TO ENSURE  THE  SAFETY  AND  WELFARE  OF
 INDIVIDUALS  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, CERTIFICATION THAT
 SUCH BUILDING HAS NO  OUTSTANDING  VIOLATIONS.    THE  DEPARTMENT  SHALL
 ESTABLISH  AND  MAINTAIN  A  LIST  OF HOTELS THAT HAVE BEEN CERTIFIED AS
 SUITABLE FOR PLACEMENT OF HOMELESS INDIVIDUALS WITH CHILDREN WHICH SHALL
 BE MADE AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH  CHAPTER  FORTY-EIGHT
 OF THE CITY CHARTER.
   C.  IN  THE  EVENT  THAT ANY ADDITIONAL HOTEL UNITS ARE REQUIRED TO BE
 UTILIZED TO MEET A PROJECTED NEED  FOR  SHELTER,  THE  DEPARTMENT  SHALL
 PROVIDE  NOTICE THEREOF, NOT LESS THAN ONE WEEK PRIOR TO THE UTILIZATION
 OF SUCH UNITS, TO THE APPROPRIATE PUBLIC OFFICIALS AND  BODY  LISTED  IN
 SUBDIVISION  A  OF THIS SECTION. FURTHERMORE, THE DEPARTMENT SHALL CAUSE
 AN INSPECTION TO BE MADE OF SUCH UNITS, PURSUANT  TO  SUBDIVISION  B  OF
 THIS SECTION, AT LEAST ONE WEEK PRIOR TO THE UTILIZATION THEREOF.
   D.  WHENEVER  THE DEPARTMENT UTILIZES HOTEL UNITS ON A TEMPORARY BASIS
 FOR THE HOUSING OF HOMELESS PERSONS, IT SHALL PROVIDE NOT LESS THAN  ONE
 WEEK  NOTICE THEREOF TO THE PUBLIC OFFICIALS AND BODY LISTED IN SUBDIVI-
 SION A OF THIS SECTION, AND TO THE PRECINCT OF THE POLICE DEPARTMENT  IN
 WHICH SUCH UNITS ARE LOCATED.

 A. 8373                             3
 
   E.  IN  THE  EVENT  THE  DEPARTMENT UTILIZES TWENTY-FIVE OR MORE UNITS
 WITHIN ANY SINGLE HOTEL, OR  UTILIZES  ANY  HOTEL  UNIT  FOR  MORE  THAN
 FIFTEEN  CONSECUTIVE DAYS, IT SHALL PROVIDE NOTICE THEREOF TO THE PUBLIC
 OFFICIALS AND BODY LISTED IN SUBDIVISION A OF THIS SECTION.
   F. WITHIN FIFTEEN DAYS OF RECEIVING ANY NOTICE PURSUANT TO SUBDIVISION
 C,  D OR E OF THIS SECTION, THE APPROPRIATE COMMUNITY BOARD MAY SCHEDULE
 TO HOLD A PUBLIC  HEARING  WITHIN  FIFTEEN  DAYS  WITHIN  THE  COMMUNITY
 AFFECTED  BY  THE HOTEL FOR THE PURPOSE OF GAINING PUBLIC INPUT THEREON,
 WHICH SHALL BE FORWARDED TO THE DEPARTMENT.
   § 3. Emergency shelter for individuals in privately owned  hotels.  In
 the  event  need  for  shelter exceeds the inventory of hotels currently
 eligible for placement pursuant to section 21-317 of the  administrative
 code  of  the city of New York, as added by section two of this act, due
 to inclement weather, as defined in section 304.1(a) of title 18 of  the
 New  York state codes, rules and regulations, the department of homeless
 services of the city of New York shall have the authority to temporarily
 place individuals in hotels and conduct notification of community  offi-
 cials  in the same manner as provided in such section of the administra-
 tive code of the city of New York, within 48 hours of the placements.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.