S T A T E O F N E W Y O R K
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4802--A
2017-2018 Regular Sessions
I N S E N A T E
March 1, 2017
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Introduced by Sens. KLEIN, AVELLA, ADDABBO, ALCANTARA, FELDER, HAMILTON,
PERALTA, SAVINO -- read twice and ordered printed, and when printed to
be committed to the Committee on Cities -- recommitted to the Commit-
tee on Cities in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report and ordered reprinted,
retaining its place in the order of second report
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07143-05-8
S. 4802--A 2
(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.
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 21-321 to read as follows:
§ 21-321 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.
S. 4802--A 3
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.
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 21-321 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.