S T A T E   O F   N E W   Y O R K
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                                   10115
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15235-01-0

 A. 10115                            2
 
 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 21-324 to read as follows:
   §  21-324  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 NEW YORK 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.
   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.

 A. 10115                            3
 
   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 21-324 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.