S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7585
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in  relation  to  enacting  the
   "fair share for homeless shelters act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "fair share for homeless shelters act".
   § 2. Article 2-A of the social services law is amended by adding a new
 title 3 to read as follows:
 
                                  TITLE 3
                     FAIR SHARE FOR HOMELESS SHELTERS
 SECTION 46. DEFINITIONS.
         46-A. FAIR SHARE MANDATE FOR HOMELESS SHELTERS.
         46-B. OFFICE OF FAIR SHARE ENFORCEMENT ESTABLISHED.
         46-C. ENFORCEMENT AND COMPLIANCE MEASURES.
         46-D. EMERGENCY  HOMELESS  SHELTER SITING AND FAIR SHARE COMPLI-
                 ANCE.
         46-E. PUBLIC TRANSPARENCY AND DATA ACCESS.
   § 46. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "HOMELESS SHELTER" MEANS ANY FACILITY PROVIDING TEMPORARY  HOUSING,
 EMERGENCY  SHELTER,  OR  TRANSITIONAL HOUSING TO INDIVIDUALS OR FAMILIES
 EXPERIENCING HOMELESSNESS, OPERATED BY OR UNDER CONTRACT WITH A  MUNICI-
 PAL ENTITY OR NONPROFIT ORGANIZATION.
   2.  "OFFICE OF FAIR SHARE ENFORCEMENT" OR "OFFICE" MEANS THE OFFICE OF
 FAIR SHARE ENFORCEMENT ESTABLISHED PURSUANT TO  SECTION  FORTY-SIX-B  OF
 THIS TITLE.
   3.  "SHELTER-TO-POPULATION RATIO" MEANS THE NUMBER OF SHELTER BEDS PER
 ONE THOUSAND RESIDENTS IN A MUNICIPALITY, COMMUNITY DISTRICT, OR PORTION
 THEREOF.
   4.  "OVERBURDENED  DISTRICT"  MEANS  ANY  MUNICIPALITY  OR   COMMUNITY
 DISTRICT  WHERE  THE  SHELTER-TO-POPULATION  RATIO  IS AMONG THE HIGHEST
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11211-01-5
 A. 7585                             2
 
 TWENTY PERCENT STATEWIDE AND EXCEEDS THE STATE AVERAGE BY FIFTY  PERCENT
 OR MORE.
   5.  "UNDER-CONTRIBUTING  MUNICIPALITY OR COMMUNITY DISTRICT" MEANS ANY
 MUNICIPALITY OR COMMUNITY DISTRICT WHERE THE SHELTER-TO-POPULATION RATIO
 IS IN THE LOWEST TWENTY PERCENT STATEWIDE AND BELOW FIFTY PERCENT OF THE
 STATE AVERAGE.
   6. "MUNICIPALITY" MEANS ANY VILLAGE, TOWN, CITY OR  COUNTY;  PROVIDED,
 HOWEVER,  THAT THE TERM "MUNICIPALITY" SHALL NOT INCLUDE THE CITY OF NEW
 YORK OR ANY PORTION THEREOF.
   7. "COMMUNITY DISTRICT" MEANS A COMMUNITY DISTRICT IN THE CITY OF  NEW
 YORK.
   8.  "EMERGENCY  HOMELESS  SHELTER"  MEANS A TEMPORARY HOMELESS SHELTER
 ESTABLISHED IN RESPONSE TO A CRISIS, INCLUDING BUT NOT LIMITED TO ASYLUM
 SEEKER ARRIVALS, EXTREME WEATHER CONDITIONS, OR PUBLIC  HEALTH  EMERGEN-
 CIES.
   §  46-A.  FAIR  SHARE  MANDATE FOR HOMELESS SHELTERS. 1. EVERY MUNICI-
 PALITY OR COMMUNITY DISTRICT WITH A POPULATION EXCEEDING FIFTY  THOUSAND
 SHALL  PROVIDE  SHELTER CAPACITY PROPORTIONAL TO ITS POPULATION OF HOME-
 LESS PERSONS AS DETERMINED BY THE OFFICE OF FAIR SHARE  ENFORCEMENT.  NO
 MUNICIPALITY OR COMMUNITY DISTRICT SHALL PROHIBIT THE SITING OF HOMELESS
 SHELTERS  WITHIN SUCH MUNICIPALITY OR COMMUNITY DISTRICT IF SUCH MUNICI-
 PALITY OR COMMUNITY DISTRICT  IS  DESIGNATED  AS  AN  UNDER-CONTRIBUTING
 MUNICIPALITY OR COMMUNITY DISTRICT BY THE OFFICE.
   2.  (A)  NO  NEW  HOMELESS  SHELTER  SHALL BE SITED IN AN OVERBURDENED
 DISTRICT UNLESS:
   (I) SUCH OVERBURDENED DISTRICT PROVIDES DATA  DEMONSTRATING  A  UNIQUE
 LOCAL NEED FOR THE ADDITIONAL HOMELESS SHELTER BEDS; AND
   (II)  THE  OFFICE  DETERMINES  THAT  ALTERNATIVE LOCATIONS WITHIN SUCH
 OVERBURDENED DISTRICT ARE NOT VIABLE.
   (B) HOMELESS SHELTERS  SHALL  BE  DISTRIBUTED  WIDELY  ACROSS  MUNICI-
 PALITIES  AND MULTIPLE COMMUNITY DISTRICTS IN A MANNER TO PREVENT EXCES-
 SIVE CONCENTRATION IN ONE AREA.
   3. NO HOMELESS SHELTER SHALL BE ESTABLISHED,  EXPANDED,  OR  RELOCATED
 WITHOUT  REVIEW AND APPROVAL BY THE OFFICE. MUNICIPALITIES AND COMMUNITY
 DISTRICTS SHALL SUBMIT A HOMELESS SHELTER  SITING  PLAN  TO  THE  OFFICE
 PRIOR  TO SITING OF ANY NEW HOMELESS SHELTER. THE OFFICE SHALL CONDUCT A
 GEOGRAPHIC AND DEMOGRAPHIC IMPACT ANALYSIS BEFORE APPROVING ANY HOMELESS
 SHELTER SITING.
   § 46-B. OFFICE OF FAIR SHARE  ENFORCEMENT  ESTABLISHED.  1.  THERE  IS
 HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT  AN  OFFICE  OF  FAIR SHARE
 ENFORCEMENT FOR THE PURPOSE OF OVERSEEING COMPLIANCE WITH THE PROVISIONS
 OF THIS TITLE.
   2. THE OFFICE SHALL:
   (A) MONITOR THE DISTRIBUTION OF HOMELESS SHELTERS ACROSS THE STATE;
   (B) ENFORCE COMPLIANCE WITH FAIR SHARE MANDATES UNDER  THIS  TITLE  BY
 ALL MUNICIPALITIES AND COMMUNITY DISTRICTS;
   (C)  REVIEW  AND  APPROVE  ALL  HOMELESS  SHELTER  SITING DECISIONS IN
 ACCORDANCE WITH SECTION FORTY-SIX-A OF THIS TITLE;
   (D) ENSURE PUBLIC TRANSPARENCY BY MAINTAINING  AN  INTERACTIVE  PUBLIC
 DATABASE OF HOMELESS SHELTER LOCATIONS AND CAPACITIES; AND
   (E)  INVESTIGATE  COMPLAINTS  REGARDING  NON-COMPLIANCE, UNFAIR SITING
 PRACTICES, OR OBSTRUCTION OF HOMELESS SHELTER SERVICES.
   3. THE OFFICE SHALL PUBLISH ON  THE  DEPARTMENT'S  WEBSITE  AN  ANNUAL
 REPORT THAT INCLUDES:
   (A)  A  SHELTER-TO-POPULATION  RATIO  INDEX  FOR EACH MUNICIPALITY AND
 COMMUNITY DISTRICT;
 A. 7585                             3
 
   (B) IDENTIFICATION OF OVERBURDENED  DISTRICTS  AND  UNDER-CONTRIBUTING
 MUNICIPALITIES AND COMMUNITY DISTRICTS; AND
   (C)  A  REVIEW  OF  HOMELESS  SHELTER  SITING DECISIONS AND COMPLIANCE
 TRENDS.
   § 46-C. ENFORCEMENT AND COMPLIANCE MEASURES. 1. IF A  MUNICIPALITY  OR
 COMMUNITY  DISTRICT FAILS TO MEET THE FAIR SHARE REQUIREMENTS UNDER THIS
 TITLE, THE OFFICE SHALL ISSUE A CORRECTIVE ACTION ORDER  MANDATING  SUCH
 MUNICIPALITY'S  OR COMMUNITY DISTRICT'S COMPLIANCE WITHIN SIX MONTHS. IF
 NON-COMPLIANCE CONTINUES AFTER SUCH SIX-MONTH DEADLINE, THE STATE  SHALL
 BE  AUTHORIZED  TO  OVERRIDE  LOCAL  ZONING REGULATIONS TO DIRECTLY SITE
 HOMELESS SHELTERS.
   2. MUNICIPALITIES OR COMMUNITY DISTRICTS THAT FAIL TO COMPLY WITH  THE
 FAIR SHARE REQUIREMENTS UNDER THIS TITLE SHALL BE SUBJECT TO:
   (A) REDUCTIONS IN STATE HOUSING AND SOCIAL SERVICES FUNDING; AND
   (B) REALLOCATION OF FUNDS TO NONPROFIT PROVIDERS TO ESTABLISH HOMELESS
 SHELTERS IN NON-COMPLIANT JURISDICTIONS.
   3.  THE ATTORNEY GENERAL MAY INITIATE LEGAL ACTION AGAINST ANY MUNICI-
 PALITY OR COMMUNITY DISTRICT THAT:
   (A) OBSTRUCTS THE SITING OF A HOMELESS  SHELTER  REQUIRED  UNDER  THIS
 TITLE; OR
   (B) DISCRIMINATES IN HOMELESS SHELTER SITING TO AVOID HOSTING HOMELESS
 SHELTERS IN CERTAIN NEIGHBORHOODS.
   §  46-D.  EMERGENCY HOMELESS SHELTER SITING AND FAIR SHARE COMPLIANCE.
 1.  ANY EMERGENCY HOMELESS SHELTER ESTABLISHED THROUGH  LOCAL  OR  STATE
 ACTION SHALL BE REPORTED TO THE OFFICE WITHIN TEN DAYS OF OPENING.
   2. EMERGENCY HOMELESS SHELTERS OPERATING FOR LONGER THAN TWELVE MONTHS
 SHALL  UNDERGO FAIR SHARE REVIEW UNDER THIS TITLE AND BE INTEGRATED INTO
 PERMANENT HOMELESS SHELTER PLANNING.
   3. EMERGENCY HOMELESS SHELTERS SHALL BE EVENLY  DISTRIBUTED  ACROSS  A
 MUNICIPALITY  OR COMMUNITY DISTRICT. THE OFFICE SHALL MONITOR THE IMPACT
 OF EMERGENCY HOMELESS SHELTER SITING ON EXISTING COMMUNITY RESOURCES AND
 SERVICES.
   § 46-E. PUBLIC TRANSPARENCY AND  DATA  ACCESS.  1.  THE  OFFICE  SHALL
 CREATE AND MAINTAIN A PUBLIC ONLINE DATABASE WITH THE FOLLOWING INFORMA-
 TION:
   (A) LOCATIONS AND CAPACITIES OF ALL HOMELESS SHELTERS IN THE STATE;
   (B)  THE  ANNUAL  SHELTER-TO-POPULATION  RATIO  INDEX  FOR ALL MUNICI-
 PALITIES AND COMMUNITY DISTRICTS; AND
   (C) THE STATUS OF PENDING HOMELESS SHELTER SITING APPLICATIONS.
   2. EVERY MUNICIPALITY AND COMMUNITY DISTRICT SHALL  SUBMIT  AN  ANNUAL
 FAIR SHARE COMPLIANCE REPORT TO THE OFFICE DETAILING:
   (A) THE NUMBER AND LOCATION OF ALL SHELTERS WITHIN ITS JURISDICTION;
   (B) ANY PLANS FOR NEW HOMELESS SHELTERS, CLOSURES, OR EXPANSIONS; AND
   (C)  A FAIR SHARE COMPLIANCE ASSESSMENT, IDENTIFYING WHETHER THE MUNI-
 CIPALITY OR COMMUNITY DISTRICT IS MEETING,  EXCEEDING,  OR  FAILING  ITS
 OBLIGATIONS UNDER THIS TITLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date  are  authorized  to  be  made,
 including by emergency, and completed on or before such effective date.