S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6932
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2017
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Social Services
 
 AN ACT to amend the social services law, in relation to housing of home-
   less persons in New York city
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 43 of the social services law is amended by  adding
 a new subdivision 12 to read as follows:
   12.  (A)  IN  THE  CITY  OF  NEW  YORK, NO HOTEL, MOTEL, INN, LODGING,
 RESORT, TAVERN, BOARDING HOUSE, ROOMING HOUSE, OR HOSTEL, SHALL BE  USED
 IN  ANY  MANNER,  TO HOUSE OR RENT ROOMS TO ANY HOMELESS PERSON UNLESS A
 CONTRACT IS SIGNED BETWEEN THE CITY OR STATE AGENCY THAT IS  RESPONSIBLE
 FOR  PROVIDING  SHELTER  AND/OR  HOUSING OR RENTAL ACCOMMODATIONS TO THE
 HOMELESS PERSON, AND THE OWNER, OPERATOR, INDIVIDUAL, LIMITED  LIABILITY
 COMPANY  (LLC),  LIMITED LIABILITY PARTNERSHIP (LLP), CORPORATION, PART-
 NERSHIP, DEVELOPER, AND/OR ANY OTHER LEGAL ENTITY  RESPONSIBLE  FOR  THE
 HOTEL,  MOTEL,  INN,  LODGING,  RESORT,  TAVERN, BOARDING HOUSE, ROOMING
 HOUSE, OR HOSTEL  IN  WHICH  THE  PROPOSED  CONTRACT  SERVICES  WILL  BE
 PROVIDED.  THE  CONTRACT SHALL NOT BE APPROVED BY THE COMPTROLLER OF THE
 CITY OF NEW YORK UNLESS THE FINANCIAL TERMS OF THE CONTRACT,  INCLUDING,
 BUT  NOT  LIMITED  TO, THE FIXED PRICE FOR THE HOUSING AND/OR RENTING OF
 ROOMS FOR HOMELESS PERSONS, AND/OR THE COST OF SERVICES FOR THE CARE  OF
 SUCH  HOMELESS  PERSONS, ADHERE TO THE COMPTROLLER'S FINANCIAL JUDGMENT.
 AT THE TIME THE CONTRACT IS SUBMITTED TO THE COMPTROLLER,  ANY  INDIVID-
 UAL,  LLC,  LLP,  CORPORATION,  PARTNERSHIP, DEVELOPER, AND/OR ANY OTHER
 LEGAL ENTITY CONTRACTING TO PROVIDE SERVICES FOR THE HOUSING OR  RENTING
 OF  ROOMS  FOR  HOMELESS PERSONS, THE INDIVIDUAL, LLC, LLP, CORPORATION,
 PARTNERSHIP, DEVELOPER, AND/OR ANY OTHER LEGAL ENTITY SHALL  REVEAL  ALL
 THE  NAMES  AND RESIDENCE ADDRESSES OF ALL MEMBERS, MANAGERS, DIRECTORS,
 PARTNERS, OR ANY OTHER AUTHORIZED PERSON OF THE LLC,  LLP,  CORPORATION,
 PARTNERSHIP,  DEVELOPER,  AND/OR  ANY  OTHER  LEGAL  ENTITY TO THE COMP-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10388-02-7

 A. 6932                             2
 
 TROLLER. IF SUCH INFORMATION IS NOT  DISCLOSED,  THE  COMPTROLLER  SHALL
 REJECT THE CONTRACT.
   (B)  NO  HOMELESS  PERSONS  SHALL  BE  HOUSED  OR RENTED A ROOM AT THE
 PROPOSED HOTEL, MOTEL, INN, LODGING,  RESORT,  TAVERN,  BOARDING  HOUSE,
 ROOMING  HOUSE,  OR  HOSTEL CONTRACT SITE UNTIL THE COMPTROLLER APPROVES
 THE TERMS AND SIGNS THE CONTRACT. BEFORE THE COMPTROLLER  MAY  SIGN  THE
 CONTRACT, THE FOLLOWING MUST OCCUR:
   (I)  WITHIN TEN DAYS OF RECEIVING THE SIGNED CONTRACT BETWEEN THE CITY
 OR STATE AGENCY AND THE PERSONS OR LEGAL ENTITY RESPONSIBLE FOR THE CARE
 AND/OR HOUSING OF HOMELESS PERSONS, THE  COMPTROLLER  SHALL  REVIEW  THE
 FINANCIAL  TERMS OF THE CONTRACT. IF THE FINANCIAL TERMS OF THE CONTRACT
 CONFORM TO THE COMPTROLLER'S FINANCIAL JUDGMENT, THE  COMPTROLLER  SHALL
 PREPARE  A  LETTER  OF  FINANCIAL CONFORMITY TO BE SENT TO THE COMMUNITY
 BOARD IN WHICH THE PROPERTY IS LOCATED,  AFFIRMING  THAT  THE  FINANCIAL
 TERMS  OF  THE CONTRACT CONFORM TO THE COMPTROLLER'S FINANCIAL JUDGMENT.
 THE CONTRACT, LETTER OF FINANCIAL CONFORMITY, AND THE PROPOSED  LOCATION
 SITE OF SUCH HOTEL, MOTEL, INN, LODGING, RESORT, TAVERN, BOARDING HOUSE,
 ROOMING  HOUSE,  OR  HOSTEL  THAT WILL HOUSE AND/OR ACCOMMODATE HOMELESS
 PERSONS, SHALL BE SENT TO THE COMMUNITY  BOARD  WHERE  THE  PROPERTY  IS
 LOCATED  VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, FOR THE COMMUNITY
 BOARD'S DETERMINATION OF WHETHER OR NOT THE PROPOSED LOCATION SITE SHALL
 BE APPROVED OR REJECTED.
   (II) WITHIN THIRTY DAYS OF RECEIVING FROM THE COMPTROLLER  THE  LETTER
 OF  FINANCIAL  CONFORMITY,  AND  THE  PROPOSED  CONTRACT WHICH STATES IN
 DETAIL THE PROPOSED LOCATION SITE FOR SUCH HOTEL, MOTEL,  INN,  LODGING,
 RESORT,  TAVERN,  BOARDING  HOUSE,  ROOMING HOUSE, OR HOSTEL, WHICH WILL
 HOUSE OR ROOM HOMELESS PERSONS, THE  COMMUNITY  BOARD  SHALL  ACCEPT  OR
 REJECT  THE  PROPOSED  LOCATION SITE. THE VOTE TO ACCEPT SUCH A PROPOSED
 LOCATION SITE SHALL BE APPROVED BY A MAJORITY OF THE VOTING  MEMBERS  OF
 SUCH  COMMUNITY  BOARD WHEN A QUORUM IS PRESENT. BEFORE VOTING TO ACCEPT
 OR REJECT THE PROPOSED LOCATION SITE, THE COMMUNITY BOARD SHALL  HAVE  A
 PUBLIC  HEARING,  IN  WHICH  ALL  MEMBERS  OF  THE PUBLIC ARE INVITED TO
 ATTEND, ASK  QUESTIONS,  AND/OR  SPEAK.  THE  COMMISSIONER  OF  HOMELESS
 SERVICES  OF  THE  CITY  OF  NEW  YORK SHALL ATTEND SUCH COMMUNITY BOARD
 PUBLIC MEETING TO ANSWER QUESTIONS, UNDER LEGAL OATH, FROM THE COMMUNITY
 BOARD, AND THE PUBLIC. IF THE COMMISSIONER DOES NOT ATTEND, THE COMMUNI-
 TY BOARD SHALL NOT APPROVE THE PROPOSED  LOCATION  SITE.  THE  COMMUNITY
 BOARD  SHALL  VOTE  ONLY ON THE PROPOSED SITE LOCATION AND SHALL HAVE NO
 DECISION-MAKING POWER OR VOTE  OVER  THE  CONTRACT  PROVISIONS.  IF  THE
 COMMUNITY  BOARD  VOTES TO APPROVE SUCH PROPOSED LOCATION SITE, THE SITE
 SHALL BE APPROVED AND NOTICE SHALL BE SENT TO THE COMPTROLLER VIA CERTI-
 FIED MAIL, RETURN RECEIPT REQUESTED, WITHIN SEVEN DAYS OF SUCH APPROVAL.
 THE COMPTROLLER SHALL THEN EITHER APPROVE OR REJECT THE  WHOLE  CONTRACT
 ACCORDING  TO  HIS OR HER JUDGMENT. IF THE COMMUNITY BOARD VOTES AGAINST
 THE PROPOSED LOCATION SITE, THE COMMUNITY BOARD  SHALL  SEND  NOTICE  OF
 SUCH REJECTION TO THE COMPTROLLER WITHIN SEVEN DAYS OF SUCH DECISION VIA
 CERTIFIED MAIL, RETURN RECEIPT REQUESTED. IF THE COMMUNITY BOARD REJECTS
 THE PROPOSED LOCATION SITE THE COMPTROLLER SHALL REJECT THE CONTRACT. IF
 THE  COMMUNITY BOARD FAILS TO HOLD A PUBLIC MEETING AND FAILS TO VOTE ON
 THE PROPOSED SITE LOCATION WITHIN THIRTY DAYS OF RECEIVING THE  PROPOSED
 LETTER  OF FINANCIAL CONFORMITY AND THE PROPOSED CONTRACT, THE COMMUNITY
 BOARD SHALL BE DEEMED TO HAVE WAIVED THEIR RIGHT  TO  VOTE  AND  HOLD  A
 PUBLIC  HEARING  ON  SUCH  PROPOSED  SITE, AND THE CONTRACT AND PROPOSED
 LOCATION SITE SHALL BE FULLY SUBMITTED TO THE COMPTROLLER FOR ACCEPTANCE
 OR REJECTION BY THE COMPTROLLER.

 A. 6932                             3
 
   (C) THE FEE FOR ALL MAILINGS AND PROOF OF SERVICE  SHALL  BE  INCORPO-
 RATED  INTO THE CONTRACT BETWEEN THE CITY OR STATE AGENCY AND THE OWNER,
 OPERATOR, LLC, LLP,  CORPORATION,  PARTNERSHIP,  DEVELOPER,  AND/OR  ANY
 OTHER  LEGAL  ENTITY  RESPONSIBLE  FOR  THE  HOTEL, MOTEL, INN, LODGING,
 RESORT,  TAVERN,  BOARDING  HOUSE, ROOMING HOUSE, OR HOSTEL IN WHICH THE
 PROPOSED CONTRACT SERVICES WILL BE PROVIDED.  THE  COMPTROLLER'S  OFFICE
 AND  THE  COMMUNITY  BOARD SHALL BE REIMBURSED FOR SUCH MAILING FEES AND
 PROOF OF SERVICE BY THE OWNER, OPERATOR, INDIVIDUAL,  LLC,  LLP,  CORPO-
 RATION,  PARTNERSHIP, DEVELOPER, AND/OR ANY OTHER LEGAL ENTITY RESPONSI-
 BLE FOR THE HOTEL, MOTEL, INN, LODGING, RESORT, TAVERN, BOARDING  HOUSE,
 ROOMING HOUSE, OR HOSTEL IN WHICH THE PROPOSED CONTRACT SERVICES WILL BE
 PROVIDED.
   (D)  THE  LOCATION OF THE PROPOSED HOTEL, MOTEL, INN, LODGING, RESORT,
 TAVERN, BOARDING HOUSE, ROOMING HOUSE, OR HOSTEL TO HOUSE OR RENT  ROOMS
 TO  HOMELESS  INDIVIDUALS,  SHALL  NOT BE WITHIN FIVE HUNDRED YARDS OF A
 SCHOOL.
   (E) ALL INCIDENTS AT THE HOTEL, MOTEL, INN, LODGING,  RESORT,  TAVERN,
 BOARDING  HOUSE,  ROOMING  HOUSE,  OR  HOSTEL THAT IS HOUSING OR RENTING
 ROOMS TO HOMELESS PERSONS, OF 911 CALLS, POLICE RESPONSES, DISTURBANCES,
 COMPLAINTS, AND/OR INCIDENTS THAT ARE HANDLED BY THE SECURITY  GROUP  OR
 AGENCY  THAT  IS  IN  CHARGE  OF  SECURITY  OF  SUCH PLACE SHALL PROVIDE
 DETAILED INFORMATION IN THE FOLLOWING MANNER:
   (I) ALL SUCH INCIDENTS THAT TAKE PLACE ON THE PROPERTY,  OR  INCIDENTS
 INVOLVING  ANY PERSON UNDER THE CARE OR SUPERVISION OF THE HOTEL, MOTEL,
 INN, LODGING, RESORT, TAVERN, BOARDING HOUSE, ROOMING HOUSE, OR  HOSTEL,
 OR  THEIR  GUESTS,  SHALL BE REPORTED AT LEAST ONCE A MONTH TO THE LOCAL
 POLICE PRECINCT AND THE LOCAL COMMUNITY  BOARD  WHERE  THE  PROPERTY  IS
 LOCATED.
   (II) EMERGENCIES, INCLUDING, BUT NOT LIMITED TO, ANY PHYSICAL ALTERCA-
 TIONS  OR  VIOLENCE, OR ANY INCIDENTS INVOLVING DRUGS OR WEAPONS ON SUCH
 PROPERTY OR INVOLVING ANY PERSON UNDER THE CARE OR  SUPERVISION  OF  THE
 HOTEL,  MOTEL,  INN,  LODGING,  RESORT,  TAVERN, BOARDING HOUSE, ROOMING
 HOUSE, OR HOSTEL, OR THEIR GUESTS SHALL BE REPORTED IMMEDIATELY  TO  THE
 POLICE PRECINCT AND COMMUNITY BOARD WHERE THE PROPERTY IS LOCATED.
   (III) ANY POLICE RESPONSE BY THE NEW YORK CITY POLICE DEPARTMENT SHALL
 BE REPORTED TO THE LOCAL COMMUNITY BOARD ONCE A MONTH, OR IF AN EMERGEN-
 CY  OR  INCIDENT  OCCURS AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH, SUCH EMERGENCY SHALL BE REPORTED  AS  SOON  AS  POSSIBLE  BY  THE
 POLICE PRECINCT TO THE COMMUNITY BOARD WHERE THE PROPERTY IS LOCATED.
   (F)  ANY  INDIVIDUAL,  LLC,  LLP, CORPORATION, PARTNERSHIP, DEVELOPER,
 HOTEL OWNER, SERVICE PROVIDER, SECURITY PROVIDER, AND/OR ANY LEGAL ENTI-
 TY AND ITS MEMBERS, MANAGERS, DIRECTORS, PARTNERS, OR ANY OTHER  AUTHOR-
 IZED PERSON OF SUCH LEGAL ENTITY, AS WELL AS IN THEIR INDIVIDUAL CAPACI-
 TY,  THAT  IS  NEGOTIATING, OR IS UNDER CONTRACT FOR SUCH HOUSING AND/OR
 RENTING OF ROOMS, OR PROVIDING SECURITY, OR ANY OTHER SERVICES FOR HOME-
 LESS PERSONS SHALL NOT CONTRIBUTE TO ANY POLITICAL CAMPAIGNS,  POLITICAL
 CANDIDATE,  AND/OR BALLOT MEASURE, DURING THE TENURE OF THE CONTRACT AND
 FOR FOUR YEARS AFTER SUCH CONTRACT EXPIRES, OR IS COMPLETED.
   (G) FOR ANY VIOLATION OF THIS SUBDIVISION,  THE  COMMUNITY  BOARD  AND
 ELECTED  OFFICIALS,  INCLUDING, BUT NOT LIMITED TO, THE CITY COUNCILMEM-
 BER, STATE ASSEMBLY MEMBER, STATE SENATOR, CONGRESS MEMBER,  AND/OR  THE
 FEDERAL  SENATORS  THAT  REPRESENT  THE  LOCATION OF THE PROPOSED HOTEL,
 MOTEL, INN, LODGING, RESORT, TAVERN, BOARDING HOUSE, ROOMING  HOUSE,  OR
 HOSTEL,  SHALL  HAVE  STANDING  IN A COURT OF COMPETENT JURISDICTION, TO
 BRING ANY AND ALL ACTIONS AGAINST THE CITY OR STATE, CITY OR STATE AGEN-
 CY, AN INDIVIDUAL, LLC, LLP, CORPORATION, PARTNERSHIP, DEVELOPER,  HOTEL

 A. 6932                             4
 
 OWNER, SERVICE PROVIDER, SECURITY PROVIDER, ANY LEGAL ENTITY, AND/OR ANY
 OTHER PARTY TO THE CONTRACT. IF THE COURT DETERMINES THAT A VIOLATION OF
 THIS  SUBDIVISION  HAS OCCURRED, THE COURT SHALL TERMINATE THE CONTRACT,
 AND  ALL  ATTORNEYS'  FEES  AND COSTS INCURRED BY THE PLAINTIFF SHALL BE
 PAID BY THE INDIVIDUAL, LLC, LLP, CORPORATION,  PARTNERSHIP,  DEVELOPER,
 HOTEL  OWNER,  SERVICE PROVIDER, SECURITY PROVIDER, LEGAL ENTITY, AND/OR
 ANY OTHER PARTY TO THE CONTRACT.
   (H) IF ANY PORTION OF THIS SUBDIVISION IS ADJUDGED INVALID, SUCH ORDER
 OR JUDGMENT SHALL BE CONFINED IN ITS OPERATION  TO  THE  CONTROVERSY  IN
 WHICH  IT WAS RENDERED, AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER
 OF ANY PROVISION OF THIS  SUBDIVISION  AND  TO  THIS  END  EACH  OF  THE
 PROVISIONS OF THIS SUBDIVISION ARE HEREBY DECLARED TO BE SEVERABLE.
   §  2.  This  act  shall take effect immediately and shall apply to all
 contracts issued, renewed, altered or amended on or after such effective
 date.