NY State Senate Bill 2019-S7715

Senate Bill S7715

2019-2020 Legislative Session

Requires the department of homeless services of the city of New York to provide notice to local public officials relating to homeless shelters and use of hotels for the homeless

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2020	referred to cities

2019-S7715 (ACTIVE) - Details

See Assembly Version of this Bill:: A10115
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §21-312, add §21-324, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4802
2021-2022: S2206

2019-S7715 (ACTIVE) - Summary

Requires the department of homeless services of the city of New York to provide notice to local public officials relating to establishment of homeless shelters and the use of hotels for the homeless.

2019-S7715 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7715

SPONSOR: ADDABBO
 
TITLE OF BILL:

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 homeless
individuals

 
PURPOSE::

To require adequate and appropriate advanced community notification for
the placement of permanent homeless shelters; to provide transparency
and notification to local communities for the utilization of hotels to
shelter homeless individuals.

 
SUMMARY OF PROVISIONS::

Section 1. Amends section 21-312 of the administrative code of the city
of New York to require the New York City Department of Homeless Services

to, in not less than two forms of communication, notify the community
board of the community in which the proposed shelter is to be located,
the city council member representing the district, the member of the
state assembly, the state senator, the member of the house of represen-
tatives and the borough president of the affected community, with the
details of the proposed shelter, including the address, the expected
census, the expected certified capacity and the operated of the shelter,
no later than 45 days in advanced of the Mayor's Office of Contract
Services hearing.

Within fifteen days of such notice, the community board may request that
the department schedule a public hearing to be held within fifteen days
of the request at a location within the community to be affected.
Following the hearing, the department shall consider any and all
comments and reasonable concerns raised and work with the proposed oper-
ate to modify the proposal to address such concerns.

Section one also requires the creation of a community advisory board

("CAB") to be established within twenty days of the shelter opening to
foster ongoing collaboration within the community.

Section 2. Amends the administrative code of the city of New York by
adding a new section 21-321 for the use of privately owned hotels to
shelter individuals. The department will be required on a quarterly
basis to issue a report on the use and proposed used of hotels, such
report will be made available publically. Additionally, this section
requires that prior to placement of any homeless individuals in a hotel,
the department needs to inspect and certify that such hotel has no open
violations to ensure the safety and welfare of the individuals being
placed there for shelter. To provide greater transparency, the depart-
ment will also be required to establish and maintain a list of hotels
that have been certified and inspected which are suitable for the place-
ment of homeless individuals across the city; this transparency conforms
to chapter 48 of the city charter.

Additionally, the ensure community collaboration with the Department,
community officials listed in subdivision a of this section shall be
notified of placement in suitable hotels as well as providing the appro-
priate community board with the option of holding a hearing by within
fifteen days, if a hotel has 25 of more units utilized for a period of
fifteen consecutive days or more discuss the potential impacts on the
community.

Section 3 of the bill provides that in situations where demand for
hotels is higher than the current available hotels, which have been
certified and deemed suitable for shelter and the temperature has
dropped below 32 degrees, the department may place individuals in hotels
and provide notification within forty eight hours to the appropriate
community officials in the same manner as the above sections.

Section 4 of the bill is the effective date.

 
JUSTIFICATION::

The City of New York is currently facing record numbers of homeless
individuals and families who are entering the shelter system, which has
resulted in a shortage of safe and adequate shelter. Recently, the Mayor
of the City of New York announced a plan to open approximately 90 new
shelters and expand approximately 30 existing shelters over the next few
years, which makes this legislation so vital to ensure there is trans-
parency and adequate advanced notification to the affected community. By
providing affected communities with the ability to raise valid concerns
and engage in meaningful dialogue with the New York City Department of
Homeless Services to ensure negative impacts of the placement of a new
shelter will be mitigated.

Additionally, it is imperative that a process exist to provide real
transparency and adequate notification to affected communities of the
placement of homeless individuals in hotels, as well as making sure
hotels that are being used to shelter these individuals are safe and
free of violations.

 
LEGISLATIVE HISTORY::

2018 COMMITTED TO RULES

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

This act shall take effect on the thirtieth day after it shall have
become law.

2019-S7715 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7715
 
                             I N  S E N A T E
 
                             February 10, 2020
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed 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

 S. 7715                             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.

 S. 7715                             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.

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