S T A T E O F N E W Y O R K
________________________________________________________________________
9129
I N A S S E M B L Y
February 8, 2024
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to prohibiting
restrictions on the length of shelter stay
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
44-a to read as follows:
§ 44-A. SHELTER STAY LIMITATION PROHIBITION. 1. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EMERGENCY CONGREGATE HOUSING" SHALL MEAN ANY LOCATION OPERATED BY
A STATE AGENCY, CITY AGENCY, OR LOCAL MUNICIPALITY OR A PROVIDER UNDER
CONTRACT OR SIMILAR AGREEMENT WITH A STATE AGENCY, CITY AGENCY, OR LOCAL
MUNICIPALITY WHERE INDIVIDUALS AND FAMILIES RESIDE FOR MORE THAN NINE-
TY-SIX CONTINUOUS HOURS AND WHERE SUCH INDIVIDUALS AND FAMILIES SLEEP IN
A CONGREGATE SETTING WITH SHARED FACILITIES, INCLUDING BUT NOT LIMITED
TO SLEEPING QUARTERS AND BATHROOMS, BUT SHALL NOT INCLUDE ANY LOCATION
OPERATED BY THE DEPARTMENT, OR A PROVIDER UNDER CONTRACT OR SIMILAR
AGREEMENT WITH THE DEPARTMENT.
(B) "HOMELESS YOUTH" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION TWO OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE
LAW, AND SHALL INCLUDE HOMELESS YOUNG ADULTS.
(C) "HOMELESS YOUNG ADULT" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION NINE OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE
LAW.
(D) "SHELTER" SHALL HAVE THE SAME MEANING AS "HOMELESS PROJECT", AS
DEFINED BY SUBDIVISION ONE OF SECTION FORTY-TWO OF THIS TITLE.
2. (A) NO STATE AGENCY SHALL IMPOSE LIMITS ON THE LENGTH OF TIME AN
INDIVIDUAL OR FAMILY MAY RESIDE IN SHELTER OR EMERGENCY CONGREGATE HOUS-
ING. ABSENT IMMINENT DANGER OR A REQUEST FROM AN INDIVIDUAL OR FAMILY
TO BE TRANSFERRED, THE STATE AGENCY, CITY AGENCY, OR LOCAL MUNICIPALITY
OR A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH A STATE AGENCY,
CITY AGENCY, OR LOCAL MUNICIPALITY SHALL NOT MOVE INDIVIDUALS OR FAMI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14087-03-4
A. 9129 2
LIES FROM THEIR PLACEMENT, SO LONG AS THAT PLACEMENT COMPLIES WITH ALL
CITY, STATE, FEDERAL AND MUNICIPAL LAWS.
(B) TO RESIDE IN SHELTER OPERATED BY THE DEPARTMENT, OR A PROVIDER
UNDER CONTRACT OR SIMILAR AGREEMENT WITH THE DEPARTMENT, AN INDIVIDUAL
OR FAMILY MUST MAINTAIN ELIGIBILITY FOR TEMPORARY HOUSING ASSISTANCE
PURSUANT TO SECTION 352.25 OF THE NEW YORK CODE, RULES AND REGULATIONS.
§ 2. This act shall take effect immediately.