§ 1-01 Eligibility.
(a) Apartments in City-owned buildings may be viewed and rented by families who have been homeless for at least twelve months.
(1) to foster and encourage independence by shelter residents participating in employment programs, and
(2) to address the special medical needs of an individual who may benefit from housing outside of the shelter system, as determined by ERA in conjunction with a designee of the Mayor’s Office on Homelessness and SRO Housing Services.
§ 2-01 Single Adult Permanent Housing Referral Criteria.
(a) Homeless shelters for single adults may not refer clients to permanent housing in buildings that meet one or more of the following criteria:
(1) Buildings that appear on the New York State Department of Health (DOH) Referral Suspension List or on the DOH Uncertified Facilities List, as posted on the DOH website, when a client’s exit from shelter is being planned, or when the shelter otherwise considers referring a client to the address.
(2) Buildings that have active vacate orders listed by the NYC Department of Buildings (DOB), Department of Housing Preservation and Development (HPD) and/or the Fire Department (FDNY) on their respective websites when a client’s exit from shelter is being planned, or when the shelter otherwise considers referring a client to the address.
(3) Buildings against which HPD has pending litigation, or with one or more Hazard Class “I” violations as reflected in the HPD “Complaint, Violations and Registration Information” database, when a client’s exit from shelter is being planned, or when the shelter otherwise considers referring a client to the address, or buildings that at such time are identified on the HPD website as enrolled in the HPD Alternative Enforcement Program (AEP) established by the New York Administrative Code § 27-2153.
(4) Buildings with one or more complaints posted on the DOB website (Buildings Information System or BIS) within the four years preceding the time when a client’s exit from shelter is being planned, or when the shelter otherwise considers referring a client to the address, that meet both criteria (i) and (ii) below:
(i) Coded as one or more of the following Complaint Categories:
| Code | Complaint Category Description |
|---|---|
| 31 | Certificate of occupancy (CO) – None/Illegal/Contrary to CO |
| 45 | Illegal conversion |
| 71 | Single Room Occupancy (SRO) – Illegal work/No permit/Change in occup – use |
~
(ii) Complaint Disposition Codes that are blank in BIS or are A1 through A9 (violations or summons served) or are C1 through C4 (failure to gain access/access denied).
§ 3-01 Single Adult Resource Assessment.
(a) Definitions.
(1) Official shelter: The single adult shelter to which an adult shelter client has been assigned, following intake and assessment.
(2) Extended absence: An exit from the single adult shelter system lasting at least 30 consecutive days.
(3) Returnee: An adult shelter client who returns to a single adult shelter after an extended absence and within 365 days.
(4) Single Adult Resource Assessment: An assessment to identify alternative housing options available to a Returnee and to connect a Returnee to resources or benefits to avoid re-entry into shelter.
(5) Diversion services: Services offered at a single adult intake center directed at finding non-shelter housing alternatives and resources.
(6) Diversion office: An office located at a single adult intake center that provides diversion services.
(1) The Returnee has a mental or physical disability;
(2) Either the Returnee, or the primary tenant of the residence where the Returnee had been living prior to returning to shelter, has been evicted;
(3) A vacate order has been issued for the residence where the Returnee had been living during his or her extended absence;
(4) The Returnee was recently discharged from a prison, hospital, residential treatment facility, or other institution;
(5) The Returnee is a victim of domestic violence; or
(6) The Returnee has been living on the street.
If one or more of these factors are present, the Returnee must be assigned a bed at his or her official shelter. If a bed at the official shelter is unavailable, the Returnee must be given alternate placement until a bed at the official shelter becomes available. If none of these factors are present, shelter staff must refer the Returnee to a diversion office for a Single Adult Resource Assessment.
(1) Upon the Returnee’s arrival at a diversion office during regular business hours for conducting Single Adult Resource Assessments, diversion staff must conduct a Single Adult Resource Assessment with the Returnee.
(2) If the Returnee arrives at a diversion office after regular business hours for conducting Single Adult Resource Assessments, he or she must be temporarily assigned a bed and provided meals and shower facilities at the diversion office until a Single Adult Resource Assessment can be conducted the next business day.
§ 4-01 Definitions.
For the purposes of this chapter, the following terms have the following meanings:
§ 4-02 In General.
(a) Individuals residing in a DHS shelter for single adults who receive earned income that exceeds the sum of the following amounts shall be required to participate in the ISP Program following the individual's receipt of notice of the terms of the program and of their enrollment in the program, which notice shall be provided in the month prior to the month in which they receive their first monthly savings statement:
(i) the statewide standard of monthly need for a one-person household set forth in Section 131-a(2)(a-4) of the New York Social Services Law;
(ii) the monthly allowance for rent for a single person household without children in New York City set forth in Part 352.3(a)(1) of Title 18 of the New York Codes, Rules and Regulations;
(iii) the statewide monthly home energy and supplemental home energy payments for a one-person household set forth in Part 352.2(d) of Title 18 of the New York Codes, Rules and Regulations; and
(iv) the amount of the earned income disregard set forth in Part 352.19(a) of Title 18 of the New York Codes, Rules and Regulations.
§ 4-03 Savings Amounts and Adjustments.
(a) Beginning in the month following their enrollment in the program, program participants residing in a DHS shelter for single adults will receive a monthly savings statement, which shall include:
(1) The program participant’s deposit balance:
(A) For participants using accounts held by DSS, this amount shall equal the sum of all funds deposited by the program participant to their client account to date, minus any amounts released to the program participant to date.
(B) For participants approved to use their own commercial bank account, this amount shall equal the change in the participant’s account balance between their enrollment in ISP and the most recent bank statement they have provided to DHS.
(2) The current month’s savings request as calculated pursuant to subdivision (b) of this section, and the information on which such amount was calculated, including the program participant’s earned income, any approved deductions to such income pursuant to subdivision (c) of this section, and the number of days in shelter during the current savings month;
(3) The current amount due to be deposited:
(A) For participants using accounts held by DSS, this amount shall be equal to the sum of any amount due in the previous savings month, the current month’s savings request and any funds released to the program participant during the current savings month pursuant to 31 RCNY § 4-05(c), reduced by the sum of any deposits made during the current savings month pursuant to 31 RCNY § 4-03(d) and any one-time adjustments made during the current savings month, all of which shall be listed on the savings statement;
(B) For participants approved to use their own commercial bank account, this amount shall be equal to the sum of any amount due in the previous savings month and the current month’s savings request, either reduced by the difference between the balance in the client’s account at the beginning and the end of the month, if the balance has increased, or increased by such difference if such balance has decreased, and further reduced by any one-time adjustments made during the current savings month, all of which shall be listed on the savings statement; and
(4) For participants using accounts held by DSS, the date the amount is due to be deposited, which shall be no earlier than the twenty-fifth day of the month, and information on how to make a deposit, and for participants approved to use their own commercial accounts, information on how and when to submit a copy of their bank statement.
(5) Information on how to challenge the amount due and how to request a deduction to earned income or a one-time adjustment to the amount due pursuant to subdivision (c) of this section.
§ 4-04 Enforcement of ISP Program Requirements through Immediately Curable Shelter Sanctions.
(a) If a program participant fails to make the deposits set forth on their savings statements, DHS will schedule a case conference with the individual to discuss their non-compliance with program requirements and will provide the program participant with an opportunity to cure the non-compliance.
(1) Good cause will be determined on a case-by-case basis, taking into account other liabilities, medical or other emergencies, need, and good faith attempts to comply.
(2) Any temporary discontinuance of shelter shall be non-durational and immediately curable upon deposit of an amount of funds in their ISP Program account consistent with arrangements regarding the timing and amount of the deposit reached between the program participant and DHS in a case conference.
§ 4-05 Return of Savings.
Funds in client accounts held by DSS pursuant to this chapter will be returned to individuals or their designees under the following circumstances:
§ 4-06 Agency Review Conference and DSS Administrative Appeal Process.
(a) Right to DSS Administrative Review. A program participant may request an agency review conference and/or a DSS administrative hearing to seek review of a temporary discontinuance of shelter based on non-compliance with ISP program requirements.
(1) If an individual requests an agency review conference pursuant to subdivision (a) of this section, DHS shall informally review and attempt to resolve the issues raised.
(2) An individual may request an agency review conference without also requesting a DSS administrative hearing. Requesting an agency review conference will not prevent an individual from later requesting a DSS administrative hearing.
(3) An agency review conference must be requested within sixty days after the challenged determination or action, provided further that if a DSS administrative hearing is scheduled, an agency review conference must be requested reasonably in advance of the scheduled hearing date.
(4) A request for an agency review conference will extend the time period to request a DSS administrative hearing as set forth in paragraph (2) of subdivision (c) of this section to sixty days after the date of the agency review conference.
(1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or fax, or other means as DSS may set forth in an appeals notice.
(2) Except as provided in paragraph (4) of subdivision (b) of this section, a request for an administrative hearing must be made within sixty days after the challenged determination or action.
(1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an individual who has requested a conference or hearing under this section must have the individual’s written authorization to represent him or her at an agency review conference or administrative hearing and to review their case record, provided that such written authorization is not required from an attorney retained by such individual. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises DSS by telephone of such employee’s authorization.
(2) Once DSS has been notified that a person or organization has been authorized to represent an individual at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by DSS to the individual relating to the conference and hearing.
(1) If a program participant requests an administrative appeal of a determination that shelter is to be discontinued, such program participant shall have the right to continued receipt of temporary shelter until the hearing decision is issued pursuant to subdivision (l) of this section, provided that:
(A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and
(B) The appeal is based on a claim of incorrect computation or an incorrect factual determination.
(2) There is no right to continued shelter pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law.
(3) Temporary shelter will not continue pending the issuance of a hearing decision when:
(A) The program participant has voluntarily waived their right to the continuation of shelter in writing; or
(B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing.
(4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, shelter will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (l) of this section.
(1) The administrative hearing shall be conducted by an impartial hearing officer appointed by DSS who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action.
(2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested.
(3) The individual who requested the hearing shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by DHS, to request that the hearing officer issue subpoenas, and to examine any documents offered by DHS.
(4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made.
(1) DSS will consider an administrative hearing request abandoned if neither the individual who requested the hearing nor their authorized representative appears at the administrative hearing, unless either the individual or their authorized representative has:
(A) contacted DSS prior to the administrative hearing to request rescheduling of the administrative hearing; or
(B) within fifteen calendar days of the scheduled administrative hearing date, contacted DSS and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date.
(2) DSS will restore the case to the calendar if the individual who requested the hearing or their authorized representative has met the requirements of paragraph (1) of this subdivision.
(1) A copy of the decision will be sent to each of the parties and to their authorized representatives, if any. The decision shall include written notice to the individual who had requested the hearing of the right to further appeal and the procedures for requesting such appeal.
(2) HRA is not bound by a hearing decision that exceeds the authority of the hearing officer or that is contrary to federal, State, or local law or these rules. If the Commissioner determines that DHS is not bound by a hearing decision, the Commissioner shall promptly notify the individual who had requested the hearing of such determination, and of the reasons for the determination. Such notification shall be in writing and shall also inform the individual of the right to judicial review.
(1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner provided it is received by DSS through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after DSS sends the hearing officer’s decision. The record before the Commissioner shall consist of the hearing record, the hearing officer’s decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit.
(2) The Commissioner shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and DHS.
(3) A copy of the decision, including written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any.
Upon issuance, the decision of the Commissioner made pursuant to an appeal under this section is final and binding upon DHS and must be complied with by DHS
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