2006 New York Code - Prohibiting The Use Of Tier I Shelters.

 
    §  21-124.  Prohibiting  the use of Tier I shelters. a. The city shall
  not establish henceforth any Tier I shelters as defined in  18  NYCRR  §
  900.2  through  § 900.18. After September 30, 1991, the city of New York
  shall not operate any Tier I shelters.
    b. 1. No homeless family shelter shall be established which  does  not
  provide  a  bathroom,  a  refrigerator  and  cooking  facilities  and an
  adequate sleeping area within each unit within  the  shelter  and  which
  otherwise  complies with state and local laws. All Tier II shelter units
  shall be such that they may  be  converted  to  be  used  for  permanent
  housing with a minimum of structural change.
    2.  The  following  units  are exempted or partially exempted from the
  provisions of paragraph one of this subdivision: (i) the Tier  II  units
  presently  in operation shall be exempt; (ii) the 2,450 units of Tier II
  shelter housing currently in the construction pipeline shall be  exempt;
  and  (iii)  units  in  facilities  for  battered  women or substance and
  alcohol abusers which meet all state requirements for such programs  may
  provide congregate dining and bathing arrangements.
    3. The requirements of this subdivision shall not apply in cases where
  the provisions of § 21-121 (3) are invoked.
    c. Until June 30, 1992, notwithstanding any provision of this section,
  the  mayor  may  authorize  homeless  families  to  be  sheltered in any
  facility approved by the appropriate state authority  for  such  purpose
  upon  a  finding  by  the  commissioner  that the city has more homeless
  families in need of shelter than the system  can  accommodate,  for  the
  following  reasons:  (1)  the  pattern  of  length  of  stay of families
  entering the system  each  month  shows  that  the  length  of  stay  is
  increasing   over   time;   (2)  the  city  has  experienced  unexpected
  impediments to  the  construction  or  rehabilitation  of  permanent  or
  transitional   housing   units,  including,  but  not  limited  to  work
  stoppages, natural disasters, unanticipated site conditions relating  to
  such  matters  as  soil  conditions,  contractor delays, availability of
  sewers, or the presence of asbestos which requires remedial action;  (3)
  the  city  has  not  obtained  necessary approval for sites selected for
  facilities  to  shelter   homeless   families;   (4)   construction   or
  rehabilitation   of  permanent  or  transitional  housing  for  homeless
  families has been and continues to be enjoined by court  order;  (5)  an
  emergency such as a flood, earthquake or fire, or a medical emergency as
  certified  by the commissioner of health, has rendered existing shelters
  unsuitable for use  to  house  homeless  families;  (6)  the  number  of
  homeless  families  requesting emergency housing exceeds the capacity of
  the  system  at  any  point  in  time;  or  (7)  any   other   emergency
  circumstance.  Such  finding  shall be made in writing and shall specify
  the time the commissioner anticipates will be needed  for  the  city  to
  meet  the  requirements  of  subdivisions a and b. Such finding shall be
  delivered  promptly,  and,  when  practicable,  prior  to  the  use   of
  facilities  pursuant  to  this subdivision, to the mayor, the speaker of
  the council, any council member in whose district  families  are  to  be
  sheltered  pursuant to this subdivision, and to the families who receive
  shelter in facilities not meeting the requirements of subdivisions a and
  b. Within fifteen days of having made such finding, and  at  such  other
  times  as the council may request, the mayor shall report to the council
  on the plans to meet the requirements of subdivisions a and  b  and  the
  progress that has been made in implementing such plans. The commissioner
  shall  insure  that  the  social  service  and medical needs of families
  sheltered pursuant to this subdivision shall be met in  accordance  with
  state  regulations  in  18  NYCRR  §  900.2 through § 900.18 for Tier II
  shelters. Notwithstanding  any  provision  of  this  paragraph,  between
  September  30,  1991 and June 30, 1992, the shelters located at 282 East


  3rd Street and 151 East 151st Street may be used for families except for
  homeless families with children.
    d.  Notwithstanding  the provisions of this section, on and after July
  1, 1992, the commissioner of social services,  after  consultation  with
  the  speaker  of  the  council,  may  certify  that an emergency exists,
  pursuant to the criteria expressed in subdivision c, that  requires  the
  use  of  tier  I  shelters to meet legal mandates to provide shelter for
  homeless persons  and,  upon  transmission  of  such  certification  for
  publication  in the City Record together with a statement of the reasons
  therefor, which shall include a statement and documentation  that  there
  is  no  other  alternative  form of shelter available that complies with
  state and local regulations including invoking the powers under § 21-121
  (3), may direct the use of such tier I  shelters  which  are  consistent
  with  state  and  local  laws  as  are  necessary to meet the emergency;
  provided, however, that the commissioner  of  social  services  may  not
  utilize  a  tier  I shelter for more than forty-five days unless a local
  law shall be enacted permitting such use for the shelter.