2006 New York Code - Shelters For Adults.

 
    § 21-312 Shelters for adults. a. Definitions.
    1.  "Census" shall mean the actual number of persons receiving shelter
  at a shelter for adults.
    2. "Certified capacity" shall mean the maximum number of  persons  who
  may  receive  shelter  at  a  shelter  for  adults  at  any  one time as
  authorized by the New York state  office  of  temporary  and  disability
  assistance.
    b.  No shelter for adults shall be operated with a census of more than
  two hundred persons. Notwithstanding such prohibition, any shelter  with
  a  census  of  greater  than two hundred persons on June first, nineteen
  hundred ninety-eight may continue  to  shelter  the  number  of  persons
  specified on the shelter's operating certificate as of that date as long
  as  such  shelter  is  operating in compliance with applicable statutes,
  laws, rules and regulations.
    * b. No shelter for adults shall be operated with  a  census  of  more
  than  two hundred persons. Notwithstanding such prohibition, any shelter
  with a census of  greater  than  two  hundred  persons  on  June  first,
  nineteen  hundred  ninety-eight may continue to operate in excess of the
  abovementioned two hundred  person  limitation,  and  such  shelter  may
  continue to shelter the highest number of persons permitted, authorized,
  approved  or  otherwise  allowed  between  June  first, nineteen hundred
  ninety-eight and December seventeenth, nineteen hundred ninety-eight, by
  the state of New York office of  temporary  and  disability  assistance.
  Nothing in this section shall be construed to require any shelter with a
  census of greater than two hundred persons on the effective date of this
  local law to reduce its census below two hundred persons.
    *   The  validity  of  this  local  law  is  currently  a subject of a
  disagreement between the Mayor and the City Council.
    c. Notwithstanding the provisions of subdivision b  of  this  section,
  homeless  single adult shelters may provide short-term emergency shelter
  to persons in excess of the certified capacity only when the  conditions
  set  forth in subdivision h of section 491.4 of title 18 of the official
  compilation of the codes, rules and regulations of the state of New York
  are met, and in no event for more than thirty days in any calendar year.
  Whenever a shelter for adults operates above its certified capacity, the
  speaker of the  council  shall  be  notified  in  writing  within  three
  business days.
    d.  A  minimum of seven supervisory staff members shall be required to
  be present whenever a shelter for adults operates with a census  of  two
  hundred  and  one  persons or more, and one additional supervisory staff
  member shall be required for  every  forty  persons  in  excess  of  two
  hundred and one.
    e.  The  commissioner  shall  submit  to  the  speaker  of the council
  quarterly reports summarizing the health, sanitation,  safety  and  fire
  protection-related  deficiencies  identified  in  any  inspection  of  a
  shelter for adults conducted by any  state  agency,  including  but  not
  limited to the office of temporary and disability assistance, the office
  of  children  and  family services, and the New York state department of
  health; and any city agency including, but not limited to, the New  York
  city  fire department, the New York city department of health and mental
  hygiene, and the New  York  city  department  of  buildings;  any  other
  government  agency;  and  any  organization  appointed by any court. The
  first such report shall  be  due  thirty  business  days  following  the
  calendar  quarter  ending  September  thirtieth,  nineteen  hundred  and
  ninety-eight and all subsequent reports shall  be  due  thirty  business
  days  following  the  last day of each succeeding calendar quarter. Such
  quarterly reports shall include, but not be limited to, the following:


    1. a list of all deficiencies identified by any state, city  or  other
  inspecting  government  agencies or organizations appointed by any court
  during the quarter which have not yet been brought into compliance  with
  applicable  statutes,  laws, rules and regulations and the date on which
  deficiencies  previously  reported  to  the  speaker of the council were
  brought into compliance;
    2. a list of all deficiencies identified by  the  fire  department  in
  three  or  more  consecutive inspections which have not yet been brought
  into compliance with applicable statutes, laws, rules and regulations;
    3. a copy of all court orders regarding health, sanitation, safety and
  fire protection-related deficiencies issued during the quarter; and
    4. a copy of all corrective  action  plans,  and  amendments  thereto,
  regarding   health,   sanitation,  safety  and  fire  protection-related
  deficiencies filed with any court during the quarter.