§ 18-01.
RCNY § 18-01
"Shelter Services" means temporary shelter relocation services offered or provided to a Relocatee by HPD. "Site Occupancy Record" means a written file concerning a Relocatee, maintained by a Case Manager, containing all documents and information concerning the Relocatee. "Standard Apartment" means a dwelling unit approved by HPD that: (i) Has adequate floor area for the Relocatee and his or her Family pursuant to the Housing Maintenance Code; (ii) Has no immediately hazardous violations of record in the dwelling unit; (iii) Has no violations of record in the dwelling unit for vermin, mice, or other pest infestations, unless a letter from a licensed exterminator certifies that the building is under contract to be serviced monthly; (iv) Does not have any rooms or facilities which can be reached only through a public area, unless the dwelling unit is approved for single room occupancy use or is a room in a dwelling unit; (v) Has heat and hot water; (vi) Contains a private kitchen or kitchenette for the exclusive use of the Relocatee and his or her Family, unless the dwelling unit is approved for single room occupancy use or is a room in a dwelling unit; (vii) Contains private and fully enclosed toilet and bathing facilities for the exclusive use of the Relocatee and his or her Family, unless the dwelling unit is approved for single room occupancy use or is a room in a dwelling unit; and (viii) Has a window or adequate light and ventilation in each room pursuant to the Housing Maintenance Code. "Uninhabitable" means, with respect to any dwelling unit, one that is unfit for human habitation, due to substantial structural or other damage that has not been remedied. "Vacate Order" means one of the following orders of a local governmental agency requiring occupants of a building or dwelling unit to discontinue occupancy: (i) Vacate Order issued by the Department of Health and Mental Hygiene, pursuant to Administrative Code § 17-159 or other provision of law; (ii) A Vacate Order issued by the Department of Buildings pursuant to Administrative Code §§ 28-207.4 et seq. or other provision of law; (iii) A Vacate Order or other order issued by the Fire Department, pursuant to Administrative Code § 15-227 or other provision of law; and (iv) A Vacate Order or other order issued by HPD, pursuant to Housing Maintenance Code § 27-2139 or other provision of law. "Vacate Date" means the date of issuance of a Vacate Order. If more than one Vacate Order affects a building or dwelling unit, "Vacate Date" means the date of issuance of the first Vacate Order affecting such building or dwelling unit.
(b)Relocation Services.
(1)To request Relocation Services, a Claimant for Relocation Services must provide: (i) Proof of identity, such as a driver's license, passport, government identification card, or other photo identification, and, for children, a birth certificate, letter from school with address, or proof of legal guardianship; and (ii) Documentation that he or she resided in the Former Apartment. Documentation of residency may include: (A) a lease, sublease or license agreement verifying that the Claimant resided at the Former Apartment; or (B) any two of the following: (a) a valid government-issued identification listing the Former Apartment as the Claimant's address; (b) a valid record from any government agency listing the Former Apartment as the Claimant's address; (c) a valid record relating to medical treatment, such as a prescription, that lists the Former Apartment as the Claimant's address; (d) a notarized written statement from the owner of the Former Apartment verifying that such Claimant resides at the Former Apartment, provided, however, that a statement by the owner stating that such Claimant does not reside at such Former Apartment shall not be used, by itself, to prevent such claimant from receiving Relocation Services without further documentation provided by such owner; (e) a valid, current utility bill addressed to the Claimant at the Former Apartment; (f) a written, notarized statement from a third party, non-governmental service provider, on the provider's letterhead, verifying that the provider's services were provided to the Claimant and that the Claimant resides at the Former Apartment; and (g) any other forms of verification that the department may deem appropriate, including, but not limited to, official payroll documentation, bank statement, or credit card statement.
(2)Upon receiving notice of a Vacate Order and verifying eligibility of a Relocatee, HPD will issue a notice of eligibility and offer Relocation Services to a Relocatee as provided in these rules. If HPD finds a Claimant to be ineligible, it will issue a notice of ineligibility. An offer of Relocation Services shall be made only once to any Relocatee while the Vacate Order is in effect.
(i)A Relocatee must accept or decline an offer of Relocation Services, as applicable, in whole or in part, in writing where a notice of eligibility has been issued by HPD.
(ii)If a Relocatee does not accept an offer of Relocation Services in writing, such offer (or the part not accepted) will be permanently withdrawn.
(3)If a Relocatee accepts an offer of Shelter Services, HPD may order a Relocatee to move from one temporary shelter to another if, in the judgment of HPD, this facilitates the work of HPD or reduces the costs of temporary shelter.
(4)A Relocatee who declines an offer of Shelter Services may be eligible for other Relocation Services as provided in these Rules. However, a Relocatee who has declined an offer of Shelter Services will not be eligible for any further Shelter Services, despite eligibility for other Relocation Services.
(5)HPD will provide a Relocatee with a copy of these Rules in English and Spanish and such other language as it deems necessary. HPD will notify such Relocatee of the name, office address and telephone number of the Case Manager assigned to the Relocatee. A copy of these Rules in English and Spanish and such other language as HPD deems necessary will also be made available in the offices of Case Managers.
(6)HPD will assist a Relocatee in completing and submitting an application for housing or a NYCHA housing application on behalf of the Relocatee. A Relocatee who fails or refuses to complete such application(s) will be ineligible for any further Relocation Services and subject to termination.
(7)HPD will pay the cost of Shelter Services in such amount as HPD deems adequate for Relocatees residing in temporary shelters.
(8)HPD will refer a Relocatee to one Standard Apartment. A Relocatee may request that such Standard Apartment be located in a particular borough, if available, provided, however, that a Relocatee may not refuse a Standard Apartment on the basis that it is not located in the preferred borough.
(9)HPD may withdraw its referral of a Standard Apartment and the Relocatee may withdraw his or her acceptance if the Standard Apartment is not Prepared for Occupancy within 30 days after the date that the Relocatee informed HPD of his or her acceptance.
(10)If HPD notifies the Relocatee that the Former Apartment has been repaired, the Relocatee's unjustified failure or refusal to return to the Former Apartment constitutes grounds for termination of Relocation Services.
(c)Relocation Payments. A Relocatee may be eligible for the following relocation payments: (1) Moving Expenses. HPD will reimburse a Relocatee whose possessions are moved from the Former Apartment to a storage facility, a Standard Apartment, or lawful dwelling unit for his or her moving expenses in an amount determined by HPD. HPD will not reimburse a Relocatee if he or she is entitled to payment of moving expenses from another governmental agency or other source.
(e)Termination of Relocation Services: Non-occupancy in Temporary Shelter. This subdivision applies to a Relocatee who has accepted an offer of Shelter Services by HPD.
(f)Termination of Relocation Services: Refusal of Referral.
(g)Termination of Relocation Services: Other Grounds. Relocation Services may be terminated after notice and hearing pursuant to subdivisions (h) through (l) of these Rules, even if HPD has made no referral to a Standard Apartment, upon occurrence of any one of the following: (1) The Relocatee unjustifiably fails or refuses to move into the Former Apartment after having been notified by HPD or the owner that such dwelling unit or room has been repaired and is no longer Uninhabitable, as required by paragraph 10 of subdivision (b); (2) The Relocatee fails or refuses to fill out an application with NYCHA for housing or any other housing application required by HPD, or fails or refuses to provide information required by HPD or NYCHA relating to relocation efforts or the Relocatee's eligibility for Relocation Services, as required by paragraph 6 of subdivision (b) or makes material misstatements or conceals material facts from HPD, NYCHA, or any other entity in any housing application that the Relocatee has submitted; (3) The Relocatee fails or refuses to comply with the obligation to actively seek out a lawful dwelling unit and to accurately report his or her progress to the Case Manager on a weekly basis or at such intervals as HPD requires, or fails to keep HPD informed of his or her current address, telephone number and other contact information, as required under these Rules, as required by paragraph 1 of subdivision (d); (4) The Relocatee or any member of his or her Family residing in a temporary shelter provided by HPD engages in conduct which threatens the health, safety or property of a Family member, other residents, guests or visitors in the shelter; City personnel, agents or employees; the owner of the shelter, his or her agents or employees; or any other person; (5) The Relocatee makes material misstatements or conceals material facts from HPD, NYCHA, or any other entity concerning his or her initial or continued eligibility for Relocation Services; (6) The Relocatee fails to respond to or comply with a notice for an appointment with employees of HPD, a Case Manager, or with prospective landlords or agents, including, but not limited to, an appointment to view a potential Standard Apartment; (7) The Relocatee is ineligible for Relocation Services: (i) because he or she did not in fact dwell in the Former Apartment or, the Relocatee is subject to a final order of eviction at the time that he or she would otherwise have been eligible for Relocation Services; (ii) because the Relocatee has failed, where required, to file the application to HCR required by paragraph 8 of subdivision (d) of these Rules or has failed to remain current on his or her obligation to pay a reduced rent of $1.00 per month or another nominal amount for the Former Apartment as established by HCR; (iii) because the Relocatee has signed or otherwise entered into an agreement with the owner of the Former Apartment terminating or diminishing his or her legal rights to occupancy of the Former Apartment, as provided by in paragraph 9 of subdivision (d); (iv) because the Former Apartment is no longer Uninhabitable and the Relocatee has unjustifiably failed or refused to return to the Former Apartment; or (v) because he or she is otherwise ineligible for Relocation Services; or (8) The Relocatee behaves in a manner which substantially interferes with the orderly operation of the temporary shelter provided by HPD, including, but not limited to, repeated violations of any rules or regulations of such shelter.
(h)Hearing Procedures for Termination of Relocation Services.
(j)Hearing Procedures: Decision.
(k)Hearing Procedures: Default.
(l)Appeal of Hearing Decision Terminating Relocation Services.
(m)Determination of Claimant's Eligibility for Relocation Services.* * Editor's note: There were two subsections designated as (2) in this subsection (m); renumbered at the discretion of the editor.
(n)Notice.
