Int. No. 535-A

By Council Members DeBlasio, Quinn, Gioia, The Speaker (Council Member Miller), Brewer, Clarke, Fidler, Foster, Gerson, James, Liu, Lopez, Martinez, Palma, Recchia Jr., Reed, Sanders Jr., Seabrook, Weprin, Baez, Koppell, Moskowitz, Gennaro, Monserrate, Reyna, Addabbo Jr., Perkins, Boyland, Gonzalez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to processing of applications for non-emergency housing for clients of the HIV and AIDS Services Administration.

Be it enacted by the Council as follows:

                     Section 1. Declaration of legislative findings and intent.  The Council hereby finds and declares that people with clinical/symptomatic HIV disease and AIDS who seek assistance from New York City’s Human Resources Administration (“HRA”) have particularly acute needs for safe, clean housing to keep them healthy.  The Council further finds that homeless clients of the department of AIDS services/HIV and AIDS Services Administration often spend long periods of time in emergency housing while they wait for medically appropriate, non-emergency housing.   The goal of this legislation is to facilitate the application and referral process for medically appropriate, non-emergency housing for New Yorkers living with HIV and AIDS.    

§2. Section 21-128 of chapter one of title 21 of the administrative code of the city of New York is amended as follows:

§21-128. c. 1. Upon written or oral application to the division for benefits and services or submission of documents required to establish eligibility for benefits and services by a person with clinical/symptomatic HIV illness or with AIDS, such person shall immediately be provided with a receipt which shall include, but not be limited to, the date, a description of the information received, and a statement as to whether any application for such benefits and services is complete or incomplete, and if incomplete, such receipt shall identify any information or documents needed in order for the application to be deemed complete.

2.  Processing of applications for medically appropriate non-emergency housing.

(a) Unless the client shall decline, the division shall provide the following to every homeless client of the division on the day the client is determined to be eligible for services as a client of the division:

(i) an application for medically appropriate non-emergency housing; and

(ii) information regarding financial assistance available to assist eligible

clients in obtaining housing and regarding available housing options.

                     (b) The division shall ensure that every client receives any assistance needed to complete the application for medically appropriate non-emergency housing within 10 business days of the day on which the client is determined to be eligible for services as a client of the division.  

(c) Within 90 days of initial placement in emergency housing or of completion of the physical documentation required from the client for the application for non-emergency housing, whichever is sooner, the division must provide every client who is eligible for non-emergency housing a referral to an available medically appropriate non-emergency housing option, which takes into consideration the medical, educational and familial needs and social circumstances of the client, to the extent such option is available.    

(d)  For any client who remains homeless or in emergency housing for over 45 days after the requirements of subparagraph (c) of this paragraph or the requirements of this subparagraph have been met, the division shall provide a referral to another medically appropriate non-emergency housing option, to the extent such option is available.   

[2] 3.  Where no statute, law, regulation or rule provides a time period within which a benefit or service shall be provided to an eligible person who requests such a benefit or service, such benefit or service shall be provided no later than twenty business days following submission of all information or documentation required to determine eligibility.

§3. This local law shall take effect ninety days after its enactment.

4/13/2005 7:40 PM