Int. No. 1406
By Council Members Won and Farías
A Local Law to amend the administrative code of the city of New York, in relation to establishing a minimum per diem for food provision in shelters
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 6 of the administrative code of the city of New York is amended by adding a new section 6-149 to read as follows:
§ 6-149 Minimum per diem for food provision in shelters. a. Definitions. As used in this section, the following terms have the following meanings:
CPI. The term “CPI” means the consumer price index for all urban consumers for all items in the New York-Newark-Jersey City area (1982-84 = 100) published by the bureau of labor statistics of the United States department of labor, or any successor index thereto.
Food provision. The term “food provision” means the preparation of food, involving the sourcing and assembling of ingredients for human consumption; and if such food is prepared in a location other than that where it is served, the delivery of such food.
Per diem. The term “per diem” means the dollar amount allocated for one day’s worth of food provision for a shelter resident.
Shelter. The term “shelter” means temporary emergency housing provided to individuals by an agency or a shelter operator.
Shelter contract. The term “shelter contract” means a written agreement whereby an agency is committed to expend and does expend funds, and the principal purpose of such agreement is to operate a shelter.
Shelter operator. The term “shelter operator” means a person that is a party to a shelter contract.
b. An agency that contracts for food provision in a shelter operated by that agency shall pay at least the per diem required by subdivision d of this section for such food provision.
c. An agency that is a party to a shelter contract shall pay or reimburse the shelter operator at least the per diem required by subdivision d of this section for food provision in a shelter operated pursuant to such shelter contract and where such shelter offers food to its residents. This subdivision applies regardless of whether the shelter operator itself prepares food for shelter residents or subcontracts for food provision.
d. 1. As of the effective date of the local law that added this section, the per diem shall be $15.
2. Beginning 1 year after the effective date of the local law that added this section, and each year thereafter, the per diem shall be adjusted based upon the 12-month percentage increase, if any, in the CPI for the 12 months ending in the month prior to the month that such adjustment is made.
e. This section applies to contracts executed or renewed on or after the effective date of the local law that added this section.
§ 2. This local law takes effect 90 days after it becomes law.
MLL
LS #18635
09/19/2025 9:26AM