Current through Register Vol. 46, No. 39, September 25, 2024
(a)
The operator of a shelter for adults, a small-capacity shelter, or a shelter
for adult families shall adopt resident rules governing day-to-day life and
activities in the facility and post these rules in a location accessible to
residents of the facility and visitors.
(b) Upon admission to a shelter for adults, a
small-capacity shelter or a shelter for adult families, each resident must be
provided with a copy of the facility rules setting forth their rights and
responsibilities while residing in the facility, and must be advised in writing
of the consequences of failing to comply with the rules of the facility
including discharge, and in certain circumstances discontinuance of temporary
housing assistance.
(c)
Resident rights.
At a minimum, the operator shall afford each resident the
following rights, which will be set forth in the resident rules:
(1) a resident shall have the right to remain
in the facility and not to be discharged except as provided in this
Part;
(2) a resident shall have the
right to leave and return to the facility and grounds at reasonable hours in
accordance with the rules of the facility;
(3) a resident's civil rights shall not be
infringed;
(4) a resident's
religious liberties shall not be infringed;
(5) a resident shall have the right to have
private written and verbal communications including the right to meet with
legal representatives, legal counsel, medical providers, social workers, and
any other service providers or persons authorized by the social services
district. Any requirements as to prior notice and hours of access shall be set
forth in the resident rules;
(6) a
resident shall have the right to receive and send mail or any other
correspondence without interception or interference, except that incoming mail
may be scanned and x-rayed to ensure that it does not contain contraband that
could pose a threat to the security of the facility or to the health and safety
of residents or staff;
(7) a
resident shall have the right to join with other residents or individuals to
work for improvements in resident care;
(8) a resident shall have the right to
present grievances on one's own behalf, or on behalf of other residents, to the
operator or operator's designee, to the social services district, and/or the
office, without fear of reprisal;
(9) a resident shall have the right to manage
one's own financial affairs;
(10) a
resident shall have the right to confidential treatment of personal, social,
financial and medical records;
(11)
a resident shall have the right to receive courteous, fair and respectful care
and treatment;
(12) a resident
shall have the right to be free from restraint or confinement and shall not be
locked in a room at any time;
(13)
a resident shall have the right to privacy in caring for personal
needs;
(14) a resident shall have
the right to have their version of the events leading to an accident or
incident in which he/she is involved included on all accident or incident
reports;
(15) a resident shall not
be obliged to perform work by coercion or threat;
(16) a resident shall not be permitted, or
obliged, to provide any operator or agent of the operator any gratuity in any
form for services provided or arranged for in accord with law or
regulation;
(17) a resident shall
have the right to receive visitors in designated areas of the facility, where
feasible, during reasonable hours as specified in the resident rules;
and
(18) a resident shall have the
right to request that a shelter operator or social services district make
reasonable accommodations for any physical or mental disability that
substantially limits one or more major life activities.
(d)
Resident rules.
The resident rules must inform residents of the obligations
upon which their continued residence in the shelter depends and the sanctions
for noncompliance. At a minimum, rules concerning the following obligations
must be set forth in the resident rules:
(1) applying for Safety Net Assistance,
Veteran Assistance, Emergency Assistance for Adults, SSI, or additional State
payments, whichever is applicable, to the extent that the resident is eligible
to receive such benefits pursuant to section
349.3
of this Title;
(2) developing,
carrying out and completing a service or independent living plan with facility
or social services district staff to achieve permanent housing and reviewing
such plan with facility staff at least once every two weeks;
(3) complying with any responsibilities,
conditions or requirements set forth in the resident's independent living plan,
where applicable;
(4) seeking and
accepting permanent housing;
(5)
seeking and accepting employment;
(6) maintaining the cleanliness of their own
sleeping and living areas, including bathroom and cooking areas, if any, as
well as laundering and changing linens and towels regularly if required by
facility staff or by resident's independent living plan;
(7) using communal areas
appropriately;
(8) notifying
facility staff of any illnesses;
(9) cooperating with the social services
district and facility staff in an assessment of the family's housing and
housing-related public assistance and care needs;
(10) refraining from engaging in acts which
endanger the health and safety of oneself or others, or which substantially
interfere with the orderly operation of the facility;
(11) complying with all public assistance
requirements that apply to the resident or resident family; and
(12) paying to the facility or the social
services district the resident or resident family's share of the cost of
temporary housing in the amount determined by the social services
district.
(e) Each
resident shall have the responsibility to obey the rules of the facility and to
respect the personal rights and private property of the other
residents.
