New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter L - Homeless Housing And Assistance Program
Part 900 - Shelters For Families With Children
Section 900.12 - Resident rights and obligations
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 900.12
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator of a shelter for 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, each family 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 involuntarily transferred or 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/or 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 to 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 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 families of the obligations upon which their continued residence in the shelter depends and the sanctions for noncompliance. At a minimum, rules concerning the following family obligations must be set forth in the resident rules:
(1) applying for Emergency Assistance to
Needy Families with Children, Family Assistance, Safety Net Assistance, Veteran
Assistance, Emergency Assistance for Adults, SSI, or additional State payments,
to the extent that any family member 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;
(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;
(7) using communal areas
appropriately;
(8) notifying
facility staff of any illnesses of each member of the family;
(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 and
care requirements that apply to the resident or resident family;
(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;
(13) ensuring school
attendance of school-age children in their family;
(14) supervising minor family
members;
(15) utilizing child care
provided through the facility or social services district when such care is
necessary to enable the parent or caretaker relative to seek employment and/or
permanent housing or to attend school or training; and
(16) for pregnant persons, participating in a
prenatal care services program.
(e) Each resident shall have the responsibilities to obey the rules of the facility and to respect the personal rights and private property of the other residents.
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