HOW YOU CAN PROTECT YOUR RIGHT TO SHELTER
(Article published in HWW April 2009)
by Anya Maddow-Zimet, Legal Aid Society’s Homeless Rights Project
Homeless families with children in New York City have a right to shelter. However, the Department of Homeless Services can transfer you to another shelter if
• you break certain rules
• you do not look for housing, or
• you turn down an apartment that is suitable for your family
DHS wants to have rules to "sanction" families out of the shelter system (kick them out of the shelter system entirely) in some cases instead of transferring them. The State has not yet approved DHS' sanction plan. It is not known when, or if, the plan will go into effect.
What should you do to protect yourself?
If you or a family member is sick or has a medical or mental health problem – or a domestic violence issue – get proof now! Get letters or other documents from people who know about your problem – such as doctors, clinics, hospitals, social workers, therapists, or counselors. Make sure the letters tell about your condition and any special needs you have. Give copies to your shelter worker and keep the originals for yourself. DHS should not sanction you if you turn down an apartment because it does not meet your health or safety needs, or if it would make you sicker.
Keep detailed notes about your housing search. Write down all calls you make to brokers and landlords, and all apartments you visit, recording each date. If you see an apartment that would be unsafe for you, you shouldn't have to take it, but you must document your reason for turning the apartment down. If you can, take a camera so you can take pictures of any problems. If you can’t do that, write down every problem that you see and give a copy of your notes to your shelter worker to put in your file. Ask your worker to look up the building on the City’s HPD website and print out all the information about problems or violations there. If you or anyone in your family has a medical condition, and your doctor thinks the apartment would make you or your family member sicker (or is medically unsuitable), get a letter from the doctor that explains why your family should not live in that apartment.
Keep all appointments given to you by your shelter caseworker. If you can't attend an appointment, tell your worker in advance and reschedule. If you have documentation of why you had to miss an appointment, give a copy to your shelter caseworker and keep one for yourself.
Keep all public assistance appointments. If you are having problems with your welfare case, go to your public assistance center and try to speak with your worker or a supervisor to fix the problem. You can also ask your shelter worker to help you make calls to your center or even go with you. You can also request a fair hearing. Make sure to keep detailed notes of all steps you take to fix any problems you are having with your public assistance case.
If your shelter is requiring you to look for a job, keep notes of your job search. If you can't work because of a medical condition, get a letter from your doctor or therapist explaining that you cannot work. Give a copy of this letter to your shelter worker and keep one for yourself.
If DHS wants to transfer you, your shelter has to give you a written notice that says what you did wrong. You have the right to a hearing before you are transferred (unless the transfer is for medical reasons or you have stayed out of the shelter for 48 hours without permission). Ask for a translator if you need one. At the hearing, tell your side of the story, and show your pictures, notes and letters. You can also bring other people with you to explain what happened. You have the right to receive a written decision before you are transferred to another shelter.
Even after you are transferred, if you still think the decision was wrong, you can ask for a State fair hearing by calling 1-800-205-0110 or going to 14 Boerum Place in downtown Brooklyn. If you win your fair hearing, you could be transferred back to your original shelter.
