New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.151 - Executive Order No. 151: Emergency Declaration Regarding Homelessness During Inclement Winter Weather

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, New York State is currently in the winter season
					 and is subject to inclement winter weather that poses an imminent danger to
					 public health and safety; and
WHEREAS, such inclement winter weather means air
					 temperatures at or below 32 degrees Fahrenheit, including National Weather
					 Service calculations for windchill; and
WHEREAS, when such inclement winter weather occurs, it
					 presents a threat to the life, health, and safety of the State's citizens,
					 particularly to persons who are homeless, including the risk of hypothermia and
					 potentially death; and
WHEREAS, pursuant to the New York State Constitution, the
					 State of New York has an obligation to provide for the aid, care and support of
					 persons in need and to protect and promote the health of its citizens;
					 and
WHEREAS, it is imperative that the State act to ensure that
					 such aid, care and support is provided to address the needs of the State's
					 homeless population, which need is further heightened during the winter months;
					 and
WHEREAS, homelessness is an issue that impacts citizens in
					 all regions of the State, from large cities to small towns and rural
					 communities; and
WHEREAS, certain parts of the State are facing a crisis of
					 homelessness unprecedented in recent history; and
WHEREAS, the State has a comprehensive system of more than
					 77,000 emergency shelter beds for homeless single adults, families, and
					 unaccompanied youth, designed to meet the housing and supportive services needs
					 of these homeless residents; and
WHEREAS, localities customarily work in coordination with
					 police agency resources and local social service providers to conduct outreach
					 to the homeless and to facilitate their transfer to sheltered locations;
					 and
WHEREAS, the State will assist local social services
					 districts if they are lacking facilities, resources or expertise; and
WHEREAS, the State will be imminently commencing and
					 mandating that local social service districts establish comprehensive regional
					 housing and supportive service networks designed to meet the diverse needs of
					 each subgroup within the homeless population; and
WHEREAS, New York State law is clear and well-established
					 that the State can take appropriate steps, including involuntary placement, to
					 protect individuals from harming themselves or others;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York, Sections 28 and 29 of Article 2-B of the Executive Law, and
					 consistent with the Laws of the State of New York, including the Mental Hygiene
					 Law, and the judicial interpretations of those laws, do hereby issue this
					 Executive Order to mitigate the effects of such inclement winter weather and
					 the resulting impacts of such weather on individuals experiencing
					 homelessness;
FURTHER, I direct all local social service districts,
					 police agencies including the New York State Police, and state agencies to take
					 all necessary steps to identify individuals reasonably believed to be homeless
					 and unwilling or unable to find the shelter necessary for safety and health in
					 inclement winter weather, and move such individuals to the appropriate
					 sheltered facilities;
FURTHER, I direct all local social service districts to
					 take all necessary steps to extend shelter hours, to allow individuals who are
					 homeless to remain indoors, to instruct homeless service outreach workers to
					 work with other relevant personnel and to work with local police in relation to
					 the involuntarily transport of at-risk individuals who refuse to go inside and
					 who appear to be at-risk for cold related injuries to appropriate facilities
					 for assessment consistent with the provisions of section
					 9.41 of the Mental Hygiene Law, and
					 to work in coordination with the State Police and all police agencies to ensure
					 that homeless individuals receive assistance as needed to protect the public
					 health and safety and at all times consistent with the State's Constitution and
					 existing statutes;
FURTHER, I direct all local social services districts to
					 comply with their obligation to ensure that all facilities used for temporary
					 housing assistance placements are safe, clean, well maintained and supervised
					 and fully compliant with existing state and local laws, regulations,
					 administrative directives, and guidelines; and
FURTHER, this order shall take effect on January 5, 2016
					 and supersede all local laws, as well as any local directives, guidance, or
					 policies to the contrary.
Signed: Andrew M. Cuomo
Dated: January 3, 2016