New York City is issuing 60-day notices to all families with children living in Humanitarian Emergency Response and Relief Centers (“HERRCS”). HERRCS are shelters for people seeking asylum who arrived in the United States after March 15, 2022. These 60-day notices tell families that their shelter placement will end after 60 days.
If you live in a HERRC shelter, you will receive a 60-day notice. If you live in a Department of Homeless Services (“DHS”) shelter, you do not currently have a time limit on your stay.
It means that you have a maximum of 60 days from the date of the notice to stay in your current shelter. After 60 days, you will have to come back to the Arrival Center at the Roosevelt Hotel if you need a new placement.
You may receive an extension if you fall into either of these groups:
Pregnant People & Infants
Pregnant people in their third trimester and infants under six (6) months should automatically get an exception to the 60-day rule. These groups can stay in their current HERRC until the infant is six months old.
If someone in your family has a disability, the whole family may receive an extension on their 60-day notice. If the disability is obvious (such as being in a wheelchair), you should not need to get proof of the disability. If the disability is not obvious, the person with a disability should get a letter from a medical provider (or other professional with expertise about the person’s disability) that explains why the disabled family member needs an extension or exception. If the accommodation is granted, the whole family will receive an extension on their 60-day notice together. Note: having a disability is not enough for an extension; the documentation must explain why an extension is necessary to accommodate a person’s disability.
The City expects you to try to find another place to live, talk to social services and non-profit organizations for help, and try any available work or educational opportunities that might help you move out of the shelter. You should meet with your case manager to discuss any other housing options you might have. If you know you will need an extension because one or more members of your family have a disability, you should speak to your case manager or staff on-site at the HERRCs as soon as possible about how to apply for a reasonable accommodation.
On the 60th day, you will need to pack all your belongings, leave your current shelter, and go to the Roosevelt Hotel (also known as the Arrival Center) located at 45 East 45th Street, New York, NY 10007. You cannot leave belongings behind at your current shelter. At the Roosevelt Hotel, there is a separate line for families returning after 60 days. Meals will be provided for you while you wait for placement.
School-aged children can remain in school while you reapply for shelter after 60 days. If the City places you in a new HERRC placement, you can go straight there without having to bring your school-aged children to the Roosevelt Hotel.
However, you may receive a placement in the traditional DHS system or in a hotel room through the Hotel Association of New York City (“HANYC”). If you get one of those placements, you must bring your children to the Roosevelt Hotel before you can go to the new shelter. The staff at the Arrival Center will tell you if you need to bring your children once they locate a placement for your family.
Yes. Families with children have a right to shelter in New York City, and the City must find your family another placement when you reapply. The new placement might be in a HERRC for 60 days, in a hotel for 28 days, or in a DHS shelter with no set time limit.
Unfortunately, no. At this point, the City does not permit families to return to their original placement. You will receive new placement in one of New York City’s shelter systems. Most families will receive placements in HERRCs but some may receive placements in the DHS system or through the HANYC program.
Currently, the City says families will be placed in shelters in the borough of their youngest child’s schools. While this is the current policy, the City has not promised to keep families in the same borough as their youngest child’s school after their second 60-day notice expires. For more information about your child’s educational rights, see: What You Need to Know About Your Rights As a New Immigrant Student.
Mail will be held for at least 30 days at the original shelter placement so you can come back and collect it. After that, the City will forward mail. The City is also trying to arrange for important legal documents to be held for people.
It can take many hours, but you should be provided placement the same day that you reapply.
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.
Last Updated: 6 February 2024
2024 The Legal Aid Society. All Rights Reserved