New York State shelter regulations allow DHS to deny shelter to a shelter resident for 30 or more days if that resident fails to comply with shelter system rules. The City calls this a “sanction.”

As of now, DHS will only issue sanctions at a select number of single adult and adult family sites.

You can be sanctioned if you violate shelter rules or do not comply with your Independent Living Plan (ILP). An ILP is the written document about the steps you will take to help you move out of shelter. Every shelter resident has an ILP. Your case worker should meet with you every two weeks to discuss your ILP. You can be sanctioned if: 

You Do Not Apply for and/or Keep Open an Active Public Assistance Case
You must apply for public assistance if you are in DHS shelter. If you are eligible, you are required to keep your case active. If you need help applying, your case worker must assist you. You will not be sanctioned if you are ineligible for public assistance, but you may still need to submit an application. 

You Fail to Look for and/or Accept Suitable Housing
You are required to look for housing while in shelter and to accept any suitable housing option. You should regularly fill out “housing logs” to show the steps you have taken to look for housing. You can refuse housing offered to you if it does not accommodate your disabilities or medical needs or if moving in would create a danger to you or a family member. If you refuse a housing option, document your reasoning in writing. Explain to shelter staff why a housing option is unsafe or how the housing option does not accommodate your disabilities.   

You Engage in Gross Misconduct
DHS can sanction you for “gross misconduct” if you: a) act in a way that endangers the health or safety of yourself or others; or b) you repeatedly violate shelter rules. Gross misconduct includes violence against others, possession or sale of drugs or weapons, stealing or destroying property, reckless behavior that causes a danger to others, sexual assault, or smoking inside a shelter.  

DHS may not sanction you if your failure to follow shelter rules is due to your disability or medical condition. Contact shelter staff immediately if you believe you cannot follow shelter rules due to your disability or symptoms of your disability.

For most sanction cases, you have the right to a series of notices and even conferences or hearings prior to losing your right to reside in shelter. However, in certain cases of “serious health or safety violations” in adult-only shelters, DHS can suspend a shelter resident’s services for up to 7 days without following the sanction process described below. The list of potential serious violations that are considered “serious” range from assault to smoking inside shelter.  

If the shelter staff believe you engaged in sanctionable conduct, they must offer you a case conference before giving you written notices. If you request a case conference, the conference must be scheduled within 48 hours. At the conference, you have a right to explain your behavior and why you don’t believe you should be sanctioned.

You are entitled to a “Notice of First Independent Living Plan Violation” the first time you violate the rules or do not comply with your ILP. After receiving this notice, you have a right to ask for an Agency Conference with DHS staff and/or a Fair Hearing to contest the violation.

*If you engage in gross misconduct that puts yourself or others in the shelter in danger, you are NOT entitled to a case conference or Notice of First ILP Violation, and DHS can sanction you immediately.*

If you already received a Notice of First ILP Violation and continue to engage in conduct that violates shelter rules or don’t comply with your ILP, DHS may issue you an NOD. A NOD may lead to a sanction.

You have a right to a Fair Hearing to contest the NOD. You should request a Fair Hearing within 10 days of receiving the notice and ask for “aid to continue.” “Aid to continue” means you can remain in shelter until a decision is issued in the Fair Hearing. You have a right to “aid to continue” if you request it within 10 days of receiving the NOD.

Call The Legal Aid Society’s Homeless Rights Project or Coalition for the Homeless for further guidance:

• You can call The Legal Aid Society’s Homeless Rights Project helpline at 800-649-9125 Monday – Friday 10 a.m. – 3 p.m.
• You can reach Coalition for the Homeless by calling 888-358-2384 on business days from 9 a.m. – 5 p.m.

If a Fair Hearing is held and DHS wins, or if you never request a Fair Hearing, DHS can then issue the NOE and remove you from shelter. The NOE will state you must leave shelter by a certain date. You will have to leave for 30 days. Shelter staff may not give you a NOE on Fridays, weekends or City holidays. If DHS gives you a NOE before 6:00 PM, you must leave shelter that same day. If you are given an NOE after 6:00 PM, you must leave the following day.  

DHS must provide notices to you in your preferred language, and you are entitled to oral interpretation in your preferred language during any meetings with shelter staff. 

No, and you have a right to request a Fair Hearing to contest the notice. However, if the violation is upheld and you violate the rules a second time, DHS may issue you an NOD and you may be sanctioned.

You can ask for a Fair Hearing by mail, phone, fax, walk-in, or online. Information about how to do so should be in notices given to you by DHS. For more information or to request a Fair Hearing click here.

To prepare for the Fair Hearing, you should ask for a copy of the evidence packet by emailing: dhsfhevidencepacket@dss.nyc.gov  

You can also request a copy of your case file by emailing: RECORDSACCESS@dhs.nyc.gov 

Shelter residents who receive sanctions may continue to visit drop-in centers throughout NYC. At a drop-in center you can access services such as meals, showers, laundry, and counseling. Centers are open 24 hours a day, seven days a week, including holidays. You can visit a center regardless of immigration status. 

Find your nearest drop-in center click here.

You may also be able to return to shelter in cases of extreme weather, such as extreme heat, cold, or if the air quality outside becomes dangerous. When the extreme weather alert ends, DHS will ask you to leave shelter again for the remaining time of your sanction. The days you are in shelter due to extreme weather do not change the end date of your sanction; you won’t extend your sanction period by coming into shelter during extreme weather. 

If you are incarcerated because of the incident that leads to your sanction, the time you are in jail will count as days you are not in shelter for your sanction. 

Yes. However, you will be asked to sign forms agreeing to comply with shelter rules and regulations. Failure to do so may result in an extension of the sanction period.

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.