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Relief Duty Shelter Legal

13.11 Housing authorities may make a decision under section 184 that, at the end of the obligation to release, the applicant owes the applicant a duty under section 190 because the applicant has a priority need but is intentionally homeless. Although section 190 tax can only begin after the tax relief ends, the agency may want to warn an applicant that the principal housing tax is not due. It may be beneficial to review the customized housing plan at this stage to maximize joint efforts to reduce homelessness. We will have a duty to find suitable alternative housing for those who are entitled to the primary housing obligation. A housing supply is likely to be in the private rental sector, could be outside Wandsworth and perhaps outside London. We are required by law to intervene earlier and provide homeless assistance to all eligible households affected (this is not limited to those who are “primarily in need”). The authority may serve notice of termination if 56 days have elapsed and it has complied with the obligation. If the local conditions for return are met, the requested authority may refer the applicant to a second authority at the level of the discharge obligation. [2] The authority must follow the correct procedure for a referral to the discharge phase. The release obligation will always coexist with the obligation to determine an applicant`s needs and create a personalized housing plan (PHP). The assessment and PHP should inform all measures taken in connection with the discharge. 13.10 Housing authorities are advised not to issue notices under section 184 accepting section 193 (principal residence) during the relief period. The obligation to pay under section 193 cannot begin until the discharge obligation has ended and the notice during the release period could interfere with activities aimed at reducing their homelessness.

In the 1990s, then-New York City Mayor Giuliani launched one of the most serious attacks on housing rights, announcing that the city would begin throwing homeless families and individuals out of the shelter and onto the streets if they did not participate in the work or meet other bureaucratic requirements. Under Giuliani`s plan, children from homeless displaced families would have been placed in foster care while their parents would have been left to sleep on the streets. Fortunately, a series of legal challenges by the Coalition for the Homeless and Legal Aid resulted in court orders blocking the Giuliani eviction plan. The code proposes that the authority make arrangements for “accessible and timely communication” so that the applicant can discuss progress. [20] The PHP also needs to be reviewed so that the appropriate measures taken under the exemption obligation can change. The obligation to provide temporary accommodation is not subject to the condition that the person has a local connection with the region in which he or she is applying. If the municipality makes a referral for local connection reasons, it must provide emergency accommodation until the person is informed of the decision as to whether the conditions for the transfer are met. The obligation of prevention can only be waived in certain circumstances and continues until the local authority announces it.

If an applicant is informed that a referral has taken place or will take place, neither authority shall be obliged to grant discharge until the referral has been accepted or rejected by the second authority. [3] There will never be an overlap between the duty to provide relief and the duty to prevent, as the latter applies when an applicant is eligible, at risk of homelessness and not substantially homeless. [8] The local authority cannot refer the person to another local authority during the prevention phase. The municipality to which the person applies must take measures within the framework of the obligation of prevention, whether or not it has a local link. The municipality may also terminate the obligation of payment by service of a decision. Any decision to terminate the service may be appealed. Even though the release requirement has been lifted, the code suggests that an authority should continue to work with support services to “promote sustainability” if an applicant has needs that put them at risk of additional homelessness. [22] The duty of prevention requires a public authority to take appropriate measures to assist the person in ensuring that his or her housing is no longer available. 13.9 Housing authorities may conduct and complete their investigations into an applicant`s obligations under subsection 193(2), the primary housing obligation, during the period in which they are attempting to reduce homelessness under section 189B. However, this activity must not interfere with the housing authority`s work to mitigate the applicant`s homelessness. For this reason, if the housing authority considers that it is unlikely that an applicant will be entitled to a principal residence tax under Article 193(2), it may not restrict or reduce the assistance it provides during the relief obligation.

13.3 If the housing authority has reason to believe that an applicant is homeless, qualifies and has priority needs, it shall provide temporary accommodation in accordance with article 188, paragraph 1, during the performance of the obligation of assistance. For more information on provisional obligations, see Chapter 15. The person may request a review of any decision to terminate the duty of prevention. On February 21, 2012, Justice Gische ruled on behalf of the plaintiffs and City Council that the City had failed to comply with the requirements of the City`s charter regarding the issuance of rules and declared the proposed housing suitability rules “null and void.” In late February 2012, the city announced its intention to appeal the court`s decision, and the coalition`s battle against Mayor Bloomberg`s denial rules continues. In January 2013, oral arguments were held at the First Department of the New York State Supreme Court after the city appealed the trial court`s order. For the past three decades, the Coalition for the Homeless, in close partnership with the Legal Aid Society and other organizations, has defended the legal right to housing for New York`s homeless against numerous threats from various city and state officials. (Read more about the history of the legal right to accommodation here.) PHP can specify the steps that the applicant must follow, as well as those for the local authority. [17] These are not part of the relief measures. However, if the applicant does not take these steps, it could be assumed that he has not cooperated, which could lead to the cancellation of the relief fee. [18] If there is a duty to provide relief, there is also a duty to protect the applicant`s property, even if there is no duty to accommodate. [7] If removal is refused, the first authority may be obliged to guarantee housing.

[5] In 2021/22, the relief obligation for 62,860 households ended with the acquisition of housing. Of which: • New York City Council v. Department of Homeless Services – Supreme Court of the State of New York, First Department, Letter to City Council on Proposed Rules for Housing Eligibility (2012) After 56 days, the discharge obligation ends if you have not been able to find and obtain housing. We will check whether you owe a principal residence obligation after the discharge obligation has ended. The main housing obligation is only due to those who remain homeless after the end of the relief obligation and who are primarily in need and have not intentionally become homeless. The Coalition for the Homeless and Legal Aid immediately filed a lawsuit to block the housing denial rules, and the city agreed not to implement the new rules until they were legally challenged. The coalition and Legal Aid argued that the proposed rules were contrary to the Callahan v. Carey and that the city had failed to comply with the provisions of the New York City Charter regarding the publication of new rules and guidelines. In late November, the New York City Council filed a similar lawsuit based on the same provisions of the city`s charter. At a hearing in December, New York State Supreme Court Justice Judith Gische said she would rule first on issues related to the city`s charter and address Callahan`s issues pending the outcome of the procedural proceedings.

• NYC Department of Homeless Services – Proposed Rules for Eligibility of Homeless Adult Shelters (2011) The duty of prevention may also end if the local authority notifies that the person has deliberately and unreasonably refused to cooperate.

By | 2022-11-28T15:12:16+08:00 November 28th, 2022|Uncategorised|0 Comments

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