N.Y. Comp. Codes R. & Regs. tit. 18 § 900.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 900.9 - Resident obligations/rights

(a) The facility must promulgate reasonable resident rules governing day-to-day life and activities in the facility and post these rules in a location accessible to residents and visitors.

(b) Upon admission, families must be provided with a copy of the facility rules setting forth their rights and responsibilities while residing in the facility.

(c) At a minimum, the facility must afford each resident the following rights and protections which will be set forth in the resident rules:

(1) the right to remain in the facility and not to be involuntarily transferred or discharged except as provided in this Part;

(2) the right to receive visitors in designated areas of the facility during reasonable hours as specified in the resident rules;

(3) the right to exercise one's civil rights;

(4) the right to religious liberty;

(5) the right to have private written and verbal communications including the right to meet with legal representatives and legal counsel. The resident rules must not restrict access by legal representatives and legal counsel to any areas of the facility. Any requirements as to prior notice, hours of access, or access to private family areas shall be set forth in the resident rules;

(6) the right to present grievances on one's own behalf, or on behalf of other residents, to the operator or operator's designee and/or to the local social services district without fear of reprisal;

(7) the right to manage one's own financial affairs;

(8) the right to confidential treatment of personal, social, financial and medical records;

(9) the right to receive courteous, fair and respectful care and treatment;

(10) the right to be free from restraint or confinement;

(11) the right to receive and send mail or any other correspondence without interception or interference; and

(12) the right to leave and return to the facility and grounds at reasonable hours in accordance with the rules of the facility.

(d) The resident rules must inform families of the obligations upon which their continued residence in the shelter depends. Such rules must clearly set forth families' obligations concerning compliance with the resident rules and the sanctions for noncompliance. At a minimum, rules concerning the following family obligations must be set forth in the resident rules:

(1) applying for Emergency Assistance to Needy Families with Children, Family Assistance, Safety Net Assistance, Veteran Assistance, Emergency Assistance to Aged, Blind or Disabled Persons or Supplemental Security Income, whichever is applicable, if the family is not currently in receipt of benefits under such programs and an application for such benefits is not pending;

(2) developing, carrying out and completing a service or independent living plan with facility or district staff to achieve permanent housing and reviewing such plan with facility staff at least biweekly;

(3) seeking and accepting permanent housing;

(4) seeking and accepting employment;

(5) ensuring school attendance of school-age children in their family;

(6) supervising minor family members;

(7) utilizing child care provided through the facility when such care is necessary to enable the parent or caretaker relative to seek employment and/or permanent housing or to attend school or training;

(8) maintaining the cleanliness of their own sleeping and living areas, including bathroom and cooking areas, if any, as well as laundering and changing linens and towels regularly if required by facility staff;

(9) using communal areas appropriately;

(10) notifying facility staff of any illnesses of each member of the family;

(11) for residents in congregate shelters for homeless pregnant women, participating in a prenatal care services program;

(12) cooperating with the district and facility staff in an assessment of the family's housing and housing-related public assistance and care needs;

(13) refraining from engaging in acts which endanger the health and safety of oneself or others, or which substantially interfere with the orderly operation of the facility;

(14) complying with all public assistance requirements that apply to the family; and

(15) paying to the facility the family's share of the cost of temporary housing in the amount determined by the district.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 900.9