Immigration Committee Chair Introduces Legislation Setting Standards For Asylum Seeker Housing

Usanewsonline.com desk: Immigration Committee Chair, Council Member Shahana Hanif, introduced two new pieces of legislation to mandate strict humanitarian standards around the City run Humanitarian Emergency Relief and Response Centers (HERRCs). Unlike shelters operated by the Department of Homelessness Services (DHS), HERRCs are administered by Health & Hospitals (H&H) and the Office of Emergency Management (OEM), thus exempting them from shelter standards outlined under the “Right To Shelter” mandate. As pointed out by Council Member Hanif during the September 2022 Immigration Committee hearing, running these housing facilities outside of the shelter system raises serious humanitarian concerns. Asylum seekers themselves have protested against the conditions at the large-scale cruise terminal HERRC, leading to a multi-day standoff at the Watson Hotel in early February.

Working in conjunction with the Legal Aid Society, Council Member Hanif has introduced two bills to ensure the same humanitarian standards that exist in the DHS system apply to the HERRC model. Intro 942 would apply Right to Shelter requirements to current congregate HERRCs and future facilities. These include, but aren’t limited to:

• Families with children must be provided with private dwellings, not congregate sleeping settings.
• Beds must be at least 3 feet apart.
• Beds must be at least 30 inches in width.
• Toiletries must be provided (soap, deodorant, toothpaste, comb, lotion, shaving cream, shampoo, and menstrual products).
• Each resident must be issued a secure locker.
• There must be one clean, well-maintained, and working shower for every 15 residents.
• There must be one clean, well-maintained, and working toilet (and/or urinal) and sink for every 10 residents. Toilet tissue must be provided.
• Laundry service must be provided.

Additionally, Intro 943 would require congregate HERRC residents to be notified of their ability to access the DHS shelter system. If someone chooses to leave a congregate HERRC and enter the shelter system, the City must also provide immediate transportation to an appropriate DHS facility. The legislation would also prohibit housing someone in a congregate HERRC overnight if they have made it clear that they would like to enter the DHS system.

“Ensuring our City is welcoming to asylum seekers requires more than just rhetoric; it demands action. For almost a year, our City has worked tirelessly to meet the challenge of this moment, fighting every day to ensure our newest neighbors are met with care,” said Immigration Committee Chair, Council Member Shahana Hanif. “The bills I am introducing today will ensure every facility that houses asylum seekers has the highest humanitarian standards. In one of the richest cities on Earth, we can do better than warehousing people. When we pass Intros 942 and 943, we can ensure everyone who arrives in our City, no matter where they come from, is given a dignified place to sleep.”

“New York is a right-to-shelter city, and all homeless New Yorkers deserve the same protections regardless of if they reside in a Department of Homeless Services shelter or a Humanitarian Emergency Response and Relief Center,” said Kathryn Kliff, staff attorney with the Civil Law Reform Unit at The Legal Aid Society. “The Legal Aid Society lauds Council Member Shahana Hanif for introducing this legislation, and we implore the City Council to advance it immediately. With more and more migrants coming to New York seeking our help, we must ensure that HERCCs comply with the well-established court orders, as well as state and local law.”

To date, more than 44,000  asylum seekers have sought care in New York City. Additionally, over 28,000 are in the shelter system, with many more arriving daily. While the Adam’s administration has tried on two occasions to establish outdoor warehouse settings to house adult men, the Council has repeatedly pushed back on attempts to house people in mass congregate settings. If passed, the legislation introduced today would make facilities such as the now dismantled Randall’s Island tent city and the Cruise Terminal illegal under City law. Ensuring all new arrivals are housed in clean, private, and humane settings in New York City instead of large-scale warehouses.

“All New York families should have a safe place to rest their heads at night, while they work to get back on their feet and weather their financial hardships whether they stay in in a Department of Homeless Services shelter or a Humanitarian Emergency Response and Relief Center,” said Theodore A. Moore, VP of Policy and Programs, New York Immigration Coalition. “The NYIC thanks Council Member Shahana Hanif for introducing this vital legislation to ensure that every facility that houses asylum seekers meets the highest humanitarian and health standards. New York City has been a destination for immigrants, asylum seekers, refugees and others for generations. We must not lower our standards, especially now with a pandemic still prevalent. We urge the City Council to advance this legislation and ensure New York’s compliance with our right-to-shelter law.”

“I am proud to co-sponsor these two bills, which would apply the same Right to Shelter standards to our City’s emergency humanitarian response to asylum seekers,” said Council Member Alexa Avilés. “Instead of debating whether Right to Shelter rules should apply to asylum seekers, we must do everything in our power to help families exit the shelter system and move into permanent housing by breaking down barriers, reducing administrative hurdles and expanding voucher availability.”

“Our Right to Shelter standards have never been contingent on immigration status. Asylum seekers deserve a safe and dignified place to sleep, and I’m proud to co-sponsor this legislation and to keep fighting to ensure that anybody seeking shelter in New York City is met with compassion and care,” said Council Member Linclon Restler.

“NYC is a sanctuary city and has invested in its immigrant families for decades. When asylum-seeking families sought our assistance about a year ago, we promised to rise to the challenge. The original conditions of the emergency centers and the confusion in the months following should have been remedied instead of denying them the human right to shelter,” said Council Member Carmen De La Rosa. “I am proud to stand with a Council ready to regulate the living conditions of the emergency centers to ensure our new neighbors have adequate and dignified access to safe shelter.”

“The residents of New York City have embraced families and individuals seeking asylum in local communities, helping provide clothing, food, and shelter. Those seeking refuge and a new beginning here should be afforded the same rights and dignity as everyone else, which means a right to shelter and the associated requirements. I am proud to sponsor legislation with Council colleagues, in coalition with advocates, to ensure the City provides person-centered care and better living conditions,” said Council Member Carlina Rivera.

“Denying asylum seekers our city’s sacrosanct Right To Shelter is the opposite of what we should be doing: building on Right To Shelter to move toward a Home’s Guarantee,” said Council Member Tiffany Cabán. “I’m proud to co-sponsor this legislation and to remain steadfast in the fight to guarantee every single resident of our city comfortable housing on a permanent basis.”