A new issue code for New York City Fair Hearing requests has been designated for use when the issue involves an action taken pursuant to 18 NYCRR 352.35 which provides standards of eligibility for homeless persons seeking temporary housing assistance. The court has issued a temporary restraining order prohibiting implementation of Section 352.35 in New York City (McCain v. Giuliani).
NYC notices that reference Section 352.35 or mention temporary housing for the homeless should be coded as follows:
Agency: N0__ or NIM or NDHS
Category: EA or ADC or HR
Issue: 949 (Temporary Housing for the Homeless pursuant to
Section 352.35)
Action: DEN, DISC
New York City Administrative Law Judges (ALJs) should be aware of the issue and note that any such cases may not have been pre-identified with the issue code 949 in which case 949 should be added to the Fair Hearings Data Sheet (FH019) to allow appropriate tracking.
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