Objective
To assess the extent of implementation, as of February 2025, of the eight recommendations included in our initial audit report (2018-S-52).
About the Program
The Office of Temporary and Disability Assistance (OTDA) administers programs for the State’s low-income residents and provides leadership, guidance, and support to local Social Services Districts (Local Districts) and the New York City Department of Homeless Services (DHS) in the operation of these programs. OTDA oversees the State’s network of emergency homeless shelters—ranging from large former hotels, apartment houses, and armories, to smaller multi-family houses, specifically designed housing units, and hotels and motels—and is responsible for administering a system of supervision, inspection, and enforcement to ensure shelters’ compliance with applicable rules and regulations.
In general, shelter facilities must be maintained in a good state of repair and sanitation in conformance with applicable State and local laws, regulations, and ordinances to ensure a safe, comfortable environment for residents. In 2020, OTDA updated regulations to require all new family and adult shelters, regardless of size, to be certified prior to opening if they are in receipt of public funding.
For 2023, Local Districts submitted $2.2 billion in gross claims to OTDA for homeless housing reimbursement, an increase of 38%—or $600 million—from the 2017 gross claims totaling $1.6 billion.
OTDA stated that, as of October 21, 2024, there were 588 certified shelters. OTDA officials stated that there were also 552 hotels and motels used for housing people experiencing homelessness across the State. Counties throughout the State utilize hotels and motels to house a significant portion of their homeless populations. In fact, for many rural counties, hotels and motels are the only option, as there are no formal shelters. Of the 57 counties outside of New York City, 25 do not have a designated shelter facility.
OTDA is required to inspect all shelters at least annually, and OTDA performed 573 such inspections in 2022 and 566 in 2023. Inspection components include checking for health and safety issues; general facility management and financial conditions; the condition of the grounds, buildings, and other property; qualifications of the operators and employees; compliance with regulations regarding residents’ rights; and programs designed to promote self-sufficiency and enable residents to transition to permanent housing.
Shelters must correct any inspection violations within 30 days or submit an acceptable corrective action plan (CAP) if unable to resolve violations within that time frame. OTDA monitors CAP progress and, when appropriate, conducts follow-up inspections to verify that issues have been remediated. Additionally, Local Districts that make hotel/motel referrals must inspect the hotels/motels in which families are placed at least every 6 months and provide a copy of those inspection reports to OTDA within 30 days of completing an inspection.
The objective of our initial audit, issued on March 10, 2020, was to determine if OTDA had adequately overseen homeless shelters to ensure they were operating in compliance with applicable laws, rules, and regulations. The audit found OTDA was not providing adequate oversight of homeless shelters to ensure that conditions were safe. We observed conditions that posed significant health and safety risks to the State’s homeless population. Specific observations included:
- 96 of 159 (60%) homeless shelters visited were generally in unsatisfactory condition.
- Serious violations noted during visits included structural damage, mold, vermin, bug infestations, excessive garbage in rooms, and missing or malfunctioning smoke detectors.
- Discrepancies between OTDA’s shelter inventory and Local Districts’ lists of facilities.
We also determined OTDA oversight could be improved through better risk assessment, more effective information tracking or monitoring of corrective actions, and enforcement of existing consequences for violations. We also encountered transparency and cooperation issues that led to delays in receiving information, scheduling and performing shelter site visits, and scheduling meetings.
Key Finding
OTDA made some progress in addressing the issues we identified in the initial audit report. Of the report’s eight audit recommendations, five were implemented, one was partially implemented, and two were not implemented.
Key Recommendation
OTDA officials are requested, but not required, to provide information about any actions planned to address the unresolved issues discussed in this follow-up within 30 days of the report’s issuance.
Nadine Morrell
State Government Accountability Contact Information:
Audit Director: Nadine Morrell
Phone: (518) 474-3271; Email: [email protected]
Address: Office of the State Comptroller; Division of State Government Accountability; 110 State Street, 11th Floor; Albany, NY 12236