New York Supreme Court

Temporary Housing Application [that] will also contain a release that the applicant
must sign authorizing DHS to disclose and collect medical and other personal
information….”)). “While there is an exception if the applicant is suffering from a
mental or physical impairment that affects his or her ability to cooperate, DHS is
not free to simply disregard the mandated outcome where that applicant is not
suffering from a mental or physical impairment.” (R. 21).
Similarly, the Procedure states that “[i]f an applicant has tenancy rights at
any housing option, that residence will be deemed the viable housing option and
the applicant will be found ineligible, provided there is no imminent threat to
health or safety.” (R. 152). Again, while the Procedure includes an exception for
cases involving an “imminent threat to health or safety,” DHS is not free to
disregard the mandated outcome where there is no imminent threat.
In addition, the provision which states that “[a]ny single adult applicant with
on-hand assets in excess of $2,000 must utilize his/her resources to reduce or
eliminate his/her need for emergency shelter,” (R. 154 (emphasis added)) and the
provision stating that applicants who request a State Fair Hearing to review
adverse decisions “will not be granted THA while the hearing is pending” (R. 158
(emphasis added)) do not allow for the exercise of any discretion. Thus, even if
the Procedure as a whole were not a rule (which it is), all of these elements of the
Procedure would be subject to CAPA’s rulemaking requirements because they
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