Cuomo's homeless order leaves little time to comply
ALBANY - Local governments and police agencies weren't left with much time to comply with Gov. Andrew Cuomo's new mandate on homelessness.
Cuomo's executive order, which was issued Sunday and requires that homeless people are taken to shelters when the temperature drops below freezing, goes into effect Tuesday, leaving little time for homeless shelters and local officials to put a plan in place.
"I think everybody's still trying to fully understand it," said James Smith, a spokesman for the city of Rochester.
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The order requires all local social-service and police agencies, as well as all state agencies, to "take all necessary steps" to identify homeless individuals who are unwilling or unable to find shelter in freezing weather and "move such individuals to the appropriate sheltered facilities."
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Local government officials gave the mandate a mixed review. Several praised the goal of cutting down on homelessness while raising concerns about who is going to pay for the added costs.
Peter Baynes, executive director of the state Conference of Mayors, said Cuomo's goal is "laudable" and "shared by every mayor in this state."
But he raised questions about the "practical limitations and financial costs" associated with the order, as well as its vague promise of additional state resources for local governments.
"While the order promises assistance to local social service districts, the nature of this aid needs to be clearly spelled out, including the degree to which it will offset the additional public safety costs for municipal compliance with this mandate," said Baynes, whose group represents the mayors of New York's cities and villages.
In the Rochester area, shelter operators and local officials said agencies here already do a good job with outreach and getting most homeless people off the street and into available beds.
The exception is the chronically homeless, a hard-to-serve portion of the population that often suffers from mental illness and/or addiction. Some of these individuals have been sanctioned from getting assistance from the county.
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It was not immediately clear how local governments are expected to enforce Cuomo's order when it comes to this population if they're usually unable or unwilling to stay in traditional shelters.
"During declared Code Blue weather events, Monroe County will continue to work with local providers to make available shelter to anyone in need," county spokesman Bill Napier said in a written statement Monday. "Monroe County is expecting further clarification and guidance from New York state regarding Governor Cuomo's executive order tomorrow."
Cuomo's order is based on the state's mental-hygiene law, which means homeless individuals who are found to be mentally competent can still refuse to go to a shelter.
Dutchess County Executive Marcus Molinaro said he participated in a series of conference calls with state officials over the executive order, saying local leaders had myriad questions about how their communities would be impacted.
Molinaro pointed out that Cuomo issued a state of emergency to enact the policy, which gives him broad authority to mandate actions on local governments. But they weren't brought in on the discussions until after Cuomo issued the order.
"This is the kind of policy that's made better by consulting with those of us who are ordered to implement the policy," Molinaro said. "And we think that in this county and others, we still have questions that need answering, and we've taken significant steps to address the issue of homelessness."
Speaking to reporters in New York City, Cuomo said his executive order is part of a broader state plan to combat homelessness, which he will lay out during his State of the State address on Jan. 13.
"When it becomes freezing, literally it's a public health and safety matter," Cuomo said Monday following a rally in support of his proposal to boost the minimum wage. "We have to get people off the streets. To get people in off the streets, we need an outreach effort that goes out and reaches out to them and then they need to be brought to a shelter system that they are willing to go to."
The potential impacts of the order aren't limited to local governments, but homeless shelters, as well. Local social service providers are directed to "take all necessary steps to extend shelter hours" as part of the mandate.
Cuomo and New York City Mayor Bill de Blasio, who have been at odds on a host of issues, have been battling over the growing homelessness problem in the city. Molinaro said the problem is so pronounced in the city, Cuomo could have directed the order solely there.
Dan Callan, a deacon at St. Charles Borromeo Roman Catholic Church in Greece, said the order won't have much immediate impact on the Rochester Emergency Action Committee for the Homeless, which operates a temporary shelter in a former church rectory on Prince Street. The shelter already operates 24 hours a day, seven days a week, said Callan, an operations volunteer at the facility.
He questioned where other shelters will get the resources to extend their hours and implement the governor's order.
"I didn't hear the governor offer any help from the state for these facilities to provide the personnel," Callan said. "Hello? It takes staff to keep these facilities 24/7."
Cuomo's order says the state will "assist local social services districts if they are lacking facilities, resources or expertise," but it doesn't lay out what that assistance may entail.
In a statement Sunday, Cuomo's counsel, Alphonso David, said the state "stands ready to provide resources to support those localities in need."
"This order is only a part of the state's response to the homeless crisis," David said. "Within the next few weeks, the state will announce our full plan, including addressing (the) deficient shelter systems."
Locally, providers have done a lot of work in the last few years to improve Rochester's shelter network, said John Paul Perez, director of housing services at Catholic Family Center of Rochester, which operates several shelters here.
But those operators were looking Monday for more information on Cuomo's order, he said.
"Our instinct is to get together, try to get some clarity," Perez said.
Michael Hennessy, executive director at Open Door Mission, said he always wants to be compassionate and not turn anyone away in the cold. But he's also concerned about the idea of trying to make anyone stay at his West Main Street shelter.
"If they're forcing the person to come in the shelter, that person has the tendency to be disruptive," Hennessy said.
Under the "Code Blue" program, Open Door Mission already adds 30 beds any time the temperature drops below 20 degrees, Hennessy said.
Despite criticism from some local government officials, others offered praise, including Yonkers Mayor Mike Spano, a Cuomo ally who praised the governor for "taking action to support a very vulnerable population during the cold winter months."
"Yonkers will be sure to support this executive order by working with local and state agencies to ensure the homeless are protected from the elements and are tended for with compassion and decency," Spano said in a statement.
DRILEY@Gannett.com