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"Crisis to Comfort: A New Yorker’s Guide to Emergency Housing and Privacy Rights" Specifically pertaining to PRI and non disclosure to Dss when seeking emergency housing after hospital discharge’s.

Updated: Aug 20

Also see below a sample letter.


In New York, if you’ve just been discharged from a hospital and need emergency housing, you are generally protected under various laws and rights, including:


1. Right to Shelter: If you are homeless or at risk of becoming homeless, New York City's right to shelter law entitles you to emergency housing. You can access shelters through the Department of Homeless Services, aka Dss.


2. Privacy Rights: While the Department of Social Services (DSS) may request personal information, you have rights related to your privacy under the Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws. You may express your concerns about sharing certain personal health information.


3. Mental Hygiene Law: If your hospitalization was related to a mental health issue, New York's Mental Hygiene Law provides certain rights regarding treatment and support services, including housing after discharge.


To navigate this process, it's advisable to:


- Contact DHS or DSS: Reach out to them to explain your situation and request emergency housing.

- Consult a Legal Aid Organization: They can provide guidance on your rights, including any exceptions or waivers regarding the sharing of your Personal Right to Information (PRI).

- Document Your Situation: Have any relevant documentation from the hospital and other support services that may help in your case.


Here is a letter tailored to reflect the relevant laws and practices in New York regarding emergency housing assistance and the protection of your Personally Recognizable Information (PRI).


Sample Letter


[Your Name]

[Your Address]

[City, State, Zip Code]

[Email Address]

[Phone Number]

[Date]


[Recipient's Name]

Department of Social Services

[Office Address]

[City, State, Zip Code]


Subject: Request for Emergency Housing Assistance , with refusal to disclose my personal information. PRI.


Dear [Recipient's Name],


I hope this letter finds you well. I am writing to formally request emergency housing assistance from the New York State Department of Social Services (DSS) due to my urgent need for stable housing following my recent discharge from the hospital.


As a [briefly describe your situation, e.g., "recently discharged patient recovering from a medical condition"], I am in a precarious position that necessitates immediate housing support. Under New York Social Services Law § 131 and § 340, individuals in need of emergency assistance have the right to apply for and receive help from DSS.


I also want to assert my rights regarding the non-disclosure of my Personally Recognizable Information (PRI). According to New York State law, specifically the New York State Confidentiality Law (N.Y. Social Services Law § 136), I am not required to disclose my PRI to receive necessary housing assistance. This is critical for my privacy and well-being, especially as I navigate my recovery.


The importance of protecting personal information in social service contexts is further underscored by the case of Doe v. Bolton, 410 U.S. 179 (1973), which emphasizes the necessity of informed consent regarding the sharing of sensitive information.


I respectfully request that my application for emergency housing be processed without the requirement to disclose my PRI, and I appreciate your prompt attention to this urgent matter. Please confirm receipt of this request and provide me with any further instructions regarding the provision of emergency housing assistance.


Thank you for your consideration. I look forward to your prompt response.


Sincerely,


[Your Name]




Important Considerations for New York State:

1. State Regulations: Ensure you are familiar with the specific New York regulations regarding emergency housing assistance, particularly the provisions in Social Services Law that pertain to eligibility and confidentiality.


2. Legal Representation: If you haven’t already, it may be beneficial to consult with an attorney or a local legal aid organization that specializes in housing or social service law in New York to ensure your letter is effective and comprehensive.


3. Follow-Up: Retain a copy of this letter for your records and consider following up with the DSS office if you do not receive a timely response.


- New York City Department of Homeless Services ↗ (https://www.nyc.gov/site/dhs/index.page

- New York Legal Aid Society ↗ (https://www.legalaidnyc.org/

- New York State Office of Mental Health ↗ (https://omh.ny.gov/



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