U.S. Department of Homeland Security
Region II
Jacob K. Javits Federal Office Building
26 Federal Plaza, Room 1807
New York, New York 10278

March 30, 2020
Deputy Commissioner Anne Bink
Alternate Governor’s Authorized Representative
New York State Division of Homeland Security and Emergency Services
1220 Washington Avenue
Building 7A, Floor 4
Albany, New York 12242
Deanne Criswell
Commissioner
New York City Emergency Management
165 Cadman Plaza East
Brooklyn, New York 11201
RE:

FEMA-4480-DR-NY
New York City Emergency Management
PA ID 061-51000-24
Non-Congregate Sheltering Request

Dear Deputy Commissioner Bink and Commissioner Criswell:
This letter is in response to New York City Emergency Management’s (NYCEM) March 25,
2020 request for Federal Emergency Management Agency (FEMA) approval to use noncongregate sheltering in response to the Coronavirus Disease 2019 (COVID-19) pandemic under
major disaster declaration FEMA-4480-DR-NY. NYCEM requests retroactive approval
effective March 10, 2020. The New York State Division of Homeland Security and Emergency
Services supports NYCEM’s request.
Funding for eligible emergency protective measures taken to respond to the COVID-19 disaster
at the direction or guidance of state or local public health officials may be provided under the
Public Assistance Program pursuant to Section 403 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act if necessary to save lives, protect improved property or public health
and safety, and/or lessen or avert the threat of catastrophes.
Based on a review of NYCEM’s request and supporting documentation and information
provided, FEMA conditionally approves the request for the use of emergency, non-congregate
sheltering based on the March 25, 2020 Order of the Commissioner of Health and Mental
Hygiene of the City of New York Human Services For the Provision of Non-Congregate
Sheltering (Order). According to the Order, the non-congregate sheltering will be implemented

 Non-Congregate Sheltering Request
New York City Emergency Management
FEMA-4480-DR-NY
Page 2
by various New York City departments, including the Administration of Children Services
(ACS), the Department of Corrections (DOC), the Department of Social Service (DSS), the
Department of Youth and Community Development (DYCD).
In that Order, the Commissioner directed the departments listed above “and any other agency
that may be responsible for providing shelter to any person in the City to locate, secure, operate,
and make available non-congregate sheltering to any person needing to be isolated or
quarantined in order to prevent the spread of COVID-19.”
While the Order did not specify the populations to be sheltered, NYCEM’s requests lists
potential populations for which non-congregate sheltering will be available, including:
1. COVID-19 symptomatic individuals, which could include any of the following:
o healthcare workers;
o individuals discharged from hospitals who do not have an appropriate home
setting to convalesce and/or be isolated; and/or
o individuals in City programs such as ACS, DSS, DYCD, Department of Health
and Mental Hygiene, and the State programs sponsored by the Office of Mental
Health, Office of Addiction Services and Supports, and Office for People with
Developmental Disabilities, who are symptomatic, do not require clinical care,
and do not have access to an isolated setting.
2. Asymptomatic individuals, which could include any of the following:
o healthcare workers;
o individuals discharged from hospitals who do not have an appropriate home
setting to convalesce and/or be isolated; and/or
o individuals in City programs such as DSS and DOC, whose programs who do not
have access to an isolated setting.
FEMA’s approval of this request is subject to and conditioned by the following:
x

x
x

FEMA approves non-congregate sheltering for:
o COVID-19 symptomatic individuals who do not require hospitalization who do
not have access to an isolated setting and
o Asymptomatic individuals who do not have access to an isolated setting.
This approval is limited to emergency non-congregate sheltering costs that are reasonable
and necessary to address the public health needs resulting from FEMA-4480-DR-NY.
This approval is limited to costs associated with sheltering individuals from March 10,
2020, through April 30, 2020, unless the public health needs should sooner terminate.
NYCEM must obtain FEMA’s approval for any time extensions, which should include a
detailed justification for the continuing need for emergency non-congregate sheltering.

 Non-Congregate Sheltering Request
New York City Emergency Management
FEMA-4480-DR-NY
Page 3
Additionally,
x

x
x

NYC departments implementing a non-congregate sheltering program must follow
FEMA’s Procurement Under Grants Conducted Under Exigent or Emergency
Circumstances guidance and include a termination for convenience clause in its contracts
for sheltering and related services, such as food, security services, and care for those with
disabilities or access and functional needs.
FEMA will not approve Public Assistance funding that duplicates funding by another
federal agency, including the U.S. Department of Health and Human Services or Centers
for Disease Control and Prevention.
NYC departments must comply with, and enable FEMA to comply with, applicable
environmental and historic preservation laws, regulations, and executive orders or
funding may be jeopardized.

NYCEM or the NYC departments implementing a non-congregate sheltering program must
maintain tracking mechanisms to provide sufficient data and documentation to establish the
eligibility of costs for which it is requesting Public Assistance funding (including the need for
non-congregate sheltering of each individual, length of stay, and costs). As with any activity,
lack of sufficient support documentation may result in FEMA determining that some or all of the
costs are ineligible. FEMA understands NYCEM’s concern related to personally identifiable
information (PII) expressed in its request. FEMA will not require any PII to establish eligibility.
Lastly, in response to NYCEM’s question regarding tracking shelterees who register for
assistance from FEMA’s Individual Assistance (IA) Program, this tracking is not required,
because the only IA Program that has been approved is the Crisis Counseling Program.
Lastly, requests for funding for non-congregate sheltering must include an estimate of the number of
individuals that will require sheltering and explanation of how that number was derived. Further,
NYCEM’s request states that it will use hotels and motels for non-congregate sheltering, and
possibly dormitories, armories, and rental units, as appropriate. Requests for funding must also
include an analysis and justification for the option ultimately chosen. FEMA does not mandate that
NYCEM pursue a specific option or options, but FEMA will only approve PA funding for costeffective and practical options.

Should you have any questions or require further assistance, please contact Recovery Division
Director Claude Hyacinthe at Claude.Hyacinthe@fema.dhs.gov.
Sincerely,
Digitally signed by TAMMY L

TAMMY L LITTRELL LITTRELL

Date: 2020.03.30 09:27:37 -04'00'

for

Thomas Von Essen
Regional Administrator
FEMA Region II