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

April 3, 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 Office of Management and Budget’s (NYCOMB)
April 1 and 3, 2020 e-mails clarifying New York City Emergency Management’s (NYCEM)
March 25, 2020 request for Federal Emergency Management Agency (FEMA) approval to use
non-congregate sheltering in response to the Coronavirus Disease 2019 (COVID-19) pandemic.
The New York State Division of Homeland Security and Emergency Services (DHSES)
forwarded both e-mails on April 3, 2020.
NYCEM’s requested approval for non-congregate sheltering for the following potential
populations:
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

 Non-Congregate Sheltering Request
New York City Emergency Management
FEMA-4480-DR-NY
Page 2
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.
On March 30, 2020, FEMA conditionally approved NYCEM’s request 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.
Subsequent to that approval, DHSES and FEMA discussed the definition of “asymptomatic.”
Based on those discussions, it became clear that FEMA did not correctly interpret NYCEM’s use
of the term asymptomatic. Accordingly, NYCOMB provided clarification in its April 1 and 3,
2020 e-mails stating that “the City’s intent was to include asymptomatic individuals who were
exposed to COVID19 but not necessarily diagnosed or receiving a positive test. The request was
not a blanket approval for any individual rather only for those who have been exposed and pose a
potential public health risk.”
Based on this clarification, FEMA amends its March 30, 2020 approval as follows:
FEMA conditionally approved NYCEM’s request 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 exposed to COVID19, but not necessarily diagnosed or
receiving a positive test, who do not have access to an isolated setting.
All other conditions remain as previously described and are repeated here for convenience:
•
•

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.

Additionally,

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

•
•

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

J VON
THOMAS J THOMAS
ESSEN
VON ESSEN Date: 2020.04.03
12:34:08 -04'00'

Thomas Von Essen
Regional Administrator
FEMA Region II