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New York Politics
NYC MAYOR ERIC ADAMS PUSHES COURTS TO NARROW RIGHT-TO-SHELTER LAW AMID SURGE IN
MIGRANTS
By Michael Gartland
New York Daily News
•
May 23, 2023 at 7:47 pm
TOP POLITICS VIDEOS
Mayor Adams’ legal team pushed the state Supreme Court on Tuesday to suspend New
York City’s right-to-shelter law at times when the city “lacks the resources and
capacity to maintain sufficient shelter sites, staffing and security” — a
drastic move that comes in response to the city’s migrant crisis and which drew
immediate criticism from the city’s liberal establishment.
The legal push, which was signed by Adams’ Assistant Corporation Counsel
Jonathan Pines and addressed to Judge Deborah Kaplan, requests permission from
the court to get “relief from and modification of” the 1981 consent decree that
enshrined the right to shelter into law.
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Pines and the mayor himself cited the migrant crisis — which has resulted in
more than 65,000 asylum seekers flooding into the city since last spring — as
central to the administration’s rationale for seeking to narrow the law.
“We are in no way seeking to end the right to shelter. Today’s action will allow
us to get clarity from the court and preserve the right to shelter for the tens
of thousands in our care — both previously unhoused individuals and asylum
seekers,” Adams said in the written statement put out Tuesday evening. “Given
that we’re unable to provide care for an unlimited number of people and are
already overextended, it is in the best interest of everyone, including those
seeking to come to the United States, to be upfront that New York City cannot
single-handedly provide care to everyone crossing our border.
“Being dishonest about this will only result in our system collapsing, and we
need our government partners to know the truth and do their share,” he added.
Adams’ announcement came just hours after the Daily News first revealed that his
former chief of staff, Frank Carone, “welcomed” a legal challenge to the city’s
handling of the right-to-shelter law in connection with the migrant crisis.
New York City Mayor Eric Adams chat with Frank Carone (R) outside City Hall.
(Luiz C. Ribeiro/for New York Daily News)
Like Adams, Carone told The News that revisiting the issue in court could
establish “clarity” when it comes to the city’s obligation, and he suggested
that such clarity would likely limit the scope of the law, which is viewed as
sacrosanct by many progressives.
From Carone’s perspective, the intent of the consent decree would have to be
significantly expanded if it were to remain in place in its current form, and he
said advocates for that would have a difficult time making that case to a judge.
“Their argument would have to be absurd,” Carone said. “You would have to
include anyone in the world coming into New York City seeking shelter. How could
you say that with a straight face?”
Two migrant women followed by a child are pictured entering the Roosevelt Hotel
early Monday. (Luiz C. Ribeiro/for New York Daily News)
The right-to-shelter law came into being not through legislation, but through
what’s known as the Callahan consent decree, which stemmed from litigation
during Mayor Ed Koch’s administration. Over the past year, the law and its
application have been front and center as the city has struggled to manage the
migrant situation, which Adams has repeatedly framed as a humanitarian crisis.
Debate over its recent application has also proven contentious.
The Legal Aid Society and the Coalition for the Homeless, which are responsible
for monitoring the city’s adherence to the law, threatened to sue the city if it
broke the law when the Adams administration was poised to house migrants in
tents at a Bronx parking lot. That came days after the city appeared to run
afoul of right-to-shelter rules when it didn’t provide housing for people
seeking shelter within the prescribed time frame.
Since then, Adams has suspended certain right-to-shelter provisions through an
executive order, citing the migrant crisis as the reason.
But Tuesday’s move is more significant and, if advanced by the court, could
alter the right-to-shelter law permanently by granting the city an exception
based on a lack of resources, including “sites, staffing and security to provide
safe and appropriate shelter.”
Exactly how the city would quantify that lack of resources was not immediately
clear Tuesday evening, but Adams pointed to the migrant crisis as a primary
illustration of such a lack being readily apparent.
“We now have more asylum seekers in our care than New Yorkers experiencing
homelessness when we came into office,” Adams said. “When the original Callahan
consent decree came down almost 40 years ago, no one could have contemplated,
foresaw, or even remotely imagined a mass influx of individuals entering our
system.”
Past mayors have attempted to narrow the law’s scope. Former Mayors Rudy
Giuliani and Michael Bloomberg both failed.
In a joint statement Thursday evening, Legal Aid and the Coalition said they
hope Adams’ latest legal push suffers the same fate.
“The administration’s request to suspend the long-established state
constitutional right that protects our clients from the elements is not who we
are as a city,” they said. “We will vigorously oppose any motion from this
administration that seeks to undo these fundamental protections that have long
defined our city.”
Last September, Adams signaled that his administration might be contemplating a
change to the law when he said the city’s “prior practices” when it comes to
housing the homeless “must be reassessed” — a remark some interpreted as an
allusion to the right to shelter law. At the time, the administration clarified
that it wasn’t reassessing the law itself, but “the city’s practices around the
right to shelter.”
[ Mayor Adams’ budget boss says NYC on track to blow past $4.3B migrant crisis
cost estimate: ‘God bless us’ ]
Since then, Adams has largely avoided discussing his thinking on the matter —
until Tuesday.
Many homeless advocates are deeply concerned about changing the law, but others
believe it’s overdue.
Robert Mascali, a former deputy commissioner at the city’s Department of
Homeless Services, said it should remain on the books, but in a revised form.
“Let’s make it fit with what we have to deal with today,” he said. “When this
was set up, it was about 40, 50 people a day coming into shelter. Now, it’s 400
people a day. This isn’t going to end tomorrow.”
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