There is a paywalled article in today’s NY Times about the massive increase in migrants crossing the southern border and then heading to New York. It contains a surprising statement:
I’m wondering:
1.Why so many court cases over the past decades,
2. Why is NY different than every other city in America?
If there was, say, a city bylaw promising housing, why can’t the city change its own laws?
The article says that New York is facing a critical problem, with tens of thousands of asylum seekers and nowhere to house them.
Why is NY City required to accept them all?
The aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions, and in such manner and by such means, as the legislature may from time to time determine
New York is different from every other city because NYC negotiated a consent decree in Callahan v. Carey which avoided a decision on the constitutional question. This is why other entities in the state of NY do not have the same requirement - if the court had actually issued a final ruling that there was a constitutional right to shelter it would apply statewide.
The reason for so many court cases is in part because the first applied to homeless men, then there was a case involving women ,then families and then one involving people with AIDS. Apparently, the original case was filed on behalf of homeless men because the conditions at the time were much worse for men than women. There have also been many disputes over what the consent degree actually requires.
This situation may soon involve another court case - because for the 30 years I worked with populations that were frequently homeless there were all sort of situations where NYC ended up providing shelter that really weren’t the intention of the court case or consent decree. Everything from various upstate agencies sending their clients to NYC for shelter because NYC provided more services and had to provide shelter to everyone, even if they got off the plane at Kennedy an hour ago to people who had other options entering the shelter system because it was a faster way to get into public housing or Section 8 vouchers. That has resulted in additional court cases about details - and now that Adams has suspended some of the rules, there will no doubt be court cases about people who arrived at intake by 10 pm who didn’t get a bed that same night or protecting those who have been in a hotel for more than 30 days from being moved without a court eviction proceeding.