New York News

The History of NYC’s Legal Right to Shelter

Elaine Ryan

40-year-long run, the Callahan decree has guaranteed a bed to sleep in for homeless
In its
populations in NYC. But what do we do when there aren’t enough beds ?

Since 1981, the homeless population of New York City and the State has been legally
guaranteed access to shelter, secured by the Callahan v. Carey case The case, settled in .

1981 but started in 1979, was headlined by lawyer Robert Hayes and key witness Robert
Callahan. Hayes fought against New York City and the State with the argument that the
state’s constitution establishes a responsibility to provide shelter.

During the Great Depression, as the city was deemed the economic capital of the country,
it faced increasing numbers of unemployment and homelessness. In this era, New York

amended the state constitution in Article XVII to reinstate that “the aid, care, and support
of the needy are public concerns.” The Article also states that support “shall be provided by
the state and by such of its subdivisions.” Hayes used this article to prove that the right to
shelter is a constitutional right in New York State.

The suit was settled with a consent decree that stated that the city then had a
responsibility to provide shelter to all homeless men. These men had to either meet JOIN OUR MAILING LIST!
standards for welfare or be homeless for physical, mental, or social reasons. Tragically, Mr.
Callahan, the representative for all homeless men in the court case, was found dead
before the decree was enacted.
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When someone requests a bed by a certain time, they are given a bed to sleep in, per the
law. That has remained true to this day. Shelters are still required to provide beds to those
who ask for them, but with a recent rise in the number of migrants seeking shelter, it is
becoming more and more difficult for the city to provide for them.

New York City conditions can be brutal: the temperamental weather in the summers and Upcoming Events

winters, pollution-based smog, and the ever-increasing cost of housing, food, and
subway fares all pose obstacles. The city’s ailments can be even worse for those
struggling with mental or physical illness, veterans, and those who are already living below
the poverty line and meet the standard for federal welfare.

Since its enactment in the 1980s, the decree has faced many changes. In 2009: a motion
required the city to (a) provide shelter to both men and women and (b) end the repeated
use of overnight beds. This opened up the opportunity for more of New York’s homeless
population to seek asylum. Two years later, in 2011, Mayor Bloomberg introduced new
eligibility restrictions for those seeking shelter. The new limits were ruled a “nullity” by 6 Must-Eat Vendors at the Uptown
New York State Supreme Court Justice Gisene. Night Market

When the city imposes restrictions, like those in 2011, the Coalition for the Homeless,
started by Hayes with the lawsuit, fights back. This time around, the Coalition is once again
fighting for the rights of unhoused people.

Since 2022, the city has seen an influx of migrant asylum seekers, more than 100,000. The
issue is political; Republican Governors in states like Texas have sent buses to more left-
leaning and Democrat-lead cities, like NYC. Though cities like Washington D.C. are seeing
the same wave, they do not have the same legal right to shelter for asylum seekers. While
aiding almost a hundred thousand people, it poses a unique problem to the city: How can
NYC meet the needs of this new wave? Stony Creek Quarry and the Granite
that Built New York
The city is attempting to account for the novel increase in asylum seekers using various
methods. In an effort to cut costs back in May, Mayor Eric Adams requested that the
decree be modified to exempt the City from its obligation to provide shelter when it “lacks
the resources and capacity to establish and maintain sufficient shelter sites, staffing, and
security to provide safe and appropriate shelter.” The Mayor’s office recently instituted a 60-
d ay time limit for those staying in shelters and requested federal funding from the
Emergency Management Agency. The agency granted the city less than ten percent of
what it needed, giving it $30.5 million.

The city has also introduced new shelters, like one that opened last week on Randall’s
Island. In its first three days open, the shelter housed 350 new migrants There are also
. Things to Do in NYC This Week:
new shelters at Creedmoor Psychiatric Center in Queens, and one soon to come at Floyd October 4th – 11th
Bennett Field The addition of new shelters will allow for more
. asylum seekers to be
granted their legal right to shelter.

Mayor Adams is currently working with universities and colleges like New York University,
the City University of New York (CUNY), Hunter College, Columbia University, and more.
Students at these schools will help migrants fill out asylum applications to gain access to
shelter in the city. Those living in New York can sign up to volunteer You can also donate .

to or volunteer for the Coalition for the Homeless to help protect the right to shelter.

Tags :Coalition for the Homeless Eric Adams history Homelessness right to shelter Robert Callahan
Robert Hayes volunteer

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