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Mayor Adams orders exceptions to decades-old right-to-shelter law as NYC preps for more migrants
By
Elizabeth Kim
Published May 10, 2023
Modified May 10, 2023
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Mark J Sullivan/Shutterstock
By
Elizabeth Kim
Published May 10, 2023
Modified May 10, 2023
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Mayor Eric Adams issued an executive order Wednesday evening allowing city officials to bypass certain portions of New York City’s decades old right-to-shelter law, which obligates the city to provide a bed to anyone who asks for one.
The executive order, first reported by Gothamist, suspends certain minimum shelter requirements, including a rule which requires those seeking shelter to receive a bed within a certain time frame. It would also allow the city to avoid fulfilling a requirement that families have units with access to a bathroom, refrigerator and kitchen.
The suspension of portions of the landmark decree that paved the way for New York City’s modern shelter system takes effect immediately. It remains in effect for five days, unless the city renews it.
Adams’ executive order comes on the eve of the expiration of Title 42, a pandemic-era border policy that limited new arrivals from coming into the country. Since last spring, more than 61,000 migrants and asylum seekers have come to New York City, with around 37,500 residing in city shelters and emergency housing.
The mayor has pleaded for federal government assistance to help with the crisis, which city officials say will cost billions over the next several years. But his calls have intensified as buses with migrants sent by officials in border states have resumed and are expected to increase in the coming days and weeks with the end of Title 42.
News of the executive order became public after Joshua Goldfein, an attorney for the Legal Aid Society, told Gothamist that he received a phone call Wednesday afternoon from an attorney in the Department of Homeless Services informing him of the executive order.
Goldfein said the order would allow the city an exception to the rule that families not be housed in congregate settings, although he said the city official told him that it was not their intention to do so.
Assemblymember Linda Rosenthal (D-Manhattan), who chairs the chamber's housing committee, told Gothamist she was "particularly concerned" about where families with children would be housed.
“It is a crisis, but that doesn’t mean we can turn our backs on refugees and asylum seekers,” Rosenthal said.
The city is also seeking to exclude shelter residents from certain legal proceedings afforded to New Yorkers who reside in a dwelling for more than 30 days.
The right-to-shelter law typically refers to a 1981 consent decree. It was considered a landmark agreement that served as a foundation for several other homelessness policies, including a separate 2008 ruling requiring that New York City legally provide shelter to all families with children.
Fabien Levy, the mayor’s press secretary, said the city had reached its shelter limit and had “temporarily suspended the policy surrounding timing for placements in shelters.”
“This is not a decision taken lightly and we will make every effort to get asylum seekers into shelter as quickly as possible as we have done since day one,” he said in a statement.
Levy did not refer to the other exceptions.
The number of migrants arriving daily in the city has recently reached upwards of 500, Levy said, adding that city officials expect that number to “grow significantly” with the expiration of Title 42.
Adams has been looking at alternative places to house migrants and asylum seekers, pitching a plan to send some adult men to the city’s northern suburbs in Rockland and Orange Counties. That plan remains temporarily on hold in Rockland county after a judge blocked Adams’ move.
Meanwhile in Orange County, a bus with migrant men slated to arrive at a local hotel on Wednesday never showed up.
“We’re discussing legal and safety concerns with our state partners, and while we have paused tonight, our plans have not changed,” Levy said.
This story has been updated with additional information and comment from City Hall.
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new york city
housing
Politics
Elizabeth Kim
Elizabeth Kim is a reporter on the People and Power desk who covers mayoral power. She previously covered the pandemic, housing, redevelopment and public spaces. A native of Queens, she speaks fluent Mandarin. Got a tip? Email [email protected]
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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