Nature of the case: This action represents the culmination of four long-standing cases (McCain v. Bloomberg / Lamboy v. Doar / Slade v. Bloomberg / Cosentino v. Carrion) brought by Legal Aid on behalf of homeless families with children in New York City. The Court approved a settlement in Boston on December 12, 2008. Under the settlement, each of the four cases above was concluded with a final judgment. The orders previously issued in those cases were vacated and replaced with the relief in the Boston class action, which is outlined below.
Current Status: The Boston settlement provides for permanent relief as well as additional relief that will remain in place until at least December 31, 2010. Additionally, the settlement provides for enforcement mechanisms and makes provision for the City to pay fines to families who were found eligible for emergency shelter but suffered violations of some of the orders in the McCain litigation.
Permanent relief:
The Cosentino litigation is resolved based on the holding reported at Cosentino v. Perales, 153 A.D.2d 812 (1st Dep’t 1989) [there is a “fundamental State interest in preserving family integrity” that requires social services officials to “provide assistance, care and services to maintain children together with their parents,” including housing and shelter services].
Relief in Place Until At Least December 31, 2010
In addition, the City must have in place the following procedures regarding shelter eligibility:
Enforcement
Fines
Over the past two decades, the Legal Aid Society has won a series of court orders requiring the City of New York to pay fines to homeless families with children who were unlawfully denied shelter -- either because the families were kept overnight on the floors and benches of the City's Emergency Assistance Unit offices or because they had to endure multiple "overnight" shelter placements lasting just a few hours. The fines are in the amount of $150 per family per incident. The City has completed payments totaling over $5 million to families who were illegally denied shelter between 1991 and early 1995.
Pursuant to an order entered in the Boston case, the City is now in the process of paying homeless families who were unlawfully denied shelter between June 16, 1995, and December 31, 2005. The City has identified over 29,000 families owed more than $15 million in fines for this period. To date, approximately $3 million in fines remain unpaid, and the Department of Homeless Services, working with Legal Aid, is continuing to identify and locate families pursuant to the order. Families who were kept overnight in the EAU or who experienced unlawful overnight placements between 1995 and 2005 who believe that they are still owed fines payments should contact Legal Aid's Homeless Rights Project at 1-800-649-9125.
No. Persons Affected: Approximately 9,000 homeless families with children reside in the City’s family shelter system, including approximately 11,900 adults and 16,400 children. Over 29,000 homeless families with children are owed more than $15 million in fines.
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