Nature of Claims: Plaintiffs allege that Article XVII of the State Constitution, the State Social Services Law, and provisions of the City Administrative Code impose a legal obligation on the City and State to provide adequate food and shelter for homeless single adults.
Background: A Consent Decree requires the City to provide emergency shelter and board to each homeless man in need of it. (This obligation was extended to homeless women in Eldredge v Koch, 118 Misc. 2d 163, rev’d on other grounds, 98 A.D.2d 675 (1st Dep’t 1983)). The Consent Decree also sets forth minimum standards regarding bedding, security, supervision, staffing, storage of belongings, etc.
Current Status: On November 8, 2006, the court granted plaintiffs’ motion for an order directing the City defendants to provide it with copies of any shelter termination notices at the time such notices are issued to homeless individuals who are residing in shelters governed by the Consent Decree. The City has filed a notice of appeal. The parties have stipulated that the City will not invoke the statutory stay pending appeal and that the appeal will be perfected for the June 2007 Term.
Related Action: Eldredge v. Koch
No. Persons Affected: Approximately 6,077 homeless single men currently reside in municipal shelters in New York City.
Reported Decisions: Callahan v. Carey, N.Y.L.J., Dec. 11, 1979, at 10, col. 5 (Sup. Co. N.Y. Co., Dec. 5, 1979); Callahan v. Carey, 307 A.D.2d 150, 762 N.Y.S.2d 349 (1st Dep’t 2003).