Nature of Claims: This proceeding challenges the City's policy and practice of permitting homeless families to sleep overnight in welfare offices, in violation of a State Administrative Directive (83 ADM-47).
Background: Class certification was granted on August 26, 1985. A final injunction prohibits the practice of permitting homeless families to sleep overnight in welfare offices. After more than 100 families with children were forced to sleep overnight in the Emergency Assistance Unit, in violation of this order, the plaintiffs moved to hold City officials in contempt. In 1994, the Court of Appeals upheld sanctions of contempt. McCain v. Dinkins, 84 N.Y.2d 216 (1994). (Litigation is consolidated before the court in McCain v. Bloomberg.)
Current Status: On February 8, 2006, the City moved by order to show cause to dismiss the action, and the related cases of McCain v. Bloomberg, Slade v. Bloomberg, and Cosentino v. Wing, on the ground that they are moot and do not state a cause of action for damages. (For further information, see McCain supra.)
Related Actions: McCain v. Bloomberg, Slade v. Bloomberg, Cosentino v. Wing
No. Persons Affected: Approximately 9,034 homeless families with children currently reside in municipal shelters in New York City.
Reported Decisions: Lamboy v. Gross, 129 Misc. 2d 564 (Sup. Ct. N.Y. Co. 1985); Lamboy v. Gross, 126 A.D.2d 265 (1st Dep’t 1987); McCain v. Dinkins, 192 A.D.2d 217, 601 N.Y.S.2d 271 (1st Dep’t 1993); McCain v. Dinkins, 84 N.Y.2d 216 (1994).