Nature of Claims: This action challenges the City's and State's failure to provide safe, suitable and adequate emergency housing, assistance and services to homeless families with children, as mandated by Article XVII of the State Constitution, the Equal Protection clause, the State Social Services Law, and State regulations.
Background: A landmark decision in this case holds that the Constitution and laws of the State of New York require New York City and State to provide emergency housing to all homeless families with children. McCain v. Koch, 117 A.D.2d 198 (1st Dept. 1986). Subsequent decisions have upheld the power of the courts to set minimum standards of decency and habitability for emergency shelters, McCain v. Koch, 70 N.Y.2d 109 (1987), and to compel officials to comply with those court-ordered standards. McCain v. Koch, 136 A.D.2d 473 (1st Dep’t 1988); McCain v. Dinkins, 84 N.Y.2d 216 (1996).
Current Status: On August 16, 2005, the trial court found that the City's eligibility process for emergency shelter for families with children continued to result in serious errors and that “families who had been victims of violence or abuse or who clearly had no safe alternative shelter available were found ineligible” for emergency shelter. The court also found that State Administrative Memorandum 05 ADM-07, which would permit the City defendants to deny emergency shelter to some re-applicants, does not on its face conflict with Local Law § 21-313 or prior orders in the litigation. On September 7, 2005, the court permitted implementation of the ADM but directed the City to “make sure alternate housing is available” to applicant families with children before denying emergency shelter to them and to provide implementation progress reports to the court and the plaintiffs.
On February 8, 2006, the City moved by order to show cause to dismiss the action, and the related cases of Slade v. Bloomberg, Lamboy v. Eggleston, Cosentino v. Wing, on the ground that they are moot and do not state a cause of action for damages. A discovery and briefing schedule have been set for this motion, but the return date will depend on when discovery is completed, with the briefing schedule implemented thereafter.
On January 8, 2007, the plaintiffs moved for an order enjoining the City defendants from erroneously denying shelter to children and their families who are eligible for it, and erroneously determining that children and their families who reapply for shelter are ineligible for “immediate needs” shelter pursuant to the City’s shelter re-application procedure. The motion papers demonstrate that at least one in three families to whom the City denied “immediate needs” shelter were eventually found to be eligible for ongoing shelter. A decision on the motion has not yet been rendered.
Related Actions: Slade v. Bloomberg, Lamboy v. Eggleston, Cosentino v. Wing
No. Persons Affected: Approximately 9,034 homeless families currently reside in municipal shelters in New York City
Reported Decisions: McCain v. Koch, 127 Misc. 2d 23 (Sup. Ct. N.Y. Co. 1983); McCain v. Koch, 117 A.D.2d 198 (1st Dept. 1986); McCain v. Koch, 70 N.Y.2d 109 (1987); McCain v. Koch, 136 A.D.2d 473 (1st Dep’t 1988); McCain v. Dinkins, 192 A.D.2d 217, 219 (1st Dep’t 1993); McCain v. Dinkins, 84 N.Y.2d 216 (1994); McCain v. Giuliani, N.Y.L.J., May 16, 1996, p. 24, col. 4 (Sup. Ct. N.Y. Co.); McCain v. Giuliani, 236 A.D.2d 256, 653 N.Y.S.2d 556 (1st Dep’t 1997); McCain v. Giuliani, 252 A.D.2d 461, 676 N.Y.S.2d 151 (1st Dep’t 1998), appeal dismissed, 93 N.Y.2d 848, 688 N.Y.S.2d 494 (1999); McCain v. Bloomberg, 9 Misc.3d 1107(A), 806 N.Y.S.2d 446 (Table) (Sup. Ct. N.Y. Co. Aug. 16, 2005).