Nature of Claims: This action challenges a City practice of placing families containing pregnant women, infants, or persons with contagious diseases or special medical needs in barracks-style mass shelters. This action also challenges the State's failure to enforce its own policies as set forth in the new shelter regulations and in administrative hearing decisions. Plaintiffs' claims are based on state shelter regulations, state regulations requiring that the principles enunciated in administrative hearing decisions be given "stare decisis" effect, and the "single State agency" provisions of the Federal Social Security Act and regulations and the State Social Services Law.
Background: Class certification was granted on March 16, 1987. A final injunction prohibits the placement of families containing pregnant women and infants in barracks-style shelters. Additional orders require the assignment of medical priorities and expedited shelter placements for families with pregnant women, infants, or medically frail children and adults. (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, Lamboy v. Eggleston, 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 v.Bloomberg.)
Related Actions: McCain v. Bloomberg, Lamboy v. Eggleston, Cosentino v. Wing
No. Persons Affected: Approximately 9,034 homeless families with children currently reside in municipal shelters in New York City.
Reported Decisions: Slade v. Koch, 135 Misc. 2d 283 (Sup. Ct. N.Y. Co. 1987); Slade v. Koch, 136 Misc. 2d 119 (Sup. Ct. N.Y. Co. 1987).