NYC Proposes Suspending Right to Shelter for Migrants

Amidst a surge of migrants, New York City is facing challenges in meeting emergency housing requirements.

On October 4, 2023, New York City made a bold move by seeking to suspend a legal agreement that requires it to provide emergency housing to those in need. The city’s shelter system has been overwhelmed since the spring of 2022 due to a substantial influx of international migrants. This decision has caused a significant amount of controversy and concern among the public.

Late on Tuesday, the city made a request to the court to suspend the “right to shelter” during a state of emergency, which results in a sudden surge of single adult shelter population. The Mayor of New York, Eric Adams, who is currently on a visit to Latin America, stated that the city’s shelter system is overwhelmed and at full capacity due to the increasing number of migrants, particularly from Latin American countries. During his trip, he aims to discourage potential migrants from coming to New York.

For more than 40 years, the right-to-shelter policy has been a cornerstone of New York City’s approach to addressing homelessness. This landmark policy was established in 1981 through a legal agreement that mandates the city to provide temporary housing to all homeless individuals. This sets New York City apart from other major American cities. However, the city now contends that the policy was not intended to respond to the current humanitarian crisis resulting from the recent influx of asylum seekers.

When the shelter requirement for asylum seekers was first introduced, Mayor Adams viewed it as a positive step towards showing empathy for those seeking refuge in New York. However, his perspective has since shifted as the city has spent a staggering amount of money – over a billion dollars – to rent hotel spaces, set up emergency shelters, and provide government services to migrants who arrive without any housing or job opportunities.

“With more than 122,700 asylum seekers having come through our intake system since the spring of 2022, and projected costs of over $12 billion for three years, it is abundantly clear that the status quo cannot continue,” stated Mayor Adams, a Democrat. “New York City cannot continue to do this alone.”

Mayor Adams has recently implemented stricter rules regarding shelter stays for adult migrants in response to the growing concern of overcrowding in shelters. Under these new regulations, adult migrants are limited to a maximum stay of just 30 days in city-run facilities.

Legal experts and advocates for the homeless, however, express grave concerns about the city’s move. Josh Goldfein, a staff attorney at The Legal Aid Society, argued that suspending the right to shelter could have dire consequences. “What is the alternative?” Goldfein questioned. “If we do not have a right to shelter, if we are turning people away from the shelter system, if people are now living in the streets, in the subways, in the parks, is that the outcome that they want? That is something we have not seen in decades. I don’t think any New Yorker wants to see that. I don’t think city officials want to see that, but that will be the result if they were to prevail here.”

The city’s obligation to provide housing during emergencies and the potential fallout of modifying established policies in response to an unprecedented humanitarian crisis are significant issues raised by the legal challenge. The fate of thousands of migrants and the future of New York City’s shelter system rest in the balance as the court deliberates on the city’s plea.