City officials cannot remove homeless men living at an Upper West Side hotel-turned-shelter unless the residents wish to leave, a panel of appeals court judges unanimously ruled on Tuesday.
The fate of the men’s living status has changed on a month-to-month basis as lawyers for Mayor de Blasio, a Financial District community group and advocates for uptown residents who live near the Lucerne Hotel on W. 79th St. argue over where they should live.
The men were moved into the facility at the beginning of the pandemic to curb COVID-19’s spread among the city’s homeless population, prompting an outcry from residents.
The case made its way to the Appellate Division, 1st Department, after Manhattan Supreme Court Justice Debra James dismissed it on Nov. 25. In doing so, James lifted a temporary restraining order issued a month before that ensured the men could stay put and not be moved to the Radisson Hotel shelter at 52 William St. in lower Manhattan.
Lawyers for the city Law Department, the Lucerne men, and the Financial District community group have until May to prepare their arguments to be heard on appeal or reach an agreement outside of the courtroom.
In the meantime, the appellate court ruled that the men should decide where they want to live.
“We are so grateful that the appellate court recognized it would be detrimental to force our relocation from the Lucerne, and in doing so considered our humanity and well-being over those who showed no concern for us. We still hope the mayor and the first lady will come here in person, see the great services happening at the Lucerne and call off this irrational move once and for all,” said Lucerne resident Shams da Baron.
“We hope our success here — working together with the permanent community — could be used as a model for shelters across the city,” he said.
The suit brought by Downtown New Yorkers, a coalition of lower Manhattan residents, sought to halt the men’s transfer to their neighborhood. The community group filed suit in response to the city’s decision to move the men out of the Lucerne amid complaints from a contingent of Upper West Side residents, part of a group called WestCo, who said their quality of life had been affected by the men’s presence.
In court, lawyers for the Lucerne men argued that many of them had become gainfully employed since their relocation and relied on local recovery programs and training at Goddard Riverside Community Center, which sponsors a comprehensive jobs program.
“This lawsuit started after a small group of wealthy Upper West Siders hired a politically connected lawyer to forcibly evict homeless residents from their community,” said attorney Michael Hiller.
“Today, the appellate court ruled that, not only can the men of the Lucerne remain there, at least pending the appeal, but further, those who want to leave may also do so. In this way, today’s decision, though temporary, is truly empowering to homeless residents who are fighting for their right to be heard and ultimately, for their dignity.”
Manhattan Borough President Gale Brewer, Public Advocate Jumaane Williams and Councilwoman Helen Rosenthal, who represents the district, advocated for the men to remain at the Lucerne in court papers and at protests outside the facility along with scores of homeless advocates.
In a statement, city Law Department spokesman Nicholas Paolucci said the city recognizes its “moral and legal obligation” to provide safe shelter to homeless New Yorkers.
“The Radisson is better suited to meet the needs of these residents. When all the merits are heard, we believe the court will ultimately agree that this move is an appropriate use of the mayor’s emergency powers.”
