The city of New York is requesting the highest court in the state for assistance in being exempted from its responsibility to offer shelter.

New York City Mayor Eric Adams is embarking on a trip to Central America with the intention of discouraging migration. Meanwhile, the city has sought assistance from the New York Supreme Court to be exempted from its responsibility of offering shelter.

Currently, a 1981 consent decree establishes the “right to shelter” in New York, which has spurred an influx of migrants over the past year. In the city’s filing to the state court Tuesday, officials note that more than 122,700 migrants have come to New York City since April 1, 2022.

Around 50,600 individuals who migrated arrived after May 21. During this time, New York City authorities have set up 61 additional sites to accommodate migrants, incurring $1.1 billion in new expenses.



New York City has requested state Supreme Court Justice Erika Edwards to add a new clause to the 1981 consent decree. This clause would exempt the city from providing shelter to individuals in need if a state of emergency is declared by either the governor of New York or the mayor of the city. Similar appeals were made in May and July.

Officials stated that if, during a state of emergency, the number of single adults seeking shelter is at least 50% higher than the number before the emergency was declared, the right to shelter may be suspended.

The latter figure would be taken from the average of adults coming in during the preceding two-year period, and would exclude data from times where a state of emergency regarding housing was in effect.

“Over the past 18 months, New York City has taken significant actions to address this nationwide humanitarian crisis. However, the terms of the judgment are burdensome and clearly unsuitable for the current situation, limiting the City’s ability to effectively respond to the emergency,” stated officials.

Mr. Adams also expressed his opinion.

“I cannot reword”

There are individuals who have expressed concerns and are apprehensive about the consequences for both the homeless and migrants due to the decision to temporarily halt providing shelter.

The Coalition for the Homeless nonprofit, along with the Legal Aid Society, a social justice law firm, expressed their concern over the city’s potential ability to declare an emergency, which could result in the termination of shelter rights for numerous New Yorkers. This includes both the working poor who depend on the shelter system and individuals who rely on disability benefits. The organizations described this action as abhorrent and unnecessary, stating that it goes against the City’s promise to prevent anyone from being forced to live or perish on the streets.