Paul, Weiss and Legal Aid Society Reach Settlement With New York City to Preserve Right to Shelter

As reported by The New York Times and numerous other news media, Paul, Weiss, alongside the Legal Aid Society, represented the Coalition for the Homeless in an important settlement that preserves the 42-year-old Right to Shelter consent decree, and ensures that single adults who are new arrivals from the Southern Border have access to shelter, basic necessities and case management to transition from shelter to housing in the community.

New York City’s right to shelter has long ensured that anyone in need of shelter would receive it. The right is grounded in a 1981 consent decree and court orders stemming from multiple lawsuits—many litigated at the time by Special Counsel Steve Banks, then of the Legal Aid Society, and firm Chairman Brad Karp, then a Paul, Weiss associate.

In response to the influx of new arrivals from the Southern border beginning in 2022—many bused to New York City by Texas Gov. Greg Abbott—the city and the state of New York asked the court to suspend the basic right to shelter consent decree requirements for both new arrivals and New Yorkers in need of shelter.

Because it is no one’s interest to have increased numbers of people on the streets of New York City, Paul, Weiss, alongside the Legal Aid Society, represented the Coalition for the Homeless to challenge a blanket suspension of the right to shelter requirements. Instead of protracted litigation, we requested that the dispute be mediated by the judge overseeing the litigation. The city agreed to our request, and over five months, we worked with the city to reach a settlement under the supervision of N.Y. State Supreme Court Justice Gerald Lebovits.

Under the settlement agreement announced at a court hearing, the underlying right to shelter consent decree has not been modified. The settlement is a temporary crisis plan that applies only to single adult new arrivals—not long-time New Yorkers and not families with children, whose long-standing rights are not affected—and it will remain in place only until the current crisis ends. For single adult new arrivals, the settlement agreement also provides for individualized determinations of the need for shelter when new arrivals seek shelter, and on the continuing need for shelter beyond 30 days after new arrivals have been placed in shelter; new arrivals with disabilities will be provided with shelter initially and on a continuing basis as a reasonable accommodation. The city retains flexibility for the city to determine what kind of shelter is provided, but has agreed to eliminate the use of waiting rooms as shelter by April 8. Under the terms of the agreement, the parties may seek to modify, enforce or terminate the settlement.

The Paul, Weiss team representing the Coalition for the Homeless and working with the Legal Aid Society on a range of initiatives to address homelessness includes partner Michele Hirshman, special counsel Steven Banks and associates Megan Gao, Bethany Robinson, Alexander Beer, Bridget Warlea and Nylah Mustafa.