“The aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions, and in such manner and by such means, as the legislature may from time to time determine.”
Article XVII of the New York State Constitution formed the basis of the argument made by the founders of the Coalition for the Homeless when they filed the Callahan v. Carey lawsuit: New York has a legal obligation to provide a shelter bed to anyone who lacks a safe place to sleep.
On December 5, 1979, while this lawsuit was still being argued, the New York State Supreme Court issued its first injunction ordering the City and State to provide shelter for homeless men – the first milestone in a series of critical victories by the Coalition and The Legal Aid Society that later extended the right to shelter to single women and then to families with children.
December 5th has thus been designated as “Right to Shelter Day” and is when we acknowledge the tremendous impact of this critical right, which has saved more than a million New Yorkers from the perils of living unsheltered on the street and in the transit system.
Listen to individuals who have benefited from this important right discuss what it means to them by clicking the tab above.
New York City is the only place in the country with such a robust right to shelter, which is why we do not have the massive and heartbreaking tent encampments commonly found in so many other large cities.
A shelter is of course not a permanent home, and so the Coalition consistently advocates for deeply subsidized affordable and supportive housing as the only sensible long-term answer to modern mass homelessness. But for those who do find themselves without a home, the guarantee of a safe, warm place to sleep at night provides the necessary foundation to help them get back on their feet. As harsh winter weather descends upon the city, the right to shelter guarantees lifesaving protection from the elements for our homeless neighbors.
On Right to Shelter Day, we encourage you to learn about this important legal milestone and hear from some of the adults and children who have benefitted from this vital safety net.
Click here more for more about the Callahan consent decree and our efforts to defend it.
A judge refused to dismiss a lawsuit that seeks to force city and state officials to provide shelter for derelicts during winter….
Following is the text of the December 5, 1979, decision in Callahan v. Carey, the class action litigation brought by Coalition for the Homeless that established a legal right to shelter for homeless individuals in New York City….
A State Supreme Court justice in Manhattan has ordered the city and the state to create 750 new beds for the “helpless and hopeless men of the Bowery.”…
The Callahan v. Carey amended complaint addressed horrible conditions experienced by 10K+ homeless men in 1979-80…
Following is the complete text of the 1981 consent decree in Callahan v. Carey, the class action litigation brought by Coalition for the Homeless that established a legal right to shelter for homeless individuals in New York City…
New York City must provide clean and safe shelter to every homeless man who seeks it, according to an agreement signed in State Supreme Court yesterday by city and state officials and a lawyer for six homeless men who sued for that commitment nearly two years ago….
Under terms of the agreement, the city and the state will provide clean and safe shelter for every homeless person who asks for it. The agreement also bans overcrowding at the city’s expanded shelter on Wards Island, at a large shelter in the Catskills and at Bowery hotels where men are sent after processing at the Men’s Shelter….
Cases of severe hypothermia and death among homeless dropped dramatically after the decree….
In February 1982, a new case was brought on behalf of homeless women, Eldredge v. Koch. The New York State Supreme Court ruled that the Callahan decree must be applied to shelters for homeless women…
On appeal, the Appellate Division ruled that more evidence was needed on the question of specific violations (the City reduced shelter capacities and increased plumbing facilities after the case was filed), but affirmed that the Callahan decree applies to homeless women. ..
“Homelessness reveals a gaping schism in the principle of justice in New York City where we certainly have the expertise and resources to fulfill the right of people to housing” – Ellen Baxter ..
Since 1981, the Coalition for the Homeless has fought to make sure the city honors the legal right to shelter and ends unsafe & inhumane practices….
The right to shelter was established in 1979, when the lawyer Robert Hayes teamed up with Kim Hopper, Ellen Baxter and other activists to bring a class-action lawsuit on behalf of homeless New Yorkers (and to found the Coalition for the Homeless). …
The landmark victory in the 1979 lawsuit Callahan v. Carey paved the way for further legal victories that ensured the right to shelter for homeless men, women, children, and families in New York City….
“There is a constitutional obligation in New York to provide aid and care for those in need, particularly during cold or inclement weather, and this has not changed since last year,” Cuomo spokesman Rich Azzopardi said recently.
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• Learn about easy actions you can take to support homeless New Yorkers today.
• Read our full advocacy library or browse our comprehensive reports and policy briefs – including our 2022 State of the Homeless report – which analyze a wide range of issues involving homelessness, including affordable housing policy, family homelessness, mental health care, government benefits, and the New York City shelter system.
