Rights & Information

This page provides information about New Arrivals’ rights and other information regarding the March 2024 right to shelter settlement.

Update: If you have applied for asylum or temporary protected status, your time will be extended. Bring a copy of your asylum application receipt or proof of TPS to the Reticketing Center and they will give you another 30 or 60 days. You may also be eligible for an extension if you have another eligible immigration status.

 

As a result of a lawsuit that was settled in 1981, Callahan v. Carey, there is a legal Right to Shelter in New York City. This right provides that anyone without a place to live is guaranteed safe, decent, and appropriate shelter so they don’t have to end up on the streets. In May 2023, Mayor Adams and Governor Hochul sought to modify the Right to Shelter to allow the City to deny shelter to New Arrivals and long-time New Yorkers in need.  

 

On March 15, 2024, Coalition for the Homeless and the City entered into a Settlement Agreement that preserves the Right to Shelter and establishes a temporary crisis plan to address the current situation. This plan relates only to single adult New Arrivals and adult family New Arrivals. (Adult family New Arrivals are families who have travelled to New York City without family members under the age of 21.)

 

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Settlement FAQs

Q. Who is a New Arrival?

People who entered the US on or after March 15, 2022 and have a fear of returning to their home country.

Q. As a New Arrival, how do I apply for shelter for the first time?

Go to the Arrival Center at the Roosevelt Hotel located at 45 E 45th Street, New York, NY, 10017 (open all the time). You can also request a ticket to any location outside of New York City. If no one in your family is a child under 21 years old or pregnant, you qualify for shelter only if the City believes you have nowhere else to go. The City will ask questions about your friends, family, and contacts in the United States to determine if you have anywhere else you can live.

If you are eligible for a shelter placement, you cannot choose your shelter. If you or a family member has a disability, you may qualify for a reasonable accommodation in shelter, and you should let the staff know immediately. If you identify at LGBTQ+, you can also request a special placement that accommodates your needs, see Reasonable Accommodations Rights.

Q. What if I’m found ineligible for shelter?

The City must provide you with a written notice (in your preferred language) if you are ineligible for shelter. If you disagree with the decision, you can ask a supervisor to review it. You can get a shelter bed if you show that the location the City has identified for you to stay is:

1) is not safe;
2) doesn’t accommodate your disability; or
3) that the person(s) living at that address will not actually let you stay.

The City must offer you transportation to anywhere they say you can go instead of shelter.

Q. As a single adult or adult family, can I get more time in my shelter longer than 30 or 60 days?

You can get more time if you have “extenuating circumstances” such as:

  • You have found a place to live, and you will be able to move there within 30 days.
  • You have an immigration hearing within the next 30 days.
  • You are recovering from a serious medical procedure or you have an appointment or procedure for a serious medical condition within the next 30 days.
  • You have taken significant steps to move out of shelter, but you still do not have a place to go.
  • You have applied for asylum or temporary protected status. You may also be eligible for an extension if you have another eligible immigration status.

If you need an extension, go to the St Brigid Reticketing Center (185 E 7th Street, New York, NY 10009). We recommend you apply for an extension one week before the end of your 30 or 60-day shelter stay. At the Reticketing Center, you can reapply for shelter or request a ticket to another place in the US or abroad.

Q. As a single adult or adult family, is there a limit on the number of times I can request an extension?

No, there is no limit on the number of extensions you can request, but you will need to prove you have “extenuating circumstances” each time you request a new extension. You need to start collecting evidence of your extenuating circumstances before your last day in shelter.

Q. How do I prove I have taken significant steps to exit shelter?

If you request an extension, you will need to show the Reticketing Center staff that you have taken significant steps to help you move out of shelter. Here are some steps you can take:

  • Engage with caseworkers in shelter: Never miss a case worker appointment (or reschedule any appointments you cannot attend due to work, doctor appointments, etc).
  • Immigration: Get an immigration appointment or apply for immigration relief with the City’s help.
  • Employment: Look for work if you’re able to work. Keep notes of efforts.
  • Housing: Look for housing by speaking with friends, looking online, working with a community group, and keep records of your efforts. A letter from a non-profit can help prove you are looking for housing.
  • Other: Get an ITIN (tax ID) to file taxes, apply for photo ID, take a job training course, take English courses, apply for public assistance.

Tip: We recommend taking as many steps as you can to show you have made significant efforts to move out of shelter. To help you remember your efforts, take a photo of documents you receive and any place you go.

Q. What if my extension request is denied?

If your request is denied, you will receive a written notice (in your preferred language). If you believe the decision is wrong, ask for a supervisor review. This should happen quickly. If you have no other place to go or your request for an extension was denied, you can go to a drop-in center. A drop-in center is a place where you can stay indoors at night, but it will not have beds – only chairs. The drop-in center will have bathrooms, meals, and either showers or information about where you can find a shower. The staff at the Reticketing Center can tell you how to access a drop-in center.

If you need assistance after being found ineligible for shelter, your extension request was denied, or you need accommodations as a result of a disability, you can call The Legal Aid Society’s Homeless Rights Project at 212-298-3160. You can also reach the Crisis Intervention Program at the Coalition for the Homeless by calling 1-888-358-2384 on business days from 9am until 5pm. Coalition for the Homeless staff can assist you by phone or may be able to offer in-person meetings by appointment only. Appointments must be made by calling the hotline in advance.