NYC Shelter System

Various forms of shelter have been offered to homeless people throughout the history of New York City, however, there was no recognized “right” to shelter until the 1970’s when Robert Callahan, and several other homeless single men, brought the Callahan case against New York City and New York State, claiming they had a “right” to shelter. In a preliminary injunction (an emergency order issued prior to the conclusion of the court case, based on a finding that failure to provide immediate relief will cause irreparable harm to the plaintiffs and the plaintiffs have a probability of success) the judge found the plaintiffs would likely be able to show a “right” to shelter under the New York State Constitution. As a result NYC agreed to provide shelter to homeless single men. Homeless single women later brought the Eldredge case and the Courts agreed in 1983 that women had the same right to shelter as men.

Until the Legal Aid Society brought the McCain litigation in 1983, New York City placed homeless families with children in dangerous “welfare” hotels and armories. That litigation eventually led to the City’s recognition in 2008 that homeless families have a right to shelter and that shelters must be decent and habitable. It forced the City to improve conditions and provide sufficient shelter and assistance with obtaining permanent housing. The City now runs its own family shelters, but also contracts with hotels, landlords, and not for-profit providers to meet its obligations.

NYC created the Department of Homeless Services (DHS) in 1993, which operates or contracts with providers of shelter for families with children, childless couples, and single adults. The City’s Department of Housing Preservation and Development (HPD) operates shelters for people made homeless by fire, flood or vacate order. See HPD’s website www.nyc.gov/html/hpd/html/tenants/ehsb.shtml. The City’s Human Resources Administration (HRA) operates or contracts with providers of shelter for survivors of domestic violence. Some smaller private providers, some faith-based, also provide shelter for single adults, young expectant mothers, and young people. These shelters have no direct relationship with DHS.

The City’s agencies are supervised by the State’s Office of Temporary and Disability Assistance (OTDA). OTDA inspects shelters, issues regulations and other procedures governing them, and approves the procedures and operating plans of the City’s shelters and programs.

The federal government is not directly involved in the City’s shelter system, but it does provide assistance and support for various programs through various federal agencies, including the Veterans Administration, the Department of Housing and Urban Development, and the Department of Education.

The DHS shelters are funded by City, State and federal tax levy dollars.

New York City has a legal obligation to provide decent shelter to every homeless person. The City has chosen to create separate shelter systems for single adults, childless couples, and families with children, through its Department of Homeless Services (DHS). These shelters are available to anyone who is homeless and meets the qualifying criteria. The requirements for qualifying for shelter depends on the type of shelter an individual, couple or family with children is seeking.

The City has also established separate shelters systems for people made homeless by reason of flood, fire or vacate order and some survivors of domestic violence. See below, _Domestic Violence Shelters _for more information on domestic violence shelters. Refer to HPD’s website for information regarding shelters for people made homeless by reason of flood, fire or vacate order: www.nyc.gov/html/hpd/html/tenants/ehsb.shtml www.nyc.gov/html/hpd/html/tenants/ehsb.shtml.

Families with children in the municipal shelter system may be eligible for Advantage rent subsidies. Refer to Housing Programs & Services, Advantage Programs.

The City is legally required to assist families whose children are in foster care solely because their parents lack adequate housing to reunite the family obtain suitable housing. When no other resources are available, the City refers these families to the DHS PATH (Prevention Assistance and Temporary Housing) intake office, where Administration for Children Services (ACS) and DHS staff can simultaneously reunite the family and assist them in applying for shelter, see below, Applying for the NYC Shelter System, Application Process for Families with Children under 21.