Judge orders NYC to stop using school to house migrants

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Judge orders NYC to stop using school to house migrants

2023-09-27 08:25| 来源: 网络整理| 查看: 265

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A Staten Island judge Tuesday ordered the city to stop using the site of a former Catholic school as a 300-person migrant shelter – while blasting the Big Apple’s “Right to Shelter” law as a “relic from the past.”

Justice Wayne Ozzi issued a preliminary injunction that blocks the city from filling the former St. John Villa Academy with asylum seekers, although it was not immediately clear whether the facility would close.

The Adams administration last month convinced the state Appellate Division to keep the Staten Island shelter open hours after the same judge ordered it shut down in an earlier order.

The city immediately vowed to appeal Tuesday’s decision as well, with a rep for Mayor Eric Adams saying it “threatens to disrupt efforts to manage this national humanitarian crisis.”

Meanwhile, the Staten Island jurist also had some harsh words about the city’s “Right to Shelter” mandate, which since 1981 has required the five boroughs to provide housing to anyone who applies for it.

Ozzi argued that the 1981 agreement “is intended to address a problem as different from today’s dilemma as night and day,” calling the law “an anachronistic relic from the past.

Judge Wayne Ozzi 3 Staten Island Justice Wayne Ozzi argues that the city’s “Right to Shelter” law is outdated.Spencer Burnett

“The consent decree was entered into to address a specific problem existing at the time —to provide housing for unfortunate New Yorkers who needed shelter,” Ozzi wrote. “No one can argue that there was at that time a situation of the magnitude existing today — a virtual flood of migrant asylum seekers whose numbers would fill two Yankee Stadiums and equal one-fifth of the population of Staten Island,” he said.

Ozzi’s ruling comes two weeks after lawyers for Staten Island local Scott Herkert, who is seeking a court order to shutter the site, argued at a hearing that the shelter creates an “unreasonable public nuisance” — including because he’s allegedly been smelling raw sewage from the site at his home next door.

A lawyer for the city argued that Herkert’s complaints do not rise to the level of what’s known as an “irreparable harm” that the judge would need to find to order the site closed, and accused Herkert and other locals of “just not wanting to live near a shelter.”

Former St. John Villa Academy 3 The 300-person shelter targeted in the lawsuit is the former home of a Catholic school at 57 Cleveland Place on Staten Island.Gregory P. Mango Newly arrived migrants in Manhattan 3 As of Sept. 10, the city had opened 208 sites to house more than 59,600 migrants.Robert Mecea

“New Yorkers are tired of shouldering the burden of this nationwide crisis, and we understand their concerns,” the Adams rep said in a statement after Tuesday’s court ruling.

“Since spring 2022, we have processed over 116,000 asylum seekers, with an average of more than 10,000 migrants continuing to arrive every single month asking for shelter. With 210 sites already open, including 17 large-scale humanitarian relief centers, any site we are now finding are the only options left.

“While not a single family with children has been forced to sleep on the streets in New York City, this ruling jeopardizes our ability to continue providing shelter at that scale,” the representative said.

“We are taking steps to immediately appeal this ruling, which we believe is incorrect in key respects and which threatens to disrupt efforts to manage this national humanitarian crisis. Instances like this underscore the urgent need for a broader state and national solution, as we’ve emphasized repeatedly,” the rep said.

City Hall moved in May to try to address its migrant housing issues by temporarily reducing the Big Apple’s requirements for housing homeless families to help make way for asylum seekers.

But the Legal Aid Society teamed up with former city Social Services Commissioner Steve Banks — who now works at white-shoe law firm Paul Weiss — to oppose City Hall.

Lawyers handling the “Right to Shelter” case huddled at a closed-door hearing in Manhattan Supreme Court on Tuesday.

Justice Erika Edwards – after emerging from the meeting in her chambers – said all sides were “certainly making progress” toward reaching an agreement.

The city now has until Oct. 3 to send the court an updated list of the ways in which it wants to change the mandate, before Legal Aid will get the chance to respond.

The attorneys did not comment after the hearing.

Additional reporting by Craig McCarthy

 



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