Callahan v. Carey is a landmark case that established New York City’s Right to Shelter for single homeless men, and that laid the groundwork for courts to extend the right to homeless women, children, and families. In 1979, Plaintiffs argued that Article XVII of the New York Constitution, which declares that “the aid, care and support of the needy are public concerns and shall be provided by the state…” provides a constitutional right to shelter for homeless men. In 1981, New York City entered into a consent decree requiring it to provide shelter from the elements to class members.

In the four decades since the Callahan consent decree was issued, Legal Aid has challenged the City’s non-compliance numerous times. In March 2024, after New York City attempted to eviscerate the right to shelter on account of the large influx of new arrivals from the southern border, Legal Aid and the Coalition for the Homeless entered into a temporary settlement agreement to preserve the right to shelter for all New Yorkers. The agreement creates procedures for new arrivals to receive shelter, but gives the City additional flexibility in the type of shelter to be provided. The settlement eliminated the use of waiting rooms as shelters, rooms where individuals were sleeping on chairs and on floors while they waited for a shelter bed. Legal Aid is closely monitoring the City’s compliance with the agreement. Read more about the settlement here.