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LAS Files Emergency Motion to Ensure Due Process for Homeless New Yorkers

The Legal Aid Society and Jenner & Block LLP, on behalf of the Coalition for the Homeless, Center for Independence of the Disabled, and homeless New Yorkers, in coordination with the Safety Net Project at the Urban Justice Center, have filed an emergency motion to amend their previously existing preliminary injunction which halted the transfer of disabled homeless New Yorkers from hotel rooms to congregate shelter settings, as reported by POLITICO.

The motion seeks to stop transfers until the City of New York and the Department of Homeless Services present a credible staffing and training plan as well as a detailed schedule ensuring any future moves will be conducted in compliance with the original injunction. A hearing is scheduled for this Thursday, August 5.

In their rush to return New Yorkers to congregate shelters, the Defendants have repeatedly violated the requirements of the preliminary injunction by moving class members without the required notice and/or the required individualized caseworker meetings. Without these essential safeguards in place, homeless individuals will incur immediate and irreparable injury, loss, and damage.

“The City should let people stay where they are until they can move them to permanent housing. There is no reason for these moves now. They’re just moving much too quickly, they have tremendous pressure coming down on them from the mayor to get this done sooner than is reasonable, and they don’t have enough resources to do what they need to do,” said Josh Goldfein, a staff attorney with The Legal Aid Society’s Homeless Rights Project. “They’re just throwing people on buses and moving them out and not verifying that they’re going to a place that can serve them.”