NY State Supreme Court judge rules on NYC's homeless shelter plans

February 22, 2000
Web posted at: 6:32 PM EST (2332 GMT)

NEW YORK (CNN) -- New York State Supreme Court Judge Stanley Sklar ruled Tuesday that New York City cannot force homeless adults to accept workfare jobs in exchange for city shelter.

Sklar said the law cited in support of the city rule may be constitutional -- but violates a consent decree that requires the city to give shelter to every adult who seeks it.

The law requiring the homeless to work stems from a 1995 regulation issued by the state Department of Social Services at the city's request. It requires anyone seeking shelter in New York City to comply with welfare rules.

The city has been trying to put the rules into effect since then.

But in 1981, the city signed a consent decree agreeing to shelter every single adult man who asked for it. In 1983 it signed a similar agreement for single adult women.

Sklar ruled that the consent decree holds.

Mayor Rudolph Giuliani denounced the decision, saying he expects the Court of Appeals to reverse it. He has come under fire in recent months for the city's homeless policies, and has stepped up arrests of homeless people who refuse social services.

"We feel it's a major victory and a legal slam dunk," said Patrick Markee, spokesman for the Coalition for the Homeless. "The court is clearly affirming the importance of legal right to shelter for homeless New Yorkers."

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