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Settlement Ends Court Oversight of Homeless Family Services System
New York City and the Legal Aid Society recently announced an agreement to bring an end to long-standing litigation that had resulted in court oversight of New York City’s homeless services system for families with children.
“The impact of this volatile and uncertain economy is that more New York families are vulnerable to financial hardship, potentially only a single crisis away from finding themselves in need of emergency shelter,” said Governor David A. Paterson. “This historic settlement restores and preserves the ability of the City of New York to provide vital services those families may require to rebuild their lives.
“I would like to commend Mayor Bloomberg for leading this effort and the Legal Aid Society for its cooperation in bringing closure to this long-standing litigation. Due to the settlement, New York City’s most at-risk residents will greatly benefit in times of critical need,” said Governor Paterson.
“This historic settlement reaffirms Governor Paterson’s commitment to help those who for any number of reasons find themselves in need of emergency shelter,” said Office of Temporary and Disability Assistance Commissioner David A. Hansell. “As part of this settlement, OTDA will continue its practice of providing fair hearings to those in need of shelter on a priority basis.”
Mayor Michael Bloomberg and Attorney-in-Chief Steven Banks of the Legal Aid Society were joined at a press conference in City Hall announcing the agreement by Commissioner Hansell, Deputy Mayor for Health and Human Services Linda I. Gibbs, Corporation Counsel Michael A. Cardozo, and Department of Homeless Services (DHS) Commissioner Robert V. Hess.
The lawsuit, McCain vs. Koch, was brought against the City in 1983 and alleged insufficient shelter capacity and lack of standards for family shelters. In 2005 a court-appointed Special Master Panel ended an extensive review of the shelter system and concluded that court oversight should come to an end. A successful round of negotiations last August led to an agreement to dismiss the collection of lawsuits. Under the settlement the City will continue to abide by state and local laws ensuring safe emergency shelter for homeless families with children as well as provisions outlining current agency standards and protocols for shelter eligibility.
During the 25 year period of court oversight the City enforced over 40 court orders and devoted costly staff and agency resources toward complying with these cases. The settlement allows New York City to regain full control of its family services system. Parties involved in the litigation will now be able to focus their time on providing shelter for homeless families.
Commissioner Hansell said that OTDA would continue to provide fair hearings to families in need of shelter as part of the settlement.