Residents Can't Challenge City Plan to Move Homeless to Nearby Shelter

LVT Number: #31179

Downtown New Yorkers Inc., a not-for-profit organization of people who lived, worked, and owned property in NYC's Financial District (FiDi) sued NYC, seeking a declaration that the city's plan to open the Radisson Hotel Shelter was unlawful. The city planned to open the Radisson as a temporary homeless shelter and move 235 men currently residing at the Lucerne Hotel Shelter on the Upper West Side to the "proposed" Radisson Hotel Shelter. The organization also sought to restrain the city from implementing that relocation plan.

Downtown New Yorkers Inc., a not-for-profit organization of people who lived, worked, and owned property in NYC's Financial District (FiDi) sued NYC, seeking a declaration that the city's plan to open the Radisson Hotel Shelter was unlawful. The city planned to open the Radisson as a temporary homeless shelter and move 235 men currently residing at the Lucerne Hotel Shelter on the Upper West Side to the "proposed" Radisson Hotel Shelter. The organization also sought to restrain the city from implementing that relocation plan. The petitioners claimed that the city's relocation plan was unlawful because the city didn't have a contract for use of the Radisson as a temporary shelter. The court ruled against the petitioners and dismissed the case. The court found that they lacked standing to challenge the relocation of residents from the Lucerne Hotel to the Radisson Hotel since they had no grievance that was ripe for review.

Downtown New Yorkers Inc. v. NYC: 2020 NY Slip Op 33921(U), NYLJ No. 1608677230 (Sup. Ct. NY; 11/24/20; James, J)