The mayor is right on the limits of right to shelter for asylum seekers

BY VITO FOSSELLA AND JOSEPH BORELLI

Mayor Eric Adams caused quite an uproar when he suggested during a recent radio interview that asylum seekers do not “fall into the whole right-to-shelter conversation.” at assertion set o hysterics from the no-borders Left, who threatened to bring the administration “in front of a judge for contempt” if the city refused to pay for housing, food, health care and every other necessity for the nearly 45,000 migrants who recently arrived in our city.

We agree with the mayor. He should ignore the saber-rattling and perhaps let the issue go to court.

For months he has been ghting a battle in the court of public opinion to end the unwarranted, unfair and unsustainable policy of sheltering asylum seekers on the city’s dime. Maybe it’s time to take that battle to a court of law. e main argument made by the plainti s in Callahan v. Carey was that their right to shelter was guaranteed by 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 and by such of its subdivisions.” rough numerous court challenges, the right to shelter has evolved since that consent decree was signed in 1981. e most noteworthy resulted in a 2003 appellate court ruling that the city could terminate or deny shelter to homeless adults for not complying with administrative rules or social service plans. ese legal precedents should allow the city to either seek to modify the Callahan consent decree or withstand any challenge to the assertion that it does not apply to new migrants.

In fact, while it is often referred to as law, “the right to shelter” is not based on legislation, but on the resolution of a landmark 1979 lawsuit.

Callahan v. Carey was settled two years later with a consent decree that required the city to “provide shelter and board to each homeless man who applies for it provided that (a) the man meets the need standard to qualify for the home relief program established in New York state; or (b) the man by reason of physical, mental or social dysfunction is in need of temporary shelter."

Rights and privileges e same state constitution cited by the plainti s in Callahan v. Carey as the basis for their right to shelter establishes rights and privileges for U.S. “citizens” and New York residents. Immigrants who just arrived here by bus or plane are neither. e courts have also clearly established the consent decree does not extend the right to shelter to anyone, under any circumstances, for any period of time. e city must provide temporary shelter for those in need of housing due to “physical, mental or social dysfunction,” not those seeking asylum or economic opportunity. e problems caused by an unprecedented number of migrants streaming across our borders and into our city were created by the federal government and its failed immigration policies. ey cannot be solved on the backs of the city’s taxpayers.

To put it plainly: e consent decree was meant to provide a safety net for New Yorkers, not to create refugee camps.

We are, and will always be, a city that welcomes the poor, tired, huddled masses “yearning to breathe free.” We just cannot a ord to give them everything for free. ■

Vito Fossella is Staten Island borough president. Joseph Borelli is minority leader of the New York City Council.

685 Third Ave., New York, NY 10017-4024

ADVERTISING www.crainsnewyork.com/advertise sales director Laura Lubrano laura.lubrano@crainsnewyork.com senior vice president of sales Susan Jacobs account executives Paul Mauriello, Marc Rebucci, Philip Redgate people on the move manager Debora Stein, dstein@crain.com

CUSTOM CONTENT associate director, custom content Sophia Juarez, sophia.juarez@crainsnewyork.com custom content coordinator Ashley Maahs, ashley.maahs@crain.com

EVENTS www.crainsnewyork.com/events manager of conferences & events Ana Jimenez, ajimenez@crainsnewyork.com senior manager of events Michelle Cast, michelle.cast@crainsnewyork.com

REPRINTS director, reprints & licensing Lauren Melesio, 212.210.0707, lmelesio@crain.com

PRODUCTION production and pre-press director Simone Pryce media services manager Nicole Spell chairman Keith E. Crain vice chairman Mary Kay Crain president & ceo K.C. Crain senior executive vice president Chris Crain editor-in-chief emeritus Rance Crain chief nancial of cer Robert Recchia founder G.D. Crain Jr. [1885-1973] chairman Mrs. G.D. Crain Jr. [1911-1996]

SUBSCRIPTION CUSTOMER SERVICE www.crainsnewyork.com/subscribe customerservice@crainsnewyork.com 877.824.9379 (in the U.S. and Canada). $140.00 one year, for print subscriptions with digital access.

Entire contents ©copyright 2023 Crain Communications Inc. All rights reserved. ©CityBusiness is a registered trademark of MCP Inc., used under license agreement.