A New York State Supreme Court judge has dismissed a case that sought to block the city’s plan to move homeless men out of a hotel on the Upper West Side.
The decision clears the way for the city to relocate the men from the Lucerne to another hotel in downtown Manhattan. Judge Debra James wrote that the group, Downtown New Yorkers Inc., which formed to oppose the move to the Radisson Hotel on Wall Street and sued the city “lack[s] standing to challenge the relocation.” Additionally, she dismissed motions from the Lucerne residents who intervened in the case—both against and in favor of the move—saying the court didn’t have jurisdiction over the requests.
"We are hurt,” said Ramone Buford, also known as Shams, a Lucerne resident who was a petitioner in the case and an advocate against the move. “This decision negatively affects homeless people throughout America and that's really what this fight was about: having our voices heard, challenging an irrational decision made by the mayor to please some rich folk.”
In July, more than 200 homeless men were moved from congregate shelters to the Lucerne Hotel on West 79th Street in an attempt to prevent the spread of COVID-19. Soon after their arrival, some Upper West Siders raised objections over loitering, public urination, panhandling and similar issues that they said were impacting the quality of life in the community -- though it's not clear how much of the behavior could be tied to men living at the Lucerne. The Upper West Side residents formed a group, the West Side Community Organization, and hired a former deputy mayor, Randy Mastro, to represent them.
In September, Mayor Bill de Blasio paid a visit to the Upper West Side and said he observed conditions in the neighborhood that were “not acceptable.” He eventually decided to move the men to the Radisson Hotel. Advocates, shelter providers and some elected officials criticized the move as caving to the pressures of an affluent community.
"We are very grateful to receive today's decision,” said Randy Mastro. “The Court recognized what we have been saying all along—that the city made the right decision here, acting well within is discretionary legal authority, to move this vulnerable population from an SRO hotel on the Upper West Side to a better, safer facility downtown.”
In a statement, Downtown New Yorkers said the group was "deeply disappointed with the judge's decision and we will immediately file an appeal. We intend to continue this fight and we expect to win the case on the merits."
City officials have said the men will be closer to the services they need at the Radisson, that each will get a private room, and that the hotel will eventually be converted into a permanent shelter.
“We're pleased with the Court’s decision, which will allow the City to continue providing critical services to those who need it most in the way we believe is most effective," said Nicholas Paolucci, a spokesman for the city’s Law Department.
City Councilmember Helen Rosenthal, who represents the Upper West Side, called the judge’s decision “devastating” in a tweet.