Lawyers representing homeless families in Massachusetts have filed a class-action lawsuit against the state, asking the courts to temporarily halt the implementation of a cap on the number of families offered emergency shelter. Democratic Governor Maura Healey recently announced that the state would cap the number of families at 7,500 and introduce a waiting list, prioritizing those with the highest needs. However, critics argue that this plan violates the state's “right-to-shelter” law, which legally obligates Massachusetts to provide shelter to eligible families through the emergency assistance program.

The nonprofit organization Lawyers for Civil Rights, based in Boston, filed the lawsuit on behalf of three families facing homelessness. They argue that the changes proposed by Healey's administration are being rushed without proper public process or required notice to the Legislative. According to the lawyers, when the program was funded by the Legislature, the agency in charge was required to provide lawmakers with a 90-day notice before implementing any changes. As the plaintiffs contend that this notice was not given, they aim to prevent the cap and waiting list from being instituted without the required 90-day notice.

Governor Healey responded to the criticism, stating that the state is not abandoning the right-to-shelter law but is faced with limited shelter capacity. She explained that the state lacks sufficient physical space, shelter providers, service providers, and funding to meet the current demand. Healey highlighted that 40 to 50 new families are requesting shelter each day, with the spike in demand being attributed to an influx of migrants.

Kelly Turley, the director of the Massachusetts Coalition for the Homeless, criticized the proposed cap, deeming it artificial and potentially forcing families to make difficult choices. She noted that families who are ineligible for shelter often end up in unsafe places, doubling or tripling-up with family or friends, seeking refuge in hospital emergency rooms, or even staying in cars and campgrounds.

In a parallel development, Edward Augustus, the state's secretary of housing and livable communities, issued a declaration finding the current rate of expansion in the emergency shelter program unsustainable. This declaration aids in the establishment of the wait list and the cap on new families. Governor Healey emphasized that the lack of affordable housing in the state is a larger problem and recently introduced a $4 billion bill aimed at creating more affordable homes.

On Monday, Governor Healey also announced that the state is collaborating with federal officials to assist migrants in applying for work authorization permits and moving out of the shelter system. Massachusetts House Speaker Ronald Mariano, a Democrat, stated that although the House has no plans to amend the 1983 right-to-shelter law, they are continuously assessing the need for additional funding.

Currently, the enrolled families are spread across approximately 90 cities and towns in Massachusetts, occupying various facilities ranging from traditional shelters to temporary sites like college dormitories. A ruling on whether the Healey administration can implement the cap and wait list without the 90-day notice is expected as early as Wednesday.