New York City, under the leadership of Mayor Eric Adams, is seeking to suspend its long-standing obligation to provide shelter to anyone who asks for it. The city filed court documents on Tuesday night, asking for a temporary suspension of the 1981 consent decree known as the right to shelter. This decree, a result of a lawsuit that required the city to provide a bed to any homeless man who asked for one, has been in place for over 40 years.

The city's request comes in light of the ongoing migrant crisis, with approximately 117,000 mostly jobless, struggling, and traumatized people currently under the city's stewardship. The Adams administration argues that the city has already reached the limit of its resources and has exhausted over $2 billion in opening 210 emergency sites. They contend that the right-to-shelter decree restricts the city's “flexibility” to handle the crisis and are asking for the suspension specifically for single adults during designated emergencies.

However, the argument is met with confusion and concerns from advocates and experts. The city has already relaxed many rules related to accommodating homeless individuals, and advocates recognize the exceptional circumstances created by the influx of displaced people to the city. Joshua Goldfein, staff attorney at the Legal Aid Society, states that "all the things in the decree about what a shelter should look like - how many feet there ought to be between beds - are out the window." It remains unclear how the city would proceed if it were not legally required to comply.

Despite the challenges, the city has taken impressive actions to address the crisis. Mayor Adams recently announced an expansion of a housing voucher program that allows New Yorkers in the shelter system to use a city-administered subsidy toward rent anywhere in the state, rather than being limited to the five boroughs. However, this expansion faced objections from rural and suburban counties, highlighting the reluctance of other local governments to help.

Governor Kathy Hochul could potentially override this resistance, but she has not shown interest in doing so. In a previous address, Governor Hochul stated, "We cannot and will not force other parts of our state to shelter migrants." This lack of support from other local governments adds to the challenges faced by New York City in handling the influx of migrants.

Progressives have long been concerned about the potential dismantling of the right to shelter, especially since the arrival of the first busloads of migrants last year. The right to shelter has been challenged multiple times over the decades, but the courts have consistently upheld it. During the Giuliani and Bloomberg years, aggressive attacks on the right to shelter were repelled, ensuring that families with children were also protected.

The right to shelter has its roots in the late 1970s when lawyer Robert Hayes noticed homelessness increasing in New York City. He successfully argued in court that homeless individuals were legally entitled to shelter under a clause in the state constitution. The consent decree was signed in August 1981, requiring the city to provide shelter to homeless men. Subsequent litigation extended this right to women and eventually to families with children.

The city's understanding of homelessness, even among seasoned Democratic politicians, often falls short. Bill Clinton recently emphasized the need for migrants to obtain work permits quickly, ignoring the fact that 40% of the city's homeless population is already employed. Revoking the right to shelter would not make migrants disappear but would instead lead to an increase in street homelessness and the formation of encampments, as seen in cities like Los Angeles and San Francisco.

In seeking to suspend the right to shelter, Mayor Adams argues that the city's current circumstances are extraordinary and that the decree was never intended to apply to such situations. However, critics view this move as a significant attempt to roll back protections for both new arrivals and longer-term New Yorkers. The Legal Aid Society and the Coalition for the Homeless strongly oppose the city's actions, warning that street homelessness would reach levels unseen since the Great Depression.

Mayor Adams is leaving on a four-day trip to Latin America to witness the flow of migrants at the Darien Gap and discourage asylum seekers from traveling to New York City. He has been urging President Biden to declare a federal emergency and provide significant federal funding to support the city. While Adams emphasizes that the borders should remain open, he calls for a decompression strategy to properly handle the volume of arrivals.

The legal battle over the right-to-shelter mandate has been ongoing for months. The city previously requested changes to the mandate in May. The Biden administration's announcement of granting work permits to Venezuelan migrants has further complicated the issue. In their letter to the court, the city argues that it should be relieved of its obligations when the number of homeless people seeking shelter increases significantly within a certain time period, as long as it is not a housing emergency.

The city's proposed changes not only impact single adults seeking shelter but also raise concerns about the well-being of families with children. Critics worry that this move will put families in harm's way and potentially lead to placing mothers and children in group shelters.

Despite ongoing criticism from both advocates and federal officials, Mayor Adams continues to assert that the cost of providing services to migrants is mounting and will force cuts to programs that assist New Yorkers in poverty. He plans to use his trip to Mexico, Ecuador, and Colombia to communicate the challenging conditions migrants would face in New York City and discourage them from coming.

As the legal battle ensues and the city grapples with the migrant crisis, the fate of New York City's right to shelter hangs in the balance. The outcome will undoubtedly have significant implications for both the city's homeless population and the ongoing debates surrounding immigration and humanitarian assistance.