Callahan v. Carey
Callahan v. Carey was a landmark case in the
Background
During the 1970s, the number of homeless people in New York City expanded noticeably. Section I of Article XVII of the
The aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions, and in such manner and by such means, as the legislature may from time to time determine.[1]
Lawsuit
Hayes brought suit in October 1979 in New York County Supreme Court (the trial court for
It was Hayes' first experience trying a case. He argued from the intent of the supporters and drafters of the amendment as represented in documents from the time, and specifically on the word "shall",[1] and presented arguments that the city's Men's Shelter provided insufficient beds and that what shelter was available was unsafe and unhealthy.[3] When arguments ended in late October, Hayes requested an expedited ruling in view of approaching winter.
Justice Andrew Tyler ruled in favor of the plaintiffs on December 5, 1979,
Disputes and court orders arising from Callahan concerned many aspects of the administration of New York City facilities for the homeless.[1] A consent decree negotiated under the court's auspices and finalized on August 26, 1981 recorded the state's obligation to provide "food, shelter, supervision and security"[6] to all homeless men applying. It set standards for shelters and emergency hotel accommodations for which the homeless were issued vouchers, including capacity limits, staff to resident ratios, and specifications regarding beds, bathroom facilities, and additional services, such as mail, telephone, laundry, and secure storage.[5]
It also required the city to report regularly on the state of the shelters to the plaintiffs' attorneys.[3] The consent decree preempted a definitive court ruling on the constitutional right to shelter.[5] In a 2003 appellate court ruling, it was held not to be violated by the withholding of shelter for 30 days to conform with changed welfare rules.[4]
Long-term effects
The case led in New York State to Eldredge v. Koch, decided in December 1982, in which the right to accommodation established in Callahan was extended to homeless women, and McCain v. Koch, decided in May 1986, which extended it to homeless families.
It has been argued that the choice of the courts as the avenue for seeking assistance for the homeless and the failure to involve the poor and minorities led to a system that diverted resources, reduced goodwill, and may have further reduced the supply of permanent housing available to poor families.[7]
Regardless of arguments or good will, one practical effect is New York provides a shelter to a much larger percentage of its homeless population than many other major US cities,[8] (see chart in reference) which was the intent of the ruling.
See also
References
- ^ ISBN 9781250132154.
- ISBN 0-87436-725-5, p. 28.
- ^ a b c d Donna Wilson Kirchheimer, "Sheltering the Homeless in New York City: Expansion in an Era of Government Contraction ", Political Science Quarterly 104.4 (Winter 1989-1990) 607-23, p. 620.
- ^ a b Callahan v. Carey, No. 42582/79, New York Superior Court, New York County; ESCR.net.
- ^ ISBN 978-0-275-99561-4, pp. 113–32, pp. 115–16.
- ^ Sara H. Strauss and Andrew E. Tomback, "Homelessness: Halting the Race to the Bottom", Yale Law & Policy Review 3.2 (Spring 1985) 551–70, p. 554, note 14.
- ^ J. Phillip Thompson, "The Failure of Liberal Homeless Policy in the Koch and Dinkins Administration", Political Science Quarterly 111.4 (Winter 1996-1997) 639–60.
- ^ "L.A. County now has 58,000 homeless people. So why are there thousands fewer shelter beds than in 2009?". Los Angeles Times. September 29, 2017. Retrieved June 14, 2023.