The city can move forward with its plan to relocate a group of homeless men from the Upper West Side Lucerne Hotel to a downtown hotel, an appellate court ruled Thursday.
The city’s plans to move some 200 homeless men at the Lucerne to a Radisson hotel downtown has been repeatedly stalled, thanks to an October lawsuit filed by downtown residents that’s been winding its way through the courts.
Three formerly homeless Lucerne residents also sought to stop the transfer and appealed a lower court ruling allowing the city to go forward with the move.
But on Thursday, the Appellate Division, First Department said the appeal was moot since the three men “have all moved out of the Lucerne and secured separate housing,” according to the ruling.
The decision clears the way for city’s original plan to move forward.
But the city’s Department of Social Services Thursday said that the remaining 68 Lucerne residents will be included in a larger plan to return homeless people to shelters rather than the short-term COVID-period hotels.
“We appreciate the courts affirming our decision-making and strategic planning, especially with regards to shelter capacity and protecting health and safety of the New Yorkers we serve during this emergency period,” the DSS said in a statement.
“Given that the City is developing an overall plan to return to shelter from these COVID-period hotels, with more details coming soon, as the Mayor has said, the Lucerne will be phased out as part of that return-to-shelter plan and these individuals will be included in that plan, rather than relocating twice in a short time period,” DSS said.
The DSS did not specifically comment on how, if at all, the downtown Radisson would be used.
“The city is gratified that the Appellate Division recognized the appeal is moot,” the city Law Department said in a statement.
Michael Hiller, a lawyer for the three men, said he was disappointed with the ruling but noted that their case paused the relocation plan long enough for 100 of the Lucerne residents to find homes.
Hiller also said it was a victory that the city and Democratic mayoral candidates are “talking about affordable housing, its relationship with racial and social injustice, institutional economic inequality and bringing about citywide change.”
“Notwithstanding this unfortunate ruling, we won critical victories along the way that have already made a world of difference,” Hiller said in a statement. “So, while we may have lost this battle, we are winning the war.”
Randy Mastro who represents WestCo, an UWS organization that supported the relocation of the homeless men, said in a statement: “We are gratified by today’s decision putting an end to this sad litigation saga.
“WestCo’s goal has always been to see the men get the services they need. Now that will happen and that’s a good thing for all concerned.”