“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.”
Hear stories from homeless New Yorkers living in NYC shelters.
Article XVII of the New York State Constitution formed the basis of the argument made by the founders of the Coalition for the Homeless when they filed the Callahan v. Carey lawsuit: New York has a legal obligation to provide basic shelter to anyone who lacks a safe place to sleep.
On December 5, 1979, while this lawsuit was still being argued, the New York State Supreme Court issued its first injunction ordering the City and State to provide shelter for homeless men – the first milestone in a series of critical victories by the Coalition and The Legal Aid Society that later extended the right to shelter to single women and to families with children.
Today, on the 43rd anniversary of that first ruling and 41 years after the Callahan consent decree was ultimately signed, we celebrate the landmark ruling that has saved more than a million New Yorkers from the perils of living unsheltered on the street and in the transit system.
December 5th has thus been designated as “Right to Shelter Day” and is when we acknowledge the tremendous impact of this critical right.
The need has never been greater: Tonight alone, more than 60,000 people, including roughly 19,000 children, will sleep in the main NYC shelter system. The right to shelter ensures that no one in New York City has to spend a single night without a safe place to sleep.
Listen to homeless New Yorkers discuss what the right to shelter means to them here.
New York City is the only place in the country with such a robust right to shelter, which is why we do not have the massive and heartbreaking tent encampments commonly found in so many other large cities.
A shelter is of course not a permanent home, and so the Coalition consistently advocates for deeply subsidized affordable and supportive housing as the only sensible long-term answer to modern mass homelessness. But for those who do find themselves without a home, the guarantee of a safe, warm place to sleep at night provides the necessary foundation to help them get back on their feet. As harsh winter weather descends upon the city, the right to shelter guarantees lifesaving protection from the elements for our homeless neighbors.
On Right to Shelter Day, we encourage you to learn about this important legal milestone and hear from some of the adults and children who have benefitted from this vital safety net.
Thursday, December 5, 2019 By Shela, Watch the Video
Thursday, December 5, 2019 By Ken, Watch the Video
Wednesday, December 5, 2018 By Felix, Watch the Video
Wednesday, December 5, 2018 By Davita, Read more
Wednesday, December 5, 2018 By Maureen, Watch the Video
Wednesday, December 5, 2018 By Ken, Read more
Wednesday, December 5, 2018 By KB, Read more
Wednesday, December 5, 2018 By JM, Read more
Wednesday, December 5, 2018 By KC, Read more
Wednesday, December 5, 2018 By KJ, Read more
Tuesday, December 5, 2017 By Rhonda, Watch the Video
Tuesday, December 5, 2017 By Madge, Watch the Video
Tuesday, December 5, 2017 By Charmaine, Read more
Tuesday, December 5, 2017 By Angela, Watch the Video
Tuesday, December 5, 2017 By SSM, Read more
Tuesday, December 5, 2017 By Kenneth, Read more
Tuesday, December 5, 2017 By Kevin, Read more
Monday, December 5, 2016 By Mike, Watch the Video
Monday, December 5, 2016 By Francenia, Read more
Monday, December 5, 2016 By Stephanie, Watch the video
Monday, December 5, 2016 By Louis, Read more
Monday, December 5, 2016 By MH, Read more
Monday, December 5, 2016 By Jennira, Read more
Monday, December 5, 2016 By Lamont, Read more
Saturday, October 27, 1979 By The City, The New York Times
A judge refused to dismiss a lawsuit that seeks to force city and state officials to provide shelter for derelicts during winter....Read more
Wednesday, December 5, 1979 Read the Decision
Following is the text of the December 5, 1979, decision in Callahan v. Carey, the class action litigation brought by Coalition for the Homeless that established a legal right to shelter for homeless individuals in New York City....Read more
Sunday, December 9, 1979 By Charles Kaiser, The New York Times
A State Supreme Court justice in Manhattan has ordered the city and the state to create 750 new beds for the “helpless and hopeless men of the Bowery.”...Read more
Wednesday, April 30, 1980 Read more
The Callahan v. Carey amended complaint addressed horrible conditions experienced by 10K+ homeless men in 1979-80...Read more
Monday, August 3, 1981 Read the decree
Following is the complete text of the 1981 consent decree in Callahan v. Carey, the class action litigation brought by Coalition for the Homeless that established a legal right to shelter for homeless individuals in New York City....Read more
Thursday, August 27, 1981 By Robin Herman, The New York Times
New York City must provide clean and safe shelter to every homeless man who seeks it, according to an agreement signed in State Supreme Court yesterday by city and state officials and a lawyer for six homeless men who sued for that commitment nearly two years ago....Read more
Monday, August 31, 1981 The New York Times
Under terms of the agreement, the city and the state will provide clean and safe shelter for every homeless person who asks for it. The agreement also bans overcrowding at the city's expanded shelter on Wards Island, at a large shelter in the Catskills and at Bowery hotels where men are sent after processing at the Men's Shelter....Read more
By ESCR-Net, Read more
Cases of severe hypothermia and death among homeless dropped dramatically after the decree....Read more
Monday, February 1, 1982 Read more
In February 1982, a new case was brought on behalf of homeless women, Eldredge v. Koch. The New York State Supreme Court ruled that the Callahan decree must be applied to shelters for homeless women....Read more
Tuesday, December 20, 1983 Read more
On appeal, the Appellate Division ruled that more evidence was needed on the question of specific violations (the City reduced shelter capacities and increased plumbing facilities after the case was filed), but affirmed that the Callahan decree applies to homeless women. ...Read more
By Coalition for the Homeless, Safety Net Newsletter - Autumn 2004
"Homelessness reveals a gaping schism in the principle of justice in New York City where we certainly have the expertise and resources to fulfill the right of people to housing” - Ellen Baxter ...Read more
Read more
Since 1981, the Coalition for the Homeless has fought to make sure the city honors the legal right to shelter and ends unsafe & inhumane practices....Read more
By Jacquelyn Simone, Coalition for the Homeless
The right to shelter was established in 1979, when the lawyer Robert Hayes teamed up with Kim Hopper, Ellen Baxter and other activists to bring a class-action lawsuit on behalf of homeless New Yorkers (and to found the Coalition for the Homeless). ...Read more
By Coalition for the Homeless, Read more
The landmark victory in the 1979 lawsuit Callahan v. Carey paved the way for further legal victories that ensured the right to shelter for homeless men, women, children, and families in New York City....Read more
By Matthew Hamilton, The Times Union
"There is a constitutional obligation in New York to provide aid and care for those in need, particularly during cold or inclement weather, and this has not changed since last year," Cuomo spokesman Rich Azzopardi said recently. ...Read more
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• Learn about easy actions you can take to support homeless New Yorkers today.
• Read our full advocacy library or browse our comprehensive reports and policy briefs – including our 2022 State of the Homeless report – which analyze a wide range of issues involving homelessness, including affordable housing policy, family homelessness, mental health care, government benefits, and the New York City shelter system.
More than 40 years ago, the Coalition for the Homeless won the legal right to shelter in NYC in the landmark case Callahan v. Carey. Since then, it is estimated that over a million homeless New Yorkers have been given a way off the street.
