Electeds, Candidates, UWS OHI, Lucerne Residents: "BdB: Stop Fighting the Lucerne, Open Up Beds Downtown"

A five-judge panel of the Appellate Court of New York unanimously granted a 6+ month stay on behalf of three homeless residents at the Lucerne

NEW YORK, NY (01/06/2021) (readMedia)-- Today, Upper West Side Open Hearts, Lucerne resident and advocate Da Homeless Hero, Public Advocate Jumaane Williams,Manhattan Borough President Gale Brewer, State Senators Brian Benjamin and Brad Hoylman, Assmeblymember Linda Rosenthal, Council Members Helen Rosenthal and Ben Kallos, Former Borough President Ruth Messinger, Mayoral candidates Maya Wiley, Shaun Donovan and Dianne Morales, and Michael Hiller, the lawyer representing the three Lucerne residents, celebrated the recent Appellate Court's decision to allow the Lucerne residents a long term stay, and demanded Mayor de Blasio halt this move once and for all and open up the Radisson to those in need during the winter.

WATCH here.

The court's decision guarantees that the city cannot forcibly transfer any Lucerne resident until the appeal is resolved, which could take 6 months or longer. Final paperwork for the appeal is due in May, after which court hearings would need to be held.

"When this all started we knew we would need to fight fear and fight misinformation, but we never imagined we would have to fight City Hall," said UWS Open Hearts co-founder Corinne Low. "The Mayor has taken the side of fear and prejudice and has been fighting to displace these residents since September. Enough is enough. Now that the appeals court has granted long-term relief, we can continue our work building a community that is safe, welcoming, and equitable for all, not just the privileged. And we hope to bring this work to other communities to say 'yes to compassion in our backyards.'"

"We are so grateful that the Appellate court recognized it would be detrimental to force our relocation from the Lucerne, and in doing so considered our humanity and wellbeing over those who showed no concern for us," said Lucerne shelter resident and advocate Shams DaBaron, aka Da Homeless Hero. "We still hope the Mayor and the First Lady will come here in person, see the great services happening at the Lucerne and call off this irrational move once and for all. We hope our success here -- working together with the permanent community -- could be used as a model for shelters across the City."

The Mayor and First Lady have not responded to requests to visit the Lucerne. Other cities, like San Francisco, have extended the use of hotels as shelters during COVID-19. Goddard Riverside has also sponsored a comprehensive jobs program for Lucerne residents that the court recognized would be eliminated by a move. As the Mayor has pushed to move Lucerne residents downtown, advocates say that the city has been slow to open hotel beds to those who need shelter during winter, losing critical time. "Every day that the Radisson sits practically empty while the Mayor holds it open to fight this futile court battle with taxpayer money is a day that lives could be saved by offering hotel rooms to people experiencing street homelessness," added Low.

"This is a huge victory, not only for the men of the Lucerne, but for homeless residents throughout the City. This lawsuit started after a small group of wealthy Upper West Siders hired a politically-connected lawyer to forcibly evict homeless residents from their community. The trial court had dismissed the proceeding to block the move, ruling that homeless residents have no right to challenge their forced relocations, even if undertaken for invalid reasons. Today, the Appellate Court ruled that, not only can the men of the Lucerne remain there, at least pending the appeal, but further, those who want to leave may also do so. In this way, today's decision, though temporary, is truly empowering to homeless residents who are fighting for their right to be heard and ultimately, for their dignity," said Michael Hiller, the lawyer representing the three Lucerne residents who sued the city to stop the move.

"This ruling provides some relief and stability for people who have had none, whose fate still hinges on court cases and whether the Mayor will continue this senseless push to remove the men of the Lucerne Hotel in the middle of a cold winter and spiking pandemic. The city's effort is not rooted in stability, security, or a solution to the housing and homelessness crisis our city faces. The administration must not continue its attempt to placate a few privileged individuals by displacing homeless New Yorkers – it cannot further victimize people in need in order to disguise its own failures," said NYC Public Advocate Jumaane D. Williams.

"In the time that this legal battle has wended its way through the courts, dozens of men living temporarily at the Lucerne have been placed in permanent housing. Still others have stabilized their lives and found a cherished community of support on the West Side. As the men experiencing homelessness continue receiving services necessary to get back on their feet, it is vital that we do not undermine their progress. People are not pawns, and our housing and homelessness policies must recognize the humanity of those experiencing homelessness," said Assemblymember Linda B. Rosenthal (D/WF-Manhattan).

"We commend today's Appellate Court decision which blocks City Hall from uprooting the men staying at the Lucerne. Mayor de Blasio retains the power to drop the City's lawsuit entirely, and I urge him to do so. It is resoundingly clear that moving human beings from place to place as if they were pieces of furniture is never acceptable. Our fundamental public policy priority should be to end homelessness once and for all. As a first step, this means that New Yorkers struggling to overcome homelessness and substance addiction deserve consistency and support, not chaos and hostility," said Council Member Helen Rosenthal (Manhattan, District 6).

"The middle of winter in the middle of a public health crisis is no time for anyone to lose their living situation. I am so glad to hear that compassionate voices have prevailed and the appellate court has granted a stay for homeless residents at the Lucerne, blocking their forced relocation. This is an affirmation of the hard work being done by activists on the Upper West Side and across the city, and by organizations like Goddard Riverside. We know that our city is strongest when everyone feels welcome, safe, and home," said State Senator Brian Benjamin.

"Congratulations to Shams DaBaron and all the residents of the Lucerne, Open Hearts Society and the countless supporters who helped achieve this monumental court victory. It's time the city stops fighting to disrupt these men's lives and invests in real permanent housing. I joined this lawsuit as an expert witness because I know first-hand that we can solve homelessness. As President Obama's HUD Secretary, I led the national strategy that reduced street homelessness by a quarter across the country and ended veteran homelessness in more than 80 cities and states. This win proves that we need leadership that will bring all New Yorkers together to reimagine the right to shelter in New York City as a right to housing," said Shaun Donovan, NYC Mayoral Candidate and Former US HUD Secretary and OMB Director under President Obama.

Background:

In late July, clients of Project Renewal were placed at the Lucene after being transferred from another hotel in Midtown. The hotel placements were part of a congregate shelter de-densification plan that saved lives during COVID, but left some 5,500 New Yorkers behind in congregate shelters.

Soon after the move, Bill de Blasio caved to a group of Upper West Siders who started a racist facebook group and raised $150,000 to hire former Giuliani deputy Randy Mastro to kick Project Renewal shelter residents out of the Lucerne. The eviction was initially announced September 9th, with a plan to close the Lucerne and displace disabled adult families at Harmonia shelter and transfer Lucerne residents in. After widespread outcry, the mayor announced the Harmonia residents would remain, but Lucerne residents would still be displaced, this time to the Radisson, a former COVID isolation site. The Mayor's decision to move the shelter has emboldened NIMBYs across New York City to privately fundraise ever-growing sums to keep shelters out of their neighborhoods.

A NY1/Ipsos poll from October found that sixty-two percent of New Yorkers support housing people currently homeless in their neighborhoods. A few weeks ago, 22 former senior officials and aides in the de Blasio administration -- including former Deputy Mayors Alicia Glen and Richard Beury, as well as former DOH Commissioner Dr. Mary Bassett -- wrote an open letter to the Mayor urging him to allow the men to remain at the Lucerne.

Dozens of elected officials and candidates have stood with the men of the Lucerne, including Public Advocate Jumaane Williams, Manhattan Borough President Gale Brewer, former Manhattan Borough President Ruth Messinger, Senators Brian Benjamin, Robert Jackson, Jose Serrano, and Brad Hoylman, AMs Linda Rosenthal, Yuh-Line Niou, and Dick Gottfried, every candidate for Manhattan Borough President, CMs Helen Rosenthal, Ben Kallos, Carlina Rivera, Brad Lander, Steve Levin, Keith Powers, and Mark Levine, Mayoral candidates Maya Wiley, Shaun Donovan, Dianne Morales, and Comptroller Scott Stringer, as well as activists like Cynthia Nixon, Zephyr Teachout, and others.