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NYC’s ‘Right To Shelter’ Rule Could End As Migrant Surge Continues

As migrants continue to enter New York City, Mayor Eric Adams wants the “right to shelter” rule revised, the New York Post reports.

The Adams administration is preparing to argue in court that the rule, a legal requirement to provide housing to anyone who requests it, dating back to the 1980s, doesn’t apply to the circumstances related to the current migrant influx.

“These people are paroled into the country that has nothing to do with it,” Adams said during a January 2 press conference. “While they’re here, we are obligated [to provide housing], and that’s why we’re in court saying that the right to shelter should not have an impact on this migrant crisis. This is a real problem.”

Under the rule, the city has been forced to house over 161,000 asylum seekers seeking shelter since spring 2022. The legal battle started with private mediation; no court date has been set yet. However, migrant advocacy groups hope both sides can come to an agreement.

A majority of migrants have flocked to the East Village neighborhood’s former St. Brigid’s Catholic School on East 7th Street, according to The City. In December 2023, dozens who waited in line were given a wristband with a number and a date to indicate how many people were before them in line. The wait for cots prompted a call to emergency shelters, which gave migrants almost a week to secure one.

With temperatures dropping in the city, many were forced to bare the NYC winter cold by sleeping on the streets.

“Why is the government letting us sleep in the streets?” said Bryan Arriaga, 19, of Mexico. “With this cold, it’s really ugly. I want a place to sleep, a place to bathe, a place to lie down, sleep like eight hours. I’m really stressed. I’m sad.”

To date, close to 70,000 asylum seekers are being cared for by the city in more than 200 makeshift shelters. As Texas Governor Greg Abbott keeps shipping migrants to “sanctuary cities,” lawmakers argue the “right to shelter” rule makes the city appealing over other cities.

Gov. Kathy Hochul (D-NY), who once pushed back on the mayor wanting to tweak the rule, is now defending her colleague. “We do not have the ability to house the entire world,” she said.

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