Judge Temporarily Blocks Opening Of Crown Heights Homeless Shelter

CROWN HEIGHTS, BROOKLYN — A judge on Friday temporarily blocked the opening of a controversial homeless shelter in Crown Heights that would house men over the age of 61.

Judge Paul Wooten in Brooklyn Supreme Court issued a temporary restraining order that will prevent New York City, the Department of Homeless Services and CORE Services Group from moving anybody into the shelter at 1173 Bergen St. through Tuesday, when another hearing will be held.

Wooten said the city was "vague and unspecific" about what reviews were left to complete about the site and said a delay of a few days would not hurt the city's efforts to get the shelter ready for opening. Brooklyn Supreme Court Judge Katherine Levine will hear arguments Tuesday, and a ruling in favor of the residents then could have a significant effect on Mayor de Blasio's recently announced plan to curb homelessness in the city.

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The shelter is one of 90 that Mayor Bill de Blasio plans to open in the next five years and is one of three planned within a 1-mile radius in Crown Heights and Prospect Heights. Another of those three, at 174 Prospect Place, is already open and serves women with special needs.

The Bergen Street shelter was originally scheduled to open Wednesday, March 22. Two block associations and 28 Crown Heights residents sued to temporarily bock the opening of the Bergen Street shelter, saying that several city and state reviews have not been completed and that the neighborhood was already unfairly over saturated with shelters.

"We are very encouraged by today's temporary restraining order," Jennifer Catto, president of the Dean Street Block Association and one of the plaintiffs, told Patch outside the courtroom. "This is a small step in holding the city accountable."

BACKGROUND: Crown Heights Homeless Shelter Court Hearing Friday, Possible Opening Next Week

"Despite today’s ruling, we are opening this site next week so that we can provide shelter to homeless seniors from the community," Isaac McGinn, a spokesman for the Department of Homeless Services, told Patch. "We are confident that the court on Tuesday will recognize our vital need for these additional beds and intend to move clients in as soon as possible so that they can stabilize their lives."

Brooklyn attorney Jacqueline McMickens, representing the residents, conceded in court Friday that the city's lengthy Uniform Land Use Review Procedure was not necessary in this case.

But it was unclear during the hearing whether the shelter has gone through a review of the city's "Fair Share" act, which governs where municipal facilities, including homeless shelters, can be placed. It was also unclear if a state environmental review of the site has been completed.

Amy McCamphill, a city attorney, told the judge those reviews were "underway" and the shelter could still open "next week." She said "the shelter will open when those reviews are completed."

After the hearing, though, DHS said it had, in fact, completed the Fair Share analysis and the Environmental Impact analysis, and it will make those public Monday, along with a temporary certificate of occupancy.

"This facility to house men is not necessary," McMickens told Patch, previewing her argument on Tuesday. "There are other uses to this facility. And 104 men added to the already 1,800 beds they have (in Crown Heights) is just unfair."

"I believe that we have enough data to very clearly demonstrate that not just this procedure is wrong but that the siting process that’s required by the fair share criteria, which is part of the city charter, has not been followed by the city," Catto said.

Image via Marc Torrence