Lawsuit Against New UWS Shelter Dismissed, City Says

UPPER WEST SIDE, NY — A new homeless shelter on the Upper West Side is one step closer to full occupancy following the dismissal of a lawsuit seeking to block the facility from opening, according to court records and city officials.

New York Supreme Court Justice Lyle Frank ruled against a lawsuit filed by neighborhood group Neighborhood in the Nineties and permanent residents living in the shelter building that argued the shelter violates zoning regulations and is larger than city laws allow. Frank also ruled against the group's argument that the city's "fair share" analysis for the site was flawed.

The city Department of Homeless Services will run a 110-unit shelter at 306 W. 94th St. that will accommodate 220 homeless adult families. Homeless adult families consist of two people who are related to each other and examples include couples struggling to make ends meet or somebody caring for an elderly relative, a DHS spokesman said. The building currently meets DOB requirements for occupancy, the spokesman said.

"This ruling is a win for families experiencing homelessness who will now have the opportunity to get back on their feet at this high-quality shelter. With the court’s recognition of our vital need for these beds, we are proceeding with moving additional families into 306 W. 94th St. as soon as possible so that they have the same opportunity to stabilize their lives as the families already residing at this location," DHS spokesman Isaac McGinn said in a statement.

There are six permanent residents living in the West 94th Street building, four of whom were plaintiffs in the lawsuit against the city, according to court records. These tenants will not be displaced or evicted by the city, a DHS spokesman said. The nonprofit service provider at the shelter, a nonprofit called Praxis, has offered to meet regularly with tenants to discuss their concerns.

The opening of the new shelter on West 94th Street allowed the city to close the troubled Freedom House shelter located just blocks away on West 95th Street between West End Avenue and Riverside Drive. Neighborhood in the Nineties had previously sued the city in an attempt to have that shelter shuttered.

Neighborhood in the Nineties and residents of the shelter building weren't the only forces advocating against the new shelter. Community Board 7 overwhelmingly passed a resolution in December to oppose the new shelter. The board's resolution requested that the city select an alternative site to relocate Freedom House.

The West 94th Street shelter is part of Mayor Bill de Blasio's "Turning the Tide" plan to tackle homelessness in New York City, city officials said. That plan calls for the creation 90 new homeless shelters in various neighborhoods around the city. The West 94th Street shelter was the 22nd new shelter announced as part of the initiative. A similar lawsuit attempting to block a new shelter near Midtown Manhattan's "Billionaire's Row" was recently dismissed.