Appeals court paves way for homeless shelter in Billionaires Row

Publish date: 2024-08-20

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Mayor Bill de Blasio’s planned homeless shelter smack in the middle of Midtown Manhattan’s “Billionaires’ Row” can proceed, New York’s highest court has ruled.

A group of local residents had successfully stalled the proposed shelter at West 58th Street’s former Park Savoy Hotel with various court challenges for the past three years, arguing that placing it in the century-old building would be a safety hazard.

A lower appeals court previously ruled that a hearing was needed to determine whether the shelter would be up to safety and welfare standards — but the New York Court of Appeals said in a decision Thursday that no such meeting was required. 

The new ruling marks the end of the line for the lawsuit since there is no higher court to appeal to New York and it doesn’t involve a federal issue — a requirement to get to the US Supreme Court. 

The decision means that the homeless shelter will be back to back with One57 — the city’s most expensive high-rise, where computer tycoon Michael Dell has a $100 million condo.

The homeless shelter is set to open at West 58th Street’s former Park Savoy Hotel. Daniel William McKnight for NY Post

“I think people are going to sell and leave,” said Erjon Pellumba, a neighborhood resident of 20 years and the dad of two young kids, to The Post on Friday.

 “We hear what goes on at other places — like fighting and drug use, and we don’t want it here.”

A superintendent of a building adjoining the site of the planned shelter for 150 men added, “Everybody I talk to — nobody is happy.

“You might see people peeing outside. It’s just not going to be good,” the super said. “Even now, I’m seeing people sleeping on the sidewalk. They are drunk. This is going to make it even worse.

Residents sued in 2018 to stop the construction of the homeless shelter, saying that a shelter at the Park Savoy Hotel would be a safety hazard. Matthew McDermott for NY Post

“If they come here, people are going to move out,” he said. “These [surrounding] apartments are more than a million dollars for a two-bedroom apartment. You spend a lot of money to live here, and now you bring them here? 

“Why didn’t de Blasio bring them to his house?” 

But city officials rejoiced in the ruling.

“We appreciate the court’s affirming the city’s determination to provide New Yorkers experiencing homelessness with shelter at this site and look forward to opening our doors at this location as soon as possible,” said Department of Social Services spokesman Isaac McGinn in a statement.

The NY Court of Appeals found that a lower appeals court “erred” in sending the case back for a hearing to determine whether the shelter would be up to safety and welfare standards. Robert Miller for NY Post

“We’re confident that working together with our vital not-for-profit social service provider partners and neighbors, through support and compassion, our clients will be warmly welcomed as they get back on their feet here, and we will make this the best experience it can be for all during these challenging times,” McGinn said.

City Law Department rep Kimberly Joyce added, “This decision clears that path for opening a resource-rich shelter that New Yorkers desperately need. We are pleased that the Court applied core principles of administrative law to bring this misconceived lawsuit to an end.”

But Suzanne Silverstein, the president of the West 58th Street Coalition Inc., which filed the lawsuit, said the ruling “ignores evidence that could result in tragedy, putting shelter residents, first responders and the community in real danger.”

Silverstein said experts have called the building a “fire trap” and claimed that the city hasn’t brought it up to modern safety standards.

“Unfortunately, the city and Court of Appeals have determined that high safety standards do not apply to the homeless,” Silverstein alleged.

She said the coalition is now calling on the state Office of Temporary and Disability Assistance to conduct an independent fire safety audit of the proposed shelter.

Additional reporting by Julia Marsh

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