Judge Issues Restraining Order For UES Homeless Shelter

UPPER EAST SIDE, NY — A New York judge approved a temporary restraining order to pause the opening of the 200-bed homeless shelter on the Upper East Side on Thursday, Patch has learned.

The measure acts as a sudden pause on the plan to open the homeless shelter at 1114 First Ave. while the lawsuit proceeds through court.

The shelter, near the corner of East 61st Street, was originally slated for an April opening, but now, the timeline is uncertain following the lawsuit.

As the current plans stand, the new shelter would temporarily house up to 200 women, and roughly 78 percent of them would be employed at any given time. The shelter would be classified as a "general population" shelter, meaning that it won't be a shelter for people with drug addiction or mental illness.

The lawsuit was first filed on March 6 by the condo board of Bridge Tower Place, located at 401 East 60th St. The group is represented by Deborah Riegel, from Rosenberg & Estis.

Hon. Sabrina Kraus, of the Supreme Court of the State of New York, authorized the temporary restraining order on March 12.

The condo board filed the lawsuit against New York City's Department of Homeless Services and its commissioner, Molly Wasow Park, as well as Housing Solutions of New York, which is the organization that would run the site. The Department of Homeless Services and Housing Solutions of New York did not immediately respond to a request for comment, but this article will be updated when they do.

The board filed a special kind of New York State lawsuit called an Article 78 proceeding, which challenges the legality of decisions or actions by government agencies.

Meanwhile, a recently-formed neighborhood group known as the East Side Accountability Alliance has also been organizing against the shelter and is gearing up for a legal fight, as well.

The group has launched a fundraiser for legal costs, which has raised $13,000 so far, and retained an attorney at Goetz Platzer.

As part of the temporary restraining order, Kraus has ordered all legal arguments to be submitted by both parties by March 25.

The temporary restraining order will be lifted when the court makes a decision, as early as March 26, following a review of both arguments.

However, if the judge finds that the plaintiffs have a substantial case, the opening date of the shelter could be pushed back again while the lawsuit proceeds in court.

See the signed temporary restraining order below.

For questions, email Miranda.Levingston@Patch.com.

Correction: This article previously stated that the condo board was represented by Goetz Platzer. It has been updated to reflect that it is represented by Rosenberg & Estis.

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