Court Says UWS Homeless Hotel Residents Can Choose To Leave, Stay

UPPER WEST SIDE, NY — A New York appeals court ruled Tuesday that the homeless men living at The Lucerne hotel on the Upper West Side can now choose whether to stay at the neighborhood hotel or relocate to a homeless shelter in the Financial District for the duration of the appeals process in a lawsuit regarding the shelter.

The decision gives the men living at the hotel the right to stay on the Upper West Side over the next few months, something that was previously up in the air before Tuesday's announcement from the court.

The court maintained that the city could not currently force any of the residents to move from the Upper West Side hotel but that the city can help residents who choose to move.

Additionally, the court denied a preliminary motion by downtown residents to stop the use of the Radisson Hotel at 52 William St. as a shelter.

However, the court added that it will now hear more complete arguments over the next few months of the appeal by the Financial District residents and other parties attempting to overturn a previous decision allowing the city to move The Lucerne residents downtown.

The court said the decision will be made around May 2021.

It's unclear what would happen to The Lucerne residents who choose to move to the FiDi shelter should the appeal to stop the move get approved.

"Today's decision means the fraction of the men who choose to remain temporarily housed at the Lucerne pending further litigation will continue to go without on-site medical services and access to crucial addiction services that are in close proximity to 52 William Street," said the West Side Community Organization in a news release.

The group was founded by members of the Upper West Siders for Safer Streets Facebook group that vocally opposed the transfer of homeless shelter residents to the Upper West Side.

"Huge victory for Lucerne residents in court today, as a 5-judge panel extends the interim stay against their forced relocations for the length of the appeal, likely 6 months or longer," the UWS Open Hearts Initiative tweeted, a group that supports and creates services for the men staying at The Lucerne.

"We hope the Mayor will at long last do the right thing, stop spending our tax dollars to fight homeless men in court, and focus on using the Radisson hotel — which has been sitting practically empty — to safely house people sleeping on the streets or still in congregate shelters," wrote co-founder of the group Corinne Low.

This is a developing story, please check back in for updates.