NYS Supreme Court Judge Thomas Zugibe ruled on Oct. 17 that New York City’s attempt to send 340 migrants to the Armoni Hotel in Rockland County “lacked communication and planning and failed to follow NYS laws required for setting up a shelter.”
Rockland County had sued in May to block the migrants from moving into the hotel, and Judge Zugibe agreed to a restraining order prohibiting New York City from sending migrants to Rockland County without seeking agreement and approval from Rockland County. “The best use of government resources here is not arguing in court, but rather, working together to fashion a plan to account for the safety and well-being of everyone involved. Sadly, that proved an impossible feat,” writes Judge Zubige.
“Taking NYC’s and Palisades Estates’ positions to their logical conclusions – any social services district could transfer untold numbers of people to any other social services district within the state at its sole discretion, without any planning or coordination between the municipalities concerned. To this end, NYC actually urges this Court to conclude that any municipality in which the recipient social services district is located has no standing to challenge a transfer allegedly effectuated in violation of the applicable law and regulations,” Zugibe wrote. “This argument is more than staggering – it defies common sense and would lead to an absurd result.”
“The Armoni Inn is situated in a densely populated area near two colleges, a senior citizens residential facility and a high school.”
“Without a preliminary injunction of this nature in place, nothing prevents NYC Respondents from unilaterally selecting other locations within Rockland County to be used as shelters without first consulting with the appropriate local officials for purposes of planning and coordination,” he said. “Further, without this preliminary injunction in place, the Court has little to no faith that NYC Respondents will communicate with Rockland County officials before dropping off potentially hundreds of individuals at any location NYC Respondents deem appropriate,” writes Judge Zugibe.
The Judge’s decision, which will be appealed by NYC, will have implications for other neighboring counties who have passed similar laws, including Putnam County. Putnam County Executive Kevin Byrne signed a new “Homeless Shelter” law that prevents outside governments, like New York City, from housing its homeless and migrant population in temporary residences or motels, without first entering into a shared services agreement with Putnam County.
“The City of New York’s attempts at unilateral action are disrespectful of the people and local governments in Rockland County. The city government can do what it likes within its own borders, but it must show some regard for the people, governments, and laws of this County if it wants to open operations here, whether it is a shelter or its new voucher plan,” said Rockland County Attorney Thomas Humbach.
