Homeless men can stay at Lucerne Hotel on UWS pending appeal, court rules

UPPER WEST SIDE, Manhattan — Homeless men living at the Lucerne Hotel on the Upper West Side now have the option to stay there until an appeal is heard in the ongoing case over whether the city can relocate them to a hotel in Lower Manhattan.

A state appeals court announced the decision Tuesday.

The appellate court’s ruling means the city cannot force homeless residents to move to the Radisson Hotel in the Financial District while the case is considered, but allows the city to relocate any residents who wish to move.

The decision is the latest in a months-long legal dispute surrounding the city’s homeless shelter at the Lucerne Hotel.

The men began living there as part of the city’s efforts to reduce population in shelters because of the coronavirus pandemic.

After the shelter riled some residents of the community who raised quality-of-life concerns, the city announced it would relocate the shelter residents to the Radisson. City officials have said a move downtown would allow the homeless men access to on-site services and medical care.

However, that decision was met with backlash from some of the shelter residents as well as a group of Lower Manhattan residents.

In October, Lucerne shelter residents requested an emergency hearing for a temporary restraining order that would prevent them from being moved to the Radisson. The group of Lower Manhattan residents filed a separate lawsuit over the plan to relocate homeless New Yorkers to their neighborhood.

A judge ruled in November that the city could relocate Lucerne homeless shelter residents, however, the case is now going through the appeals court.