NYC Homeless Sweeps Class Action Challenges City's Practices

Case Overview: A class action lawsuit challenges New York City's practice of conducting homeless sweeps, alleging they violate the constitutional rights of homeless individuals and cause significant harm.

Who's Affected: Homeless individuals in New York City.

Court: U.S. District Court for the Southern District of New York

The City of New York, Mayor Eric Adams, and several public officials are facing a class action lawsuit that challenges the city's practice of conducting "homeless sweeps" – operations designed to disband outdoor encampments of individuals experiencing homelessness.

Filed by the Urban Justice Center Safety Net Project and several individual plaintiffs who are homeless New Yorkers, the lawsuit alleges that these sweeps violate the constitutional rights of homeless individuals and cause them significant harm.

The plaintiffs argue that the sweeps involve forcibly displacing homeless people and seizing and destroying their personal belongings, often with little to no warning. They claim that this practice causes irreparable harm to this vulnerable population, leaving them without essential items such as warm clothing, medications, bedding, and personal documentation needed to access public benefits, seek employment, and secure permanent housing.

Homeless Encampment Sweeps Harm Individuals, Lawsuit Claims

The city claims that the sweeps, which it refers to as "cleanups," are intended to connect unsheltered New Yorkers with social services, provide temporary storage for their belongings, and dismantle illegal, unsanitary, or unsafe street conditions. However, the plaintiffs argue that these goals are not being met and that the sweeps are instead causing significant harm to homeless individuals.

An audit released by the New York City Comptroller in 2023 showed that of the 2,308 people forcibly removed from encampment sites between March and November 2022, only a tiny fraction stayed in a shelter for more than one day and even fewer secured permanent housing.

The plaintiffs also claim that there is no established process for individuals to reclaim their personal property after it has been seized during a sweep. City workers are accused of indiscriminately throwing belongings into sanitation trucks and compacting them, destroying items that are critical to the survival of homeless individuals.

City's Justification for Sweeps Challenged in Lawsuit

The plaintiffs argue that the city's sweeps cannot be justified by safety or sanitation-related goals, as they often target sites that do not feature structures of any kind and involve the disposal of personal property that does not pose public health concerns.

They charge that the sweeps are inhumane, deeply traumatizing, and unconstitutional. By displacing homeless New Yorkers and forcing them to relocate, the sweeps prevent the formation of community ties, jeopardize employment opportunities, and have a destabilizing effect on their lives, making it even more difficult for them to escape homelessness.

Class Action Seeks to Protect Rights of Homeless Individuals

The class action seeks to represent all homeless individuals in New York City who have had or will have their personal belongings seized and/or destroyed or who have been or will be forced to leave their place of residence during a "cleanup" of a homeless encampment.

The plaintiffs demand that the city cease its practice of conducting homeless sweeps and implement policies and procedures that respect the constitutional rights of homeless individuals. They seek an injunction prohibiting the city from seizing and destroying personal property without due process and from forcibly displacing homeless residents without providing adequate shelter and support services.

They also seek damages for the harm caused by the sweeps, including the loss of personal property and the emotional distress suffered by homeless individuals.

Case Details

• Lawsuit: Urban Justice Center - Safety Net Project et al. v. The City of New York et al.
• Case Number: 1:24-cv-08221
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Natalie Druce and Marika Dias (Urban Justice Center - Safety Net Project)
• Siya U. Hegde (National Homelessness Law Center)
• Keegan Stephan and Luna Droubi (Beldock Levine & Hoffman, LLP)

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