Every person in New York City has a legal right to emergency shelter — regardless of immigration status, sobriety, mental health status, or any other factor. New York State’s “right to shelter” mandate, established through decades of litigation and codified in court consent decrees, means the city must provide a safe place to stay when someone has nowhere to go. This guide explains your rights, how to access shelter, and what to do if you are denied.
New York City’s Legal Right to Shelter
New York City is one of the only places in the world with a legally enforceable right to emergency shelter. This right traces to the 1979 Callahan v. Carey consent decree and subsequent litigation, which established that the City of New York must provide shelter to all homeless single adults who request it. Separate consent decrees — Eldredge v. Koch for women and McCain v. Koch for families with children — extend the right to all demographics.
In practice, this means:
- If you are homeless and request shelter in NYC, the city must provide it — that same night if you request before a certain hour, or the next morning
- Shelter cannot be denied because of immigration status
- Shelter cannot be denied because of a prior criminal record in most circumstances
- Families with children must be provided shelter within 24 hours of application
- The city must provide shelter that meets minimum standards for safety and habitability
How to Access Emergency Shelter in NYC
For Single Adults
Call 311 and say you need emergency shelter, or go to the Manhattan Assessment Center at 133 East 15th Street (between 3rd Ave and Irving Place). Walk-ins are accepted. The intake process includes an interview and eligibility assessment. If eligible — which virtually all homeless adults are — you will be placed in a shelter that night or told to return the next morning if intake closes.
Shelter placement may not be in the borough you prefer, particularly for first-time entrants. This can be challenged — tell the intake worker if proximity to employment, medical care, or family is critical.
For Families with Children
Families must apply at the Prevention Assistance and Temporary Housing (PATH) Center at 151 East 151st Street in the Bronx. PATH is open 24 hours a day, 7 days a week. Families undergo an eligibility determination (typically a multi-day process) and must demonstrate that they have no other housing option available.
If your family is denied shelter at PATH, you have the right to an immediate review. Contact the Legal Aid Society’s Homeless Rights Project at (212) 577-3300 if your family is denied.
For Individuals Fleeing Domestic Violence
Call the NYC Domestic Violence Hotline at 1-800-621-HOPE (4673) for immediate help accessing a confidential domestic violence shelter. DV shelters are separate from the general shelter system and not run by DHS. Locations are kept confidential for safety.
For Youth Under 25
Young people under 25 have access to dedicated youth shelter programs through the NYC Department of Youth and Community Development (DYCD). Call the NYC Youth Connect line at 1-800-246-4646 for a referral to a youth-specific shelter, drop-in center, or transitional housing program.
Warming Centers During Extreme Cold
During severe cold weather, NYC activates Code Blue — a protocol requiring the city to provide transportation and shelter for any homeless person outdoors in dangerous temperatures. When Code Blue is activated:
- The city deploys outreach teams to find and transport homeless individuals to shelter
- Warming centers open at community locations across all five boroughs
- Anyone can call 311 and request a warming center location or request outreach for themselves or someone they see outside
Warming center locations are updated in real time at nyc.gov/warmingcenters and via 311.
Cooling Centers During Extreme Heat
During heat emergencies, NYC activates cooling centers — air-conditioned public spaces open to anyone who needs to escape the heat. These include libraries, community centers, senior centers, and dedicated sites. Find locations at nyc.gov/coolingcenters or call 311.
Your Rights Inside the Shelter System
Once placed in shelter, you have rights including:
- Safe and decent conditions (adequate heat, hot water, working facilities)
- Freedom from discrimination and harassment
- Access to case management services and help with permanent housing applications
- Protection from arbitrary transfer between shelters without notice
- Right to a grievance process if your rights are violated
- Right to request an accommodation for disabilities
If your shelter rights are violated — unsafe conditions, harassment, arbitrary discharge — contact the Legal Aid Society’s Homeless Rights Project at (212) 577-3300 or the Coalition for the Homeless Hotline at (212) 776-2011.
Frequently Asked Questions
Can I be turned away from an NYC shelter?
Under the right-to-shelter mandate, eligible homeless adults cannot be turned away. If you are denied, request a written explanation and contact Legal Aid Society immediately. Families denied at PATH have the right to an immediate review.
Will I be asked about my immigration status at a shelter?
NYC shelters do not deny admission based on immigration status. Under NYC’s sanctuary city policies, shelter staff cannot share information with federal immigration authorities without a judicial warrant. The right to shelter applies regardless of status.
I see someone sleeping outside in dangerous cold. What can I do?
Call 311 and report the location. During Code Blue, the city will dispatch a DHS outreach team to the person’s location to offer shelter and transportation. You can also text “OUTREACH” to 898-211 in some periods — check nyc.gov/dhs for current outreach contact options.
How do I get help moving from shelter to permanent housing?
Every shelter resident is assigned a case manager who should be helping you pursue permanent housing options. If your case manager is not actively working on housing with you, ask your shelter director for a different assignment or contact the Coalition for the Homeless at (212) 776-2011 for advocacy support. You should also be applying to the NYC Housing Lottery while in shelter — see our housing lottery guide.
