top of page

Callahan v. Carey: The Landmark 1979 Case Establishing New York City's Right to Shelter

**Callahan v. Carey** is a landmark 1979 class-action lawsuit that established New York City's groundbreaking **right to shelter** for homeless individuals. Filed in New York State Supreme Court on behalf of homeless men in Manhattan's Bowery area, the case—led by attorney Robert Hayes and the Coalition for the Homeless—argued that Article XVII of the New York State Constitution mandates the state and its subdivisions to provide aid, care, and support to the needy. In a pivotal December 1979 ruling, the court ordered the city and state to supply adequate shelter, citing the constitutional obligation to protect vulnerable people from harsh conditions like winter exposure. The lawsuit settled in 1981 through a **consent decree** requiring New York City to offer shelter and board to any qualifying homeless man in need due to physical, mental, or social dysfunction, while setting minimum health, safety, and operational standards for facilities. This decision laid the foundation for extending the right to shelter to women, families, and children through later cases, shaping NYC's unique legal mandate that continues to guarantee shelter access today and influences ongoing debates about homelessness policy.

bottom of page