Judge tosses lawsuit against new homeless shelter in Queens

A judge Friday tossed the suit brought by a group of Queens residents who claim the city skipped a required environmental review for a new homeless shelter.

Opponents of the 200-bed men’s shelter at 78-16 Cooper Ave., a former warehouse in Glendale, filed suit in November, claiming the city “utterly ignored their legal obligations” by not carrying out the required reviews before announcing the plans for the new shelter.

Only 30 shelters had been opened while another 30 were still in the planning or construction stages as of December.

Manhattan Supreme Court Justice Carol Edmead found that the plaintiffs incorrectly interpreted the review process rules.

The judge further ruled that the Department of Homeless Services’ own review of the proposed shelter — which determined that the “project did not have the potential to result in adverse environmental impacts” — was sufficient for the project to go forward.

“Their argument is unfounded, since petitioners/plaintiffs fail to identify any authority to support the proposition that a ‘city-wide’ review is required before DHS may initiate any homeless shelter development projects,” Edmead’s decision reads.

Isaac McGinn, a spokesperson with the Department of Social Services, said, “Today’s ruling is a win for New Yorkers experiencing homelessness who will now have the opportunity to get back on their feet at this high-quality employment shelter.”

“We are proceeding as soon as possible with opening this first-of-its-kind facility in this Queens community, which currently has zero shelter capacity to support those from Queens who may fall on hard times,” McGinn added.

But, a rep from City Council Member Robert Holden’s office said that while DHS wants to proceed full steam ahead with the project, the Department of Buildings put a hold on the plans after the plaintiffs also filed objections with the agency. That hold will need to be addressed before the project can go forward.

A rep with the city Law Department said, “We are pleased the court upheld the City’s review process.”

“Every neighborhood across New York City has a part to play in addressing the citywide challenge of homelessness,” said Avery Cohen, a spokesperson from the mayor’s office. “We look forward to helping more of our neighbors find lasting paths to stability as we move forward with our ambitious plan to Turn the Tide on Homelessness.”

A lawyer for the plaintiffs also did not immediately return a request for comment.