Bay Shore homeless shelter process 'was conducted clandestinely,' Islip alleges in lawsuit against Suffolk

The Town of Islip is going to court to try to force Suffolk County to shut down a Bay Shore homeless shelter, following community outcry against the facility.

The town had originally called on Suffolk to shut down the shelter in October.

In court records, Islip alleges that the shelter does not comply with local zoning and building codes, and that the county did not notify the town it was planning to operate the shelter in Bay Shore, as required by county law.

“Instead, the entire process — from certification to siting to contract — was conducted clandestinely,” the town says in the lawsuit filed Dec. 29 in Suffolk County Supreme Court.

According to court records, the town learned of the shelter’s existence when a fire marshal visited the property in early October to investigate a complaint from a resident.

The operation of a homeless shelter at the site violates town law because the three commercial buildings on the property are only certified for use as a motel, according to court records.

The fire marshal’s office also found in an October inspection several electrical and fire hazards, as well as an active gas leak, court records show.

If a shelter fails to comply with local law within 60 days after it was notified of a violation, the county is required by law to “terminate’ its contract with the shelter’s operator,” the town says in the complaint. 

As of late December, property owner Ratan Bayshore L.L.C. had not applied to change the use of the property, according to the town.

The Town of Islip and Suffolk County both declined to comment on the pending litigation.

United Veterans Beacon House Inc., the veterans organization that is operating the homeless facility on behalf of the county, also is named as a defendant in the town’s suit.

“We continue to work closely with Suffolk County and look forward to a satisfactory resolution that will ensure fair treatment for all those entrusted to our care,” said Frank Amalfitano, president and CEO of Beacon House.

Several Bay Shore residents have expressed concerns about how the shelter might impact safety and property values in their neighborhoods, Newsday has previously reported.

Dayana Hidalgo, a Bay Shore resident who was shopping nearby on Monday echoed some of those concerns, saying neighbors "should have been told about" the shelter.

Others shopping near the facility, however, said they don't believe the shelter should be shut down.

Kelvin Clarkson, who moved to Bay Shore about a year and a half ago, said the town's effort to shut down the shelter is "ridiculous."

Beacon House employee Lavar Graham, speaking near the facility on Monday, said homeless shelter programs helps a lot of people — including himself, who was once homeless. 

"If you lose your job, you can be one check away from being homeless yourself," he said. "This helps out everybody."

Suffolk County police recorded four criminal incidents at the facility between August and October 2022, compared with three in the same period in 2023.

According to a police database, 834 criminal incidents were reported in Bay Shore throughout 2022. Police recorded 827 crimes in the hamlet in 2023. 

United Veterans Beacon House has tightened security at the shelter in response to community concerns.

The county has previously said that county law states that it is required to notify local municipalities with a written list of emergency shelters on a quarterly basis, which was done in the case of the Bay Shore facility.

A Suffolk spokeswoman said in October the county has seen an increase in families and individuals seeking help finding shelter since the expiration of COVID-19 benefits.

Mike Giuffrida, associate director with the Long Island Coalition for the Homeless, said for the last few months in Suffolk County, many individuals trying to access shelter have been offered shelter beds that don't meet their needs — likely because there are fewer options available. 

"For example, maybe somebody is living on the street in Lindenhurst and they have support systems there, they have doctors nearby that they can get to, they have places they can go to survive. Maybe they try and access shelter and the only shelter that is available is in Riverhead," he said.

As of Monday, the county shelter system was at 96% capacity, according to a county spokesman.

With Shari Einhorn