Judge dismisses Islip's lawsuit against Suffolk over Bay Shore homeless shelter
A drone image of a Suffolk County-operated homeless shelter in Bay Shore. Credit: Peter Frutkoff
A state judge has thrown out a Town of Islip suit to shut down a Bay Shore homeless shelter that the town alleged Suffolk County had opened "clandestinely," without involving Islip in the site selection process.
State Supreme Court Justice Christopher Modelewski, citing a 2003 precedent, ruled that regulation of adult-care facilities like the Bay Shore shelter fall beyond the jurisdiction of local government.
“This Court will not place the fate of homeless veterans in the hands of an unelected town planning commissioner, whose substantial authority does not extend into the realm of adult residential facilities,” Modelewski said in last week’s decision.
The Town of Islip first called on the county to shutter the shelter in October, after community outcry. The town filed the lawsuit in late December.
Islip initially alleged in court records that the shelter did not comply with local building codes, but later abandoned that argument in opposition papers after violations were corrected, according to the court ruling.
The town also argued that county law required Suffolk to provide advance notice that it was planning to operate the shelter in Bay Shore, and that Islip zoning code requires a change of use application for the site to the town planning commissioner.
Suffolk County and the Town of Islip declined to comment on the judge’s decision.
United Veterans Beacon House Inc., the veterans organization that is operating the homeless facility on behalf of the county, is also named as a defendant in the suit.
"We appreciate the court's decision, and we look forward to continuing our management of this important facility. Our goal is to aid the otherwise homeless residents of Islip so that they can eventually return to independent and productive living," 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.
United Veterans Beacon House has tightened security at the shelter in response to community concerns.
Suffolk County police recorded 1,205 criminal incidents in the hamlet in 2023, compared with 829 in 2022, the majority of which were classified as property crimes. So far in 2024, police have recorded 671 criminal incidents in the hamlet.
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.
Mike Giuffrida, associate director of the Long Island Coalition for the Homeless, said the nonprofit can't comment on the details of the lawsuit, but praised United Veterans Beacon House for their work and said homelessness is at an all time high on Long Island.
"Shelters and other programs that provide emergency assistance is needed more than ever across Long Island and will make communities safer. Most people that experience homelessness are far more likely to face victimization ... than to be the one committing a crime," he said.
A Suffolk spokeswoman said last October the county has seen an increase in families and individuals seeking help finding shelter since the expiration of COVID-19 benefits. The county did not immediately respond to a request for updated statistics.
The Long Island Coalition for the Homeless does not keep statistics on the number of people trying to access shelters, "but anecdotally, the demand has far exceeded the number of shelter beds for many months, where people report being turned away with no where to go," Giuffrida said.
The organization served 4,032 households in 2023, up from 3,824 in 2019 and 3,070 in 2021, Newsday has reported.
A state judge has thrown out a Town of Islip suit to shut down a Bay Shore homeless shelter that the town alleged Suffolk County had opened "clandestinely," without involving Islip in the site selection process.
State Supreme Court Justice Christopher Modelewski, citing a 2003 precedent, ruled that regulation of adult-care facilities like the Bay Shore shelter fall beyond the jurisdiction of local government.
“This Court will not place the fate of homeless veterans in the hands of an unelected town planning commissioner, whose substantial authority does not extend into the realm of adult residential facilities,” Modelewski said in last week’s decision.
The Town of Islip first called on the county to shutter the shelter in October, after community outcry. The town filed the lawsuit in late December.
Islip initially alleged in court records that the shelter did not comply with local building codes, but later abandoned that argument in opposition papers after violations were corrected, according to the court ruling.
The town also argued that county law required Suffolk to provide advance notice that it was planning to operate the shelter in Bay Shore, and that Islip zoning code requires a change of use application for the site to the town planning commissioner.
Suffolk County and the Town of Islip declined to comment on the judge’s decision.
United Veterans Beacon House Inc., the veterans organization that is operating the homeless facility on behalf of the county, is also named as a defendant in the suit.
"We appreciate the court's decision, and we look forward to continuing our management of this important facility. Our goal is to aid the otherwise homeless residents of Islip so that they can eventually return to independent and productive living," 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.
United Veterans Beacon House has tightened security at the shelter in response to community concerns.
Suffolk County police recorded 1,205 criminal incidents in the hamlet in 2023, compared with 829 in 2022, the majority of which were classified as property crimes. So far in 2024, police have recorded 671 criminal incidents in the hamlet.
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.
Mike Giuffrida, associate director of the Long Island Coalition for the Homeless, said the nonprofit can't comment on the details of the lawsuit, but praised United Veterans Beacon House for their work and said homelessness is at an all time high on Long Island.
"Shelters and other programs that provide emergency assistance is needed more than ever across Long Island and will make communities safer. Most people that experience homelessness are far more likely to face victimization ... than to be the one committing a crime," he said.
A Suffolk spokeswoman said last October the county has seen an increase in families and individuals seeking help finding shelter since the expiration of COVID-19 benefits. The county did not immediately respond to a request for updated statistics.
The Long Island Coalition for the Homeless does not keep statistics on the number of people trying to access shelters, "but anecdotally, the demand has far exceeded the number of shelter beds for many months, where people report being turned away with no where to go," Giuffrida said.
The organization served 4,032 households in 2023, up from 3,824 in 2019 and 3,070 in 2021, Newsday has reported.
Brianne Ledda covers the Town of Islip for Newsday. She previously covered Southold and Greenport for The Suffolk Times and is a graduate of Stony Brook University.
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