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34 Colum. Hum. Rts. L. Rev. 157 (2002-2003)
The Right to Shelter as a Fundamental Interest under the New York State Constitution

handle is hein.journals/colhr34 and id is 165 raw text is: THE RIGHT TO SHELTER AS A FUNDAMENTAL INTEREST UNDER THE NEW YORK STATE CONSTITUTION by Bradley R. Haywood* I. INTRODUCTION For decades, New York City has been America's laboratory for social welfare policy. Much of that is attributable to two hallmarks of the New York legal landscape. First, New York State is one of the only states in America with a judicially enforceable obligation to provide shelter to the homeless,' and second, New York State is one of the only states with an affirmative constitutional duty to provide for the welfare of the needy.2 What is surprising, however, is that these two hallmarks bear very little formal relation to one * B.A., University of Michigan (1998); J.D., Columbia University School of Law (expected 2003); Managing Editor, Columbia Human Rights Law Review (2002-03). First and foremost, I would like to thank my parents for their love and support. I would also like to thank Professor David Super for his detailed substantive feedback and Seiji Niwa for invaluable editorial assistance. Finally, I would like to thank Professor Kim Hopper for helpful comments on an earlier draft of this Note. 1. Florence Wagman Roisman, Nat'l Support Ctr. for Low Income Housing, Establishing a Right to Housing: An Advocate's Guide 5-13 (1991) (noting that state and local laws in New Jersey, Connecticut, California, Indiana, New York, and New Hampshire have established some form of judicially enforceable right to shelter). 2. See N.Y. Const. art. XVII, § 1 (providing for mandatory provision of social welfare for the needy). The provision, which reads that the aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions, and in such manner and by such means, as the legislature may from time to time determine has been deemed an obligation of the State. Tucker v. Toia, 371 N.E.2d 449, 451 (N.Y. 1977) (affirming that provision of assistance to the needy in New York State is not a matter of legislative grace, but rather, is specifically mandated by our Constitution). For a more complete discussion of judicial interpretation of Article XVII, § 1, see infra Part V.