Unconstitutional Policing Practices: Documentation Project

During 2004, primarily June through September, we conducted in-depth surveys with homeless New Yorkers with a focus on midtown Manhattan. Surveys were also conducted in Harlem, Union Square and the East Village, and a few in Brooklyn. We are now in the process of analyzing the results, which, in their preliminary form reveal a pattern and practice of using selective enforcement, arbitrary arrest, ticketing and harassment to move homeless New Yorkers out of public spaces. The civil rights committee is compiling data to issue a comprehensive report on what policing policies toward homeless New Yorkers looks like, and the impact of unconstitutional policing practices on homeless New Yorkers and the community as a whole.

Upcoming Legal Clinic!

We are in the process of organizing a legal defense clinic for homeless New Yorkers that would provide individual representation and counsel to fight Quality of Life and other non-criminal conduct arrest and ticketing as well as to identify civil rights violations for further legal action. This effort is a joint project between Picture the Homeless, The Center for Constitutional Rights, Coalition for the Homeless and Union Theological Seminary Poverty Initiative Project.


The Illogic of the New York City Housing Authority Discrimination against Homeless New Yorkers with histories of Police Contact

Having a criminal record can keep you out of public housing according to federal law enacted during the Clinton administration. Local housing authorities have the right to develop eligibility guidelines within the general framework of this federal law. The New York City Housing Authority (NYCHA) as enacted stricter guidelines than what is federally required. So in NYC, getting even quality of life tickets can potentially keep you out of public housing. Homeless New Yorkers, most likely to have police contact and get tickets for life sustaining conduct are arguably most in need of public housing but are excluded due to these discriminatory guidelines.

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The way it plays out is that a homeless New Yorker can get a ticket or arrested for being in public space and the officer can write whatever they want on the paperwork. If you are arrested you get fingerprinted (it is illegal under New York State Law to fingerprint people for violations such as Quality of Life violations) and when NYCHA does a background you show up with an arrest record – not based on being convicted or even having a trial just arrested. If arrested you appear before a judge at arraignment – usually the next day – and are encouraged to take a dismissal for time served instead of pleading not guilty and having a right to trial. If you get a ticket you have to appear at Manhattan Criminal Court before 346 Broadway where you appear before a judge and don’t even get to talk to a lawyer. This often results in getting a ACD where you are placed on a kind of probation (see Homeless People Organize below). When folks don’t appear in court because their tickets turn into criminal warrants which do result in jail time. So being homeless in NYC places you at risk of police contact which then makes you ineligible for public housing!