The Bloomberg administration and the Legal Aid Society yesterday concluded a quarter-century of litigation that had held the city hostage to social activism dressed up in judicial writs.
At last, City Hall is free to make homeless policy as it sees fit. No longer is it required to hew to the whims of advocate-judge Helen Freedman – who was recently elevated by Gov. Paterson to the Appellate Division of state Supreme Court.
Freedman seized control of local homeless policy in 1983, refusing to relinquish it through the tenure of four mayors – Ed Koch, David Dinkins, Rudy Giuliani and Mike Bloomberg – despite a total lack of evidence of municipal bad faith.
Giuliani and Bloomberg made incremental progress toward restoring a measure of common sense to city policy – but, in the end, Freedman and a trusty sidekick, Steven Banks of the Legal Aid Society, held tight to their oversight.
Even after a Special Master panel (which Freedman herself had appointed) recommended in 2005 an end to litigation, the judge and Banks refused to let go.
Then, six weeks ago, Freedman went from the Supreme Court trial bench to the appeals court.
Presto! Absent its personal judge, Legal Aid moved to a settlement.
And make no mistake, this is a big win for the city – which will continue finding full-time shelter for homeless families, while scrupulously enforcing eligibility requirements.
But, most significantly, homeless policy for the city of New York will be the sole responsibility of the elected officials of the city of New York.
Legal Aid can still sue over homeless policy – but new cases will be heard by a different judge.
It’s too bad Judge Freedman is still on the bench, free to indulge her activist impulses. But at least City Hall finally catches a break. Thank goodness.