Homeless can stay in West Side hotel

City officials cannot remove homeless men living at an Upper West Side hotel-turned-shelter unless the residents wish to leave, a panel of appeals court judges unanimously ruled on Tuesday.

The fate of the men’s living status has changed on a monthto-month basis as lawyers for Mayor de Blasio, a Financial District community group and advocates for uptown residents who live near the Lucerne Hotel on W. 79th St. argue over where they should live.

The men were moved into the facility at the beginning of the pandemic to curb COVID-19’s spread among the city’s homeless population, prompting an outcry from residents.

The case made its way to the Appellate Division, 1st Department, after Manhattan Supreme Court Justice Debra James dismissed it on Nov. 25. In doing so, James lifted a temporary restraining order issued a month before that ensured the men could stay put and not be moved to the Radisson Hotel shelter at 52 William St. in lower Manhattan.

Lawyers for the city Law Department, the Lucerne men, and the Financial District community group have until May to prepare their arguments to be heard on appeal or reach an agreement outside of the courtroom.

In the meantime, the appellate court ruled that the men should decide where they want to live.

“We are so grateful that the appellate court recognized it would be detrimental to force our relocation from the Lucerne, and in doing so considered our humanity and well-being over those who showed no concern for us. We still hope the mayor and the first lady will come here in person, see the great services happening at the Lucerne and call off this irrational move once and for all,” said Lucerne resident Shams da Baron.

“We hope our success here — working together with the permanent community — could be used as a model for shelters across the city,” he said.