Gov. Andrew Cuomo is ordering cities statewide to remove homeless people from the streets when temperatures freeze, but a spokesperson for New York City Mayor Bill de Blasio responded that forcing individuals into shelters would be unlawful.
Cuomo said Sunday he signed an executive order to protect the homeless. It takes effect Tuesday.
The order came as temperatures in parts of New York state were dipping below 32 degrees. It calls for police departments and social service agencies to move people into shelters, including those reluctant to go.
"We can't have people saying 'I'd rather stay on the street and freeze than go into a shelter.' I mean that's not the choice. That's not an option," Cuomo said during a telephone interview with 1010 WINS radio.
The governor said the order is necessary to protect people from hypothermia and potential death.
Karen Hinton, a de Blasio spokesperson, questioned the legality of Cuomo's order and said the city already does all that it can to encourage homeless individuals to go to shelters during freezing weather.
"We support the intent of the Executive Order, but to forcibly remove all homeless individuals in freezing weather as the governor has ordered, will require him to pass state law," she said.
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The governor told WCBS-AM radio that he's ready to defend his policy in the courts.
Hinton said the city will continue to apply state Mental Hygiene Law to remove homeless individuals from the streets in freezing weather when the city can show that such individuals are in imminent danger.
"However, courts have ruled that forcible removal is not legal," she said. "(Former Mayor) Ed Koch proposed a similar policy to forcibly remove people from the streets in cold temperatures, but the courts struck his plan down and three mayoral administrations have complied with that ruling."
