ITHACA, N.Y. — The last two residents of Tompkins County’s only year-round homeless shelter will be able to remain in place for the time being. The shelter was originally scheduled to close permanently on Nov. 15 after the county was unable to reach a contract renewal agreement with the shelter’s operator, St. John’s Community Services.
The organization originally announced in October it would close the shelter, located on West State Street, on Nov. 15, but later changed the date to Nov. 8 as the shelter’s employees resigned to find other jobs and staffing problems arose.
The two residents, Mark Twomey and James Noblitt, were scheduled to be moved from the building earlier this month along with others who relied on the 26-bed facility for shelter.
Most other residents of the shelter were either helped into other housing or referred to the Department of Social Services to find other options, county officials said. The shelter’s closing comes as cold weather arrives and the county scrambles to establish a Code Blue shelter in the former KeyBank building — the repurposed facility would only be open for those seeking Code Blue shelter at night.
But Legal Assistance of Western New York (LAWNY) filed an injunction in Tompkins County Court on Nov. 7, characterizing Twomey and Noblitt’s relocation as evictions. Lawyers with the organization argued the two were not given the legally sufficient amount of notice to vacate considering the length of time each of them had lived in the shelter.
Tompkins County Court Judge Scott Miller granted the preliminary injunction that forbade SJCS from moving the two residents from their rooms or stopping electricity, water or heat service to the building. SJCS has filed motions to dismiss the injunction, which would allow them to fully close the facility as previously announced.
Attorney Christopher Smith of LAWNY said the injunction only applies to Twomey and Noblitt as they were the only residents who have lived long enough in the shelter for tenants’ rights to apply. The shelter otherwise housed a predominantly transient population.
All residents were only given one month of notice before the organization was set to close, Smith said, and just three days when SJCS moved up the closing date citing staffing shortages. New York law requires residents of a property to be given 90-day notice ahead of evictions if they have lived somewhere for more than two years, though SJCS is contesting that the movement of residents should be considered relocations instead of evictions.
According to court documents, Noblitt has lived at the shelter for five years, while Twomey has lived there for two years. Both said they were notified on Nov. 4 they had to vacate the shelter by Nov. 7.
Smith said he did not believe any other residents are still living in the shelter. As long as the injunction is in place, SJCS has to maintain electricity and water service to the building and allow Noblitt and Twomey to live in their rooms.
Smith said he and SJCS are engaged in settlement negotiations to find a resolution before future hearings take place. SJCS CEO Alan Thornton did not respond to requests for further comment and clarity on the current operations of the shelter.
SJCS’ filing reports the organization would incur $1,826 of expenses each day after Nov. 16 as long as the shelter is mandated to remain open. The county no longer has an obligation to reimburse SJCS since its contract has since expired.
The expenses largely stem from salary and benefits for one remaining staff member. The filing also states SJCS has secured lodging for Noblitt and Twomey at a local motel if and when they decide to move from the shelter.
Noblitt and Twomey could not be reached for comment. Homeless advocates told county officials in the wake of the closing announcement that some residents were reluctant to be relocated because they worried they would not be permitted to bring all their belongings with them.
“It is not lost on us the societal and psychological impact of being homeless, we arrive to help others and individuals who are homeless face substantial obstacles,” the filing states. “However, effective November 16, 2024, we can no longer operate the homeless shelter. We have done everything we can to provide equal, if not better, accommodations for those impacted by this decision.”
Local attorney Michael Perehinec, who is representing SJCS in the matter, argued that because Twomey and Noblitt are being offered other housing options, their situation does not constitute an eviction and thus the state’s 90-day notice requirement should not apply.
“It must be understood that [Twomey and Noblitt] are not being evicted, they are being relocated because SJCS lacks funding to continue operations of the homeless shelter,” the filing states.
SJCS also alleges that Twomey and Noblitt both have several hundreds of dollars in overdue, unpaid rent, while LAWNY contends both of them are up-to-date on rent payments.
Additionally, because negotiations between SJCS and Tompkins County lasted until Oct. 15, Perehinec argues the 90-day notice was “not possible” with funding set to expire, rendering SJCS unable to operate the facility.
Smith said more hearings are scheduled for later this week.
Disclosure: Michael Perehinec is a former board member of The Ithaca Voice. This has not influenced our coverage. Anyone with concerns or questions can contact editor-in-chief Matt Butler at mbutler@ithacavoice.org.
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