Suffolk County does not enforce a sit-lie ordinance against people experiencing homelessness. State and federal constitutional rulings, including Martin v. Boise, limit local power to criminalize sleeping in public when no shelter is available. Town-level rules vary.
Suffolk County has not enacted a sit-lie ordinance. The Long Island Coalition for the Homeless, the Continuum of Care lead agency for Nassau and Suffolk under HUD, advocates against criminalization and partners with Suffolk County Department of Social Services on outreach. The 2018 Ninth Circuit decision in Martin v. Boise and the 2024 Supreme Court ruling in Grants Pass v. Johnson, while not binding precedent in the Second Circuit, inform local prosecutorial discretion. Town codes in incorporated villages may include disorderly-conduct or loitering provisions, but New York Penal Law Section 240.35 (loitering) was substantially struck down by People v. Bright in 1989, limiting enforcement countywide.
Charging a homeless individual with sit-lie or loitering when no shelter bed is available risks dismissal under constitutional defenses and potential civil-rights actions under 42 USC Section 1983.
Calverton, NY
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Suffolk County, NY
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Suffolk County, NY
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See how Calverton's sit-lie rules rules stack up against other locations.
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