City residents in need of a shelter will no longer have to prove it's their last resort after a state Supreme Court found the controversial homeless policy unconstitutional.

The City Council had voted in December to sue Mayor Michael Bloomberg's administration alleging it did not consult council members or the public before enacting the restrictions.

The Department of Homeless Services plans to appeal the decision, saying the "...Disappointing decision does not undermine the city's strong reasons for developing this common sense procedure, nor does it make any determinations about its legality other than ruling on the method used to issue it."