and spend[ing] free time together in common 544 F.3d at 1215; Schwarz, accord areas.” 455 F.3d at 159-60. Lakeside, For example, in the court found the term applicable to a Woods v. Foster, “dwelling” homeless shelter. The court explained that the homeless not visitors or those on a temporary “are sojourn in the sense of motel guests. Although the Shelter is not designed to be a place of permanent residence, it cannot be said that the people who live there do not intend to return – they have nowhere else to 884 F. Supp. at 1173. The court rejected Woods, go.” defendants’ contention that the shelter was not a dwelling because were limited to 120 days, occupants’ stays ruling that the length of stay was not the determining the people who live in the factor. “Because Shelter have nowhere else to the Shelter is their residence in the sense that they live ‘return to,’ there and not in any other at 1173-74; Id. see also Jenkins v. New York City of place.” Dep’t 643 F. Supp. 2d 507, 518 (S.D.N.Y. 2009) (concluding, on motion to dismiss, Homeless Servs., that homeless shelters, within the definition of where the plaintiff, “could well fall dwelling,” to stay at the shelter as long as he can, . . . and has no other home to “intends go to.”). So too here. Plaintiffs allege sufficient facts to show that D.C. General Building 12 and the Girard Street Apartments provide temporary housing for those who, nowhere else to “have 884 F. Supp. at 1173, and who treat the shelter their Woods, Schwarz, ‘return to,’” “like home.” 544 F.3d at 1215. With respect to D.C. General Building 12, the First Amended Complaint alleges that there is limit on how long residents can that each family has, no, “time remain;” own where return...each day, [and] where they keep their and “their room,” “they belongings;” that residents are responsible for their own First Am. Compl. ¶ 43. “cleaning rooms.” Similarly, Plaintiffs allege that Girard Street Apartments is a “traditional apartment building, with approximately 20 separate keyed apartment units for residents containing
and spend[ing] free time together in common areas.” Schwarz, 544 F.3d at 1215; accord Lakeside, 455 F.3d at 159-60. For example, in Woods v. Foster, the court found the term “dwelling” applicable to a homeless shelter. The court explained that the homeless “are not visitors or those on a temporary sojourn in the sense of motel guests. Although the Shelter is not designed to be a place of permanent residence, it cannot be said that the people who live there do not intend to return – they have nowhere else to go.” Woods, 884 F. Supp. at 1173. The court rejected defendants’ contention that the shelter was not a dwelling because occupants’ stays were limited to 120 days, ruling that the length of stay was not the determining factor. “Because the people who live in the Shelter have nowhere else to ‘return to,’ the Shelter is their residence in the sense that they live there and not in any other place.” Id. at 1173-74; see also Jenkins v. New York City Dep’t of Homeless Servs., 643 F. Supp. 2d 507, 518 (S.D.N.Y. 2009) (concluding, on motion to dismiss, that homeless shelters, “could well fall within the definition of dwelling,” where the plaintiff, “intends to stay at the shelter as long as he can, . . . and has no other home to go to.”). So too here. Plaintiffs allege sufficient facts to show that D.C. General Building 12 and the Girard Street Apartments provide temporary housing for those who, “have nowhere else to ‘return to,’” Woods, 884 F. Supp. at 1173, and who treat the shelter “like their home.” Schwarz, 544 F.3d at 1215. With respect to D.C. General Building 12, the First Amended Complaint alleges that there is no, “time limit on how long residents can remain;” that each family has, “their own room,” where “they return...each day, [and] where they keep their belongings;” and that residents are responsible for “cleaning their own rooms.” First Am. Compl. ¶ 43. Similarly, Plaintiffs allege that Girard Street Apartments is a “traditional apartment building, with approximately 20 separate keyed apartment units for residents containing
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