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New York Offers Supported Housing To Persons With Mental Illness

Source: Governor of New York
Posted on: 9th November 2009

Proposal Would Provide New Supported Housing Opportunities to Adult Home Residents with Mental Illness

Governor David A. Paterson today announced that the State of New York has submitted a plan that, if implemented, would offer Supported Housing to individuals with mental illness who currently reside in certain adult homes in New York City. The plan was prepared in compliance with a recently issued court order in a lawsuit that commenced in 2003.

“One of the biggest challenges facing government is how to allocate limited resources among the State’s vulnerable populations with diverse needs, especially now given the budgetary constraints imposed by the financial crisis facing the State,” said Governor Paterson. “This is why it is so important that we act to cut current year spending immediately. I have called the Legislature to convene in extraordinary session on Tuesday and urge lawmakers to act on my Deficit Reduction Plan at that time.”

The lawsuit was brought in federal court in the Eastern District of New York more than six years ago. Two months ago, following a bench trial, United States District Judge Nicholas G. Garaufis issued a decision finding that individuals with mental illness who live in adult homes are not sufficiently integrated into the community in violation of the Americans with Disabilities Act as interpreted by the Supreme Court’s 1999 Olmstead v. L.C. decision. The court ordered the State to submit a remedial plan in conformance with its decision.

If implemented, the plan, which was filed with the court on November 6, 2009, would not require an adult home resident to move to Supported Housing if he or she does not want to move, and a resident would not be offered Supported Housing if he or she is not clinically appropriate for such environment, in the judgment of a qualified clinician.

Supported Housing units funded by the Office of Mental Health are apartments occupied by individuals with mental illness who are able to prepare meals, clean, budget and manage medication with minimal assistance. Adult homes are licensed by the Department of Health, but are not State operated.

The State is represented in the litigation by the Office of the Attorney General. The court is expected to rule on the State’s plan and issue a final judgment in the case in the near future. At that time, the State will evaluate its options for appeal. The State would not be required to implement the plan unless it is accepted by the court and not reversed on an appeal, if an appeal is pursued.

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