O'Toole v. Cuomo

Date	Action	Link
1990-07-09	Americans with Disabilities Act (ADA) signed into law
1990-05-24	NYS Commission on Quality of Care investigtion of deaths at the Leben Home for Adults (later the subject of Cliff Levy's reporting on improper surgeries)	DEATH AMONG THE DISTURBED: WERE POLICE INATTENTIVE?
1990-08-06	NYS Commission on Quality of Care inspections of adult homes and fiscal practices	STATE INSPECTORS FIND SEVERE NEGLECT IN ADULT GROUP HOMES
1990-10-17	NYS Commission on Quality of Care inspections of adult homes	AGENCY REPORTS LITTLE OVERSIGHT OF ADULT HOMES
1990-10-09	NYS Commission on Quality of Care (CQC) Adult Homes Services Residents with Mental Illness: A Study of Conditions, Services, and Regulations	NEGLECT FOUND IN RESIDENCE FOR THE DISABLED.
1992-07-09	Exploiting the Vulnerable: The Case of Hi-Li Manor Home for the Aged and Regulation by the NYS Department of Social Services. A two-year-long investigation by the Commission uncovered the diversion of millions of dollars in public funds intended for the care of mentally ill residents of a 125-bed adult home in Queens operated by the Hebrew Academy of the Five Towns and Rockaway (HAFTR) and licensed by the New York State Department of Social Services. The Administrator was fired and later convicted of several crimes. Note: Hi-Li later became Ocean House, and was once again accused by the Commission of fiscal abuse.	REPORT SAYS HOME OPERATORS MISUSED FUNDS MEANT TO FEED MENTALLY ILL
1993-08-09	Falling Through the Safety Net: "Community Living" in Adult Homes for Patients Discharged from Psychiatric Hospitals. A report on two deaths involving long-term psychiatric center residents discharged to chronically deficient adult homes prompted a call for psychiatric center staff to comply with laws on discharge planning and follow-up, and for a coordinated "safety net" of residential and support services in the community for patients leaving state psychiatric centers.
1999-06-09	Olmstead v. L.C. Supreme Court decision	OLMSTEAD V. L. C.
2002-04-09	Clifford Levy Broken Homes series published in The New York Times	BROKEN HOMES
2002-08-09	Adult Care Facilities Workgroup convened after Levy articles Report of the Adult Care Facilities Workgroup (10/2002). Proposes that 6,000 of 12,000 individuals with mental illness in adult homes be moved to more integrated settings by March 2009.
2002-08-09	NYS CQC issues Adult Homes Serving Residents with Mental Illness: A Study on Layering of Services. This report described a common condition of multiple practitioners and providers – primary care and specialty physicians, medical and mental health clinics, private psychiatrists, nursing services and home health care aides – located on-site in adult homes and acting independently of each other. The open-ended expansion of services, rendered to a captive adult home population, invites in intensity of care which is expensive, uncoordinated and, in some cases unnecessary
2002-10-09	Adult Care Facilities Workgroup Report: Report of the Adult Care Facilities Workgroup
2002-12-09	NYS Adult Home Assessment Project (by NY Presbyterian Hospital). $1.3M study of 19 adult homes in NYC. Findings show vast majority of adult home residents could be served in supported housing
2003-06-30	Disability Advocates, Inc. (DAI) files complaint (DAI v. Pataki) alleging discrimination under Title II of the ADA and Section 504 of the Rehabilitation Act. Co-counsel in full: the Bazelon Center for Mental Health Law, DAI (now DRNY), MFY Legal Services, Inc. (now Mobilization for Justice or MFJ, Inc.), New York Lawyers for the Public Interest (NYLPI), Urban Justice Center (UJC), and Paul, Weiss, Rifkind, Wharton & Garrison, LLP
2007-02-09	SCAA publishes Action Plan for Dignity, Respect, Choice and Recovery for People Living in Adult Homes
2007-10-09	OMH issues request for proposals (RFP) for 60 supported housing beds for Adult Home referrals (initiative by legislature). Between 2007 and 2009 60 adult home residents move into supported housing through this pilot initiative
2009-05-11	DAI v. Pataki (now DAI v. Patterson) Bench Trial. 18 days, 29 witnesses, more than 300 exhibits
2009-09-08	Judge Garaufis issues Findings of Fact and Conclusions of Law: Defendants have discriminated against DAI's Constituents (Plaintiff class) in violation of the integration mandate of the ADA and the RA. Almost all of DAI's Constituents qualify for services in supported housing. Defendants have failed to establish that the relief sought by the Plaintiff would constitute a fundamental alteration of the State's mental health system. NYS has the opportunity to develop a remedial plan (by 10/23/2009) and respond to DAI's proposed remedial plan (by 11/08/2009)	MEMORANDUM & ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW
2009-10-16	United States (U.S.) Department of Justice (DOJ) seeks to intervene	JUSTICE DEPARTMENT SEEKS TO INTERVENE
2009-11-09	State submits proposed remedial plan and DAI responds
2010-03-01	Judge Garaufis issues Remedial Order; Rejects State's plan and ordered extensive relief to the Plaintiffs	REMEDIAL ORDER AND JUDGEMENT
2010-03-25	State moved for a Stay Pending Appeal of the Disrict Court's Order
2012-04-06	The Second Circuit Court of Appeals vacated the judgement on the grounds that the Plaintiff DAI lacked standing
2013-07-23	U.S. DOJ files complaint (United States of America v. State of New York) and DAI filed a new complaints on behalf of several named residents of adult homes, curing the standing problem.	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
2013-07-23	On the same day, the parties entered into a Settlement Agreement in the combined cases of O'Toole v. Cuomo, & United States of America v. State of New York. NYS will fund a minimum of 2,000 supported housing beds (including initial 1,050 beds in Brooklyn and Queens) over 5 years (July 2013-July 2018); NYS to fund further beds as needed so that "all qualified and interested class members" transition to supported housing; NYS will enroll adult homes residents into a Health Home (HH) or Managed Long Term Care Plan (MLTCP). HH/MLTCPs will assess and arrange for "needed services" during and following class members' transition to supported housing and arrange for "needed services" during and following class members' transition to supported housing. Clarence J Sundram appointed as Indpendent Reviewer.	STIPULATION AND ORDER OF SETTLEMENT
2014-01-09	Fairness Hearing: 62 current and former adult home residents share their opinions of settlement before Judge Garaufis
2014-03-17	Judge Garaufis grants approval for the final version of O'Toole v. Cuomo settlement
2014-03-17	Housing contractor (HC) 1 begins in-reach in 3 Brooklyn adult homes
2014-08-09	HC 2-6 begins in-reach in additional 3 Brooklyn and 11 Queens adult homes
2015-03-30	Independent Reviewer submits First Annual Report on settlement implementation. This report describes the initial actions by the State Defendants to implement the settlement agreement and the rate of progress in the first year. It identifies numerous actions that would be required to increase the pace of implementation to achieve compliance with the targets established in that agreement.	2015 ANNUAL REPORT
2015-04-09	HC 7-9 begin in-reach in 2 Bronx and 3 Staten Island adult homes
2016-04-01	Independent Reviewer submits Second Annual Report on settlement implementation. This report describes the experiences of a sample of class members who transitioned to the community, as well as exploring various obstacles class members encounter after expressing an interest in moving to community housing.	2015 ANNUAL REPORT
2017-02-14	John Doe v. Zucker motion for preliminary injunction filed in Albany County Supremen Court seeking to enjoin State regulations prohibiting the admission of persons with Serious Mental Illness to Impacted Adult hHomes.
2017-02-16	Judge Hartman (Albany County) files Temporary Restraining Order (TRO) enjoining enforcement of the State regulations, with the consent of NYS •SA Section O-1 states that if a TRO is filed in relation to O'Toole, parties must meet over 120 days to create modification of settlement agreement; without modification the original settlement will be null and void.
2017-04-03	Independent Reviewer submits Third Annual Report on settlement implementation	2017 ANNUAL REPORT
2017-05-17	The court approved a Second Amended Stipulation and Order of Settlement deleting O(1) from the Settlement Agreement.
2018-03-12	Supplemental to the Second Amended Stipulation and Order of Settlement reached which extended the Agreement to December 31, 2020. It capped the class to persons with SMI admitted to impacted adult homes prior to September 30, 2018; created a mertics for various processes and a Transition Metric formula for the required number of transitions each 6-month period; created a peer bridger program and several other accountability mechanisms.
2018-04-02	Independent Reviewer submits Fourth Annual Report on settlement implementation.This report again describes the experiences of a sample of class members who had moved to the community, including some of the difficulties they experienced. It also reports on class members in Assisted Living Programs within adult homes, which are intended to provide an enriched level of care. It identifies the need for formal quality assurance mechanisms to be implemented by the State.	2018 ANNUAL REPORT
2019-04-03	Independent Reviewer submits Fifth Annual Report on settlement implementation. During this report year, the parties agreed to a Supplemental Agreement which made significant changes to the Settlement Agreement including streamlining the assessment process, expanding the incident reporting and review process and creating a peer bridger program at each of the impacted adult homes. This report describes the effect of the changes during the approximately six months they had been in effect. Appendices to the report address Class Members Who Did Not Transition, after going through the process for approval; Quality Assurance, and Level II Housing (24 hour supervised housing).	2019 ANNUAL REPORT
2019-01-28	Independent Reviewer submits First Transition Metric Report
2019-09-10	Independent Reviewer submits Second Transition Metric Report
2020-04-01	Independent Reviewer submits Sixth Annual Report on settlement implementation. This report describes the continuing structural and process problems in implementation of the Settlement Agreement and the slowing pace of transitions to the community against the backdrop of the developing COVID-19 pandemic. It includes the Third Transition Metric Report, as well as the state of compliance with other metrics incorporated into the Supplemental Agreement in 2018. This report also includes a description of the Housing Procurement process used by housing contractors to locate apartments for class members, as well as a report on the implementation of the Peer Bridger program.	2020 ANNUAL REPORT
2020-08-13	Independent Reviewer submits Fourth Transition Metric Report
2020-07-09	Independent Reviewer's Report on Defendants' Incident Reviews. This report assesses the State's compliance with the requirements for implementing an incident reporting and investigation process for class members who have moved from adult homes to supported housing in the community.
2020-09-18	Independent Reviewer Report on Impact of COVID-19-19 on Class Menbers. This report submitted to the United States District Court describes the impact of restrictions on visitation upon a class of mentally ill residents of 22 adult homes (congregate care board and care facilities) in New York City. These restrictions on access to the facilities were imposed in the wake of the COVID-19 pandemic and limited the ability of families and support professionals to meet the residents in person since Mid-March 2020.	IMPACT OF COVID-19 ON CLASS MEMBERS
2020-09-21	Proposed process changes filed
2021-03-17	Parties' Settlement with Wavecrest HFA filed to resolve investigation conducted by the Independent reviewer into allegations of Discouragement and Interference with Peer Bridgers.
2021-04-01	Independent Reviewer submits Seventh Annual Report on settlement implementation. This report describes the continuing decline in the number of class members transitioning each year since 2017, exacerbated by the COVID-19 pandemic. The extraordinary conditions led the parties and the court to agree to suspend the Transition Metric Reports until February 2022. This report also discusses the closure of the Brooklyn Terrace Home for Adults and the transfer of its residents to supported housing and other congregate care facilities. It also discusses an investigation by the Independent Reviewer into complaints of Discouragement and Interference which culminated in a Settlement Agreement with the Wavecrest Home for Adults on March 17, 2021.	2021 ANNUAL REPORT
2021-05-10	Motion to extend the compliance deadline to December 31, 2023
2021-07-09	Independent Reviewer's Report on Review of Preadmission Screening. This report describes the process used to screen potential admissions to impacted adult homes for Serious Mental Illness and the weaknesses in the screening process that permits such admissions despite a State policy to prohibit them.
2022-04-01	This is the Eighth Annual report of the Independent Reviewer's monitoring of the implementation of a federal court Settlement Agreement in a class action lawsuit under the Americans with Disabilities Act which provided a class of approximately 4,000 persons with Serious Mental Illness, residing in 22 adult homes (board and care) in New York City, the opportunity to move to supported housing and other community residential options, with support services.	2022 ANNUAL REPORT
2023-04-01	Ninth Annual Report. This report follows the State's Full Court Press at additional adult homes and reports on emerging issues affecting performance. It also reports on incidents of discouragement and interference by adult home providers, the implementation of space plans to enable settlement provider staff to work in adult homes and the distribution of notices about the Decision Date by which class members had to make known their interest in being assessed for transition to community housing.	2023 ANNUAL REPORT
2024-04-01	Tenth Annual report. The tenth annual report on the implementation of an Olmstead class action settlement that gave a class of approximately 4,000 persons with serious mental illness residing in 23 adult homes in NYC the choice to move to supported housing or other suitable community housing alternatives, with appropriate support services. This report provides a retrospective view of the State's implementation efforts over the past decade, the progress made to date and the work left to be accomplished.	2024 ANNUAL REPORT
2024-11-01	Independent Reviewer's First Semi-Annual Report . This text presents the First Semi-Annual Report by an Independent Reviewer overseeing a civil action concerning the State of New York's compliance with a Settlement Agreement. The lawsuit addresses the rights of a class of individuals with Serious Mental Illness (SMI) residing in Impacted Adult Homes, focusing on their opportunity to transition to and receive support in community-based housing. The report details the status of the case, including the number of active class members and the review process for those choosing not to transition. It provides an update on the admissions and screening process at these facilities, ultimately offering conclusions and recommendations for the State based on monitoring activities and interviews with class members.	2024 SEMI-ANNUAL REPORT
2025-05-15	Independent Reviewer's Second Semi-Annual Report. This text presents the Second Semi-Annual Report by an Independent Reviewer overseeing a civil action in the Eastern District of New York concerning the State of New York's compliance with a Settlement Agreement. The lawsuit addresses the rights of a class of individuals with Serious Mental Illness (SMI) residing in Impacted Adult Homes, focusing on their opportunity to transition to and receive support in community-based housing. The report details the status of the case, including the number of active class members and the review process for those choosing not to transition. It further discusses the implementation of a Person-Centered Transition Planning (PCTP) initiative and provides an update on the admissions and screening process at these facilities, ultimately offering conclusions and recommendations for the State based on monitoring activities and interviews with class members.	2025 SEMI-ANNUAL REPORT
2025-05-15	Appendix A to Second Semi Annual report. This is Appendix A of a Semi-Annual Report, providing a review of a sample of class members living in supported housing. It details the methods used to select and study 30 individuals, highlighting that the sample primarily consists of those who have remained stably housed for over two years. The report then presents detailed findings across various domains, including housing and neighborhood experiences, financial and food security, medication management, community integration, and evolving physical and mental health needs, with a particular emphasis on the challenges faced by members and the roles of settlement service providers in addressing them.	2025 SEMI-ANNUAL REPORT - APPENDIX A
2025-06-23	Final status conference regarding dismissal of the case upon joint motion of the parties. Statement of Independent Reviewer to the Court.	FINAL ORDER OF DISMISSAL AND JUDGMENT
2025-06-23	Conclusion	STATEMENT OF CLARENCE J. SUNDRAM TO THE COURT

1990-07-09

Americans with Disabilities Act (ADA) signed into law

1990-05-24

NYS Commission on Quality of Care investigtion of deaths at the Leben Home for Adults (later the subject of Cliff Levy's reporting on improper surgeries)

DEATH AMONG THE DISTURBED: WERE POLICE INATTENTIVE?

1990-08-06

NYS Commission on Quality of Care inspections of adult homes and fiscal practices

STATE INSPECTORS FIND SEVERE NEGLECT IN ADULT GROUP HOMES

1990-10-17

NYS Commission on Quality of Care inspections of adult homes

AGENCY REPORTS LITTLE OVERSIGHT OF ADULT HOMES

1990-10-09

NYS Commission on Quality of Care (CQC) Adult Homes Services Residents with Mental Illness: A Study of Conditions, Services, and Regulations

NEGLECT FOUND IN RESIDENCE FOR THE DISABLED.

1992-07-09

Exploiting the Vulnerable: The Case of Hi-Li Manor Home for the Aged and Regulation by the NYS Department of Social Services. A two-year-long investigation by the Commission uncovered the diversion of millions of dollars in public funds intended for the care of mentally ill residents of a 125-bed adult home in Queens operated by the Hebrew Academy of the Five Towns and Rockaway (HAFTR) and licensed by the New York State Department of Social Services. The Administrator was fired and later convicted of several crimes. Note: Hi-Li later became Ocean House, and was once again accused by the Commission of fiscal abuse.

REPORT SAYS HOME OPERATORS MISUSED FUNDS MEANT TO FEED MENTALLY ILL

1993-08-09

Falling Through the Safety Net: "Community Living" in Adult Homes for Patients Discharged from Psychiatric Hospitals. A report on two deaths involving long-term psychiatric center residents discharged to chronically deficient adult homes prompted a call for psychiatric center staff to comply with laws on discharge planning and follow-up, and for a coordinated "safety net" of residential and support services in the community for patients leaving state psychiatric centers.

1999-06-09

Olmstead v. L.C. Supreme Court decision

OLMSTEAD V. L. C.

2002-04-09

Clifford Levy Broken Homes series published in The New York Times

BROKEN HOMES

2002-08-09

Adult Care Facilities Workgroup convened after Levy articles Report of the Adult Care Facilities Workgroup (10/2002). Proposes that 6,000 of 12,000 individuals with mental illness in adult homes be moved to more integrated settings by March 2009.

2002-08-09

NYS CQC issues Adult Homes Serving Residents with Mental Illness: A Study on Layering of Services. This report described a common condition of multiple practitioners and providers – primary care and specialty physicians, medical and mental health clinics, private psychiatrists, nursing services and home health care aides – located on-site in adult homes and acting independently of each other. The open-ended expansion of services, rendered to a captive adult home population, invites in intensity of care which is expensive, uncoordinated and, in some cases unnecessary

2002-10-09

Adult Care Facilities Workgroup Report: Report of the Adult Care Facilities Workgroup

2002-12-09

NYS Adult Home Assessment Project (by NY Presbyterian Hospital). $1.3M study of 19 adult homes in NYC. Findings show vast majority of adult home residents could be served in supported housing

2003-06-30

Disability Advocates, Inc. (DAI) files complaint (DAI v. Pataki) alleging discrimination under Title II of the ADA and Section 504 of the Rehabilitation Act. Co-counsel in full: the Bazelon Center for Mental Health Law, DAI (now DRNY), MFY Legal Services, Inc. (now Mobilization for Justice or MFJ, Inc.), New York Lawyers for the Public Interest (NYLPI), Urban Justice Center (UJC), and Paul, Weiss, Rifkind, Wharton & Garrison, LLP

2007-02-09

SCAA publishes Action Plan for Dignity, Respect, Choice and Recovery for People Living in Adult Homes

2007-10-09

OMH issues request for proposals (RFP) for 60 supported housing beds for Adult Home referrals (initiative by legislature). Between 2007 and 2009 60 adult home residents move into supported housing through this pilot initiative

2009-05-11

DAI v. Pataki (now DAI v. Patterson) Bench Trial. 18 days, 29 witnesses, more than 300 exhibits

2009-09-08

Judge Garaufis issues Findings of Fact and Conclusions of Law: Defendants have discriminated against DAI's Constituents (Plaintiff class) in violation of the integration mandate of the ADA and the RA. Almost all of DAI's Constituents qualify for services in supported housing. Defendants have failed to establish that the relief sought by the Plaintiff would constitute a fundamental alteration of the State's mental health system. NYS has the opportunity to develop a remedial plan (by 10/23/2009) and respond to DAI's proposed remedial plan (by 11/08/2009)

MEMORANDUM & ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW

2009-10-16

United States (U.S.) Department of Justice (DOJ) seeks to intervene

JUSTICE DEPARTMENT SEEKS TO INTERVENE

2009-11-09

State submits proposed remedial plan and DAI responds

2010-03-01

Judge Garaufis issues Remedial Order; Rejects State's plan and ordered extensive relief to the Plaintiffs

REMEDIAL ORDER AND JUDGEMENT

2010-03-25

State moved for a Stay Pending Appeal of the Disrict Court's Order

2012-04-06

The Second Circuit Court of Appeals vacated the judgement on the grounds that the Plaintiff DAI lacked standing

2013-07-23

U.S. DOJ files complaint (United States of America v. State of New York) and DAI filed a new complaints on behalf of several named residents of adult homes, curing the standing problem.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

2013-07-23

On the same day, the parties entered into a Settlement Agreement in the combined cases of O'Toole v. Cuomo, & United States of America v. State of New York. NYS will fund a minimum of 2,000 supported housing beds (including initial 1,050 beds in Brooklyn and Queens) over 5 years (July 2013-July 2018); NYS to fund further beds as needed so that "all qualified and interested class members" transition to supported housing; NYS will enroll adult homes residents into a Health Home (HH) or Managed Long Term Care Plan (MLTCP). HH/MLTCPs will assess and arrange for "needed services" during and following class members' transition to supported housing and arrange for "needed services" during and following class members' transition to supported housing. Clarence J Sundram appointed as Indpendent Reviewer.

STIPULATION AND ORDER OF SETTLEMENT

2014-01-09

Fairness Hearing: 62 current and former adult home residents share their opinions of settlement before Judge Garaufis

2014-03-17

Judge Garaufis grants approval for the final version of O'Toole v. Cuomo settlement

2014-03-17

Housing contractor (HC) 1 begins in-reach in 3 Brooklyn adult homes

2014-08-09

HC 2-6 begins in-reach in additional 3 Brooklyn and 11 Queens adult homes

2015-03-30

Independent Reviewer submits First Annual Report on settlement implementation. This report describes the initial actions by the State Defendants to implement the settlement agreement and the rate of progress in the first year. It identifies numerous actions that would be required to increase the pace of implementation to achieve compliance with the targets established in that agreement.

2015 ANNUAL REPORT

2015-04-09

HC 7-9 begin in-reach in 2 Bronx and 3 Staten Island adult homes

2016-04-01

Independent Reviewer submits Second Annual Report on settlement implementation. This report describes the experiences of a sample of class members who transitioned to the community, as well as exploring various obstacles class members encounter after expressing an interest in moving to community housing.

2015 ANNUAL REPORT

2017-02-14

John Doe v. Zucker motion for preliminary injunction filed in Albany County Supremen Court seeking to enjoin State regulations prohibiting the admission of persons with Serious Mental Illness to Impacted Adult hHomes.

2017-02-16

Judge Hartman (Albany County) files Temporary Restraining Order (TRO) enjoining enforcement of the State regulations, with the consent of NYS •SA Section O-1 states that if a TRO is filed in relation to O'Toole, parties must meet over 120 days to create modification of settlement agreement; without modification the original settlement will be null and void.

2017-04-03

Independent Reviewer submits Third Annual Report on settlement implementation

2017 ANNUAL REPORT

2017-05-17

The court approved a Second Amended Stipulation and Order of Settlement deleting O(1) from the Settlement Agreement.

2018-03-12

Supplemental to the Second Amended Stipulation and Order of Settlement reached which extended the Agreement to December 31, 2020. It capped the class to persons with SMI admitted to impacted adult homes prior to September 30, 2018; created a mertics for various processes and a Transition Metric formula for the required number of transitions each 6-month period; created a peer bridger program and several other accountability mechanisms.

2018-04-02

Independent Reviewer submits Fourth Annual Report on settlement implementation.This report again describes the experiences of a sample of class members who had moved to the community, including some of the difficulties they experienced. It also reports on class members in Assisted Living Programs within adult homes, which are intended to provide an enriched level of care. It identifies the need for formal quality assurance mechanisms to be implemented by the State.

2018 ANNUAL REPORT

2019-04-03

Independent Reviewer submits Fifth Annual Report on settlement implementation. During this report year, the parties agreed to a Supplemental Agreement which made significant changes to the Settlement Agreement including streamlining the assessment process, expanding the incident reporting and review process and creating a peer bridger program at each of the impacted adult homes. This report describes the effect of the changes during the approximately six months they had been in effect. Appendices to the report address Class Members Who Did Not Transition, after going through the process for approval; Quality Assurance, and Level II Housing (24 hour supervised housing).

2019 ANNUAL REPORT

2019-01-28

Independent Reviewer submits First Transition Metric Report

2019-09-10

Independent Reviewer submits Second Transition Metric Report

2020-04-01

Independent Reviewer submits Sixth Annual Report on settlement implementation. This report describes the continuing structural and process problems in implementation of the Settlement Agreement and the slowing pace of transitions to the community against the backdrop of the developing COVID-19 pandemic. It includes the Third Transition Metric Report, as well as the state of compliance with other metrics incorporated into the Supplemental Agreement in 2018. This report also includes a description of the Housing Procurement process used by housing contractors to locate apartments for class members, as well as a report on the implementation of the Peer Bridger program.

2020 ANNUAL REPORT

2020-08-13

Independent Reviewer submits Fourth Transition Metric Report

2020-07-09

Independent Reviewer's Report on Defendants' Incident Reviews. This report assesses the State's compliance with the requirements for implementing an incident reporting and investigation process for class members who have moved from adult homes to supported housing in the community.

2020-09-18

Independent Reviewer Report on Impact of COVID-19-19 on Class Menbers. This report submitted to the United States District Court describes the impact of restrictions on visitation upon a class of mentally ill residents of 22 adult homes (congregate care board and care facilities) in New York City. These restrictions on access to the facilities were imposed in the wake of the COVID-19 pandemic and limited the ability of families and support professionals to meet the residents in person since Mid-March 2020.

IMPACT OF COVID-19 ON CLASS MEMBERS

2020-09-21

Proposed process changes filed

2021-03-17

Parties' Settlement with Wavecrest HFA filed to resolve investigation conducted by the Independent reviewer into allegations of Discouragement and Interference with Peer Bridgers.

2021-04-01

Independent Reviewer submits Seventh Annual Report on settlement implementation. This report describes the continuing decline in the number of class members transitioning each year since 2017, exacerbated by the COVID-19 pandemic. The extraordinary conditions led the parties and the court to agree to suspend the Transition Metric Reports until February 2022. This report also discusses the closure of the Brooklyn Terrace Home for Adults and the transfer of its residents to supported housing and other congregate care facilities. It also discusses an investigation by the Independent Reviewer into complaints of Discouragement and Interference which culminated in a Settlement Agreement with the Wavecrest Home for Adults on March 17, 2021.

2021 ANNUAL REPORT

2021-05-10

Motion to extend the compliance deadline to December 31, 2023

2021-07-09

Independent Reviewer's Report on Review of Preadmission Screening. This report describes the process used to screen potential admissions to impacted adult homes for Serious Mental Illness and the weaknesses in the screening process that permits such admissions despite a State policy to prohibit them.

2022-04-01

This is the Eighth Annual report of the Independent Reviewer's monitoring of the implementation of a federal court Settlement Agreement in a class action lawsuit under the Americans with Disabilities Act which provided a class of approximately 4,000 persons with Serious Mental Illness, residing in 22 adult homes (board and care) in New York City, the opportunity to move to supported housing and other community residential options, with support services.

2022 ANNUAL REPORT

2023-04-01

Ninth Annual Report. This report follows the State's Full Court Press at additional adult homes and reports on emerging issues affecting performance. It also reports on incidents of discouragement and interference by adult home providers, the implementation of space plans to enable settlement provider staff to work in adult homes and the distribution of notices about the Decision Date by which class members had to make known their interest in being assessed for transition to community housing.

2023 ANNUAL REPORT

2024-04-01

Tenth Annual report. The tenth annual report on the implementation of an Olmstead class action settlement that gave a class of approximately 4,000 persons with serious mental illness residing in 23 adult homes in NYC the choice to move to supported housing or other suitable community housing alternatives, with appropriate support services. This report provides a retrospective view of the State's implementation efforts over the past decade, the progress made to date and the work left to be accomplished.

2024 ANNUAL REPORT

2024-11-01

Independent Reviewer's First Semi-Annual Report . This text presents the First Semi-Annual Report by an Independent Reviewer overseeing a civil action concerning the State of New York's compliance with a Settlement Agreement. The lawsuit addresses the rights of a class of individuals with Serious Mental Illness (SMI) residing in Impacted Adult Homes, focusing on their opportunity to transition to and receive support in community-based housing. The report details the status of the case, including the number of active class members and the review process for those choosing not to transition. It provides an update on the admissions and screening process at these facilities, ultimately offering conclusions and recommendations for the State based on monitoring activities and interviews with class members.

2024 SEMI-ANNUAL REPORT

2025-05-15

Independent Reviewer's Second Semi-Annual Report. This text presents the Second Semi-Annual Report by an Independent Reviewer overseeing a civil action in the Eastern District of New York concerning the State of New York's compliance with a Settlement Agreement. The lawsuit addresses the rights of a class of individuals with Serious Mental Illness (SMI) residing in Impacted Adult Homes, focusing on their opportunity to transition to and receive support in community-based housing. The report details the status of the case, including the number of active class members and the review process for those choosing not to transition. It further discusses the implementation of a Person-Centered Transition Planning (PCTP) initiative and provides an update on the admissions and screening process at these facilities, ultimately offering conclusions and recommendations for the State based on monitoring activities and interviews with class members.

2025 SEMI-ANNUAL REPORT

2025-05-15

Appendix A to Second Semi Annual report. This is Appendix A of a Semi-Annual Report, providing a review of a sample of class members living in supported housing. It details the methods used to select and study 30 individuals, highlighting that the sample primarily consists of those who have remained stably housed for over two years. The report then presents detailed findings across various domains, including housing and neighborhood experiences, financial and food security, medication management, community integration, and evolving physical and mental health needs, with a particular emphasis on the challenges faced by members and the roles of settlement service providers in addressing them.

2025 SEMI-ANNUAL REPORT - APPENDIX A

2025-06-23

Final status conference regarding dismissal of the case upon joint motion of the parties. Statement of Independent Reviewer to the Court.

FINAL ORDER OF DISMISSAL AND JUDGMENT

2025-06-23

Conclusion

STATEMENT OF CLARENCE J. SUNDRAM TO THE COURT