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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46715 Judge Asarch PETITIONER CENTER participates in the U.S. Department of Housing and Urban Development’s Shelter Plus Care program, under which subsidized housing is provided to homeless person with disabilities, including serious mental illness and substance dependency. In combined holdover actions, petitioner sought recovery of apartments because, among other things, respondent licensee residents failed to attend mental health, substance abuse or medical treatment required under the license agreement. Finding that the respondents failed to abide by the terms of their agreement, the court ruled that a resident under the Shelter Plus Care program can be compelled to participate in treatment programs as a condition of continued residence. As a result, the court denied as illusory one resident’s affirmative defense that the guidelines of the New York State Office of Mental Health do not require program attendance as a condition of housing.

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