Neighbor News
MFY Sues State Health Dept. for Information on Recent Nursing Home Closures
Legal firm MFY files suit in NY State Supreme Court for the details on closing of nursing homes & unannounced eviction of patients.
NEW YORK, NY, May 9, 2017—Alarmed that the New York State Department of Health (DOH) failed to protect residents of two nursing homes that were purchased, closed and then sold to luxury housing developers, MFY Legal Services, Inc. (MFY) filed suit in Supreme Court of New York County today challenging the DOH’s refusal to release documents related to its interactions with the Allure Group.
The Allure Group purchased Rivington House, a nursing home for AIDS patients in Lower Manhattan, and CABS Nursing Home in Brooklyn, operated them briefly as for-profit facilities, then closed them to convert the properties to luxury residential buildings. “Closing Rivington House had a disastrous impact on
vulnerable, disabled, poor and long-time residents of color, their families, and loved ones,” said K Webster of Neighbors to Save Rivington House, which formed after the Allure Group’s plans were uncovered. “When the community first learned the site’s stewards wanted to sell it for profit, the community fought back to ensure it was kept for the people who needed it most. We are still waiting for answers as to how our state and city governments allowed this to happen on their watch.”
Under state regulations, nursing home owners must inform the DOH of an intent to close a facility and file a written closure plan at least 90 days be fore the intended closure. MFY submitted a FOIL request for those and related documents over a year ago. After stalling for eight months, the DOH denied the request in November 2016, and in January 2017 denied MFY’s appeal of the denial.
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“The review process for nursing home closures is supposed to protect vulnerable residents, but the Allure Group emptied its facilities quietly before flipping the properties to luxury developers,” said Daniel A. Ross, a staff attorney at MFY who submittd the FOIL request. “We want to find out why the DOH provided so little oversight.”
“We requested these documents to hold the DOH accountable for enforcing its own regulations and protecting the rights of nursing home residents ,” said Kevin M. Cremin, Director of Litigation for Disability and Aging Rights at MFY. “What does the DOH have to hide?”