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John Doe v. Howard Zucker, M.D. (N.D.N.Y.)


On January 10, 2022, the United States filed a Statement of Interest in the case of Doe v. Zucker.  The case challenges a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes, by alleging that the regulation violates the Fair Housing Act and the Americans with Disabilities Act. The State issued the regulation in conjunction with the United States’ settlement under Title II of the ADA in U.S. v. New York, No. 13-cv-4165 (E.D.N.Y. 2013) and consistent with its Office of Mental Health’s determination that Adult Homes “are not clinically appropriate settings” for individuals with SMI, “nor are they conducive to the rehabilitation or recovery of such persons.” The Statement of Interest explains that the regulation does not violate the Fair Housing Act.

Case Open Date
Case Name
John Doe v. Howard Zucker, M.D. (N.D.N.Y.)
  • Commissioner of the New York State Department of Health; Fair Housing Act; FHA; mental illness; Office of Mental Health; OMH; transitional adult homes; DOH Regulation; Americans with Disabilities Act; ADA
Industry Code(s)
  • None
Updated August 1, 2023